Determination and Waiver Pursuant to Section 1209 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 Regarding the Provision of Assistance to Appropriately Vetted Elements of the Syrian Opposition

President Obama waived statutory restrictions under the Arms Export Control Act and Title 10 to allow the Department of Defense, coordinating with State, to provide training, equipment, supplies, stipends, and facility construction to vetted Syrian opposition groups. This determination authorized the Syria Train and Equip program established by Section 1209 of the FY2015 NDAA.

Federal Register Open PDF 80 FR 10321

Impact dates

Feb 20, 2015
Report determination and Memorandum of Justification to Congress and publish in Federal Register

Key directives

Waive sections 40 and 40A of Arms Export Control Act, section 2249a of Title 10, and Chapter 137 of Title 10 to extent necessary
DOD to coordinate with State Department
Provide assistance including training, equipment, supplies, stipends, construction of training facilities, and sustainment to vetted Syrian opposition
Report determination and Memorandum of Justification to Congress
Publish determination in Federal Register

Who is ordered

Secretary of Defense · Department of Defense

Timeline

Immediate

Waiver takes effect upon signing
DOD authorized to begin assistance to vetted Syrian opposition

Near term (90d)

Congressional notification and Federal Register publication required

Long term

Ongoing program implementation and sustainment of assistance

Risks & tensions

Vetting reliability of Syrian opposition groups historically problematic
Arms diversion risk to extremist entities
Constitutional tension: presidential waiver of statutory arms export controls
Coordination requirement between DOD and State may create bureaucratic friction