ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination Relating to Assistance for Saudi Arabia

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In simple terms

President Bush waived a statutory restriction on U.S. assistance to Saudi Arabia by certifying that Saudi Arabia was cooperating with counterterrorism efforts. The Secretary of State was directed to report this certification to Congress and publish it in the Federal Register.

Federal Register Open PDF 70 FR 60397

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 70 FR 60397

    Federal Register PDF

  3. Report certification to Congress and publish in Federal Register

Key directives

  • Certify that Saudi Arabia is cooperating with counterterrorism efforts
  • Waive application of section 575 of FY 2005 FOAA and substantially similar provisions
  • Report certification to Congress
  • Publish certification in the Federal Register

Who is ordered

What to expect

Immediate

  • Waiver of section 575 restriction takes effect upon certification
  • Federal Register publication required

Near term (90d)

—

Long term

—

Risks & tensions

  • Congressional oversight tension: bypasses legislative restriction on aid to Saudi Arabia
  • Certification based on executive judgment of counterterrorism cooperation, which was contested at the time regarding Saudi Arabia's role
  • Waiver covers 'substantially the same' and future provisions, creating broad preemptive effect
Presidential Determination: Presidential Determination Relating to Assistance for Saudi Arabia · Executive Orders