Presidential Determination and Certification Concerning Libya Under Section 101 and 102(b) of the Arms Export Control Act and Determination on Export- Import Bank Support for U.S. Exports to Libya

President Bush certified to Congress that continuing sanctions against Libya under the Arms Export Control Act would harm vital U.S. interests, despite confirming Libya had received nuclear enrichment equipment and weapons design information. The determination also cleared the Export-Import Bank to support U.S. exports to Libya, reflecting Libya's diplomatic rehabilitation following its 2003 agreement to abandon weapons of mass destruction programs.

Federal Register Open PDF 69 FR 56153

Timeline

Immediate

Determination effective upon signing September 10, 2004
Export-Import Bank authorized to support U.S. exports to Libya
Sanctions termination/certification takes effect

Near term (90d)

Federal Register publication completed September 17, 2004
Congressional reporting and justification delivery

Long term

U.S.-Libya economic normalization
Potential expansion of trade and export credit relationships

Risks & tensions

Certification relies on 'reliable assurances' from Libya on nuclear nonproliferation—verification risk remains

Waiver of sanctions despite confirmed WMD-related acquisitions creates potential credibility concern for future nonproliferation enforcement

Congress may scrutinize 'serious adverse effect on vital U.S. interests' finding as overly broad