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

President Trump waived prohibitions under the Child Soldiers Prevention Act of 2008 to allow U.S. military assistance to continue to Iraq, Mali, Niger, Nigeria, Somalia, South Sudan, and Yemen despite their use of child soldiers. The waivers permit specific types of aid including International Military Education and Training, Peacekeeping Operations assistance, and support under 10 U.S.C. 333 for certain countries. The determination requires submission to Congress with a Memorandum of Justification and publication in the Federal Register.

Federal Register Open PDF 83 FR 53363

Impact dates

Oct 22, 2018
Federal Register publication filed
Sep 28, 2018
Determination effective; waivers take effect

Key directives

Waive CSPA section 404(a) prohibition for Iraq, Mali, Niger, Nigeria
Waive CSPA prohibition for Somalia allowing IMET, PKO, and 10 U.S.C. 333 support
Waive CSPA prohibition for South Sudan allowing PKO assistance
Waive CSPA prohibition for Yemen allowing PKO assistance
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 date September 28, 2018
Military assistance prohibitions lifted for specified aid types

Near term (90d)

Federal Register publication completed (filed October 22, 2018)
Congressional submission with Memorandum of Justification

Long term

Continued U.S. military engagement with countries using child soldiers
Potential recurrence of annual waiver determination cycle

Risks & tensions

Undermines CSPA's deterrent intent by routine waivers
Balances human rights concerns against counterterrorism and security partnerships
Somalia and Yemen waivers occur amid active conflict zones
Document does not specify duration of waivers—typically annual but not stated here