ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Implementation of Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228)

This determination imposes and simultaneously waives a statutory sanction downgrading the status of the PLO office in the United States for 180 days, contingent on a congressional report about Palestinian noncompliance with certain commitments. The Secretary of State is directed to transmit the required report and this determination to Congress and publish it in the Federal Register.

Federal Register Open PDF 73 FR 10123

Impact dates

  1. Sanction and waiver expire (180 days from signing) or until next section 603 report transmitted, whichever is later

Key directives

  • Impose sanction under section 604(a)(2): downgrade in status of PLO Office in the United States
  • Waive same sanction pursuant to section 604(c) as in national security interest
  • Authorize and direct Secretary of State to transmit section 603 report to appropriate congressional committees
  • Authorize and direct Secretary of State to transmit this determination to Congress
  • Authorize and direct Secretary of State to publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Sanction imposed and waived simultaneously effective February 11, 2008
  • Secretary of State authorized to transmit determination to Congress and publish in Federal Register

Near term (90d)

  • Secretary of State to transmit section 603 report to congressional committees
  • 180-day waiver/sanction period runs through approximately August 9, 2008

Long term

  • Potential reassessment upon transmission of next section 603 report to Congress
  • Continued U.S.-Palestinian diplomatic relations framework subject to statutory reporting cycle

Risks & tensions

  • Circular structure: sanction imposed then immediately waived may create legal ambiguity or signaling confusion
  • Contingency on 'next report' timing creates uncertain endpoint—vague when report is due
  • Potential tension between statutory mandate to sanction and executive waiver authority on national security grounds
  • Document does not specify which congressional committees are 'appropriate'
Presidential Determination: Implementation of Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) · Executive Orders