ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Drawdown Pursuant to Section 552(c)(2) of the Foreign Assistance Act of 1961, as Amended, of up to $25 Million in Commodities and Services from any Agency of the United States Government for Libyan Groups, such as the Transitional National Council, to Support Efforts to Protect Civilians and Civilian-Populated Areas Under Threat of Attack in Libya

President Obama authorized an emergency drawdown of up to $25 million in nonlethal commodities and services from U.S. government agencies to support Libyan groups including the Transitional National Council, citing an unforeseen emergency to protect civilians under threat of attack in Libya. The determination was made under Section 552(c)(2) of the Foreign Assistance Act of 1961.

Federal Register Open PDF 76 FR 27845

Impact dates

  1. Immediate provision of assistance due to unforeseen emergency

Key directives

  • Drawdown of up to $25 million in nonlethal commodities and services from any U.S. government agency
  • Support for Libyan groups such as the Transitional National Council
  • Purpose: protect civilians and civilian-populated areas under threat of attack in Libya
  • Secretary of State to report determination to Congress
  • Secretary of State to arrange Federal Register publication
  • Secretary of State to coordinate implementation of drawdown

Who is ordered

Timeline

Immediate

  • Drawdown authorization takes effect upon determination
  • Secretary of State to report to Congress and arrange Federal Register publication

Near term (90d)

  • Coordination and implementation of commodity and service drawdown
  • Delivery of nonlethal assistance to Libyan partners

Long term

  • Potential precedent for emergency drawdown authority in future conflicts
  • Impact on U.S.-Libya relations and regional stability

Risks & tensions

  • Vague recipient scope: 'such as' language leaves open which Libyan groups may receive assistance beyond the Transitional National Council
  • Nonlethal constraint specified but commodities/services categories not defined
  • Emergency determination bypasses normal congressional appropriations process
  • Potential for mission creep given open-ended 'any agency' sourcing and undefined duration
Presidential Determination: Drawdown Pursuant to Section 552(c)(2) of the Foreign Assistance Act of 1961, as Amended, of up to $25 Million in Commodities and Services from any Agency of the United States Government for Libyan Groups, such as the Transitional National Council, to Support Efforts to Protect Civilians and Civilian-Populated Areas Under Threat of Attack in Libya · Executive Orders