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Presidential Determination

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

This presidential determination implements the Trafficking Victims Protection Act of 2000 by withholding certain U.S. funding from 11 countries for FY2012 due to inadequate anti-trafficking efforts, while granting waivers for 13 other countries and partial waivers for specific programs in Burma, Cuba, Venezuela, Iran, DRC, Equatorial Guinea, and Zimbabwe on national interest grounds. The Secretary of State is directed to submit the determination to Congress and publish it in the Federal Register.

Federal Register Open PDF 76 FR 62599

Impact dates

  1. Determination effective; FY2012 funding restrictions and waivers apply

Key directives

  • Withhold certain funding from Burma, DRC, Equatorial Guinea, Zimbabwe for FY2012 under section 110(d)(1)(A)(i)
  • Withhold certain funding from Cuba, DPRK, Eritrea, Iran, Madagascar, Venezuela for FY2012 under section 110(d)(1)(A)(ii)
  • Grant full waivers for 13 countries under section 110(d)(4)
  • Grant partial waivers for specific programs in Burma, Cuba, Venezuela, Iran, DRC, Equatorial Guinea, Zimbabwe
  • Submit determination to Congress
  • Publish determination in Federal Register

Who is ordered

Timeline

Immediate

  • Funding restrictions and waivers take effect for FY2012
  • Determination submitted to Congress and published in Federal Register

Near term (90d)

  • Secretary of State to report to Congress under section 110(b) of the Act on compliance efforts by restricted countries

Long term

  • Continued monitoring of countries' anti-trafficking compliance
  • Potential restoration of full funding if countries meet minimum standards or make significant efforts

Risks & tensions

  • Tension between human rights conditionality and strategic interests in partial waivers for countries like Saudi Arabia and Venezuela
  • Partial waivers for Burma, Cuba, Iran, Venezuela may draw congressional scrutiny
  • Unclear whether 'until such governments comply' creates open-ended restriction or triggers annual review
Presidential Determination: Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in Persons · Executive Orders