U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO): Determination Regarding Funds Under the Heading "Nonproliferation, Anti-terrorism, Demining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115)

President George W. Bush waived statutory certification requirements to allow up to $95 million in nonproliferation funds to be provided to the Korean Peninsula Energy Development Organization (KEDO), bypassing conditions that North Korea comply with the 1994 Agreed Framework and make progress on missile elimination. The determination directs the Secretary of State to report to Congress and publish the decision in the Federal Register.

Federal Register Open PDF 67 FR 18461

Impact dates

Apr 1, 2002
Report determination and Memorandum of Justification to Congress; arrange Federal Register publication

Key directives

Waive certification requirements in section 565(b) of Public Law 107-115
Furnish up to $95 million to KEDO from Nonproliferation, Anti-terrorism, Demining and Related Programs funds
Report determination and Memorandum of Justification to Congress
Arrange for Federal Register publication

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waiver takes effect; $95 million becomes available for KEDO
Secretary of State directed to report to Congress and arrange Federal Register publication

Near term (90d)

—

Long term

Continued U.S. financial support for KEDO light-water reactor project
Potential erosion of congressional oversight conditions on North Korea policy

Risks & tensions

Bypasses congressionally imposed conditions on North Korea compliance, potentially weakening oversight leverage
Made during escalating U.S.-North Korea tensions over alleged uranium enrichment program
KEDO project later collapsed; funds may have supported moribund diplomatic framework
Text does not specify when KEDO receives funds or disbursement schedule