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DetDeterminationObama · D Quiet signal

Presidential Determination

Presidential Determinations With Respect to the Child Soldiers Prevention Act of 2008

This determination waives Child Soldiers Prevention Act (CSPA) prohibitions on U.S. security assistance to six countries: full waivers for Burma, Iraq, and Nigeria; partial waivers for DRC, Rwanda, Somalia, and South Sudan allowing specific programs like military training, peacekeeping support, and counter-atrocity assistance. 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 81 FR 72683

Impact dates

  1. Submit determination to Congress with Memorandum of Justification

  2. Publish determination in Federal Register

Key directives

  • Waive CSPA section 404(a) prohibition for Burma, Iraq, and Nigeria
  • Partially waive CSPA section 404(a) for DRC to allow IMET and PKO assistance for atrocity prevention including countering Lord's Resistance Army
  • Partially waive CSPA section 404(a) for Rwanda to allow IMET, PKO, and non-lethal Excess Defense Articles for humanitarian and peacekeeping purposes
  • Partially waive CSPA section 404(a) for Somalia to allow IMET, PKO, and 10 U.S.C. 2282 support
  • Partially waive CSPA section 404(a) for South Sudan to allow IMET, PKO, and section 1208 NDAA FY2014 support
  • Submit determination to Congress with Memorandum of Justification
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon determination
  • Secretary of State to submit to Congress and publish in Federal Register

Near term (90d)

  • Security assistance may resume/continue to waived countries under specified programs

Long term

  • Continued U.S. security cooperation with countries identified as using child soldiers
  • Potential tension between atrocity prevention goals and CSPA enforcement

Risks & tensions

  • Tension between atrocity prevention goals and CSPA's intended leverage against child soldier use
  • Partial waivers create implementation complexity in tracking permissible vs. prohibited assistance
  • No explicit conditions or benchmarks for recipient countries to reduce child soldier use
  • DRC and South Sudan waivers include specific statutory authorities suggesting tailored but potentially inconsistent policy application
Presidential Determination: Presidential Determinations With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders