ExecutiveOrdersEO
DetDeterminationClinton · D

Presidential Determination

Presidential Certification to Waive Prohibition on Assistance to the Federal Republic of Yugoslavia (Serbia and Montenegro)

President Clinton certified to Congress that waiving statutory prohibitions on assistance to the Federal Republic of Yugoslavia (Serbia and Montenegro) was necessary to achieve a negotiated settlement of the Bosnia conflict, specifically to facilitate destruction of military equipment. The determination waived application of section 1511(b) of Public Law 103-160 and section 540(a) of the 1997 Foreign Operations Appropriations Act for this limited purpose.

Federal Register Open PDF 62 FR 32015

Key directives

  • Waive application of section 1511(b) of Public Law 103-160 with respect to assistance for destruction of military equipment
  • Waive application of section 540(a) of Public Law 104-208 with respect to assistance for destruction of military equipment
  • Transmit copy of determination to Congress
  • Arrange for publication in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon certification to Congress
  • Secretary of State directed to transmit to Congress and publish in Federal Register

Near term (90d)

—

Long term

—

Risks & tensions

  • Narrowly tailored waiver limits assistance to military equipment destruction only, reducing scope for broader policy leverage
  • Certification depends on subjective judgment that waiver is 'necessary' for settlement—vague standard with limited enforcement mechanism
  • Post-Dayton implementation context (Bosnia conflict) suggests this supports specific arms control/confidence-building measures
Presidential Determination: Presidential Certification to Waive Prohibition on Assistance to the Federal Republic of Yugoslavia (Serbia and Montenegro) · Executive Orders