Transfers of Defense Articles or Services for Libya for Chemical Weapons Destruction

President Bush waived Arms Export Control Act prohibitions to allow transfers of U.S. defense articles and services to Libya specifically for chemical weapons destruction, finding it essential to national security. The Secretary of State was assigned responsibility for congressional consultation and reporting 15 days before any specific exports proceed.

Federal Register Open PDF 70 FR 60399

Impact dates

Oct 13, 2005
Congressional consultation and report submission before specific exports or transfers permitted to proceed

Key directives

Waive AECA sections 40 and 40A prohibitions for Libya CW destruction-related defense transfers
Assign Secretary of State AECA section 40(g)(2) functions for congressional consultation and reporting
Report certification to Congress
Arrange Federal Register publication

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waiver of AECA sections 40 and 40A prohibitions takes effect
Secretary of State authorized to report certification to Congress

Near term (90d)

Federal Register publication arranged
Congressional consultations for specific exports as needed

Long term

Potential defense transfers to Libya for CW destruction proceed under waiver authority

Risks & tensions

Waiver of arms export prohibitions for Libya carries inherent nonproliferation credibility risks given Libya's past WMD programs
15-day congressional review window provides limited oversight buffer for sensitive transfers
Post-2003 Libya disarmament context makes this determination part of broader diplomatic normalization, but text does not reference prior Libya policy explicitly