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

U.S Code last checked for updates: May 31, 2023

§ 7107.

Actions against governments failing to meet minimum standards

(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.

(b)

Reports to Congress

(1)

Annual report

Not later than June 30 of each year, the Secretary of State shall submit to the appropriate congressional committees a report 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 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 include—

(A)

a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments fully comply with such standards based only on concrete actions taken by the country that are recorded during the reporting period;

(B)

(C)

a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not fully comply with such standards and are not making significant efforts to bring themselves into compliance;

(D)

information on the measures taken by the United Nations, the Organization for Security and Cooperation in Europe, the North Atlantic Treaty Organization and, as appropriate, other multilateral organizations in which the United States participates, to prevent the involvement of the organization’s employees, contractor personnel, and peacekeeping forces in trafficking in persons or the exploitation of victims of trafficking;

(E)

reporting and analysis on the emergence or shifting of global patterns in human trafficking, including data on the number of victims trafficked to, through, or from major source and destination countries, disaggregated by nationality, gender, and age, to the extent possible;

(F)

emerging issues in human trafficking;

(G)

a section entitled “Promising Practices in the Eradication of Trafficking in Persons” to highlight effective practices and use of innovation and technology in prevention, protection, prosecution, and partnerships, including by foreign governments, the private sector, and domestic civil society actors; and

(H)

for each country included in a different list than the country had been placed in the previous annual report, a detailed explanation of how the concrete actions (or lack of such actions) undertaken (or not undertaken) by the country during the previous reporting period contributed to such change, including a clear linkage between such actions and the minimum standards enumerated in section 7106 of this title.

(2)

Special watch list

(A)

Submission of list

Not later than the date on which the determinations described in subsections (c) and (d) are submitted to the appropriate congressional committees in accordance with such subsections, the Secretary of State shall submit to the appropriate congressional committees a list of countries that the Secretary determines requires special scrutiny during the following year. The list shall be composed of the following countries:

(i)

Countries that have been listed pursuant to paragraph (1)(A) in the current annual report and were listed pursuant to paragraph (1)(B) in the previous annual report.

(ii)

Countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report and were listed pursuant to paragraph (1)(C) in the previous annual report.

(iii)

Countries that have been listed pursuant to paragraph (1)(B) pursuant to the current annual report, where—

(I)

the estimated number of victims of severe forms of trafficking is very significant or is significantly increasing and the country is not taking proportional concrete actions; or

(II)

there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convictions of trafficking crimes, increased assistance to victims, and decreasing evidence of complicity in severe forms of trafficking by government officials.

(B)

Interim assessment

Not later than February 1st of each year, the Secretary of State shall provide to the appropriate congressional committees an assessment of the progress that each country on the special watch list described in subparagraph (A) has made since April 1 of the previous year.

(C)

Relation of special watch list to annual trafficking in persons report

A determination that a country shall not be placed on the special watch list described in subparagraph (A) shall not affect in any way the determination to be made in the following year as to whether a country is complying with the minimum standards for the elimination of trafficking or whether a country is making significant efforts to bring itself into compliance with such standards.

(D)

Countries on special watch list for 2 consecutive years

(i)

In general

Except as provided under clause (ii), a country that is included on the special watch list described in subparagraph (A) for 2 consecutive years after December 23, 2008, shall be included on the list of countries described in paragraph (1)(C).

(ii)

Exercise of waiver authority

The President may waive the application of clause (i) for up to 1 year if the President determines, and reports credible evidence to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, that such a waiver is justified because—

(I)

the country has a written plan to begin making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking;

(II)

the plan, if implemented, would constitute making such significant efforts; and

(III)

the country is devoting sufficient resources to implement the plan.

(E)

Congressional notice

Not later than 30 days after notifying Congress of each country determined to have met the requirements under subclauses (I) through (III) of subparagraph (D)(ii), the Secretary of State shall—

(i)

provide a detailed description of the credible information supporting such determination on a publicly available website maintained by the Department of State; and

(ii)

offer to brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on any written plan submitted by the country under subparagraph (D)(ii)(I), with an opportunity to review the written plan.

(F)

Special rule for certain countries on special watch list that are downgraded and reinstated on special watch list

Notwithstanding subparagraphs (D) and (E), a country may not be included on the special watch list described in subparagraph (A)(iii) for more than 1 consecutive year after the country—

(i)

was included on the special watch list described in subparagraph (A)(iii) for—

(I)

2 consecutive years after December 23, 2008; and

(II)

any additional years after such date of enactment as a result of the President exercising the waiver authority under subparagraph (D)(ii); and

(ii)

was subsequently included on the list of countries described in paragraph (1)(C).

(3)

Significant efforts

(A)

In general

In determinations under paragraph (1) or (2) as to whether the government of a country is making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking, the Secretary of State shall consider—

(i)

the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking;

(ii)

the extent of noncompliance with the minimum standards by the government and, particularly, the extent to which officials or employees of the government have participated in, facilitated, condoned, or are otherwise complicit in severe forms of trafficking;

(iii)

what measures are reasonable to bring the government into compliance with the minimum standards in light of the resources and capabilities of the government.

(B)

Proof of failure to make significant efforts

In addition to the considerations described in clauses (i), (ii), and (iii) of subparagraph (A), in determinations under paragraph (1)(C) as to whether the government of a country is not making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking, the Secretary of State shall consider, as proof of failure to make significant efforts, a government policy or pattern of—

(i)

trafficking;

(ii)

trafficking in government-funded programs;

(iii)

forced labor (in government-affiliated medical services, agriculture, forestry, mining, construction, or other sectors);

(iv)

sexual slavery in government camps, compounds, or outposts; or

(v)

employing or recruiting child soldiers.

(D)

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

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

(i)

to investigate and prosecute acts of severe trafficking in persons;

(ii)

to convict and sentence persons responsible for such acts; and

(iii)

to obtain restitution for victims of human trafficking;

(E)

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

(i)

to protect and support victims of trafficking in persons; and

(ii)

to prevent severe forms of trafficking in persons; and

(F)

the extent to which the government of the country has consulted with domestic and international civil society organizations that resulted in concrete actions to improve the provision of services to victims of trafficking in persons.

(4)

Action plans for countries upgraded to tier 2 watchlist

(A)

In general

Not later than 180 days after the release of the annual Trafficking in Persons Report, the Secretary of State, acting through the Ambassador-at-Large of the Office to Monitor and Combat Trafficking and the Assistant Secretary of the appropriate regional bureau, in consultation with appropriate officials from the government of each country described in paragraph (2)(A)(ii), and with the assistance of the United States Ambassador or Charge d’Affaires in each country, shall—

(i)

prepare an action plan for each country upgraded from Tier 3 to Tier 2 Watchlist to further improve such country’s tier ranking under this subsection; and

(ii)

present the relevant action plan to the government of each such country.

(B)

Contents

Each action plan prepared under this paragraph—

(i)

shall include specific concrete actions to be taken by the country to substantively address deficiencies preventing the country from meeting Tier 2 standards, based on credible information; and

(ii)

should be focused on short-term and multi-year goals.

(C)

Briefings

The Ambassador-at-Large of the Office to Monitor and Combat Trafficking and all appropriate regional Assistant Secretaries shall make themselves available to brief the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives on the implementation of each action plan prepared under this paragraph.

(D)

Savings provision

Nothing in this paragraph may be construed as modifying—

(i)

minimum standards for the elimination of trafficking under section 7106 of this title; or

(ii)

the actions against governments failing to meet minimum standards under this section or the criteria for placement on the Special Watch List under paragraph (2).

(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) 2 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.

(f)

Subsequent waiver authority

After the President has made a determination described in subsection (d)(1) with respect to the government of a country, the President may at any time make a determination described in paragraphs (4) and (5) of subsection (d) to waive, in whole or in part, the measures imposed against the country by the previous determination under subsection (d)(1).

(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.)

cite as: 22 USC 7107

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