ExecutiveOrdersEO
DetDeterminationObama · D Quiet signal

Presidential Determination

Waiver of Restriction on Providing Funds to the Palestinian Authority

President Obama waived a statutory restriction (section 7040(a)) that would have blocked U.S. foreign assistance funds to the Palestinian Authority, certifying the waiver as important to national security interests. The Secretary of State is directed to transmit the determination to Congress with a required report and publish it in the Federal Register.

Federal Register Open PDF 78 FR 12587

Impact dates

  1. Transmit determination and report to Congress

  2. Publish determination in Federal Register

Key directives

  • Waive section 7040(a) restriction on funds to Palestinian Authority
  • Transmit determination to Congress with section 7040(d) report
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon certification
  • Funds become available to Palestinian Authority under Foreign Assistance Act

Near term (90d)

  • Secretary of State must transmit determination and section 7040(d) report to Congress
  • Federal Register publication

Long term

  • Continued U.S. foreign assistance to Palestinian Authority subject to future appropriations and waiver renewals

Risks & tensions

  • Congressional opposition likely given statutory restriction was enacted by Congress; tension between executive waiver authority and legislative intent
  • Vague on specific amount of funds or duration of waiver beyond continuing appropriations period
Presidential Determination: Waiver of Restriction on Providing Funds to the Palestinian Authority · Executive Orders