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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. military assistance to Afghanistan, Cameroon, Iraq, Libya, Nigeria, Democratic Republic of the Congo, Somalia, South Sudan, and Yemen, allowing continued provision of International Military Education and Training (IMET), Peacekeeping Operations (PKO), and other security assistance. The President certifies these governments are taking effective steps to address child soldier issues despite the waivers.

Federal Register Open PDF 85 FR 69117

Impact dates

  1. Publish determination in Federal Register

  2. Submit determination to Congress with Memorandum of Justification

Key directives

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

Who is ordered

Timeline

Immediate

  • Waivers take effect upon determination
  • Secretary of State directed to submit to Congress and publish in Federal Register

Near term (90d)

  • Congressional notification and Federal Register publication

Long term

  • Continued U.S. security assistance to listed countries contingent on annual CSPA determinations
  • Ongoing monitoring of child soldier remediation efforts

Risks & tensions

  • Tension between human rights goals (ending child soldier use) and security cooperation priorities
  • Certification of 'effective and continuing steps' may be difficult to verify objectively
  • Annual waiver pattern risks normalizing exceptions rather than incentivizing reform
  • Document does not specify duration of waivers, implying standard one-year applicability
Presidential Determination: Presidential Determination and Certification With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders