ExecutiveOrdersEO
DetDeterminationObama · D Quiet signal

Presidential Determination

Determination With Respect to the Child Soldiers Prevention Act of 2008

President Obama waived sanctions under the Child Soldiers Prevention Act of 2008 that would have prohibited military assistance to Libya, South Sudan, and Yemen, and partially waived them for the Democratic Republic of the Congo to allow continued military education, training, nonlethal defense articles, and commercial arms sales licenses. The determination was made on national interest grounds and directed to Congress with justification.

Federal Register Open PDF 77 FR 61509

Impact dates

  1. Submit determination and Memorandum of Justification to Congress

  2. Publish determination in Federal Register

Key directives

  • Waive section 404(a) CSPA prohibitions for Libya, South Sudan, Yemen
  • Partially waive section 404(a) CSPA for DRC to allow IMET, nonlethal EDA, and direct commercial sales licenses
  • Submit determination and Memorandum of Justification to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination; military assistance prohibitions lifted for Libya, South Sudan, Yemen; partial waiver for DRC

Near term (90d)

  • Submission to Congress with Memorandum of Justification
  • Federal Register publication

Long term

  • Continued U.S. military engagement with governments identified as using child soldiers

Risks & tensions

  • Balances human rights concerns against security cooperation interests with fragile states
  • Partial waiver for DRC preserves some leverage while allowing specific assistance types
  • Controversial to waive sanctions for governments using child soldiers; may draw congressional scrutiny
Presidential Determination: Determination With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders