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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 prohibitions under the Child Soldiers Prevention Act of 2008 for Sudan and Mali, allowing continued U.S. security assistance to those countries despite their use of child soldiers, provided certain determinations and congressional notifications are made.

Impact dates

  1. Publication in Federal Register

Key directives

  • Delegate to Secretary of State authority to waive section 404(a) CSPA prohibitions for Sudan and Mali
  • Delegate authority to make determinations and certifications necessary for such waivers
  • Delegate authority to notify appropriate congressional committees of waivers and accompanying Memoranda of Justification
  • Publish memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Delegation of waiver authority to Secretary of State takes effect
  • Secretary of State authorized to issue waivers for Sudan and Mali

Near term (90d)

  • Potential waivers issued and congressional notifications transmitted

Long term

  • Continued U.S. security assistance to Sudan and Mali despite CSPA prohibitions
  • Precedent for future CSPA waiver delegations

Risks & tensions

  • Tension between human rights objectives (preventing child soldier use) and security cooperation priorities
  • Delegation to Secretary of State reduces direct presidential accountability for controversial waivers
  • Document does not specify conditions or duration of waivers, leaving scope uncertain
Presidential Memorandum: Delegation of Authority Under Section 404(c) of the Child Soldiers Prevention Act of 2008 · Executive Orders