2013 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 32 - FOREIGN ASSISTANCE (§§ 2151 - 2443)
Subchapter III - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 2351 - 2429b)
Part I - General Provisions (§§ 2351 - 2378d)
Section 2370c-1 - Prohibition

Subject to subsections (b) through (f), the authorities contained in sections 2321j, 2347, and 2348 of this title or section 2763 of this title may not be used to provide assistance to, and no licenses for direct commercial sales of military equipment may be issued to, the government of a country that is clearly identified, pursuant to subsection (b), for the most recent year preceding the fiscal year in which the authorities or license would have been used or issued in the absence of a violation of sections 2370c to 2370c–2 of this title, as having governmental armed forces or government-supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit and use child soldiers.

The Secretary of State shall include a list of the foreign governments that have violated the standards under sections 2370c to 2370c–2 of this title and are subject to the prohibition in subsection (a) in the report required under section 7107(b) of this title.

The Secretary of State shall formally notify any government identified pursuant to subsection (a).

The President may waive the application to a country of the prohibition in subsection (a) if the President determines that such waiver is in the national interest of the United States.

Not later than 45 days after each waiver is granted under paragraph (1), the President shall notify the appropriate congressional committees of the waiver and the justification for granting such waiver.

The President may provide to a country assistance otherwise prohibited under subsection (a) upon certifying to the appropriate congressional committees that the government of such country—

(1) has implemented measures that include an action plan and actual steps to come into compliance with the standards outlined in subsection (b); and

(2) has implemented policies and mechanisms to prohibit and prevent future government or government-supported use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers.

The President may provide assistance to a country for international military education, training, and nonlethal supplies (as defined in section 2557(d)(1)(B) of title 10) otherwise prohibited under subsection (a) upon certifying to the appropriate congressional committees that—

(A) the government of such country is taking reasonable steps to implement effective measures to demobilize child soldiers in its forces or in government-supported paramilitaries and is taking reasonable steps within the context of its national resources to provide demobilization, rehabilitation, and reintegration assistance to those former child soldiers; and

(B) the assistance provided by the United States Government to the government of such country will go to programs that will directly support professionalization of the military.

The exception under paragraph (1) may not remain in effect for a country for more than 5 years.

The limitation set forth in subsection (a) that relates to section 2348 of this title shall not apply to programs that support military professionalization, security sector reform, heightened respect for human rights, peacekeeping preparation, or the demobilization and reintegration of child soldiers.

(Pub. L. 110–457, title IV, §404, Dec. 23, 2008, 122 Stat. 5089; Pub. L. 113–4, title XII, §1208, Mar. 7, 2013, 127 Stat. 142.)

Sections 2370c to 2370c–2 of this title, referred to in subsecs. (a) and (b)(1), was in the original "this title", meaning title IV of Pub. L. 110–457, Dec. 23, 2008, 122 Stat. 5087, known as the Child Soldiers Prevention Act of 2008, which is classified principally to sections 2370c to 2370c–2 of this title. For complete classification of title IV to the Code, see Short Title of 2008 Amendment note set out under section 2151 of this title and Tables.

Section was enacted as part of the Child Soldiers Prevention Act of 2008, and also as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

2013—Subsec. (a). Pub. L. 113–4, §1208(1), substituted "(b) through (f), the authorities contained in sections 2321j, 2347, and 2348 of this title" for "(b), (c), and (d), the authorities contained in section 2321j or 2347 of this title".

Subsec. (f). Pub. L. 113–4, §1208(2), added subsec. (f).

Section effective 180 days after Dec. 23, 2008, see section 407 of Pub. L. 110–457, set out as a note under section 2370c of this title.