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DetDeterminationBiden · D Quiet signal

Presidential Determination

Presidential Determination and Certification With Respect to the Child Soldiers Prevention Act of 2008

President Biden waived Child Soldiers Prevention Act restrictions on military assistance to Iraq, Nigeria, Pakistan, Turkey, DRC, Libya, Somalia, Yemen, and South Sudan, certifying these governments are taking effective steps to address child soldier use. The determination allows continued International Military Education and Training (IMET), Peacekeeping Operations (PKO) assistance, 10 U.S.C. 333 support, and direct commercial sales licenses that would otherwise be prohibited.

Federal Register Open PDF 86 FR 57525

Impact dates

  1. Submit determination and Memorandum of Justification to Congress

  2. Publish determination in Federal Register

Key directives

  • Waive CSPA section 404(a) prohibitions for Iraq, Nigeria, Pakistan, Turkey
  • Partially waive for DRC (IMET and PKO only)
  • Partially waive for Libya, Somalia, Yemen (IMET, PKO, and 10 U.S.C. 333 assistance)
  • Partially waive for South Sudan (PKO only)
  • Waive restrictions on direct commercial sales licenses for above countries
  • Certify governments are taking effective and continuing steps on child soldiers
  • Submit determination and Memorandum of Justification to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Waiver takes effect upon issuance; prohibitions on IMET, PKO, 10 U.S.C. 333 assistance, and direct commercial sales licenses lifted for specified countries

Near term (90d)

  • Secretary of State must submit determination and Memorandum of Justification to Congress
  • Federal Register publication required

Long term

  • Continued military assistance flows to countries despite CSPA restrictions
  • Annual recertification likely required for future years

Risks & tensions

  • Human rights groups may dispute 'effective and continuing steps' certification for countries with documented child soldier use
  • Creates tension between human rights conditionality and security cooperation priorities
  • Partial waivers create complex compliance tracking for different assistance types per country
  • Document does not specify duration of waivers, implying annual renewal cycle under CSPA
Presidential Determination: Presidential Determination and Certification With Respect to the Child Soldiers Prevention Act of 2008 · Executive Orders