ExecutiveOrdersEO
DetDeterminationClinton · D

Presidential Determination

U.S. Contribution to KEDO: Certification Under Section 582(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, as Contained in Public Law 105-277

President Clinton certified to Congress that conditions were met for continued U.S. funding to the Korean Peninsula Energy Development Organization (KEDO) under a 1999 appropriations act. The certification required findings that North Korea was complying with the 1994 Agreed Framework, cooperating on spent fuel storage, not diverting assistance, and that the U.S. was engaged in impeding North Korea's ballistic missile program.

Federal Register Open PDF 64 FR 13495

Impact dates

  1. Certification issued

  2. Report certification to Congress and arrange Federal Register publication

Key directives

  • Certify specified conditions to Congress under Section 582(b)
  • Report certification to Congress
  • Arrange publication in Federal Register

Who is ordered

Timeline

Immediate

  • Certification transmitted to Congress
  • Federal Register publication arranged

Near term (90d)

  • Continued U.S. financial contributions to KEDO proceed

Long term

  • Sustained implementation of Agreed Framework
  • Ongoing monitoring of North Korean compliance conditions

Risks & tensions

  • Certification based on diplomatic assessments of North Korean compliance that were disputed by some critics at the time
  • Conditions (1)(A)-(C) and (2)-(4) require subjective judgment of 'demonstrable steps' and 'full cooperation'
  • Document does not specify dollar amount of contribution being authorized
  • Potential tension between certification requirements and actual verification capabilities
Presidential Determination: U.S. Contribution to KEDO: Certification Under Section 582(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1999, as Contained in Public Law 105-277 · Executive Orders