22 U.S.C. § 7107 — Actions against governments failing to

Page 1919 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7107 ered, on a case-by-case basis, whether to be considered an indicator of serious and sustained efforts to elimi- nate severe forms of trafficking in persons.’’ for period at end of first sentence. Subsec. (b)(2). Pub. L. 110–457, § 106(2)(B), inserted ‘‘, including by providing training to law enforcement and immigration officials regarding the identification and treatment of trafficking victims using approaches that focus on the needs of the victims’’ before period at end. Subsec. (b)(3). Pub. L. 110–457, § 106(2)(C), substituted ‘‘measures to establish the identity of local popu- lations, including birth registration, citizenship, and nationality’’ for ‘‘measures to reduce the demand for commercial sex acts and for participation in inter- national sex tourism by nationals of the country’’. Subsec. (b)(11). Pub. L. 110–457, § 106(2)(D), added par. (11). 2006—Subsec. (b)(3). Pub. L. 109–164, § 104(b)(1), in- serted before period at end ‘‘, measures to reduce the demand for commercial sex acts and for participation in international sex tourism by nationals of the coun- try, measures to ensure that its nationals who are de- ployed abroad as part of a peacekeeping or other simi- lar mission do not engage in or facilitate severe forms of trafficking in persons or exploit victims of such traf- ficking, and measures to prevent the use of forced labor or child labor in violation of international standards’’. Subsec. (b)(7). Pub. L. 109–164, § 104(b)(2), substituted ‘‘persons, including nationals of the country who are deployed abroad as part of a peacekeeping or other similar mission who engage in or facilitate severe forms of trafficking in persons or exploit victims of such trafficking,’’ for ‘‘persons,’’ in first sentence. 2003—Subsec. (b)(1). Pub. L. 108–193, § 6(d)(1), sub- stituted ‘‘, and convicts and sentences persons respon- sible for such acts, that take place wholly or partly within the territory of the country’’ for ‘‘that take place wholly or partly within the territory of the coun- try’’ and inserted two sentences at end relating to pre- sumption that foreign government has not vigorously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and disregard of presumption by Secretary of State under certain cir- cumstances. Subsec. (b)(7). Pub. L. 108–193, § 6(d)(2), substituted ‘‘, prosecutes, convicts, and sentences’’ for ‘‘and pros- ecutes’’ and inserted two sentences at end relating to presumption that foreign government has not vigor- ously investigated, prosecuted, convicted or sentenced acts of severe forms of trafficking in persons and dis- regard of presumption by Secretary of State under cer- tain circumstances. Subsec. (b)(8) to (10). Pub. L. 108–193, § 6(d)(3), added pars. (8) to (10). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–164, title I, § 104(b)(2), Jan. 10, 2006, 119 Stat. 3564, provided that: ‘‘The amendments made by subparagraphs (A) and (B) of paragraph (1) [amending this section] take effect beginning two years after the date of the enactment of this Act [Jan. 10, 2006].’’ § 7107. Actions against governments failing to meet minimum standards (a) Statement of policy It is the policy of the United States not to pro- vide nonhumanitarian, nontrade-related foreign assistance to any government that— (1) does not comply with minimum stand- ards 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 Sec- retary 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 enumer- ated in section 7106 of this title, and the na- ture and scope of trafficking in persons in each country and analysis of the trend lines for individual governmental efforts. The re- port 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 elimi- nation of trafficking are applicable and whose governments fully comply with such standards based only on concrete actions taken by the country that are recorded dur- ing the reporting period; (B) a list of those countries, if any, to which the minimum standards for the elimi- nation of trafficking are applicable and whose governments do not yet fully comply with such standards but are making signifi- cant efforts to bring themselves into compli- ance 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; (C) a list of those countries, if any, to which the minimum standards for the elimi- nation of trafficking are applicable and whose governments do not fully comply with such standards and are not making signifi- cant efforts to bring themselves into compli- ance; (D) information on the measures taken by the United Nations, the Organization for Se- curity and Cooperation in Europe, the North Atlantic Treaty Organization and, as appro- priate, other multilateral organizations in which the United States participates, to pre- vent the involvement of the organization’s employees, contractor personnel, and peace- keeping forces in trafficking in persons or the exploitation of victims of trafficking; (E) reporting and analysis on the emer- gence or shifting of global patterns in human trafficking, including data on the number of victims trafficked to, through, or from major source and destination coun- tries, disaggregated by nationality, gender, and age, to the extent possible; (F) emerging issues in human trafficking; (G) a section entitled ‘‘Promising Prac- tices in the Eradication of Trafficking in Persons’’ to highlight effective practices and use of innovation and technology in preven- tion, protection, prosecution, and partner- ships, including by foreign governments, the private sector, and domestic civil society ac- tors; and (H) for each country included in a different list than the country had been placed in the previous annual report, a detailed expla- nation of how the concrete actions (or lack of such actions) undertaken (or not under- taken) by the country during the previous Page 1920 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7107 reporting period contributed to such change, including a clear linkage between such ac- tions and the minimum standards enumer- ated in section 7106 of this title. (2) Special watch list (A) Submission of list Not later than the date on which the de- terminations 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 con- gressional committees a list of countries that the Secretary determines requires spe- cial scrutiny during the following year. The list shall be composed of the following coun- tries: (i) Countries that have been listed pursu- ant to paragraph (1)(A) in the current an- nual report and were listed pursuant to paragraph (1)(B) in the previous annual re- port. (ii) Countries that have been listed pur- suant to paragraph (1)(B) pursuant to the current annual report and were listed pur- suant to paragraph (1)(C) in the previous annual report. (iii) Countries that have been listed pur- suant to paragraph (1)(B) pursuant to the current annual report, where— (I) the estimated number of victims of severe forms of trafficking is very sig- nificant or is significantly increasing and the country is not taking propor- tional concrete actions; or (II) there is a failure to provide evi- dence of increasing efforts to combat se- vere forms of trafficking in persons from the previous year, including increased investigations, prosecutions and convic- tions of trafficking crimes, increased as- sistance to victims, and decreasing evi- dence 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 as- sessment of the progress that each country on the special watch list described in sub- paragraph (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 fol- lowing year as to whether a country is com- plying with the minimum standards for the elimination of trafficking or whether a country is making significant efforts to bring itself into compliance with such stand- ards. (D) Countries on special watch list for 2 con- secutive 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 coun- tries 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 Presi- dent determines, and reports credible evi- dence to the Committee on Foreign Rela- tions of the Senate and the Committee on Foreign Affairs of the House of Represent- atives, that such a waiver is justified be- cause— (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 traf- ficking; (II) the plan, if implemented, would constitute making such significant ef- forts; and (III) the country is devoting sufficient resources to implement the plan. (E) Congressional notice Not later than 30 days after notifying Con- gress 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 de- termination on a publicly available website maintained by the Department of State; and (ii) offer to brief the Committee on For- eign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Representatives on any written plan sub- mitted by the country under subparagraph (D)(ii)(I), with an opportunity to review the written plan. (F) Special rule for certain countries on spe- cial 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 author- ity 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 coun- try 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; Page 1921 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7107 1 So in original. No subpar. (C) has been enacted. (ii) the extent of noncompliance with the minimum standards by the government and, particularly, the extent to which offi- cials 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 gov- ernment. (B) Proof of failure to make significant ef- forts 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 min- imum standards for the elimination of traf- ficking, the Secretary of State shall con- sider, 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-affili- ated medical services, agriculture, for- estry, mining, construction, or other sec- tors); (iv) sexual slavery in government camps, compounds, or outposts; or (v) employing or recruiting child sol- diers. (D) 1 the extent to which the government of the country is devoting sufficient budg- etary resources— (i) to investigate and prosecute acts of severe trafficking in persons; (ii) to convict and sentence persons re- sponsible 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 traf- ficking 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 traf- ficking 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 Mon- itor and Combat Trafficking and the Assist- ant Secretary of the appropriate regional bureau, in consultation with appropriate of- ficials from the government of each country described in paragraph (2)(A)(ii), and with the assistance of the United States Ambas- sador or Charge d’Affaires in each country, shall— (i) prepare an action plan for each coun- try upgraded from Tier 3 to Tier 2 Watchlist to further improve such coun- try’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 para- graph— (i) shall include specific concrete actions to be taken by the country to sub- stantively address deficiencies preventing the country from meeting Tier 2 stand- ards, 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 ap- propriate regional Assistant Secretaries shall make themselves available to brief the Committee on Foreign Relations of the Sen- ate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Com- mittee on Appropriations of the House of Representatives on the implementation of each action plan prepared under this para- graph. (D) Savings provision Nothing in this paragraph may be con- strued as modifying— (i) minimum standards for the elimi- nation of trafficking under section 7106 of this title; or (ii) the actions against governments fail- ing 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 Presi- dent shall submit to the appropriate congres- sional committees a notification of one of the determinations listed in subsection (d) with re- spect to each foreign country whose govern- ment, 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 sub- section (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— Page 1922 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7107 2 See References in Text note below. (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 gov- ernment complies with the minimum stand- ards or makes significant efforts to bring itself into compliance; or (ii) in the case of a country whose govern- ment 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 edu- cational and cultural exchange programs for the subsequent fiscal year until such govern- ment 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 multilat- eral development bank and of the Inter- national 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 assist- ance, for trade-related assistance, or for de- velopment assistance which directly ad- dresses basic human needs, is not adminis- tered by the government of the sanctioned country, and confers no benefit to that gov- ernment) for the subsequent fiscal year until such government complies with the min- imum 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 ac- companied by a description of the specific re- striction 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 govern- ment 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 non- humanitarian, nontrade-related foreign assist- ance or funding for participation in edu- cational and cultural exchange programs, or the multilateral assistance described in para- graph (1)(B), or both, would promote the pur- poses of this chapter or is otherwise in the na- tional 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-re- lated foreign assistance or funding for par- ticipation in educational and cultural ex- change 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 fol- lowing institutions: the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter- American Development Bank, the Asian De- velopment Bank, the Inter-American Invest- ment Corporation, the African Development Bank, the African Development Fund, the Eu- ropean Bank for Reconstruction and Develop- ment, and the Multilateral Investment Guar- anty Agency. (e) Certification Together with any notification under sub- section (c), the President shall provide a certifi- cation by the Secretary of State that, with re- spect to any assistance described in clause (ii), (iii), or (v) of section 7102(8)(A) 2 of this title, or with respect to any assistance described in sec- tion 7102(8)(B) 2 of this title, no assistance is in- tended 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 determina- tion 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.) Page 1923 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7107 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(4), was in the original ‘‘this division’’, meaning division A of Pub. L. 106–386, Oct. 28, 2000, 114 Stat. 1466, known as the Traf- ficking Victims Protection Act of 2000, which is classi- fied principally to this chapter. For complete classi- fication 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 Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503. AMENDMENTS 2021—Subsec. (b)(1). Pub. L. 116–283 substituted ‘‘June 30’’ for ‘‘June 1’’. 2019—Subsec. (b)(1). Pub. L. 115–427, § 6(1)(A), sub- stituted ‘‘The report shall, to the extent concurrent re- porting 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. (b)(1)(A). Pub. 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. (b)(1)(B). Pub. 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 ‘‘compli- ance’’. Subsec. (b)(1)(H). Pub. L. 115–427, § 6(1)(D)–(F), added subpar. (H). Subsec. (b)(2)(A)(iii)(I). Pub. 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. (b)(2)(A)(iii)(III). Pub. L. 115–427, § 6(2)(A)(iii), struck out subcl. (III) which read as follows: ‘‘the deter- mination 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. (b)(2)(B). Pub. L. 115–427, § 6(2)(B), substituted ‘‘April 1 of the previous year’’ for ‘‘the last annual re- port’’. Subsec. (b)(2)(D)(ii). Pub. L. 115–427, § 6(2)(C), sub- stituted ‘‘1 year’’ for ‘‘2 years’’ in introductory provi- sions. Subsec. (b)(2)(E). Pub. L. 115–427, § 6(2)(D), substituted ‘‘Congressional’’ for ‘‘Public’’ in heading and ‘‘shall—’’ and cls. (i) and (ii) for ‘‘shall provide a detailed descrip- tion of the credible evidence supporting such deter- mination on a publicly available website maintained by the Department of State.’’ Subsec. (b)(2)(F). Pub. L. 115–425, § 203(1)(B), added subpar. (F). Subsec. (b)(3). Pub. L. 115–425, § 203(2), designated ex- isting 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. (b)(3)(C). Pub. L. 115–427, § 6(3)(B), which di- rected striking the semicolon at end and inserting a pe- riod, could not be executed because there is no subpar. (C). See amendment of subsec. (b)(3) by Pub. L. 115–425, § 203(2) above. Subsec. (b)(3)(D) to (F). Pub. L. 115–427, § 6(3)(A), (C), added subpars. (D) to (F). Subsec. (b)(4). Pub. L. 115–427, § 6(4), added par. (4). 2013—Subsec. (b)(1). Pub. L. 113–4, § 1205(1)(A), in in- troductory provisions, substituted ‘‘describing the anti- trafficking efforts of the United States and foreign gov- ernments according to the minimum standards and cri- teria enumerated in section 7106 of this title, and the nature and scope of trafficking in persons in each coun- try and analysis of the trend lines for individual gov- ernmental efforts. The report should include—’’ for ‘‘with respect to the status of severe forms of traf- ficking in persons that shall include—’’. Subsec. (b)(1)(G). Pub. L. 113–4, § 1205(1)(B)–(D), added subpar. (G). Subsec. (b)(2) to (4). Pub. L. 113–4, § 1205(2)–(4), redesig- nated 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). Pub. L. 113–4, § 1212(b)(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. (b)(1)(E), (F). Pub. L. 110–457, § 108(b), added subpars. (E) and (F). Subsec. (b)(3)(D). Pub. L. 110–457, § 107(a), added sub- par. (D). Subsec. (d)(1)(A)(ii). Pub. L. 110–457, § 107(b), 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. (b)(1)(D). Pub. L. 109–164 added subpar. (D). 2003—Subsec. (b)(3), (4). Pub. L. 108–193, § 6(e), added par. (3) and redesignated former par. (3) as (4). Subsec. (d)(4). Pub. 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). Pub. L. 108–193, § 6(h)(2), inserted ‘‘or funding for participation in educational and cul- tural exchange programs’’ after ‘‘foreign assistance’’. Subsec. (f). Pub. 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 Pub. L. 115–427, § 7(a), Jan. 9, 2019, 132 Stat. 5507, pro- vided that: ‘‘(a) IN GENERAL.—Not less than annually, the Sec- retary 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(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b))— ‘‘(1) a copy of the annual Trafficking in Persons re- port; and ‘‘(2) information pertinent to that country’s down- grade, including— ‘‘(A) confirmation of the country’s designation to the Tier 2 Watch List; ‘‘(B) the implications associated with such des- ignation and the consequences for the country of a downgrade to Tier 3; ‘‘(C) the factors that contributed to the down- grade; 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 Pub. L. 115–425, title II, § 204(b), Jan. 8, 2019, 132 Stat. 5484, provided that: ‘‘(1) IN GENERAL.—The Administrator of the United States Agency for International Development shall in- corporate into the relevant country development co- operation strategy for each country on the list de- scribed in paragraph (1)(C) of section 110(b) of the Traf- ficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) 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 traf- ficking reduction strategies required under paragraph (1) shall— ‘‘(A) address the root causes of insecurity that leave children and youth vulnerable to trafficking; and Page 1924 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7107 ‘‘(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 Pub. 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(b) of the Trafficking Victims Pro- tection Act of 2000 (22 U.S.C. 7107(b)) into the prin- cipal 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(b)(1) of such Act; and ‘‘(2) ensure that the translations described in para- graph (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 EF- FORTS OF FOREIGN GOVERNMENTS REGARDING TRAF- FICKING IN PERSONS Determination of President of the United States, No. 2024–14, Sept. 30, 2024, 89 F.R. 83769, provided: Memorandum for the Secretary of State Consistent with section 110 of the Trafficking Vic- tims 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 nonhumani- tarian, nontrade-related assistance to the Governments of Burma and Iran for Fiscal Year (FY) 2025 until such governments comply with the Act’s minimum stand- ards 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 nonhumani- tarian, 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 People’s Republic of China (PRC)), Nica- ragua, the PRC, Russia, and Syria for FY 2025 until such governments comply with the Act’s minimum standards or make significant efforts to bring them- selves 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 institu- tion (other than for humanitarian assistance; for trade- related assistance; or for development assistance that directly addresses basic human needs, is not adminis- tered 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), Nica- ragua, the PRC, Russia, South Sudan, and Syria for FY 2025 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 deter- mine that the provision of all nonhumanitarian, nontrade-related foreign assistance programs, projects, activities, and funding for educational and cultural ex- change programs described in sections 110(d)(1)(A) and 110(d)(1)(B) of the Act to Brunei, 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 deter- mine that providing the assistance described in section 110(d)(1)(B) of the Act to Afghanistan, Cambodia, and Sudan would promote the purposes of the Act or is oth- erwise in the national interest of the United States; Consistent with section 110(d)(4) of the Act, I deter- mine that a partial waiver with respect to Belarus, Eri- trea, Macau (Special Administrative Region of the PRC), the PRC, and Russia to allow funding for edu- cational 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 in- terest of the United States; Consistent with section 110(d)(4) of the Act, with re- spect 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 and Glob- al 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 re- spect to Cambodia, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for all assistance and programs other than education programs funded from Development Assist- ance (DA) 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 re- spect 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 in- terest of the United States; and Consistent with section 110(d)(4) of the Act, with re- spect to Sudan, I determine that a partial waiver of the restriction described in section 110(d)(1)(A)(i) of the Act to allow for DA and GHP assistance would promote the purposes of the Act or is otherwise in the national in- terest of the United States. In addition, with respect to the Government of Sint Maarten, consistent with the United States Govern- ment’s firm stand against human trafficking, and until such government takes steps consistent with compli- ance with the minimum standards of the Act or makes significant efforts to do so, I hereby: (i) direct that ex- ecutive departments and agencies shall not provide nonhumanitarian, nontrade-related foreign assistance, as described in section 110(d)(1)(A) of the Act, to the Government of Sint Maarten; (ii) instruct the United States Executive Director of each multilateral develop- ment bank, as defined in the Act, and of the Inter- national 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 hu- manitarian assistance, for trade-related assistance, or for development assistance that directly addresses basic human needs, is not administered by such govern- ment, and confers no benefit to that government) to 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 Government of Sint Maarten in educational and cultural exchange pro- grams shall continue to be permitted in FY 2025, con- sistent with the foreign policy and all applicable laws of the United States. You are authorized and directed to submit this deter- mination, 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. 2023–14, Sept. 29, 2023, 88 F.R. 73523. 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 Reg- ister.] Determination of President of the United States, No. 2020–12, Sept. 28, 2020, 85 F.R. 71209. 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