DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

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

This determination applies sanctions and waivers under the Trafficking Victims Protection Act of 2000 for fiscal year 2007. It withholds certain U.S. funding from Burma, Venezuela, and Zimbabwe (Tier 3 countries) and from Cuba, North Korea, Iran, and Syria (special cases), while granting national-interest waivers allowing continued assistance to Saudi Arabia, Sudan, Uzbekistan, and partially for Iran, Syria, Venezuela, and Zimbabwe under specific conditions.

Impact dates

  1. Secretary of State report to Congress on compliance determinations pursuant to section 110(b)

  2. Determination effective for fiscal year 2007 funding restrictions and waivers

Key directives

  • Withhold certain FY2007 funding from Burma, Venezuela, Zimbabwe governments until compliance with anti-trafficking minimum standards
  • Withhold certain FY2007 funding from Cuba, DPRK, Iran, Syria governments until compliance
  • Direct Secretary of State to report to Congress on compliance determinations pursuant to section 110(b)
  • Waive funding restrictions for Saudi Arabia, Sudan, Uzbekistan on national interest grounds
  • Partially waive restrictions for Iran, Syria for educational and cultural exchange programs
  • Partially waive restrictions for Venezuela and Zimbabwe for specified programs (victim assistance, democratic strengthening, health, governance, anti-trafficking legal reform)
  • Waive restrictions for Venezuela/Zimbabwe assistance under five specific categories including regional programs under 10% threshold, basic human needs, complementary bilateral programs, legal system improvement, and targeted anti-trafficking efforts
  • Submit determination to Congress and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Funding restrictions take effect for FY2007
  • Waiver determinations for Saudi Arabia, Sudan, Uzbekistan, Iran, Syria, Venezuela, Zimbabwe take effect

Near term (90d)

  • Secretary of State to report to Congress on compliance determinations

Long term

  • Continued annual trafficking tier rankings and determinations required by TVPA
  • Potential lifting of sanctions if countries achieve compliance

Risks & tensions

  • Mix of sanctions and waivers creates inconsistent pressure—waivers for Saudi Arabia and Uzbekistan (strategic allies) may undercut anti-trafficking credibility
  • Venezuela and Zimbabwe waivers include 'democratic strengthening' and 'public diplomacy' language that could blur line between anti-trafficking and political objectives
  • 10% regional program threshold for Venezuela/Zimbabwe creates enforcement and monitoring challenge
  • No explicit calendar 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