ExecutiveOrdersEO
DetDeterminationClinton · D Quiet signal

Presidential Determination

U.S. Contribution to the Korea Peninsula Energy Development Organization (KEDO): Certification and Waiver Under the Heading "Nonproliferation, Anti- Terrorism, Demining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, as Enacted in Public Law 106-429

President Clinton certified North Korean compliance with the Agreed Framework on five of eight statutory conditions, then waived the remaining three certification requirements to release up to $55 million in U.S. funds for the Korea Peninsula Energy Development Organization (KEDO), the international consortium building light-water reactors in North Korea under the 1994 nuclear deal.

Federal Register Open PDF 66 FR 2193

Impact dates

  1. Certification and waiver effective; Secretary directed to report to Congress and arrange Federal Register publication

Key directives

  • Certify five conditions under section 572(b) regarding North Korean nuclear and missile compliance
  • Waive certification requirements for paragraphs (4), (5), and (7) of section 572(b)
  • Release up to $55 million for KEDO under Nonproliferation, Anti-terrorism, Demining and Related Programs heading
  • Report certification, waiver, and Memorandum of Justification to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Certification and waiver take effect upon signing
  • $55 million in funds become available for KEDO assistance
  • Secretary of State directed to report to Congress and publish in Federal Register

Near term (90d)

  • Congressional notification and Federal Register publication
  • KEDO disbursement of U.S. contribution for reactor project

Long term

  • Continued implementation of Agreed Framework and Joint Declaration on Denuclearization
  • Ongoing North-South dialogue
  • Progress on North Korean ballistic missile threat reduction

Risks & tensions

  • Waiving 3 of 8 statutory certifications weakens congressional oversight mechanism for North Korea policy
  • Document contains typographical errors ('missle' twice) suggesting rushed preparation
  • Condition (8) claims 'significant progress' on ballistic missile threat despite known North Korean missile program advances—assessment may be politically optimistic
  • KEDO funding became contentious as North Korean compliance concerns grew in subsequent years
  • Vague 'demonstrable steps' standard in conditions (1) and (2) allows flexible interpretation of compliance
Presidential Determination: U.S. Contribution to the Korea Peninsula Energy Development Organization (KEDO): Certification and Waiver Under the Heading "Nonproliferation, Anti- Terrorism, Demining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, as Enacted in Public Law 106-429 · Executive Orders