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MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority Pursuant to Section 404(c) of the Child Soldiers Prevention Act of 2008, as Amended

This memorandum delegates to the Secretary of State the President's authority under the Child Soldiers Prevention Act of 2008 to decide whether to waive sanctions prohibiting certain security assistance to Somalia for fiscal year 2013, based on a national interest determination. The delegation specifically applies to the waiver authority in section 404(c) regarding the prohibition in section 404(a).

Federal Register Open PDF 78 FR 72789

Impact dates

  1. End of fiscal year 2013 for which waiver authority applies

Key directives

  • Delegate to Secretary of State authority to determine waiver of section 404(a) prohibition for Somalia for FY2013
  • Determine whether such waiver is in the national interest of the United States
  • Publish memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of waiver authority to Secretary of State takes effect

Near term (90d)

  • Potential waiver determination for FY2013 (fiscal year ends September 30, 2013)

Long term

—

Risks & tensions

  • Tension between human rights sanctions and security cooperation needs in Somalia
  • Uncertainty whether this signals intent to waive or merely procedural delegation
Presidential Memorandum: Delegation of Authority Pursuant to Section 404(c) of the Child Soldiers Prevention Act of 2008, as Amended · Executive Orders