ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving Prohibition on United States Military Assistance With Respect to Lesotho

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

Federal Register Open PDF 71 FR 45361

Impact dates

  1. Congressional notification and Federal Register publication

Key directives

  • Determine Lesotho has Article 98 agreement with U.S.
  • Waive section 2007(a) prohibition with respect to Lesotho
  • Report determination to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver of military assistance prohibition takes effect
  • Military assistance to Lesotho resumes

Near term (90d)

  • Congressional notification by Secretary of State
  • Federal Register publication arranged

Long term

  • Continued military assistance contingent on Article 98 agreement remaining in force

Risks & tensions

  • Contingent duration creates uncertainty if Lesotho withdraws from Article 98 agreement
  • Reflects Bush administration's broader opposition to ICC jurisdiction over U.S. personnel
Presidential Determination: Waiving Prohibition on United States Military Assistance With Respect to Lesotho · Executive Orders