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 Other Presidential Documents Presidential Determination No. 2005-40 of September 28, 2005 Transfers of Defense Articles or Services and Brokering Activities for Libya Relating to Disposition of Libyan-owned C-130H Aircraft Memorandum for the Secreta\177 7' of State 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: \337 determine that the transaction, encompassing sales or licensing for export of defense articles or defense services and brokering activi- ties necessary to assist in the disposition, including any required re- furbishment, 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; \337 waive the prohibitions in sections 40 and 40A of the AECA related to such transaction; and \337 assign to you the functions under AECA section 40(g)(2) to consult with and submit reports to the Congress for proposed specific ex- ports 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 THE WHITE HOUSE, Washington, September 28, 2005. Presidential Determination No. 2005-41 of September 29, 2005 Transfer of Funds from FY 2004 and 2005 Foreign Assistance Act and Arms Export Control Act Accounts to the International Narcotics Control and Law Enforcement Account to Support the G-8 Women's Justice and Empowerment Initiative Memorandum for the Secreta\177z of State Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 6\1770 of the Foreign Assistance Act of as amended (the "Act"), I hereby determine it necessary for the purposes of that Act that $5 million in FY 2004 funds made available under the Sup- port for East European Democracy Act ($\177 million) and FY 2005 funds made available under chapter 9 of part II of the Act ($1.2 million) and under section 23 of the Arms Export Control Act ($2.8 million) be trans- ferred to, and consolidated with, funds made available under chapter 8 of 271

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