Determination With Respect to the Child Soldiers Prevention Act of 2008

President Obama waived the Child Soldiers Prevention Act's prohibition on military assistance for the Democratic Republic of the Congo, Nigeria, and Somalia entirely, and partially waived it for South Sudan to allow specific types of military aid (International Military Education and Training, Peacekeeping Operations, and section 1208 support). The determination was issued as being in the national interest of the United States.

Federal Register Open PDF 80 FR 62431

Impact dates

Sep 29, 2015
Submit determination and Memorandum of Justification to Congress
Sep 29, 2015
Publish determination in Federal Register

Key directives

Waive CSPA section 404(a) prohibition for DRC, Nigeria, and Somalia
Partially waive CSPA section 404(a) for South Sudan for IMET, Peacekeeping Operations, and section 1208 support
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 upon determination
Military assistance restrictions lifted for DRC, Nigeria, Somalia
Partial restrictions lifted for South Sudan for specified programs

Near term (90d)

Congressional submission of determination and Memorandum of Justification
Federal Register publication

Long term

Continued military assistance to countries despite CSPA prohibitions
Potential ongoing human rights concerns regarding child soldier use

Risks & tensions

Human rights tension: waiving child soldier prohibitions may undermine CSPA's deterrent purpose
National interest justification is vague and not elaborated in text
Partial waiver for South Sudan creates selective enforcement precedent
Document does not specify duration of waivers or conditions for reinstatement