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

This determination imposes foreign assistance restrictions on Burma, Zimbabwe, Cuba, North Korea, Eritrea, and Iran for FY2011 due to inadequate anti-trafficking efforts, while granting partial waivers for specific programs. It also waives restrictions entirely for seven additional countries (DRC, Dominican Republic, Kuwait, Mauritania, Papua New Guinea, Saudi Arabia, Sudan) and authorizes the Secretary of State to submit the determination to Congress and publish it in the Federal Register.

Federal Register Open PDF 75 FR 67017

Impact dates

Sep 10, 2010
Determination effective for FY2011 assistance restrictions and waivers

Key directives

Withhold certain assistance from Burma and Zimbabwe governments for FY2011 until compliance with anti-trafficking standards
Withhold certain assistance from Cuba, DPRK, Eritrea, and Iran governments for FY2011 until compliance
Waive restrictions for DRC, Dominican Republic, Kuwait, Mauritania, Papua New Guinea, Saudi Arabia, and Sudan
Grant partial waiver for Burma to fund infectious disease labs and offices
Grant partial waiver for Cuba and Iran for educational and cultural exchange programs
Grant partial waiver for Zimbabwe for trafficking victim assistance, health, governance, education, agriculture, food security, poverty reduction, livelihoods, family planning, macroeconomic growth, and anti-corruption programs
Grant partial waiver for Zimbabwe for specific categories of assistance under section 110(d)(1)(B) including regional programs, basic human needs programs, complementary programs, legal system improvement, and anti-trafficking programs
Submit determination to Congress
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Assistance restrictions take effect for FY2011 for Burma, Zimbabwe, Cuba, DPRK, Eritrea, Iran
Partial waivers for specific programs in Burma, Cuba, Iran, Zimbabwe take effect
Full waivers for seven countries take effect

Near term (90d)

Secretary of State to submit determination to Congress
Publication in Federal Register

Long term

Countries must comply with minimum anti-trafficking standards or make significant efforts to lift restrictions
Secretary of State to report to Congress on compliance under section 110(b)

Risks & tensions

Tension between pressuring governments on human trafficking and maintaining diplomatic/health programs (waivers for infectious disease, educational exchanges)
Zimbabwe waiver is exceptionally broad, potentially undermining sanctions pressure
Saudi Arabia and Kuwait receive full waivers despite persistent trafficking concerns, suggesting geopolitical considerations may override human rights criteria
Congressional reporting requirement creates accountability mechanism but timing is vague