ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Presidential Determination Pursuant to Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997

President Obama certified to Congress that Burma (Myanmar) had made measurable and substantial progress in human rights and democratic governance, as required by a 1997 appropriations law. This determination allowed continued U.S. engagement and prevented mandatory restrictions tied to negative certification.

Federal Register Open PDF 81 FR 94211

Impact dates

  1. Federal Register publication

Key directives

  • Determine and certify Burma's progress to Congress per section 570(a)
  • Provide determination and Memorandum of Justification to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Certification transmitted to Congress
  • Federal Register publication authorized

Near term (90d)

—

Long term

  • Sustained U.S.-Burma diplomatic and economic engagement contingent on continued progress

Risks & tensions

  • Certification made during democratic transition; subsequent 2021 military coup reversed gains
  • Congressional skepticism about Burma progress possible despite certification
  • Determination is subjective assessment without defined metrics in text
Presidential Determination: Presidential Determination Pursuant to Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 · Executive Orders