Waiving Prohibition on United States Military Assistance with Respect to the Republic of the Congo

President Bush waived a statutory prohibition on U.S. military assistance to the Republic of the Congo after determining it had signed an Article 98 agreement shielding U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as the agreement stays in force.

Federal Register Open PDF 69 FR 50049

Key directives

Determine Republic of Congo has Article 98 agreement with U.S.
Waive section 2007(a) prohibition on military assistance
Report determination to Congress
Arrange Federal Register publication

Who is ordered

Secretary of State · State Department

Timeline

Immediate

Waiver of military assistance prohibition takes effect
Determination of Article 98 agreement entered into force

Near term (90d)

Congressional notification and Federal Register publication to be arranged

Long term

Military assistance relationship continues contingent on Article 98 agreement remaining in force

Risks & tensions

Conditionality creates uncertainty: waiver expires if Article 98 agreement lapses
Part of broader U.S. policy to undermine ICC jurisdiction through bilateral agreements
Limited transparency on terms or verification of Article 98 agreement