ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act

President Bush waived congressionally imposed restrictions on U.S. assistance to Russia under two Cold War-era nonproliferation programs for Fiscal Year 2005, certifying the waiver serves national security interests. The Secretary of State is directed to transmit the certification and classified report to Congress and publish the certification in the Federal Register.

Federal Register Open PDF 69 FR 74933

Impact dates

  1. Waiver applies throughout Fiscal Year 2005

Key directives

  • Waive restrictions under Cooperative Threat Reduction Act section 1203(d) for FY2005
  • Waive requirements under FREEDOM Support Act section 502 for FY2005
  • Transmit certification and associated report (including classified annex) to Congress
  • Arrange publication of certification in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect for FY2005 (began October 1, 2004)
  • Secretary of State to transmit certification and report to Congress
  • Publication in Federal Register

Near term (90d)

—

Long term

  • Potential continuation of cooperative threat reduction programs with Russia beyond FY2005 subject to future presidential determinations

Risks & tensions

  • Waiver overrides congressional nonproliferation conditions, reflecting executive-legislative tension over Russia policy
  • Classified annex suggests sensitive intelligence or diplomatic considerations not publicly disclosed
  • Timing in late 2004 may relate to post-9/11 counterterrorism cooperation priorities with Russia
Presidential Determination: Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act · Executive Orders