Determination With Respect to the Child Soldiers Prevention Act of 2008

This determination waives prohibitions under the Child Soldiers Prevention Act of 2008 to allow continued U.S. military assistance to Chad, South Sudan, Yemen, the Democratic Republic of the Congo, and Somalia. The waivers permit various forms of military aid including training, nonlethal defense articles, and peacekeeping support despite these countries' documented use of child soldiers.

Federal Register Open PDF 78 FR 63367

Impact dates

Oct 22, 2013
Federal Register filing

Key directives

Waive section 404(a) prohibition for Chad, South Sudan, and Yemen
Waive in part section 404(a) prohibition for DRC (IMET, nonlethal Excess Defense Articles, direct commercial sales licenses for nonlethal articles)
Waive in part section 404(a) prohibition for Somalia (direct commercial sales licenses for nonlethal articles, IMET, Peacekeeping Operations logistical support and troop stipends)
Submit determination to Congress with Memorandum of Justification
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waivers take effect upon determination
Military assistance to five countries authorized to continue

Near term (90d)

Federal Register publication (filed 10-22-13)
Congressional submission with Memorandum of Justification

Long term

Continued military partnerships with countries using child soldiers
Potential undermining of CSPA enforcement precedent

Risks & tensions

Tension between human rights enforcement and security partnerships
Partial waivers create complex compliance tracking for DRC and Somalia
National interest determination may weaken CSPA deterrent effect
Document does not specify duration of waivers or review conditions