[Weekly Compilation of Presidential Documents Volume 41, Number 39 (Monday, October 3, 2005)]
[Page 1470]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Transfers of Defense Articles or Services and Brokering 
Activities for Libya Relating to Disposition of Libyan-owned C-130H 
Aircraft

September 28, 2005

 Presidential Determination No. 2005-40

Memorandum for the Secretary of State

Subject: Transfers of Defense Articles or Services and Brokering 
Activities for Libya Relating to Disposition of Libyan-owned C-130H 
Aircraft

    Pursuant to the authority vested in me by the Constitution and laws 
of the United States, including sections 40(g) and 40A of the Arms 
Export Control Act (AECA), I hereby:
 <bullet>    determine that the transaction, encompassing sales or 
            licensing for export of defense articles or defense services 
            and brokering activities necessary to assist in the 
            disposition, including any required refurbishment, of 
            Libyan-owned C-130H aircraft, is essential to the national 
            security interests of the United States and important to the 
            national interests of the United States;
 <bullet>    waive the prohibitions in sections 40 and 40A of the AECA 
            related to such transaction; and
 <bullet>    assign to you the functions under AECA section 40(g)(2) to 
            consult with and submit reports to the Congress for proposed 
            specific exports or transfers, 15 days prior to permitting 
            them to proceed, that are necessary for and within the scope 
            of this waiver determination and the transaction referred to 
            herein.
    You are authorized and directed to report this certification to the 
Congress and to arrange for its publication in the Federal Register.
                                                George W. Bush