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

This determination waives child-soldier-related prohibitions on U.S. military assistance for five countries—Central African Republic, Democratic Republic of the Congo, Somalia, Yemen, and Russia—allowing continued International Military Education and Training (IMET), Peacekeeping Operations (PKO) assistance, and in Russia's case, direct commercial sales solely for the International Space Station. The President certifies these governments are taking effective steps to address child soldier issues while directing the Secretary of State to submit the determination to Congress and publish it in the Federal Register.

Federal Register Open PDF 87 FR 61943

Key directives

Waive CSPA section 404(a) prohibitions for CAR and DRC for IMET and PKO assistance

Waive CSPA prohibitions for Somalia and Yemen for IMET, PKO, and 10 U.S.C. 333 support

Waive CSPA prohibitions for direct commercial sales licenses for CAR, DRC, Somalia, Yemen, and Russia (Russia solely for ISS-related sales)

Certify governments are taking effective and continuing steps on child soldiers

Submit determination and certification to Congress with Memorandum of Justification

Publish determination in Federal Register

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 IMET and PKO assistance flows to four countries
Continued space station-related commercial sales to Russia
Ongoing U.S. monitoring of child soldier remediation steps by affected governments

Risks & tensions

Certification of 'effective and continuing steps' may be contested given persistent child soldier concerns in these countries

Russia waiver for ISS sales occurs amid broader sanctions and geopolitical tensions

CSPA waivers are recurring annual tension point between human rights advocacy and security cooperation priorities