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Presidential Determination

Waiver of Restriction on Providing Funds to the Palestinian Authority

President Obama waived a statutory restriction on providing U.S. foreign assistance funds to the Palestinian Authority, certifying that doing so serves U.S. 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.

Impact dates

  1. Congressional report pursuant to section 7040(d) of the Act

Key directives

  • Waive section 7040(a) restrictions on 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 certification
  • Secretary of State directed to transmit to Congress and publish in Federal Register

Near term (90d)

  • Congressional report pursuant to section 7040(d) of the Act

Long term

  • Continued U.S. foreign assistance to Palestinian Authority under waived restrictions

Risks & tensions

  • Congressional oversight tension: waiver bypasses legislative restriction on Palestinian Authority funding
  • Section 7040(d) report requirements suggest Congress sought transparency on national security justification
  • Political sensitivity of Palestinian Authority funding in U.S. foreign policy
Presidential Determination: Waiver of Restriction on Providing Funds to the Palestinian Authority · Executive Orders