ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving Prohibition on United States Military Assistance with Respect to the Dominican Republic

President Bush waived a statutory prohibition on U.S. military assistance to the Dominican Republic after determining it had entered into an Article 98 agreement shielding U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as the agreement stays in force.

Federal Register Open PDF 70 FR 40181

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

  • Determine Dominican Republic has Article 98 agreement with U.S.
  • Waive section 2007(a) prohibition with respect to Dominican Republic
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination
  • Military assistance prohibition lifted

Near term (90d)

  • Congressional notification
  • Federal Register publication

Long term

  • Continued military assistance contingent on Article 98 agreement remaining in force

Risks & tensions

  • Advances U.S. policy of undermining ICC jurisdiction through bilateral agreements
  • Contingent duration creates uncertainty if Dominican Republic withdraws from Article 98 agreement
Presidential Determination: Waiving Prohibition on United States Military Assistance with Respect to the Dominican Republic · Executive Orders