ExecutiveOrdersEO
DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons

This determination implements sanctions and waivers under the Trafficking Victims Protection Act of 2000 for fiscal year 2006. It withholds certain U.S. funding from Cambodia, Venezuela, Burma, Cuba, and North Korea due to inadequate anti-trafficking efforts, while granting national-interest waivers allowing continued assistance to Cambodia, Ecuador, Kuwait, Saudi Arabia, and Venezuela for specific programs.

Federal Register Open PDF 70 FR 57481

Impact dates

  1. Secretary of State report to Congress on compliance determinations

  2. Federal Register publication filed

Key directives

  • Withhold certain funding from Cambodia and Venezuela for FY2006 until compliance with minimum standards
  • Withhold certain funding from Burma, Cuba, and DPRK for FY2006 until compliance
  • Acknowledge Secretary of State determinations for Bolivia, Jamaica, Qatar, Sudan, Togo, and UAE
  • Waive restrictions for Cambodia on programs for trafficking victims, good governance, and vulnerable populations
  • Waive all restrictions for Ecuador, Kuwait, and Saudi Arabia as in national interest
  • Waive restrictions for Venezuela on programs for trafficking victims, democratic strengthening, and public diplomacy
  • Waive restrictions for Cambodia and Venezuela on specific categories of regional, humanitarian, complementary, legal system, and anti-trafficking assistance
  • Submit determination to Congress and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Funding restrictions take effect for FY2006
  • Waiver determinations for specified programs become operative

Near term (90d)

  • Secretary of State to report to Congress on compliance determinations

Long term

  • Continued annual cycle of trafficking assessments under TVPA
  • Potential lifting of sanctions if countries achieve compliance

Risks & tensions

  • Selective waiver application creates tension between human rights pressure and strategic interests (Kuwait, Saudi Arabia, Venezuela oil)
  • Cambodia and Venezuela receive both sanctions and partial waivers, creating mixed signals
  • 10% regional benefit threshold for waivers may be difficult to monitor and enforce
  • Document does not specify deadline for Secretary of State's compliance report to Congress
Presidential Determination: Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons · Executive Orders