ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination on Waiving Prohibition on United States Military Assistance With Respect to Montenegro

President Bush waived a prohibition on U.S. military assistance to Montenegro under the American Servicemembers' Protection Act, determining that Montenegro had entered into an Article 98 agreement shielding U.S. personnel from International Criminal Court jurisdiction. The waiver remains in effect as long as the agreement stays in force.

Federal Register Open PDF 72 FR 52749

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

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

Who is ordered

Timeline

Immediate

  • Waiver of section 2007(a) prohibition takes effect
  • Military assistance to Montenegro becomes permissible

Near term (90d)

  • Federal Register publication arranged
  • Congressional notification completed

Long term

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

Risks & tensions

  • Tension with ICC and international law norms; Article 98 agreements controversial among allies
  • Potential congressional scrutiny of waiver authority use
  • Conditionality creates uncertainty if Montenegro-U.S. agreement lapses
Presidential Determination: Presidential Determination on Waiving Prohibition on United States Military Assistance With Respect to Montenegro · Executive Orders