DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination on Waiver of Restrictions on

President Bush waived statutory restrictions on U.S. assistance to Russia under two Cold War-era nonproliferation programs, certifying the waiver serves national security interests. The Secretary of State is directed to transmit this certification to Congress and publish it in the Federal Register.

Impact dates

  1. Transmit certification to Congress and arrange Federal Register publication

Key directives

  • Certify that waiving restrictions on assistance to Russia is important to U.S. national security interests
  • Transmit certification to Congress
  • Arrange for publication in the Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon certification
  • Secretary of State to transmit to Congress and arrange Federal Register publication

Near term (90d)

Long term

  • Continued U.S.-Russia cooperative threat reduction activities
  • Ongoing FREEDOM Support Act assistance programs

Risks & tensions

  • Waiver bypasses congressionally-imposed restrictions on Russia assistance, raising separation-of-power tensions
  • Post-9/11 context (referenced statute is 2002 Supplemental Appropriations for terrorist attack response) suggests counterterrorism rationale for waiving Russia conditions
  • Document does not specify what restrictions are being waived or their original purpose, creating uncertainty about scope
Presidential Determination: Presidential Determination on Waiver of Restrictions on · Executive Orders