ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Waiving the Prohibition on the Use of Economic Support Funds With Respect to Various Parties to the Rome Statute Establishing the International Criminal Court

President Bush waived a statutory prohibition on Economic Support Funds for 14 countries that are parties to the Rome Statute establishing the International Criminal Court, citing U.S. national interests. The waiver allows these countries to receive U.S. economic assistance despite their ICC membership.

Federal Register Open PDF 73 FR 36403

Impact dates

  1. Report determination to Congress and arrange Federal Register publication

Key directives

  • Waive section 574(a) prohibition on Economic Support Funds for 14 named countries
  • Report determination to Congress
  • Arrange publication in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination; prohibition on Economic Support Funds lifted for 14 countries

Near term (90d)

  • Secretary of State to report determination to Congress and arrange Federal Register publication

Long term

—

Risks & tensions

  • Reflects ongoing U.S. tension with ICC jurisdiction; waiver mechanism preserves leverage while avoiding blanket sanctions
  • Congressional notification requirement suggests legislative oversight tension
  • No stated expiration; waiver appears open-ended unless statute or subsequent action modifies
Presidential Determination: Waiving the Prohibition on the Use of Economic Support Funds With Respect to Various Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders