Det 13222DeterminationG.W. Bush · R Quiet signal

Presidential Determination 13222

Certification on Rescission of Libya's Designation as a State Sponsor of Terrorism

President Bush certified that Libya had not supported international terrorism in the preceding six months and had provided assurances against future support, thereby rescinding Libya's 1979 designation as a State Sponsor of Terrorism. The certification was directed to satisfy multiple statutory requirements and required reporting to Congress and Federal Register publication.

Impact dates

  1. Congressional notification and Federal Register publication

Key directives

  • Certify Libya has not supported international terrorism in preceding 6-month period
  • Certify Libya has provided assurances against future terrorism support
  • Rescind December 29, 1979 determination regarding Libya
  • Satisfy section 6(j)(4)(B) of Export Administration Act of 1979
  • Satisfy section 620A(c)(2) of Foreign Assistance Act of 1961
  • Satisfy section 40(f)(1)(B) of Arms Export Control Act
  • Report certification and attached justification memorandum to Congress
  • Arrange publication in Federal Register

Who is ordered

Timeline

Immediate

  • Certification takes effect upon signing, rescinding Libya's State Sponsor of Terrorism designation
  • Sanctions restrictions under Export Administration Act, Foreign Assistance Act, and Arms Export Control Act become inapplicable

Near term (90d)

  • Congressional notification and Federal Register publication to be arranged by Secretary of State

Long term

  • Restored diplomatic and trade relations with Libya
  • Potential U.S. arms exports and foreign assistance to Libya no longer statutorily prohibited

Risks & tensions

  • Six-month lookback period for terrorism support is narrow; certification relies on intelligence assessments not disclosed in text
  • Future-assurances clause (ii) is forward-looking and unenforceable by its terms
  • Rescission of 1979 designation reverses long-standing bipartisan policy
Presidential Determination 13222: Certification on Rescission of Libya's Designation as a State Sponsor of Terrorism · Executive Orders