[Weekly Compilation of Presidential Documents Volume 40, Number 37 (Monday, September 13, 2004)]
[Page 1917]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Presidential Determination and Certification Concerning Libya Under 
Section 101 and 102(b) of the Arms Export Control Act and Determination 
on Export-Import Bank Support for U.S. Exports to Libya

September 10, 2004

 Presidential Determination No. 2004-44

Memorandum for the Secretary of State

Subject: Presidential Determination and Certification Concerning Libya 
Under Section 101 and 102(b) of the Arms Export Control Act and 
Determination on Export-Import Bank Support for U.S. Exports to Libya

    Pursuant to section 101 of the Arms Export Control Act, I hereby 
determine that Libya received nuclear enrichment equipment, material, or 
technology after August 4, 1977. I hereby determine and certify that the 
continued termination of assistance, as required by this section, would 
have a serious adverse effect on vital United States interests and that 
I have received reliable assurances that Libya will not acquire or 
develop nuclear weapons or assist other nations in doing so.
    Pursuant to section 102(b) of the Arms Export Control Act, I hereby 
determine that Libya, a non-nuclear weapon state, sought and received 
design information that I determine to be important to, and intended by 
Libya for use in, the development or manufacture of a nuclear explosive 
device. I hereby determine and certify that the application of 
sanctions, as required by this section, would have a serious adverse 
effect on vital United States interests.
    Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, 
as amended, I hereby determine and certify that it is in the national 
interest for the Export-Import Bank to guarantee, insure, or extend 
credit, or participate in the extension of credit in support of United 
States exports to Libya.
    You are directed to report this determination to the Congress and to 
provide copies of the justification explaining the basis for this 
determination. You are further directed to publish this determination in 
the Federal Register.
                                                George W. Bush