22 U.S.C. § 7107 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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 1 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 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;
(B) a list of those countries, if any, to which the minimum standards for the elimination of trafficking are applicable and whose governments do not yet fully comply with such standards but are making significant efforts to bring themselves into compliance;
(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; and
(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.
(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 absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;
(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; or
(III) 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.
(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 the last annual report.
(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 2 years 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) Public 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 provide a detailed description of the credible evidence supporting such determination on a publicly available website maintained by the Department of State.
(3) Significant efforts
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—
(A) the extent to which the country is a country of origin, transit, or destination for severe forms of trafficking;
(B) 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; and
(C) what measures are reasonable to bring the government into compliance with the minimum standards in light of the resources and capabilities of the government.
(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 Multilateral Investment Guaranty Agency.
(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) 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.
(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.)
heading: References in Text
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 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.
heading: Amendments
text: 2013—Subsec. (b)(1). Pub. 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. (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), 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). 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 subpar. (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 cultural exchange programs” after “foreign assistance”.
Subsec. (f). Pub. L. 108–193, § 6(i), added subsec. (f).
heading: Translation of Trafficking-in-Persons Report
text: 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 Protection Act of 2000 (22 U.S.C. 7107(b)) 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(b)(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.”
heading: Presidential Determination With Respect to Foreign Governments’ Efforts Regarding Trafficking in Persons
text: Determination of President of the United States, No. 2017–15, Sept. 30, 2017, 82 F.R. 50047, 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:
Section 1. As provided for in section 110(d)(1)(A)(i) of the Act, I determine that the United States will not provide nonhumanitarian, nontrade-related assistance to the governments of the Democratic Republic of the Congo (DRC), Equatorial Guinea, Iran, South Sudan, Sudan, and Venezuela during Fiscal Year (FY) 2018, except that such assistance may be provided to such a government if, in a report to the Congress under section 110(b) of the Act, the Secretary of State determines that the government complies with the Act’s minimum standards or has made significant efforts to bring itself into compliance with the Act.
Sec. 2. As provided in section 110(d)(1)(A)(ii) of the Act, I determine 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 Eritrea, Democratic People’s Republic of Korea, Russia, and Syria for FY 2018, except that such assistance may be provided to, or such funding may be allowed for officials of, such a government if, in a report to the Congress under section 110(b) of the Act, the Secretary of State determines that the government complies with the Act’s minimum standards or has made significant efforts to bring itself into compliance with the Act.
Sec. 3.. [sic] As provided 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 all loans to, and all other uses of those institutions’ funds that benefit, the governments of Iran, the Democratic People’s Republic of Korea, and Russia for FY 2018. Notwithstanding the foregoing, the Executive Directors may vote to allow loans to be made, and the institutions’ funds to be used for, humanitarian assistance; trade-related assistance; and development assistance that directly addresses basic human needs, is not administered by the government of such country, and confers no benefit to such a government. They may also vote to allow loans to be made to, and the institutions’ funds to be used to benefit, any such government that complies with the minimum standards of the Act or makes significant efforts to bring itself into compliance with the Act.
Sec. 4. Consistent with section 110(d)(4) of the Act, I determine that a partial waiver of the Act with respect to the DRC and South Sudan to allow assistance described in section 110(d)(1)(A)(i) of the Act—with exception for Foreign Military Financing (FMF), Foreign Military Sales (FMS), International Military Education and Training (IMET), and Excess Defense Articles (EDA)—would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 5. Consistent with section 110(d)(4) of the Act, I determine that a partial waiver of the Act with respect to Equatorial Guinea to allow assistance described in section 110(d)(1)(A)(i) of the Act for programs to promote sustainable natural resource management and biodiversity and programs to advance energy access, support regional training to combat infectious diseases, and participation in the Young African Leaders Initiative would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 6. Consistent with section 110(d)(4) of the Act, I determine that a partial waiver of the Act with respect to Sudan to allow assistance described in section 110(d)(1)(A)(i) of the Act—with exception for FMF, FMS, IMET, and EDA—would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 7. Consistent with section 110(d)(4) of the Act, I determine that a partial waiver of the Act with respect to Venezuela to allow assistance described in section 110(d)(1)(A)(i) of the Act for health programs, programs designed to strengthen the democratic process in Venezuela, and for government officials and employees to participate in foreign assistance-funded programs related to democracy and the rule of law would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 8. Consistent with section 110(d)(4) of the Act, I determine that a partial waiver of the Act with respect to Eritrea, Russia, and Syria to allow assistance described in section 110(d)(1)(A)(ii) of the Act for educational and cultural exchange programs would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 9. Consistent with section 110(d)(4) of the Act, I determine that the provision of all programs, projects, and activities described in section 110(d)(1)(A)(i) of the Act to the governments of Belarus, Belize, Burundi, the Central African Republic, China, Comoros, Republic of the Congo, Guinea, Guinea-Bissau, Mali, Mauritania, Turkmenistan, and Uzbekistan would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 10. 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 Belarus, Belize, Burundi, the Central African Republic, China, Comoros, DRC, Republic of the Congo, Equatorial Guinea, Eritrea, Guinea, Guinea-Bissau, Mali, Mauritania, South Sudan, Sudan, Syria, Turkmenistan, Uzbekistan, and Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States.
Sec. 11. You are authorized and directed to submit this determination, the certification required by section 110(e) of the Act, and the Department of State’s Memorandum of Justification, on which I have relied, to the Congress, and to publish the determination in the Federal Register.
Donald J. Trump.
Prior determinations and certifications regarding trafficking in persons were contained in the following:
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.
heading: Delegation of Waiver Authority Pursuant to Section 107(a) of Public Law 110–457
text: 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.
heading: Delegation of Authority Under Sections 110(c) and (d)(4) of the Trafficking Victims Protection Act of 2000
text: 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, Feb. 3, 2012, 77 F.R. 11375.—Burma, fiscal year 2012.