Determination With Respect to the Child Soldiers Prevention Act of 2008

President Obama waived sanctions under the Child Soldiers Prevention Act of 2008 for five countries: full waivers for Rwanda, Somalia, and Yemen; partial waivers for the Central African Republic, Democratic Republic of the Congo, and South Sudan allowing specific military assistance programs to continue despite their use of child soldiers.

Federal Register Open PDF 79 FR 69755

Impact dates

Sep 30, 2014
Waivers take effect; Secretary of State directed to submit to Congress and publish in Federal Register

Key directives

Waive application of CSPA section 404(a) prohibition for Rwanda, Somalia, and Yemen
Waive in part CSPA section 404(a) for Central African Republic to allow IMET
Waive in part CSPA section 404(a) for Democratic Republic of the Congo to allow IMET, nonlethal Excess Defense Articles, direct commercial sales licenses for nonlethal defense articles, PKO assistance, and section 1208 NDAA FY2014 support
Waive in part CSPA section 404(a) for South Sudan to allow PKO assistance and section 1208 NDAA FY2014 support
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

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

Near term (90d)

—

Long term

Continued U.S. military assistance flows to countries using child soldiers
Potential continued recruitment/use of child soldiers in waived countries

Risks & tensions

Tension between human rights accountability (CSPA's purpose) and national security interests claimed as justification
Partial waivers create complex compliance tracking for different assistance types per country
Document does not specify duration of waivers—unclear if annual or indefinite
Recurring pattern of CSPA waivers undermines statutory intent to pressure countries to end child soldier use