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 Other Presidential Documents UNCLASSIFIED JUSTIFICATION FOR PRESIDENTIAL DETERMINATION OF THE ELIGIBILITY OF SWAZILAND TO BE FURNISHED DEFENSE ARTICLES AND DEFENSE SERVICES UNDER THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, AND THE ARMS EXPORT CONTROL ACT, AS AMENDED Section 503 of the Foreign Assistance Act of 1961, as amended (FAA}, and section 3(a)(1) of the Arms Export Control Act, as amended (AECA), require, in order for the United States to furnish defense articles and defense services (either as military assistance or by sale or lease from the USG), that the President find that the furnishing of such defense articles and defense services to the country or international organization will "strengthen the security of the United States and promote world peace." The accompanying Presidential Determination would allow the U.S. Government to provide defense articles and defense services directly to Swaziland. This determination will enable the USG to deliver HIV/AIDS prevention and treatment assistance to the defense force in Swazfiand, where the HIV/AIDS prevalence rate is 42.6 percent, the highest in the world. The Umbutfo Swaziland Defense Force (USDF) has been implicated in a number of human rights abuses, and there are no plans to provide defense articles or services beyond HIV/AIDS prevention assistance at this time. Should conditions change in the country, we may consider the provision of defense articles and defense services, including training, to increase the USDF's professionalism and help reduce incidences of abuses, enhance its capacity to take part in African peacekeeping activities, strengthen its ability to control Swaziland's borders, detect terrorists, and deal with humanitarian emergencies. Any future provision of defense articles or defense services would be considered on a case-by-case basis, including with respect to relevant guidelines and criteria established in the existing Conventional Arms Transfer policy. Each request would also be reviewed to ensure that there are no legal prohibitions or policy prohibitions existing at the time with regard to the sale, lease or other transfer. UNCLASSIFIED 297

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