Transfers of Defense Articles or Services and Brokering Activities for Libya Relating to Disposition of Libyan-owned C-130H Aircraft

This presidential determination waives Arms Export Control Act prohibitions to allow U.S. defense articles, services, and brokering activities to assist Libya in disposing of its C-130H aircraft, including refurbishment. It assigns the Secretary of State responsibility for congressional consultation and reporting 15 days prior to specific exports or transfers.

Federal Register Open PDF 70 FR 60401

Impact dates

Date TBD
15-day prior congressional consultation and reporting before specific exports or transfers proceed

Key directives

Waive AECA sections 40 and 40A prohibitions for Libya C-130H disposition transaction
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 · State Department

Timeline

Immediate

Waiver of AECA sections 40 and 40A prohibitions takes effect
Secretary of State assigned consultation and reporting functions

Near term (90d)

15-day pre-transfer congressional consultation and reporting requirement for specific exports

Long term

Potential precedent for AECA waivers for state sponsors of terrorism (Libya was designated until 2006)

Risks & tensions

Document does not specify signing date for relative deadline calculation; 15-day requirement applies to each proposed export/transfer
AECA waiver for Libya occurred during sensitive diplomatic normalization period (Libya remained SST until 2006)
Functions assigned to Secretary of State but implementation involves multiple agencies (Defense, Commerce)