SIFIED MEMORANDUM OF JUSTIFICATION FOR WAIVER UNDER SECTION renounce) on THE. DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2015 (my. it, 12.1.. 114-113) The Secretary of State has determined it is important to the national security interest of the United States to provide 15 percent of assistance made available for Egypt under the heading ?Foreign Military Financing" in the State Department, Foreign Operations, and Related Programs Appropriations Act, 2016 (Div. K, P.L. 114-113) (SFOAA). As the most populous Arab state and guarantor of Suez Canal security (through which approximately 3 percent of global maritime trade transits), Egypt is critical to the United States? goal of fostering regional security. Egypt provides the United States military with over?ight approvals, including in support of defeat?ISIS operations. The U.S.-brokered 1979 Egypt-Israel Peace Treaty continues to be the foundation of U.S.-Egypt bilateral relations. The Egyptian government is eager to improve bilateral relatiOns and to strengthen cooperation in - counterterrcrism and security. The U.S. has welcomed Egypt's participation in the Defeat-ISIS . Coalition and its efforts to ecunter message of violent extremism. Egypt is engaged in its most active counterterrorism operations in decades in northeast Sinai, where Cairo faces a growing insurgency ii'om the self?declared Sinai Province of ISIS. The U.S. goal is for Egypt to become a stable and prosperous country that supports regional peace and e??orts to combat terrorism. To these ends, among other bilateral topics of discussion, the U.S. consistently encourages Egypt to expand domestic political participation and freedoms. As required by section 704l(a)(3)(B) of the SFOAA, this report sets forth the reasons why the requirements of section 7041 cannot be met. The overall human rights climate in Egypt continues to deteriorate, with the government enacting legislation that conflicts with its human rights obligations, including the right of peace?rl assembly, freedom of association, freedom of expression, and due process guarantees. Parliament adopted highly restrictive legislation governing NGCIs in November 2016 and President al-Sisi signed this legislation into law in May 2017. Freedom of expression, including for the press, is highly restricted and these restrictions have been extended to expression on the intemet. - There is a continuing problem with arbitrary arrests, detentions, and disappearances. There are reports of extrajudicial killings. There are numerous allegations of torture and deaths in detention. While some law enforcement and security forces have been held accountable for alleged human rights violations and abuses, accountability for such crimes remains uneven and insuf?cient. This report assesses Egypt?s progress With regard to the ?ve criteria laid out in 7041(a)(3)(A). Advance democracy and human rights in Egypt, including to govern democratically and protect religious minorities and the rights of women, which are in addition to steps taken during the previous calendar year for Such purposes; CLA .2. There are continuing concerns about restrictions on the right ofpeace?al assembly, freedoms of association and expression, and their negative impact on the political climate, including the climate surrounding Egyptian elections. Opposition groups allege that Egyptian authorities are now seeking preemptively to intimidate presumed challengers to President al-Sisi in the scheduled 2018 presidential elections. Since early May, authorities have arrested over 30 members of smaller opposition parties. Local elections remain unscheduled. The government has taken some steps to protect and advance the rights of women, especially by increasing the penalties for practitioners of female genital mutilation; however, religious and cultural barriers continue to limit women?s political participation. Violence against women, sexual harassment, and female genital mutilation remain serious problems. The government has taken some steps to protect and advance the rights of Egypt's Christian minority population. In the context of strong opposition, the government passed a law in September 2016 facilitating the construction and renovation of Christian churches, which contains provisions to facilitate of?cial recognition of Egypt?s many unregistered churches. In January of this year, the government ?nished rebuilding the 78 churches and other Christian?owned properties burned in mob violence in 2013 following the ouster of former President Morsi. President al?Sisi has ?equently publically em hasized the equality Christians, attended the past three Orthodox Coptic Christian ristmas eve masses, and spoke out in support of Coptic Christians after devastating attacks on churches by ISIS. In December 2015, President al-Sisi publicly stated that everyone should have the ?'eedom to choose his or her religion and to follow it without fear. In contrast to previous practice, there have been some convictions for anti-Christian violence, though the use of extra-judicial ?reconciliation sessions" has regularly provided impunity to perpetrators. President al-Sisi pardoned a Muslim TV host shortly before he completed serving a one-year conviction under Egypt's blasphemy law on charges he denigrated Islam by critiquing the audit}: and other Islamic texts. (ii) Implement reforms that protect freedoms of expression, association, and peaceful assembly, including the ability of civil society organizations and the media to function without interference; There are increased restrictions on ?oodoms of expression and association, and the right of peaceful assembly, including the ability of civil society organizations and the media to function without interference. The government has investigated and prosecuted peaceful critics for allegedly inciting violence, and insulting religion, thejudiciary, the military, and other public institutions or ?gures. The government has expanded efforts to block or censure internet content. Since May, Egyptian authorities have blocked more than 100 online outlets, including news and aggregator sites and a range of other sites. There are reports of journalists being denied entry to Egypt or denied media credentials. UNCLA .3. Authorities continue to implement a 2013 law governing public demonstrations that includes an expansive list of activities that are prohibited, including any public meeting of more than ten individuals to discuss an issue of a public nature, without ?rst notifying the Ministry of Interior. In April, Parliament amended the law so the Ministry must seek approval item a court in order to ban, postpone, or transfer the location of the protest. Domestic and international human rights organizations have asserted the law is not in keeping with international law regarding freedom of assembly. Human rights organizations estimate that thousands of individuals have been charged and convicted under the law. The government preemptively restricts peaceful public assembly by arresting activists in advance of actual protests. There are continuing asset freezes, travel restrictions, and arrests targeting civil society members, including as part of reopened investigations of local NGOs that received foreign funding under a case originally brought in 2011. President al?Sisi signed new legislation governing NGOs on May 24, 2017. The law places NGOs under an onerous regulatory regime. The law requires prior government approval for all projects; creates a government committee, which includes the security services, to regulate foreign NGO ?mding; and contains a provision requiring a fee to be imposed on governments who provide grants to NGOs. The law includes criminal penalties, including prison sentences, for non-compliance and non-registration. Successful registration requires an af?rmative act of the state to be considered compliant. State-controlled and affiliated media continues to disseminate conspiratorial accusations to vilify NGOs receiving foreign assistance, including from the U.S. government. Forthcoming implementing regulations will clarify the law?s impact on foreign NGOs. Release political prisoners and provide detainees with due process of law; There were reports of large numbers of political prisoners and detainees, although verifiable estimates are not available. The government claimed there are no political prisoners and all persons in detention had been, or were in the process of being, charged with a crime unrelated to political freedoms. Human rights groups and international observers assert the government detained or imprisoned as many as several thousand persons solely or chie?y because of their political beliefs or opposition to the government. Peaceful activists have beenjailed on national security grounds for expressing anything that could be interpreted as criticism of government policy. Egypt remains de?cient in meeting due process guaranteas and other fair trial safeguards. There is excessive use of detention without bail and prolonged preventative detention during trials for nonviolent offenses. Some individuals have been held for multiple years in detention pending the resolution of their court cases. Military courts are sometimes used to try civilians, and there are mass trials involving hundreds of defendants with no'evidence presented on an individual basis. Arrests often occur without warrants orjudicial orders. Conditions in prisons and detention centers are harsh due to overcrowding, physical abuse, inadequate medical care, and poor manner; .4- ventilation. Egyptian courts have continued to issue mass death sentences in proceedings that failed to meet Egypt?s international human rights obligations. (iv) Hold Egyptian security forces accountable, including of?cers credibly alleged to have violated human rights; Impunity of police and security forces remains a serious problem There were numerous reports that the government or its agents committed arbitrary or unlaw?il killings while making arrests or holding individuals' 1n custody. There were reports that the government or its agents committed arbitrary or unlawful killings during disputes with civilians There were allegations of individuals tortured to death and of killings in prisons and detention centers. In April, a Turkish based television network released footage of Egyptian soldiers appearing to execute prisoners in the Sinai. Egyptian authorities have asserted the footage 1s fabricated and have taken no stops to investigate the incident in a few instances, junior or low-level of?cers were held accountable for abuses. In June, a court reinstated the conviction of a police o?ioer upon retrial for manslaughter for the shooting death of activist Shaimaa el?Sabbagh in 2015. Provide regular access for United States officials to monitor such assistance in areas where the assistance is used: The government continues to limit access to the con?ict area in northern Sinai, where U.S. assistance is used, apart ?'om of?cial travel to Multinational Force and Observers facilities. The Egyptian military has provided limited access to us. of?cials to tour development projects in the Sinai near the Suez Canal. UNLAI