ExecutiveOrdersEO
DetDeterminationObama · D Quiet signal

Presidential Determination

Provision of Defense Articles and Services to Vetted Members of the Syrian Opposition for Use in Syria To Prevent the Use or Proliferation of Chemical Weapons and Related Materials, Organizations Implementing U.S. Department of State or U.S. Agency for International Development (USAID) Programs Inside or Related to Syria, and International Organizations for Their Use Inside or Related to Syria

President Obama waived Arms Export Control Act prohibitions to allow providing defense articles and services to vetted Syrian opposition members, State Department/USAID implementing organizations, and international organizations, specifically to prevent chemical weapons use or proliferation in Syria. The Secretary of State was delegated authority to consult with Congress 15 days prior to authorizing exports under this waiver.

Federal Register Open PDF 78 FR 58859

Impact dates

  1. Congressional consultation and report submission before authorizing exports to proceed

Key directives

  • Waive AECA sections 40 and 40A prohibitions for specified defense articles/services transactions
  • Delegate to Secretary of State responsibility for congressional consultation under AECA section 40(g)(2)
  • Require 15-day advance congressional notification before authorizing exports under this waiver
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver of AECA sections 40 and 40A prohibitions takes effect
  • Delegation to Secretary of State for congressional consultation

Near term (90d)

  • Potential defense article exports following 15-day congressional consultation period

Long term

  • Ongoing support for Syrian opposition chemical weapons prevention efforts
  • Sustained international organization operational support in Syria

Risks & tensions

  • Arms diversion risk to non-vetted actors in volatile Syrian conflict zone
  • Chemical weapons justification creates precedent for future arms export waivers
  • Limited congressional oversight window (15 days) for sensitive weapons transfers
  • Vetting reliability uncertainties for Syrian opposition recipients
Presidential Determination: Provision of Defense Articles and Services to Vetted Members of the Syrian Opposition for Use in Syria To Prevent the Use or Proliferation of Chemical Weapons and Related Materials, Organizations Implementing U.S. Department of State or U.S. Agency for International Development (USAID) Programs Inside or Related to Syria, and International Organizations for Their Use Inside or Related to Syria · Executive Orders