DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination with Respect to Foreign

This presidential determination applies sanctions under the Trafficking Victims Protection Act of 2000, withholding certain U.S. government funding for FY2005 to Equatorial Guinea and Venezuela (Tier 3 countries) and to Burma, Cuba, Sudan, and North Korea (special cases). It also approves waivers allowing specific assistance to Equatorial Guinea (police professionalization, rule of law), Sudan (North/South peace accord and Darfur crisis), and Venezuela (democratic process strengthening) as being in the national interest.

Impact dates

  1. Federal Register publication

  2. Secretary of State report to Congress on compliance determinations

  3. FY2005 funding restrictions take effect

Key directives

  • Withhold certain FY2005 funding for Equatorial Guinea and Venezuela until compliance with anti-trafficking standards
  • Withhold certain FY2005 funding for Burma, Cuba, Sudan, and North Korea until compliance
  • Authorize waiver for Equatorial Guinea assistance for police professionalization, business responsibility, and rule of law programs
  • Authorize waiver for Sudan assistance for North/South peace accord and Darfur crisis programs
  • Authorize waiver for Venezuela assistance for democratic process strengthening programs
  • Submit determination to Congress
  • Publish in Federal Register

Who is ordered

Timeline

Immediate

  • Funding restrictions take effect for FY2005
  • Waiver determinations for Equatorial Guinea, Sudan, and Venezuela programs authorized

Near term (90d)

  • Secretary of State to report to Congress on compliance efforts
  • Federal Register publication required

Long term

  • Continued sanctions until countries comply with minimum standards or make significant efforts

Risks & tensions

  • Waiver for Venezuela democracy programs amid tense U.S.-Venezuela relations may be seen as political
  • Sudan waiver links trafficking sanctions to Darfur crisis response, conflating distinct policy issues
  • Equatorial Guinea waiver for police programs despite Tier 3 status creates tension with Act's punitive intent
  • Document does not specify exact funding amounts withheld, creating implementation uncertainty
Presidential Determination: Presidential Determination with Respect to Foreign · Executive Orders