No. 2017-05
MEMORANDUM FOR THE SECRETARY OF STATE
THE SECRETARY OF DEFENSE
SUBJECT: Presidential Determination and Waiver Pursuant to Section 2249a of Title 10, United States Code, and Sections 40 and 40A of the Arms Export Control Act to Support U.S. Special Operations to Combat Terrorism in Syria
By the authority vested in me as President by the Constitution and the laws of the United States, including section 2249a of title 10, United States Code, sections 40 and 40A of the Arms Export Control Act (AECA) (22 U.S.C. 2780 and 2781), and section 301 of title 3, United States Code, I hereby:
determine
that the transaction, encompassing the provision of defense articles
and services to foreign forces, irregular forces, groups, or individuals
engaged in supporting or facilitating ongoing U.S. military operations
to counter terrorism in Syria, is essential to the national security
interests of the United States;
waive the prohibitions in sections 40 and 40A of the AECA related to such a transaction;
delegate
to the Secretary of State the responsibility under section 40(g)(2) of
the AECA to consult with and submit reports to the Congress for proposed
exports, 15 days prior to authorizing them to proceed, that are
necessary for and within the scope of this waiver determination and the
transaction referred to herein;
waive
the prohibitions in section 2249a of title 10, United States Code, to
the extent necessary to allow the Department of Defense to carry out
such support; and
delegate
to the Secretary of Defense the responsibility under section
2249a(b)(2) of title 10, United States Code, to notify the appropriate
congressional committees at least 15 days before this waiver takes
effect.The Secretary of Defense is authorized and directed to publish this determination in the Federal Register.
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