ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Determination to Waive Military Coup-Related Provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, with Respect to Pakistan

President Bush waived a provision of the 2004 foreign aid appropriations law that would have barred direct U.S. assistance to Pakistan's government following the 1999 military coup. The waiver was justified as promoting Pakistan's return to democracy and supporting counterterrorism cooperation.

Federal Register Open PDF 69 FR 21675

Impact dates

  1. Transmit determination to Congress and arrange Federal Register publication

Key directives

  • Waive section 508 prohibition on direct assistance to Pakistan
  • Transmit determination to Congress
  • Arrange publication in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination; direct assistance to Pakistan resumes/is authorized

Near term (90d)

  • Transmission to Congress and Federal Register publication to be arranged

Long term

  • Continued U.S.-Pakistan security cooperation in counterterrorism; conditional democracy promotion in Pakistan

Risks & tensions

  • Balances democracy promotion norms against security imperatives post-9/11; rewards military government despite coup prohibition
  • Congressional notification required but no advance consultation mentioned
  • Potential tension between rule-of-law conditionality in foreign aid and counterterrorism expediency
Presidential Determination: Determination to Waive Military Coup-Related Provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, with Respect to Pakistan · Executive Orders