ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

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

President Biden issued a determination waiving Child Soldiers Prevention Act prohibitions for six countries (Cameroon, Libya, Somalia, Democratic Republic of the Congo, Yemen, Central African Republic) to allow U.S. military assistance including training, peacekeeping support, and arms sales. A limited waiver was also granted for Russia solely for International Space Station-related commercial licenses.

Federal Register Open PDF 89 FR 83773

Impact dates

  1. Submission to Congress and Federal Register publication

Key directives

  • Waive CSPA section 404(a) prohibitions for Cameroon, Libya, Somalia, DRC, Yemen, and CAR for specified assistance types
  • Waive CSPA prohibitions for DCS licenses related to other USG assistance for above countries
  • Waive CSPA for Russia solely for ISS-related DCS licenses
  • Certify that listed governments are taking effective and continuing steps to address child soldiers
  • Submit determination and certification to Congress with Memorandum of Justification
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waivers take effect upon determination; IMET, PKO, DCS licenses, and 10 U.S.C. 331/333 support authorized for specified countries

Near term (90d)

  • Congressional submission of determination, certification, and Memorandum of Justification

Long term

  • Continued U.S. security assistance to waived countries contingent on certification of 'effective and continuing steps' to address child soldiers

Risks & tensions

  • Tension between human rights goals (CSPA's anti-child-soldier purpose) and security cooperation priorities
  • Certification of 'effective and continuing steps' is subjective and not independently verifiable in text
  • Russia waiver limited to ISS creates narrow exception amid broader sanctions context
  • Annual/recurring nature of CSPA waivers suggests this continues prior practice rather than marking new policy direction
Presidential Determination: Presidential Determination and Certification With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders