Determination to Waive Military Coup-Related Provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, with Respect to Pakistan

President Bush waived congressionally-imposed restrictions that prohibit U.S. direct assistance to governments installed by military coups, specifically to allow aid to continue flowing to Pakistan despite its 1999 military coup. The waiver was justified as promoting democratic transition and supporting counterterrorism cooperation with Pakistan.

Federal Register Open PDF 70 FR 10313

Timeline

Immediate

Waiver takes effect upon signing; direct assistance restrictions lifted for Pakistan
Secretary of State directed to transmit determination to Congress and publish in Federal Register

Near term (90d)

Federal Register publication completed (filed March 2, 2005)

Long term

Continued U.S. aid flows to Pakistan supporting counterterrorism operations and democratic transition efforts

Risks & tensions

Undermines congressional conditionality on foreign aid by overriding coup prohibition

Democratic transition justification may conflict with continued military rule in Pakistan (Musharraf remained in power)

Counterterrorism priority potentially overriding democracy promotion goals—tension in U.S. Pakistan policy