ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving Prohibition on United States Military Assistance with Respect to Benin

President Bush waived a prohibition on U.S. military assistance to Benin under the American Servicemembers' Protection Act, based on a determination that Benin had entered into 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 70 FR 55015

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

  • Determine that Benin has entered into Article 98 agreement with U.S.
  • Waive section 2007(a) prohibition on military assistance to Benin
  • Report determination to Congress
  • Arrange for Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination
  • Military assistance prohibition lifted for Benin

Near term (90d)

  • Congressional notification and Federal Register publication to be arranged

Long term

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

Risks & tensions

  • Conditionality creates uncertainty: waiver expires if Article 98 agreement lapses
  • Contributes to broader U.S. policy tension with ICC and its supporters
  • Document does not specify deadline for congressional notification or Federal Register publication
Presidential Determination: Waiving Prohibition on United States Military Assistance with Respect to Benin · Executive Orders