§ 7107.
(a)
Statement of policy
It is the policy of the United States not to provide nonhumanitarian, nontrade-related foreign assistance to any government that—
(1)
does not comply with minimum standards for the elimination of trafficking; and
(2)
is not making significant efforts to bring itself into compliance with such standards.
(c)
Notification
Not less than 45 days or more than 90 days after the submission, on or after January 1, 2003, of an annual report under subsection (b)(1), or an interim report under subsection (b)(2), the President shall submit to the appropriate congressional committees a notification of one of the determinations listed in subsection (d) with respect to each foreign country whose government, according to such report—
(A)
does not comply with the minimum standards for the elimination of trafficking; and
(B)
is not making significant efforts to bring itself into compliance, as described in subsection (b)(1)(C).
(d)
Presidential determinations
The determinations referred to in subsection (c) are the following:
(1)
Withholding of nonhumanitarian, nontrade-related assistance
The President has determined that—
(A)
(i)
the United States will not provide nonhumanitarian, nontrade-related foreign assistance to the government of the country for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; or
(ii)
in the case of a country whose government received no nonhumanitarian, nontrade-related foreign assistance from the United States during the previous fiscal year, the United States will not provide such assistance to the government of the country for the subsequent fiscal year and will not provide funding for participation by officials or employees of such governments in educational and cultural exchange programs for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance; and
(B)
the President will instruct the United States Executive Director of each multilateral development bank and of the International Monetary Fund to vote against, and to use the Executive Director’s best efforts to deny, any loan or other utilization of the funds of the respective institution to that country (other than for humanitarian assistance, for trade-related assistance, or for development assistance which directly addresses basic human needs, is not administered by the government of the sanctioned country, and confers no benefit to that government) for the subsequent fiscal year until such government complies with the minimum standards or makes significant efforts to bring itself into compliance.
(2)
Ongoing, multiple, broad-based restrictions on assistance in response to human rights violations
The President has determined that such country is already subject to multiple, broad-based restrictions on assistance imposed in significant part in response to human rights abuses and such restrictions are ongoing and are comparable to the restrictions provided in paragraph (1). Such determination shall be accompanied by a description of the specific restriction or restrictions that were the basis for making such determination.
(3)
Subsequent compliance
The Secretary of State has determined that the government of the country has come into compliance with the minimum standards or is making significant efforts to bring itself into compliance.
(4)
Continuation of assistance in the national interest
Notwithstanding the failure of the government of the country to comply with minimum standards for the elimination of trafficking and to make significant efforts to bring itself into compliance, the President has determined that the provision to the country of nonhumanitarian, nontrade-related foreign assistance or funding for participation in educational and cultural exchange programs, or the multilateral assistance described in paragraph (1)(B), or both, would promote the purposes of this chapter or is otherwise in the national interest of the United States.
(5)
Exercise of waiver authority
(A)
In general
The President may exercise the authority under paragraph (4) with respect to—
(i)
all nonhumanitarian, nontrade-related foreign assistance or funding for participation in educational and cultural exchange programs to a country;
(ii)
all multilateral assistance described in paragraph (1)(B) to a country; or
(iii)
one or more programs, projects, or activities of such assistance.
(B)
Avoidance of significant adverse effects
The President shall exercise the authority under paragraph (4) when necessary to avoid significant adverse effects on vulnerable populations, including women and children.
(6)
Definition of multilateral development bank
In this subsection, the term “multilateral development bank” refers to any of the following institutions: the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilat
(e)
Certification
Together with any notification under subsection (c), the President shall provide a certification by the Secretary of State that, with respect to any assistance described in clause (ii), (iii), or (v) of section 7102(8)(A)
2
See References in Text note below.
of this title, or with respect to any assistance described in section 7102(8)(B) of this title, no assistance is intended to be received or used by any agency or official who has participated in, facilitated, or condoned a severe form of trafficking in persons.
([Pub. L. 106–386, div. A, § 110], Oct. 28, 2000, [114 Stat. 1482]; [Pub. L. 108–193, § 6(e)], (h), (i), Dec. 19, 2003, [117 Stat. 2882], 2884; [Pub. L. 109–164, title I, § 104(e)(1)], Jan. 10, 2006, [119 Stat. 3565]; [Pub. L. 110–457, title I], §§ 107(a), (b), 108(b), Dec. 23, 2008, [122 Stat. 5049], 5051; [Pub. L. 113–4, title XII], §§ 1205, 1212(b)(2)(A)(i), Mar. 7, 2013, [127 Stat. 139], 143; [Pub. L. 115–425, title II, § 203], Jan. 8, 2019, [132 Stat. 5482]; [Pub. L. 115–427, § 6], Jan. 9, 2019, [132 Stat. 5505]; [Pub. L. 116–283, div. A, title XII, § 1299R(b)], Jan. 1, 2021, [134 Stat. 4027].)