ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Waiving the Prohibition on the Use of Economic Support Funds with Respect to Various Parties to the Rome Statute Establishing the International Criminal Court

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In simple terms

President George W. Bush waived a congressional prohibition on providing Economic Support Funds to 17 countries that are parties to the Rome Statute establishing the International Criminal Court. The waiver was issued under section 671(b) of a 2008 appropriations act, citing U.S. national interests.

Federal Register Open PDF 74 FR 5099

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 74 FR 5099

    Federal Register PDF

  3. Determination effective; waiver takes effect

Key directives

  • Waive prohibition on Economic Support Funds for 17 ICC Rome Statute parties
  • Report determination to Congress
  • Arrange publication in Federal Register

Who is ordered

What to expect

Immediate

  • Waiver takes effect upon determination
  • Secretary of State directed to report to Congress and arrange Federal Register publication

Near term (90d)

—

Long term

—

Risks & tensions

  • Reflects ongoing U.S. tension with ICC jurisdiction; waiver suggests pragmatic override of anti-ICC stance
  • Late-term Bush action (January 16, 2009) with Obama inauguration January 20, 2009—limited time for implementation
Presidential Determination: Waiving the Prohibition on the Use of Economic Support Funds with Respect to Various Parties to the Rome Statute Establishing the International Criminal Court · Executive Orders