22 USC 7107 - Actions against governments failing to meet minimum standards

1 So in original. No subpar. (C) has been enacted.

the extent to which the government of the country is devoting sufficient budgetary resources—

2 See References in Text note below.

of this title, or with respect to any assistance described in section 7102(8)(B) 

Editorial Notes

References in Text

This chapter, referred to in subsec. (d)(4), was in the original “this division”, meaning division A of Puspan. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, known as the Trafficking Victims Protection Act of 2000, which is classified principally to this chapter. For complete classification of division A to the Code, see Short Title note set out under section 7101 of this title and Tables.

Section 7102(8) of this title, referred to in subsec. (e), was redesignated section 7102(10) of this title by Puspan. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503.

Amendments

2021—Subsec. (span)(1). Puspan. L. 116–283 substituted “June 30” for “June 1”.

2019—Subsec. (span)(1). Puspan. L. 115–427, § 6(1)(A), substituted “The report shall, to the extent concurrent reporting data is available, cover efforts and activities taking place during the period between April 1 of the year preceding the report and March 31 of the year in which the report is made, and should” for “The report should” in introductory provisions.

Subsec. (span)(1)(A). Puspan. L. 115–427, § 6(1)(B), inserted “based only on concrete actions taken by the country that are recorded during the reporting period” after “such standards”.

Subsec. (span)(1)(B). Puspan. L. 115–427, § 6(1)(C), inserted “based only on concrete actions taken by the country (excluding any commitments by the country to take additional future steps during the next year) that are recorded during the reporting period” after “compliance”.

Subsec. (span)(1)(H). Puspan. L. 115–427, § 6(1)(D)–(F), added subpar. (H).

Subsec. (span)(2)(A)(iii)(I). Puspan. L. 115–425, § 203(1)(A), substituted “estimated” for “absolute” and inserted “and the country is not taking proportional concrete actions” before semicolon at end.

Subsec. (span)(2)(A)(iii)(III). Puspan. L. 115–427, § 6(2)(A)(iii), struck out subcl. (III) which read as follows: “the determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.”

Subsec. (span)(2)(B). Puspan. L. 115–427, § 6(2)(B), substituted “April 1 of the previous year” for “the last annual report”.

Subsec. (span)(2)(D)(ii). Puspan. L. 115–427, § 6(2)(C), substituted “1 year” for “2 years” in introductory provisions.

Subsec. (span)(2)(E). Puspan. L. 115–427, § 6(2)(D), substituted “Congressional” for “Public” in span and “shall—” and cls. (i) and (ii) for “shall provide a detailed description of the credible evidence supporting such determination on a publicly available website maintained by the Department of State.”

Subsec. (span)(2)(F). Puspan. L. 115–425, § 203(1)(B), added subpar. (F).

Subsec. (span)(3). Puspan. L. 115–425, § 203(2), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), realigned margins, and added subpar. (B).

Subsec. (span)(3)(C). Puspan. L. 115–427, § 6(3)(B), which directed striking the semicolon at end and inserting a period, could not be executed because there is no subpar. (C). See amendment of subsec. (span)(3) by Puspan. L. 115–425, § 203(2) above.

Subsec. (span)(3)(D) to (F). Puspan. L. 115–427, § 6(3)(A), (C), added subpars. (D) to (F).

Subsec. (span)(4). Puspan. L. 115–427, § 6(4), added par. (4).

2013—Subsec. (span)(1). Puspan. L. 113–4, § 1205(1)(A), in introductory provisions, substituted “describing the anti-trafficking efforts of the United States and foreign governments according to the minimum standards and criteria enumerated in section 7106 of this title, and the nature and scope of trafficking in persons in each country and analysis of the trend lines for individual governmental efforts. The report should include—” for “with respect to the status of severe forms of trafficking in persons that shall include—”.

Subsec. (span)(1)(G). Puspan. L. 113–4, § 1205(1)(B)–(D), added subpar. (G).

Subsec. (span)(2) to (4). Puspan. L. 113–4, § 1205(2)–(4), redesignated pars. (3) and (4) as (2) and (3), respectively, added subpar. (E) in par. (2), and struck out former par. (2) which related to interim reports.

Subsec. (e). Puspan. L. 113–4, § 1212(span)(2)(A)(i), substituted “section 7102(8)(A)” for “section 7102(7)(A) and “section 7102(8)(B)” for “section 7102(7)(B)”.

2008—Subsec. (span)(1)(E), (F). Puspan. L. 110–457, § 108(span), added subpars. (E) and (F).

Subsec. (span)(3)(D). Puspan. L. 110–457, § 107(a), added subpar. (D).

Subsec. (d)(1)(A)(ii). Puspan. L. 110–457, § 107(span), inserted “such assistance to the government of the country for the subsequent fiscal year and will not provide” after “the United States will not provide”.

2006—Subsec. (span)(1)(D). Puspan. L. 109–164 added subpar. (D).

2003—Subsec. (span)(3), (4). Puspan. L. 108–193, § 6(e), added par. (3) and redesignated former par. (3) as (4).

Subsec. (d)(4). Puspan. L. 108–193, § 6(h)(1), inserted “or funding for participation in educational and cultural exchange programs” after “nonhumanitarian, nontrade-related foreign assistance”.

Subsec. (d)(5)(A)(i). Puspan. L. 108–193, § 6(h)(2), inserted “or funding for participation in educational and cultural exchange programs” after “foreign assistance”.

Subsec. (f). Puspan. L. 108–193, § 6(i), added subsec. (f).

Statutory Notes and Related Subsidiaries

Communication With Governments of Countries Designated as Tier 2 Watch List Countries on the Trafficking in Persons Report

Puspan. L. 115–427, § 7(a), Jan. 9, 2019, 132 Stat. 5507, provided that:

“(a)In General.—Not less than annually, the Secretary of State shall provide, to the foreign minister of each country that has been downgraded to a ‘Tier 2 Watch List’ country pursuant to the Trafficking in Persons report submitted under section 110(span) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(span))—

“(1) a copy of the annual Trafficking in Persons report; and

“(2) information pertinent to that country’s downgrade, including—

“(A) confirmation of the country’s designation to the Tier 2 Watch List;

“(B) the implications associated with such designation and the consequences for the country of a downgrade to Tier 3;

“(C) the factors that contributed to the downgrade; and

“(D) the steps that the country must take to be considered for an upgrade in status of designation.”

Child Protection Strategies in Watch List Countries

Puspan. L. 115–425, title II, § 204(span), Jan. 8, 2019, 132 Stat. 5484, provided that:

“(1)In general.—The Administrator of the United States Agency for International Development shall incorporate into the relevant country development cooperation strategy for each country on the list described in paragraph (1)(C) of section 110(span) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(span)) or the special watch list described in paragraph (2)(A)(iii) of such section, strategies for the protection of children and the reduction of the risk of trafficking.

“(2)Components.—The child protection and trafficking reduction strategies required under paragraph (1) shall—

“(A) address the root causes of insecurity that leave children and youth vulnerable to trafficking; and

“(B) include common metrics and indicators to monitor progress across Federal agencies to prevent, address, and end violence against children and youth globally in post-conflict and post-disaster areas.”

Translation of Trafficking-in-Persons Report

Puspan. L. 110–457, title I, § 107(c), Dec. 23, 2008, 122 Stat. 5050, provided that: “The Secretary of State shall—

“(1) timely translate the annual report submitted under section 110(span) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(span)) into the principal languages of as many countries as possible, with particular emphasis on the languages of the countries on the lists described in subparagraphs (B) and (C) of section 110(span)(1) of such Act; and

“(2) ensure that the translations described in paragraph (1) are made available to the public through postings on the Internet website of the Department of State and other appropriate websites.”

Executive Documents

Presidential Determination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons

Determination of President of the United States, No. 2023–14, Sept. 29, 2023, 88 F.R. 73523, provided:

Memorandum for the Secretary of State

Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) (the “Act”), as amended, I hereby determine as follows:

As provided for in section 110(d)(1)(A)(i) of the Act, that the United States will not provide nonhumanitarian, nontrade-related assistance to the Governments of Afghanistan, Burma, Chad, Equatorial Guinea, Guinea-Bissau, Iran, the People’s Republic of China (PRC), and South Sudan for Fiscal Year (FY) 2024 until such governments comply with the Act’s minimum standards or make significant efforts to bring themselves into compliance with the minimum standards;

As provided for in section 110(d)(1)(A)(ii) of the Act, that the United States will not provide nonhumanitarian, nontrade-related assistance to, or allow funding for participation in educational and cultural exchange programs by officials or employees of, the Governments of Belarus, Cuba, the Democratic People’s Republic of Korea (DPRK), Eritrea, Macau (Special Administrative Region of the PRC), Nicaragua, Russia, and Syria for FY 2024 until such governments comply with the Act’s minimum standards or make significant efforts to bring themselves into compliance with the minimum standards;

As provided for in section 110(d)(1)(B) of the Act, I hereby instruct the United States Executive Director of each multilateral development bank, as defined in the Act, and of the International Monetary Fund to vote against and use best efforts to deny any loan or other utilization of the funds of the respective institution (other than for humanitarian assistance; for trade-related assistance; or for development assistance that directly addresses basic human needs, is not administered by the government of such country, and confers no benefit to that government) for the Governments of Belarus, Burma, Cuba, the DPRK, Eritrea, Iran, Macau (Special Administrative Region of the PRC), Nicaragua, the PRC, Russia, South Sudan, and Syria for FY 2024 until such governments comply with the Act’s minimum standards or make significant efforts to bring themselves into compliance with the minimum standards;

Consistent with section 110(d)(4) of the Act, I determine that the provision of all programs, projects, activities, and funding for educational and cultural exchange programs described in sections 110(d)(1)(A) and 110(d)(1)(B) of the Act to Algeria, Cambodia, Djibouti, Papua New Guinea, Turkmenistan, and Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, I determine that providing the assistance described in section 110(d)(1)(B) of the Act to Afghanistan, Chad, Equatorial Guinea, and Guinea-Bissau would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, I determine that a partial waiver with respect to Belarus, Eritrea, Macau (Special Administrative Region of the PRC), and Russia to allow funding for educational and cultural exchange programs described in section 110(d)(1)(A)(ii) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, with respect to Afghanistan, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for Economic Support Fund (ESF) and Global Health Programs (GHP) assistance would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, with respect to Chad, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for Development Assistance (DA), ESF, and GHP assistance would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, with respect to Equatorial Guinea, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for International Military Education and Training (IMET), Peacekeeping Operations (PKO), DA, ESF, and GHP assistance would promote the purposes of the Act or is otherwise in the national interest of the United States;

Consistent with section 110(d)(4) of the Act, with respect to Guinea-Bissau, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for IMET, PKO, DA, ESF, and GHP assistance would promote the purposes of the Act or is otherwise in the national interest of the United States; and

Consistent with section 110(d)(4) of the Act, with respect to South Sudan, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for GHP assistance would promote the purposes of the Act or is otherwise in the national interest of the United States.

In addition, with respect to the Governments of Curacao and Sint Maarten, consistent with the United States Government’s firm stand against human trafficking, and until such governments take steps consistent with compliance with the minimum standards of the Act or make significant efforts to do so, I hereby: (i) direct that executive departments and agencies shall not provide nonhumanitarian, nontrade-related foreign assistance, as described in section 110(d)(1)(A) of the Act, to the Governments of Curacao and Sint Maarten; (ii) instruct the United States Executive Director of each multilateral development bank, as defined in the Act, and of the International Monetary Fund to vote against and use best efforts to deny any loan or other utilization of the funds of the respective institution (other than for humanitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by such government, and confers no benefit to that government) to Curacao and Sint Maarten, as described in section 110(d)(1)(B) of the Act; and (iii) direct that funding for participation by officials or employees of the Governments of Curacao and Sint Maarten in educational and cultural exchange programs shall continue to be permitted in FY 2024, consistent with the foreign policy and all applicable laws of the United States.

You are authorized and directed to submit this determination, the certification required by section 110(e) of the Act, and the Memorandum of Justification, on which I have relied, to the Congress, and to publish this determination in the Federal Register.

J.R. Biden, Jr.

Prior determinations and certifications regarding trafficking in persons were contained in the following:

Determination of President of the United States, No. 2023–02, Oct. 14, 2022, 87 F.R. 64361.

[Determination of President of the United States, No. 2022–06, Dec. 21, 2021, not published in the Federal Register.]

Determination of President of the United States, No. 2020–12, Sept. 28, 2020, 85 F.R. 71209.

Determination of President of the United States, No. 2020–02, Oct. 18, 2019, 84 F.R. 59521.

Determination of President of the United States, No. 2019–05, Nov. 29, 2018, 83 F.R. 65281.

Determination of President of the United States, No. 2017–15, Sept. 30, 2017, 82 F.R. 50047.

Determination of President of the United States, No. 2016–12, Sept. 27, 2016, 81 F.R. 70311.

Determination of President of the United States, No. 2016–01, Oct. 5, 2015, 80 F.R. 62435.

Determination of President of the United States, No. 2014–16, Sept. 18, 2014, 79 F.R. 57699.

Determination of President of the United States, No. 2013–16, Sept. 17, 2013, 78 F.R. 58861.

Determination of President of the United States, No. 2012–16, Sept. 14, 2012, 77 F.R. 58921, as corrected by Department of State Public Notice 8048, dated Sept. 28, 2012, 77 F.R. 61046.

Determination of President of the United States, No. 2011–18, Sept. 30, 2011, 76 F.R. 62599.

Determination of President of the United States, No. 2010–15, Sept. 10, 2010, 75 F.R. 67017, 68411.

Determination of President of the United States, No. 2009–29, Sept. 14, 2009, 74 F.R. 48365.

Determination of President of the United States, No. 2009–5, Oct. 17, 2008, 73 F.R. 63839.

Determination of President of the United States, No. 2008–4, Oct. 18, 2007, 72 F.R. 61037.

Determination of President of the United States, No. 2006–25, Sept. 26, 2006, 71 F.R. 64431.

Determination of President of the United States, No. 2005–37, Sept. 21, 2005, 70 F.R. 57481.

Determination of President of the United States, No. 2004–46, Sept. 10, 2004, 69 F.R. 56155.

Determination of President of the United States, No. 2003–35, Sept. 9, 2003, 68 F.R. 53871.

Delegation of Waiver Authority Pursuant to Section 107(a) of Public Law 110–457

Memorandum of President of the United States, Sept. 20, 2010, 75 F.R. 67023, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President by section 107(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457).

You are hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

Delegation of Authority Under Sections 110(c) and (d)(4) of the Trafficking Victims Protection Act of 2000

Memorandum of President of the United States, Oct. 5, 2015, 80 F.R. 65605, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the authority under section 110(d)(4) of the Trafficking Victims Protection Act of 2000 (the “Act”) (22 U.S.C. 7107(d)(4)) to waive the application of the prohibition in section 110(d)(1)(A)(i) of the Act to Yemen during Fiscal Year 2016, as applicable, and to make the determinations necessary for such waiver. I hereby also delegate to the Secretary of State the authority under section 110(c) of the Act to notify the appropriate congressional committees of such waiver and the justification for granting such waiver.

You are hereby authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

Prior provisions delegating authority under section 110(d)(4) and (c) or (f) of the Trafficking Victims Protection Act of 2000 were contained in the following:

Memorandum of President of the United States, July 29, 2013, 78 F.R. 48027.—Syria, fiscal year 2013.

Memorandum of President of the United States, Fespan. 3, 2012, 77 F.R. 11375.—Burma, fiscal year 2012.