ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination on Waiving Prohibition on United States Military Assistance With Respect to Comoros and Saint Kitts and Nevis

This determination waives a statutory prohibition on U.S. military assistance to Comoros and Saint Kitts and Nevis under the American Servicemembers' Protection Act, based on their entry into Article 98 agreements that shield U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as those agreements stay in force.

Federal Register Open PDF 71 FR 74451

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

  • Determine that Comoros and Saint Kitts and Nevis have entered into Article 98 agreements with the U.S.
  • Waive section 2007(a) prohibition on military assistance for both countries
  • Report determination to Congress
  • Arrange for Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing
  • Military assistance prohibition lifted for both countries

Near term (90d)

  • Congressional notification by Secretary of State
  • Federal Register publication

Long term

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

Risks & tensions

  • Conditionality creates uncertainty: waiver expires if Article 98 agreements lapse
  • Bilateral leverage over ICC jurisdiction vs. consistent application of human rights norms
  • Vague on timeline for congressional notification and Federal Register publication
Presidential Determination: Presidential Determination on Waiving Prohibition on United States Military Assistance With Respect to Comoros and Saint Kitts and Nevis · Executive Orders