[Weekly Compilation of Presidential Documents Volume 39, Number 39 (Monday, September 29, 2003)]
[Pages 1263-1264]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum Waiving Prohibition on United States Military Assistance to 
Parties to the Rome Statute Establishing the International Criminal 
Court

September 24, 2003

 Presidential Determination No. 2003-40

Memorandum for the Secretary of State

Subject: Waiving Prohibition on United States Military Assistance to 
Parties to the Rome Statute Establishing the International Criminal 
Court

    Consistent with the authority vested in me by section 2007 of the 
American Servicemembers' Protection Act of 2002, title II of Public Law 
107-206 (22 U.S.C. 7421 et seq.), I hereby determine that:
    (1) Afghanistan, Democratic Republic of the Congo, Georgia, and 
Honduras have each entered into an agreement with the United States 
pursuant to Article 98 of the Rome Statute preventing the International 
Criminal Court from proceeding against U.S. personnel present in such 
countries, and waive the prohibition of section 2007(a) of the American 
Servicemembers' Protection Act with respect to these countries for as 
long as such agreement remains in force; and
    (2) it is important to the national interest of the United States to 
waive, for a period of 6 months from the date of this determination, the 
prohibition of section 2007(a) with respect to Guinea, and waive that 
prohibition with respect to this country for that period.
    You are authorized and directed to report this determination to the 
Congress, and to arrange for its publication in the Federal Register.
                                                George W. Bush

Note: This memorandum was released by the Office of the Press Secretary 
on September 25. An original was not available for verification of the 
content of this memorandum.

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