Transfer of Defense Articles and Services in Support of the Southern Sudan Security Sector Reform (SSR) Program

President Bush determined that transferring U.S. defense articles and services to support Southern Sudan's security sector reform program is essential to U.S. national security interests, waiving Arms Export Control Act prohibitions on such transfers to the Government of Southern Sudan. The Secretary of State is assigned presidential functions to consult with Congress and submit reports 15 days before permitting specific transfers to proceed.

Federal Register Open PDF 72 FR 26281

Impact dates

May 10, 2007
Congressional consultation and report required before specific transfers permitted to proceed

Key directives

Waive AECA section 40 prohibitions on defense transfers to Government of Southern Sudan
Assign Secretary of State presidential functions under AECA section 40(g)(2) for congressional consultation and reporting
Require 15-day advance congressional notification for specific proposed transfers
Report determination to Congress
Arrange Federal Register publication

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waiver of AECA section 40 prohibitions takes effect upon determination
Secretary of State assigned presidential reporting/consultation functions

Near term (90d)

Specific transfers require 15-day advance congressional notification before proceeding

Long term

Security sector reform program implementation in Southern Sudan
Transformation of SPLA from guerrilla to conventional force

Risks & tensions

Waiver bypasses normal arms export restrictions to a non-state entity (Southern Sudan government) in a fragile pre-independence period
Potential tension between security sector reform goals and risks of arms proliferation in conflict-affected region
Document shows signing date discrepancy: April 25, 2007 determination references 'August 28, 2006' White House date—possible backdating or drafting error