ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving Prohibition on U.S. Military Assistance with respect to Cambodia

President Bush waived a statutory prohibition on U.S. military assistance to Cambodia based on a determination that Cambodia had entered into an Article 98 agreement with the U.S. to shield American personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as that agreement stays in force.

Federal Register Open PDF 70 FR 46395

Impact dates

  1. Congressional notification and Federal Register publication

Key directives

  • Determine Cambodia has entered into Article 98 agreement with U.S.
  • Waive section 2007(a) prohibition on military assistance to Cambodia
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver of prohibition on U.S. military assistance to Cambodia takes effect
  • Determination that Article 98 agreement exists

Near term (90d)

  • Congressional notification and Federal Register publication

Long term

  • Continued U.S. military assistance to Cambodia contingent on Article 98 agreement remaining in force

Risks & tensions

  • Conditional duration creates uncertainty: waiver automatically expires if Article 98 agreement lapses
  • Controversial U.S. policy of pressuring countries to sign Article 98 agreements to undermine ICC jurisdiction
  • Limited transparency on verification of Cambodian agreement status
Presidential Determination: Waiving Prohibition on U.S. Military Assistance with respect to Cambodia · Executive Orders