MemoMemorandumObama · D

Presidential Memorandum

Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008

This memorandum delegates presidential authority to the Secretary of State to waive a prohibition on U.S. security assistance to Yemen under the Child Soldiers Prevention Act of 2008, and to notify Congress of such waiver and its justification.

Key directives

  • Delegate to Secretary of State authority to waive CSPA prohibition on Yemen under 22 U.S.C. 2370c-1(c)(1)
  • Delegate to Secretary of State authority to notify congressional committees of waiver and justification under 22 U.S.C. 2370c-1(c)(2)
  • Authorize and direct publication of memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of waiver authority to Secretary of State takes effect
  • Secretary of State authorized to publish memorandum in Federal Register

Near term (90d)

  • Potential waiver issuance and congressional notification regarding Yemen

Long term

  • Continued U.S. security assistance relationship with Yemen despite child soldier concerns

Risks & tensions

  • Tension between human rights objectives (preventing child soldier use) and security assistance priorities in Yemen
  • Delegation removes direct presidential accountability for sensitive waiver decision
  • Yemen context in 2015 involved active conflict and instability, raising scrutiny of security assistance
Presidential Memorandum: Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008 · Executive Orders