ExecutiveOrdersEO
DetDeterminationTrump 45 · R Quiet signal

Presidential Determination

Presidential Determination With Respect to the Child Soldiers Prevention Act of 2008

President Trump waived Child Soldiers Prevention Act prohibitions for four countries—Mali, Nigeria, Democratic Republic of the Congo, Somalia, and South Sudan—allowing continued U.S. military assistance including peacekeeping operations, international military education and training, and support under 10 U.S.C. 333 despite their use of child soldiers. The determination authorizes military aid to these countries that would otherwise be barred by law. The Secretary of State is directed to submit the determination and justification to Congress and publish it in the Federal Register.

Federal Register Open PDF 82 FR 49085

Impact dates

  1. Submit determination and Memorandum of Justification to Congress, publish in Federal Register

  2. Waiver takes effect

Key directives

  • Waive CSPA section 404(a) prohibition for Mali and Nigeria
  • Waive CSPA section 404(a) for DRC to allow Peacekeeping Operations assistance
  • Waive CSPA section 404(a) for Somalia to allow IMET, PKO, and 10 U.S.C. 333 support
  • Waive CSPA section 404(a) for South Sudan to allow PKO assistance
  • Submit determination and Memorandum of Justification to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon signing (2017-09-30)
  • Secretary of State authorized to submit to Congress and publish in Federal Register

Near term (90d)

—

Long term

  • Continued U.S. military assistance flows to listed countries
  • Potential ongoing tension between human rights law and security cooperation priorities

Risks & tensions

  • Human rights vs. security cooperation tradeoff: waivers enable military support to countries using child soldiers
  • Cumulative effect of repeated annual waivers may undermine CSPA deterrent intent
  • Somalia receives broadest waiver (IMET, PKO, 333 support) suggesting counterterrorism priority
  • Document does not specify duration of waivers; likely fiscal year-limited but text is silent
Presidential Determination: Presidential Determination With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders