ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiver of Nuclear-Related Sanctions on India and Pakistan

President Bush waived nuclear-related sanctions against India and Pakistan that had been imposed after their 1998 nuclear tests, certifying to Congress that continuing these sanctions would not be in U.S. national security interests. The waiver covered multiple statutory sanctions under the Arms Export Control Act, Export-Import Bank Act, and Foreign Assistance Act.

Federal Register Open PDF 66 FR 50095

Impact dates

  1. Waiver takes effect; determination and certification made

Key directives

  • Waive sanctions under sections 101 and 102 of Arms Export Control Act
  • Waive sanctions under section 2(b)(4) of Export-Import Bank Act of 1945
  • Waive sanctions under section 620E(e) of Foreign Assistance Act of 1961
  • Transmit determination and certification to appropriate congressional committees
  • Arrange for Federal Register publication

Who is ordered

Timeline

Immediate

  • Sanctions waived to the extent not already waived
  • Determination and certification transmitted to Congress
  • Publication arranged in Federal Register

Near term (90d)

—

Long term

  • Restored eligibility for U.S. arms exports, Export-Import Bank financing, and foreign assistance to India and Pakistan

Risks & tensions

  • Timing shortly after 9/11 attacks (9/11/2001) suggests urgency related to securing regional cooperation for Afghanistan operations
  • Non-proliferation advocates likely opposed rewarding nuclear-armed states that tested weapons outside NPT framework
  • Waiver authority contested: uses defense appropriations rider to circumvent original sanctions intent
Presidential Determination: Waiver of Nuclear-Related Sanctions on India and Pakistan · Executive Orders