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

President Biden waived Child Soldiers Prevention Act prohibitions for Egypt, Turkey, Libya, Somalia, Democratic Republic of the Congo, Central African Republic, and Yemen to allow continued military assistance including IMET, peacekeeping operations, and commercial arms sales. A narrow waiver was also granted for Russia solely for International Space Station-related commercial licenses.

Federal Register Open PDF 88 FR 66671

Impact dates

Date TBD
Publication in Federal Register
Date TBD
Submission to Congress with Memorandum of Justification

Key directives

Waive CSPA section 404(a) prohibition for Egypt
Waive in part CSPA prohibition for Turkey (IMET, PKO, DCS licenses, 10 U.S.C. 331/333 support)
Waive in part CSPA prohibition for Libya and Somalia (IMET, PKO, 10 U.S.C. 331/333 support)
Waive in part CSPA prohibition for DRC (IMET, PKO, DCS licenses for transport aircraft reexport)
Waive in part CSPA prohibition for CAR and Yemen (IMET, PKO)
Waive CSPA prohibition for DCS licenses related to other USG assistance for above countries
Waive CSPA prohibition for Russia solely for ISS-related DCS licenses
Certify governments are taking effective and continuing steps to address child soldiers
Submit determination and certification to Congress with Memorandum of Justification
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Waivers take effect upon determination
Secretary of State authorized to submit to Congress and publish in Federal Register

Near term (90d)

Congressional notification with Memorandum of Justification

Long term

Continued military assistance flows to waived countries subject to annual CSPA determinations

Risks & tensions

Tension between human rights accountability (CSPA's purpose) and security cooperation interests
Certification of 'effective and continuing steps' may be disputed given ongoing child soldier concerns in listed countries
Russia waiver for ISS creates narrow space cooperation exception amid broader sanctions and tensions
Annual recurrence creates recurring political friction; text does not specify duration of these waivers