DetDeterminationG.W. Bush · R

Presidential Determination

Limited Waiver of Certain Sanctions Imposed by, and Delegation of Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008

President George W. Bush waived certain JADE Act sanctions against Burmese persons not already on Treasury's Specially Designated Nationals list, and delegated waiver authority to the Secretary of the Treasury to allow more flexible targeting of the Burmese military regime. The determination also authorized the Secretary of State to make required congressional submissions.

Key directives

  • Waive section 5(b) JADE Act sanctions for persons not on Treasury SDN list
  • Delegate section 5(i) waiver authority to Secretary of the Treasury
  • Direct Treasury Secretary to continue aggressive targeting of Burmese regime with State and Intelligence Community consultation
  • Delegate authority to implement section 5(b) purposes to Treasury Secretary
  • Authorize State Secretary to make congressional submissions under section 5(d)
  • Direct Treasury Secretary to report to Congress and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver of section 5(b) sanctions takes effect for non-SDN persons
  • Delegation of authority to Treasury Secretary

Near term (90d)

  • Treasury Secretary to continue aggressive targeting of Burmese regime
  • State Department to make congressional submissions under section 5(d)

Long term

  • Ongoing sanctions implementation against Burmese regime and supporters

Risks & tensions

  • Waiver creates tension with congressional intent of broad JADE Act sanctions
  • Delegation to Treasury with State consultation may create interagency friction over targeting priorities
  • Limited waiver intended to improve effectiveness but could be seen as weakening sanctions regime
Presidential Determination: Limited Waiver of Certain Sanctions Imposed by, and Delegation of Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 · Executive Orders