DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiving Prohibition on United States Military Assistance With Respect to Various Parties to the Rome Statute Establishing the International Criminal Court

President George W. Bush waived a statutory prohibition on U.S. military assistance to 21 countries that are parties to the Rome Statute establishing the International Criminal Court, allowing them to receive International Military Education and Training (IMET) funding. The waiver was issued under section 2007 of the American Servicemembers' Protection Act of 2002.

Impact dates

  1. Federal Register filing

Key directives

  • Waive section 2007(a) prohibition for 21 countries
  • Authorize IMET program assistance
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination
  • IMET assistance authorized for 21 countries

Near term (90d)

  • Federal Register publication (filed November 7, 2006)
  • Congressional notification

Long term

Risks & tensions

  • Reflects ongoing U.S. tension with ICC jurisdiction over U.S. personnel
  • Selective waiver suggests strategic prioritization of military relationships over ASPA sanctions
  • Congress may scrutinize national interest determination
Presidential Determination: Waiving Prohibition on United States Military Assistance With Respect to Various Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders