DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination on Energy Assistance for the Democratic People's Republic of Korea

In simple terms

President George W. Bush authorized transferring $25 million from FY07 Eastern Europe/Baltic States assistance funds to provide energy assistance to North Korea, waiving legal restrictions under section 614(a)(1) of the Foreign Assistance Act. The determination directs the Secretary of State to notify Congress and publish the document in the Federal Register.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 72 FR 56873

  3. Energy assistance to be furnished (timing unspecified beyond authorization)

Key directives

  • Transfer $25 million from FY07 Eastern Europe/Baltic States assistance to chapter 4 of part II of the Foreign Assistance Act
  • Furnish up to $25 million in energy assistance to North Korea
  • Waive provisions of law under section 614(a)(1) of the Foreign Assistance Act
  • Transmit determination to Congress
  • Arrange for Federal Register publication

Who is ordered

What to expect

Immediate

  • $25 million transfer and consolidation of funds authorized
  • Waiver of legal restrictions under section 614(a)(1) invoked

Near term (90d)

  • Energy assistance to be furnished to North Korea
  • Congressional notification and Federal Register publication

Long term

—

Risks & tensions

  • Redirects assistance from Eastern Europe/Baltic States to North Korea during ongoing nuclear negotiations (Six-Party Talks context)
  • Section 614(a)(1) waiver overrides normal congressional restrictions, raising separation-of-powers concerns
  • Energy assistance to North Korea historically contentious due to proliferation risks
Presidential Determination: Presidential Determination on Energy Assistance for the Democratic People's Republic of Korea · Executive Orders