ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiving Prohibition on United States Military Assistance with Respect to Burundi, Guyana, and Liberia

President Bush waived a prohibition on U.S. military assistance to Burundi, Guyana, and Liberia after determining each had signed 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 74931

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

  • Determine that Burundi, Guyana, and Liberia have entered into Article 98 agreements with the U.S.
  • Waive section 2007(a) prohibition on military assistance for these countries
  • Report determination to Congress
  • Arrange for Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver of military assistance prohibition takes effect for three countries

Near term (90d)

  • Congressional notification and Federal Register publication

Long term

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

Risks & tensions

  • Contingent duration creates uncertainty if Article 98 agreements lapse or are challenged
  • Reflects U.S.-ICC institutional tension; Bush administration policy of opposing ICC jurisdiction over U.S. personnel
  • Limited transparency on what 'military assistance' encompasses
Presidential Determination: Waiving Prohibition on United States Military Assistance with Respect to Burundi, Guyana, and Liberia · Executive Orders