22 U.S.C. § 7108 — Actions against significant traffickers in

Page 1925 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7108 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 De- partment 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 Wil- berforce Trafficking Victims Protection Reauthoriza- tion 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 Vic- tims 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 determina- tions 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 Pro- tection 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, Feb. 3, 2012, 77 F.R. 11375.—Burma, fiscal year 2012. § 7108. Actions against significant traffickers in persons (a) Authority to sanction significant traffickers in persons (1) In general The President may exercise the authorities set forth in section 1702 of title 50 without re- gard to section 1701 of title 50, or section 10102 of this title, in the case of any of the following persons: (A) Any foreign person that plays a signifi- cant role in a severe form of trafficking in persons, directly or indirectly in the United States. (B) Foreign persons that materially assist in, or provide financial or technological sup- port for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A). (C) Foreign persons that are owned, con- trolled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A). (D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for signifi- cant financial gain. (2) Penalties The penalties set forth in section 1705 of title 50 apply to violations of any license, order, or regulation issued under this section. (b) Report to Congress on identification and sanctioning of significant traffickers in per- sons (1) In general Upon exercising the authority of subsection (a), the President shall report to the appro- priate congressional committees— (A) identifying publicly the foreign per- sons that the President determines are ap- propriate for sanctions pursuant to this sec- tion and the basis for such determination; and (B) detailing publicly the sanctions im- posed pursuant to this section. (2) Removal of sanctions Upon suspending or terminating any action imposed under the authority of subsection (a), the President shall report to the committees described in paragraph (1) on such suspension or termination. (3) Submission of classified information Reports submitted under this subsection may include an annex with classified informa- tion regarding the basis for the determination made by the President under paragraph (1)(A). (c) Law enforcement and intelligence activities not affected Nothing in this section prohibits or otherwise limits the authorized law enforcement or intel- ligence activities of the United States, or the Page 1926 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7109 law enforcement activities of any State or sub- division thereof. (d) Omitted (e) Implementation (1) Delegation of authority The President may delegate any authority granted by this section, including the author- ity to designate foreign persons under para- graphs (1)(B) and (1)(C) of subsection (a). (2) Promulgation of rules and regulations The head of any agency, including the Sec- retary of Treasury, is authorized to take such actions as may be necessary to carry out any authority delegated by the President pursuant to paragraph (1), including promulgating rules and regulations. (3) Opportunity for review Such rules and regulations shall include pro- cedures affording an opportunity for a person to be heard in an expeditious manner, either in person or through a representative, for the purpose of seeking changes to or termination of any determination, order, designation or other action associated with the exercise of the authority in subsection (a). (f) Definition of foreign persons In this section, the term ‘‘foreign person’’ means any citizen or national of a foreign state or any entity not organized under the laws of the United States, including a foreign govern- ment official, but does not include a foreign state. (g) Construction Nothing in this section shall be construed as precluding judicial review of the exercise of the authority described in subsection (a). (Pub. L. 106–386, div. A, § 111, Oct. 28, 2000, 114 Stat. 1484; Pub. L. 115–425, title I, § 124, Jan. 8, 2019, 132 Stat. 5479.) Editorial Notes CODIFICATION Section is comprised of section 111 of Pub. L. 106–386. Subsec. (d) of section 111 of Pub. L. 106–386 amended section 1182 of Title 8, Aliens and Nationality. AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 115–425, § 124(1), inserted ‘‘, or section 10102 of this title,’’ after ‘‘without regard to section 1701 of title 50’’ in introductory provisions. Subsec. (a)(1)(D). Pub. L. 115–425, § 124(2), added sub- par. (D). § 7109. Strengthening prosecution and punish- ment of traffickers (a) Omitted (b) Amendment to the Sentencing Guidelines (1) Pursuant to its authority under section 994 of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of offenses involving the traf- ficking of persons including component or re- lated crimes of peonage, involuntary servitude, slave trade offenses, and possession, transfer or sale of false immigration documents in further- ance of trafficking, and the Fair Labor Stand- ards Act [29 U.S.C. 201 et seq.] and the Migrant and Seasonal Agricultural Worker Protection Act [29 U.S.C. 1801 et seq.]. (2) In carrying out this subsection, the Sen- tencing Commission shall— (A) take all appropriate measures to ensure that these sentencing guidelines and policy statements applicable to the offenses de- scribed in paragraph (1) of this subsection are sufficiently stringent to deter and adequately reflect the heinous nature of such offenses; (B) consider conforming the sentencing guidelines applicable to offenses involving trafficking in persons to the guidelines appli- cable to peonage, involuntary servitude, and slave trade offenses; and (C) consider providing sentencing enhance- ments for those convicted of the offenses de- scribed in paragraph (1) of this subsection that— (i) involve a large number of victims; (ii) involve a pattern of continued and fla- grant violations; (iii) involve the use or threatened use of a dangerous weapon; or (iv) result in the death or bodily injury of any person. (3) The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not ex- pired. (Pub. L. 106–386, div. A, § 112, Oct. 28, 2000, 114 Stat. 1486.) Editorial Notes REFERENCES IN TEXT The Fair Labor Standards Act, referred to in subsec. (b)(1), probably means the Fair Labor Standards Act of 1938, act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§ 201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables. The Migrant and Seasonal Agricultural Worker Pro- tection Act, referred to in subsec. (b)(1), is Pub. L. 97–470, Jan. 14, 1983, 96 Stat. 2584, which is classified generally to chapter 20 (§ 1801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 29 and Tables. The Sentencing Act of 1987, referred to in subsec. (b)(3), is Pub. L. 100–182, Dec. 7, 1987, 101 Stat. 1266. Sec- tion 21(a) of the Act is set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of this Act to the Code, see Short Title of 1987 Amendment note set out under sec- tion 3551 of Title 18, Crimes and Criminal Procedure, and Tables. CODIFICATION Section is comprised of section 112 of Pub. L. 106–386. Subsec. (a) of section 112 of Pub. L. 106–386 enacted sec- tions 1589 to 1594 of Title 18, Crimes and Criminal Pro- cedure, and amended sections 1581, 1583, and 1584 of Title 18.