ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Waiver of Restriction on Providing Funds to the Palestinian Authority

President Obama waived a statutory restriction under section 7040(a) to allow U.S. foreign assistance funds to flow to the Palestinian Authority, certifying the waiver as important to national security interests. The Secretary of State was directed to transmit the determination to Congress with a required report and publish it in the Federal Register.

Federal Register Open PDF 75 FR 75849

Impact dates

  1. Transmit determination to Congress with section 7040(d) report

Key directives

  • Waive section 7040(a) restriction on providing funds to Palestinian Authority
  • Transmit determination to Congress with report under section 7040(d)
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing, unblocking funds to Palestinian Authority
  • Secretary of State directed to transmit to Congress and publish in Federal Register

Near term (90d)

  • Congressional report pursuant to section 7040(d) to be transmitted

Long term

  • Continued foreign assistance flows to Palestinian Authority subject to annual appropriations and potential future waiver requirements

Risks & tensions

  • Congressional opposition likely given statutory restriction was designed to limit Palestinian Authority funding
  • Ambiguity on precise deadline for congressional report—section 7040(d) timing not specified in text
  • Annual re-certification requirement implied by continuing appropriations structure
Presidential Determination: Waiver of Restriction on Providing Funds to the Palestinian Authority · Executive Orders