DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Transfers of Defense Articles and Services in Support of Sudan Security Sector Transformation (SST) Program

This determination waives Arms Export Control Act prohibitions to allow U.S.-funded transfers of defense articles and services—including vehicles, communications equipment, training, and technical assistance—to support transforming the Sudan People's Liberation Army from a guerrilla force into a conventional military force. It assigns the Secretary of State responsibility for congressional consultation and reporting 15 days prior to specific exports.

Impact dates

  1. Congressional consultation and report submission 15 days prior to permitting specific exports/transfers to proceed

Key directives

  • Waive AECA section 40 prohibitions for specified defense transfers
  • Assign Secretary of State functions under AECA section 40(g)(2) for congressional consultation
  • Require 15-day advance congressional notification for specific exports/transfers
  • Direct Secretary of State to report determination to Congress
  • Direct Secretary of State to arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver of AECA section 40 prohibitions takes effect
  • Determination published in Federal Register

Near term (90d)

  • Secretary of State must arrange Federal Register publication
  • Congressional reporting on specific exports/transfers with 15-day advance notice for each

Long term

  • Sustained security sector transformation program in Southern Sudan
  • Potential long-term military reform and force restructuring

Risks & tensions

  • Arms transfers to non-state/guerrilla forces carry proliferation and human rights risks
  • Post-conflict Sudan context raises questions about end-use monitoring
  • 15-day congressional review provides limited oversight window for individual transfers
Presidential Determination: Transfers of Defense Articles and Services in Support of Sudan Security Sector Transformation (SST) Program · Executive Orders