ExecutiveOrdersEO
DetDeterminationObama · D

Presidential Determination

Suspension of Limitations Under the Jerusalem Embassy Act

President Obama suspended for six months the limitations in the Jerusalem Embassy Act of 1995 that would have required the U.S. embassy in Israel to be moved to Jerusalem and restricted State Department spending on diplomatic facilities in Jerusalem. This determination, citing national security interests, continues a long-standing practice by presidents of both parties to delay the embassy relocation mandated by Congress.

Federal Register Open PDF 78 FR 75203

Impact dates

  1. Six-month suspension period expires

Key directives

  • Suspend limitations in sections 3(b) and 7(b) of Jerusalem Embassy Act for 6 months
  • Transmit determination to Congress with report under section 7(a)
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Suspension takes effect upon transmission to Congress
  • Secretary of State directed to transmit determination and report to Congress
  • Secretary of State directed to publish in Federal Register

Near term (90d)

  • Six-month suspension period runs from December 2013 to June 2014

Long term

  • Continues precedent of serial suspensions of Jerusalem Embassy Act; embassy remains in Tel Aviv

Risks & tensions

  • Balances congressional mandate against executive national security judgment; recurring tension between legislative and executive branches on Jerusalem status
  • Maintains status quo that avoids inflaming Israeli-Palestinian tensions but perpetuates non-compliance with statute
  • Serial suspensions by multiple administrations create norm of executive override
Presidential Determination: Suspension of Limitations Under the Jerusalem Embassy Act · Executive Orders