ExecutiveOrdersEO
DetDeterminationBiden · D

Presidential Determination

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

President Biden waived a prohibition under the Child Soldiers Prevention Act that would have blocked U.S. security assistance to Turkey, certifying that Turkey is taking effective steps to address child soldier issues. 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 89 FR 57057

Impact dates

  1. Submit determination and certification to Congress with Memorandum of Justification

  2. Publish determination and certification in the Federal Register

Key directives

  • Waive application of CSPA section 404(a) prohibition with respect to Turkey
  • Certify Turkey is taking effective and continuing steps to address child soldiers
  • Submit determination and certification to Congress with Memorandum of Justification
  • Publish determination and certification in the Federal Register

Who is ordered

Timeline

Immediate

  • Waiver of CSPA section 404(a) prohibition takes effect
  • Security assistance to Turkey may continue

Near term (90d)

  • Congressional notification and Federal Register publication

Long term

  • Continued U.S.-Turkey security cooperation subject to annual CSPA review

Risks & tensions

  • Human rights advocates may dispute certification that Turkey is taking 'effective and continuing steps'
  • CSPA waivers are recurring tension point between security interests and child protection norms
  • Congressional scrutiny possible given Turkey's complex human rights record
Presidential Determination: Presidential Determination and Certification With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders