ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Suspension of Limitations Under the Jerusalem Embassy Act

President Obama suspended for six months the statutory limitations in the Jerusalem Embassy Act of 1995 that would have required the U.S. Embassy in Israel to be moved to Jerusalem and restricted official U.S. business in Jerusalem. This determination, citing national security interests, continues a long-standing executive practice of successive administrations delaying the embassy relocation mandated by Congress.

Federal Register Open PDF 76 FR 1333

Impact dates

  1. Six-month suspension period expires

  2. Transmission of determination and report to Congress (trigger for suspension taking effect)

Key directives

  • Suspend limitations in sections 3(b) and 7(b) of Jerusalem Embassy Act for 6 months
  • Transmit determination to Congress accompanied by report under section 7(a)
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Suspension takes effect upon transmission to Congress
  • Secretary of State authorized and directed to transmit determination and report to Congress
  • Secretary of State directed to publish determination in Federal Register

Near term (90d)

  • Six-month suspension period runs through approximately May 29, 2011
  • Congressional report due with transmission

Long term

  • Continues precedent of executive delays of Jerusalem Embassy Act mandates
  • Potential future presidential determinations required to maintain suspension beyond six months

Risks & tensions

  • Recurring tension between congressional mandate and executive national security prerogatives
  • Potential criticism from pro-Israel groups and Congress members supporting embassy relocation
  • Vague 'national security interests' justification follows standard formula but lacks specific threat assessment in text
Presidential Determination: Suspension of Limitations Under the Jerusalem Embassy Act · Executive Orders