ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination on Waiving Prohibition on United States Military Assistance With Respect to Chad

President Bush waived a statutory prohibition on U.S. military assistance to Chad, determining that Chad had entered into an Article 98 agreement with the U.S. to protect American personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as the agreement stays in force.

Federal Register Open PDF 72 FR 9227

Impact dates

  1. Federal Register publication filed

Key directives

  • Determine Chad has entered into Article 98 agreement with the United States
  • Waive section 2007(a) prohibition with respect to Chad for duration of agreement
  • Report determination to Congress
  • Arrange for publication in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver of military assistance prohibition takes effect
  • Military assistance to Chad may resume

Near term (90d)

—

Long term

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

Risks & tensions

  • Contingent duration creates uncertainty if Chad withdraws from Article 98 agreement
  • American Servicemembers' Protection Act waivers politically sensitive regarding ICC jurisdiction
  • Document does not specify end date or review mechanism for waiver
Presidential Determination: Presidential Determination on Waiving Prohibition on United States Military Assistance With Respect to Chad · Executive Orders