ExecutiveOrdersEO
DetDeterminationTrump 45 · R Quiet signal

Presidential Determination

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

This determination waives Child Soldiers Prevention Act prohibitions on U.S. security assistance to Afghanistan, Iraq, Democratic Republic of the Congo, Mali, Somalia, South Sudan, and Yemen, certifying these governments are taking effective steps to address child soldier use. It allows continued military training, peacekeeping support, and some direct commercial arms sales despite CSPA restrictions.

Federal Register Open PDF 84 FR 59519

Impact dates

  1. Submit determination to Congress with Memorandum of Justification

  2. Publish determination in Federal Register

Key directives

  • Waive CSPA section 404(a) prohibitions for Afghanistan and Iraq
  • Waive CSPA prohibitions for DRC to allow IMET and PKO assistance
  • Waive CSPA prohibitions for Mali to allow IMET, PKO, direct commercial sales licenses, and 10 U.S.C. 333 DOD support
  • Waive CSPA prohibitions for Somalia to allow IMET, PKO, and 10 U.S.C. 333 DOD support
  • Waive CSPA prohibitions for South Sudan to allow PKO assistance
  • Waive CSPA prohibitions for Yemen to allow PKO and 10 U.S.C. 333 DOD support
  • Certify listed governments are taking effective and continuing steps on child soldiers
  • Submit determination and Memorandum of Justification to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waivers take effect upon determination
  • Security assistance prohibitions lifted for FY2020

Near term (90d)

  • Submission to Congress with Memorandum of Justification
  • Federal Register publication

Long term

  • Continued security assistance to listed countries contingent on annual recertification
  • Ongoing U.S. leverage over child soldier reforms in partner nations

Risks & tensions

  • Tension between human rights conditionality and security cooperation priorities
  • Certification of 'effective steps' may be disputed given documented child soldier use in listed countries
  • Annual waiver pattern risks eroding CSPA deterrent effect
  • Congressional notification required but no advance consultation mentioned
Presidential Determination: Presidential Determination and Certification With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders