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Week Ending July 15, 2005

Presidential Determination No. 2005-27 of July 4, 2005

Implementation of Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 

(Public Law 107-228)

Memorandum for the Secretary of State

The President is exercising his authority under a 2003 law in the State Department appropriations bill to impose a 

sanction on the Palestinian Liberation Organization due to his belief that it has violated one or more promises 

made in 1993 to Israel. The President did not say what the violation (s) were but there are four possibilities:

(A) Recognition of the right of the State of Israel to exist in peace and security.

(B) Acceptance of United Nations Security Council Resolutions 242 and 338.

(C) Resolution of all outstanding issues in the conflict between the two sides through negotiations and exclusively 

peaceful means.

(D) Renunciation of the use of terrorism and all other acts of violence and responsibility over all PLO elements 

and personnel in order to assure their compliance, prevent violations, and discipline violators.

The President, under the 2003 law (Public Law 107-228) and after reporting to Congress on his decision may

 impose one or more of the four sanction options available under the law. The options are:

1) DENIAL OF VISAS TO PLO AND PALESTINIAN AUTHORITY OFFICIALS- The Secretary shall 

direct consular officers not to issue a visa to any member of the PLO or any official of the Palestinian Authority.

(2) DOWNGRADE IN STATUS OF PLO OFFICE IN THE UNITED STATES- Notwithstanding any other 

provision of law, the President shall withdraw or terminate any waiver by the President of the requirements of section 1003 of the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian information office in the United States), and such section shall apply so as to prohibit the operation of a PLO or Palestinian Authority office in the United States from carrying out any function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accords.

(3) DESIGNATION AS A FOREIGN TERRORIST ORGANIZATION- The Secretary shall designate the 

PLO, or one or more of its constituent groups (including Fatah and Tanzim) or groups operating as arms of the 

Palestinian Authority (including Force 17), as a foreign terrorist organization, in accordance with section 219(a) of the Immigration and Nationality Act.

 (4) PROHIBITION ON UNITED STATES ASSISTANCE TO THE WEST BANK AND GAZA- United 

States assistance (except humanitarian assistance) may not be provided to programs or projects in the West 

Bank or Gaza.

The President chose option “3”. The decision reverses the President’s mid-April 2005 decision to waive 

provisions prohibiting the PLO from maintaining-not an embassy in the US-but an official address from which to 

do business.

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