Certification and Determination With Respect to the Child Soldiers Prevention Act of 2008

President Obama certified Chad's compliance with the Child Soldiers Prevention Act of 2008 based on its action plan and steps to end child soldier use. He also exercised national interest waivers to allow continued U.S. military assistance to Yemen (full waiver) and the Democratic Republic of the Congo (partial waiver for training, non-lethal equipment, and commercial sales licenses).

Federal Register Open PDF 76 FR 65927

Impact dates

Date TBD
Federal Register publication
Date TBD
Submission to Congress with Memorandum of Justification

Key directives

Certify Chad's compliance with CSPA standards
Waive section 404(a) prohibition for Yemen on national interest grounds
Waive in part section 404(a) prohibition for DRC to allow IMET, non-lethal EDA, and commercial sales licenses
Submit determination and Memorandum of Justification to Congress
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waiver takes effect for Yemen and DRC military assistance
Certification of Chad compliance

Near term (90d)

Submission to Congress with Memorandum of Justification
Federal Register publication

Long term

Continued monitoring of Chad's child soldier compliance
Ongoing conditional military assistance to Yemen and DRC subject to waiver authority

Risks & tensions

Tension between human rights goals (ending child soldier use) and security cooperation interests (maintaining military relationships)
Partial waiver for DRC creates enforcement complexity in distinguishing permitted vs prohibited assistance
National interest determinations are inherently subjective and not subject to external review
Congressional notification requirement provides limited oversight given waiver already exercised