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Friday, November 24, 2017

Presidential Determinations so far in the current administration

In some cases, there needs to be a determination made by the President.  These determinations, when affecting public issues, are published in the Federal Register.  In this post, we will review the determinations which have been made since the new administration has taken over.  The determinations are numbered by year which is followed by a sequential number.
  • 2017-06: Again this was published over a month after it had been signed and issued.  It is entitled "Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the Nation Defense Authorization Act for Fiscal Year 2012."  So the critical phrase in this determination seems to be "the United States is not pursuing efforts to reduce Iran's sales of crude oil at this time."  This is referring to all sales, not just sales to the US (either directly or through an intermediary).  The referenced section of PL 112-81 directs the executive branch to impose sanctions unless the President determines it would be better not to.  This determination documents that it would be better not to.
  • 2017-07:  Although this determination was issued prior to -08 and -09, it was published only afterwards in the Federal Register.  This one is entitled "Suspension of Limitations Under the Jerusalem Embassy Act."  This determination suspends for a period of 6 months (until the end of November) the limitations in sections 3(b) and 7(b) of the Act which means that full funding of the State Department building budget is restored even though the US Embassy has not been moved to Jerusalem.
  • 2017-08:  Determination Pursuant to Section 4533(a)(5) of the Defense Production Act of 1950.  This has to do with government support to industries which are involved in space equipment and satellites.  The action was undertaken in accordance with the authority in 50 USC 4533.
  • 2017-09: Determination Pursuant to Section 4533(a)(5) of the Defense Production Act of 1950.  This is very similar to -08 but affects different kinds of items: adenovirus vaccine production, aramid fibers, composite shipping containers, and special microelectronics.
  • 2017-10: Entitled "Continuation of US Drug Interdiction Assistance to the Government of Columbia".  This is related to section 1012 of 22 USC 2291-4 which has to do with immunity for agents who are combatting drug trafficking.  As a part of the determination, a report has to be submitted.  The latest one I found on the GPO website is here and discusses aerial interdiction in Columbia and Brazil.
  • 2017-11: Entitled "Continuation of the Exercise of Certain Authorities under the Trading with the Enemy Act".  This determination continues financial sanctions against Cuba as detailed in 31 CFR 515.  This is an annual recurrence.
  • 2017-12: Entitled "Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2018."  It goes to list Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela.  This simply identifies bad actors insofar as PL 107-228 is concerned.
  • 2017-13: Entitled "Presidential Determination on Refugee Admissions for Fiscal Year 2018".  This document defines some policy that is left to the discretion of the Executive Branch per 8 USC 1157.  The key part here is that for Fiscal Year 2018, 45,000 refugees is the limit.  At the end it mentions that certain countries and regions especially recognized for refugees: Cuba, Eurasia and the Baltics, Iraq, Honduras, Guatemala, and El Salvador.  I note that this does not include anywhere in Africa where there is a very high amount of suffering going on currently.
  • 2017-14: Entitled "Presidential Determination with Respect to the Child Soldiers Prevention Act of 2008".  The determination waives the application of prohibitions against certain countries (Mali, Nigeria, DRC, Somalia and South Sudan) as is required in 22 USC 2370.
  • 2017-15: Entitled "Presidential Determination with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons."  The finding in this Determination are related to the Trafficking Victims Protection Act of 2000 (22 USC 7107) which calls for the President, as advised by the State Department and other relevant agencies, to name the countries which should have sanctions imposed on them because of actions in the area of trafficking of persons.  The countries named herein are DRC, Equatorial Guinea, Iran, South Sudan, Sudan, Eritrea, DPRK, Russia, Syria, Belarus, Belize, Burundi, C.A.E., China, Comoros, Congo, Guinea, Guinea-Bisseau, Mali, Mauritania, Turkmenistan, Uzbekistan and Venezuela.
These determinations are required by law and relatively few of them have any significant amount of politics attached to them.  Nonetheless, the times being what they are, the were discussions about the American embassy in Israel, the level of refugees for the coming year and questions as to whether Russia deserved more serious sanctions that what is being applied.  These are issues about which I personally don't have any strong opinions.  Nonetheless, some people will care deeply about the choices that have been made.

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