For Immediate Release
Office of the Press Secretary
September 10, 2004
Memorandum for the Secretary of State
Presidential Determination No. 2004-44
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
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