ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Determination To Waive Military Coup-Related Provision of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008, With Respect to Pakistan

President George W. Bush waived Section 608 of the 2008 foreign aid appropriations act, which would have restricted U.S. assistance to Pakistan following the 2007 military coup and state of emergency. The waiver was justified as necessary to promote Pakistan's return to democratic rule and to support counterterrorism cooperation.

Federal Register Open PDF 73 FR 18147

Impact dates

  1. Transmit determination to Congress and publish in Federal Register

Key directives

  • Waive Section 608 of Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 with respect to Pakistan
  • Transmit determination to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing (March 24, 2008)
  • Secretary of State directed to transmit determination to Congress
  • Publication in Federal Register

Near term (90d)

  • Continued U.S. military and economic assistance flows to Pakistan unrestricted by coup-related sanctions

Long term

  • Sustained U.S.-Pakistan security cooperation framework
  • Precedent for executive waiver of coup-related foreign aid restrictions

Risks & tensions

  • Undermines congressional intent to condition aid on democratic governance
  • Tension between promoting democracy and prioritizing counterterrorism cooperation with military-led government
  • Sets precedent for bypassing coup-related sanctions that Congress enacted to discourage military takeovers
Presidential Determination: Determination To Waive Military Coup-Related Provision of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008, With Respect to Pakistan · Executive Orders