ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving Prohibition on United States Military Assistance with Respect to Burkina Faso and Dominica

President Bush waived a statutory prohibition on U.S. military assistance to Burkina Faso and Dominica after determining both countries had entered into Article 98 agreements shielding U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as those agreements stay in force.

Federal Register Open PDF 69 FR 31511

Impact dates

  1. Congressional notification and Federal Register publication

Key directives

  • Determine Burkina Faso and Dominica have Article 98 agreements with the U.S.
  • Waive section 2007(a) prohibition on military assistance for both countries
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver of military assistance prohibition takes effect
  • Military assistance may resume to both countries

Near term (90d)

  • Congressional notification and Federal Register publication to be arranged

Long term

  • Continued military assistance contingent on Article 98 agreements remaining in force

Risks & tensions

  • Controversial U.S. policy of pressuring countries to exempt Americans from ICC jurisdiction
  • Waiver tied to politically sensitive Article 98 agreements that undermine international criminal justice framework
  • Limited transparency on agreement terms and verification
Presidential Determination: Waiving Prohibition on United States Military Assistance with Respect to Burkina Faso and Dominica · Executive Orders