Presidential Determination With Respect To Section 404(c) of the Child Soldiers Prevention Act of 2008

President Obama waived the Child Soldiers Prevention Act's prohibition on U.S. military assistance to Chad, the Democratic Republic of the Congo, Sudan, and Yemen, determining it was in the national interest to do so. The Secretary of State was directed to submit the determination and justification to Congress and publish it in the Federal Register.

Federal Register Open PDF 75 FR 75855

Impact dates

Oct 25, 2010
Submit determination and memorandum of justification to Congress
Oct 25, 2010
Publish determination in Federal Register

Key directives

Waive application of CSPA section 404(a) prohibition to Chad, DRC, Sudan, and Yemen
Submit determination to Congress with accompanying memorandum of justification
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waiver takes effect upon determination
Prohibition on military assistance lifted for four named countries

Near term (90d)

Secretary of State to submit determination and memorandum of justification to Congress
Publication in Federal Register

Long term

Continued U.S. military assistance to listed countries despite CSPA restrictions
Potential ongoing tension between human rights law and security partnerships

Risks & tensions

Tension between human rights objectives (preventing child soldier recruitment) and security/foreign policy interests
Waiver authority allows circumvention of statutory prohibition; repeated use could undermine CSPA intent
Document does not specify duration of waiver or conditions for renewal