Because the President will disregard or work around these requirements when he considers there are compelling reasons to do so, the public is left with the impression that the President is disobeying the law. Certification requirements also impose heavy administrative burdens on the executive branch, and may harm U.S. relations with the states that are subjects of the certifications. Chinen suggests that, if certification requirements are to remain a part of U.S. foreign policy, their costs should be minimized. He proposes three ways to minimize the costs. First, Congress should reduce the number of certification requirements it enacts, and it should set either very broad or very narrow criteria for certification.
Narrow criteria make it easier to verify whether the certification is justified.
Broad criteria openly give the President great discretion in the decision to certify, making the process more transparent. Also, very narrow criteria are desirable because they may be a necessary condition for greater judicial review, which in turn makes it easier to enforce the certifications, thus enhancing the rule of law.