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Presidential Determination

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

This determination applies sanctions and partial waivers under the Trafficking Victims Protection Act of 2000 for FY 2016, withholding certain U.S. funding from governments that fail to meet minimum anti-trafficking standards (North Korea, Equatorial Guinea, Iran, South Sudan, Venezuela, Yemen, Zimbabwe, Eritrea, Russia, Syria) while granting national-interest waivers for specific programs in multiple countries. The Secretary of State is directed to submit the determination to Congress and publish it in the Federal Register.

Federal Register Open PDF 80 FR 62435

Impact dates

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

  2. Determination effective for FY 2016 funding decisions

Key directives

  • Withhold certain FY 2016 funding from DPRK, Equatorial Guinea, Iran, South Sudan, Venezuela, Yemen, Zimbabwe until compliance with minimum standards (section 110(d)(1)(A)(i))
  • Withhold certain FY 2016 funding from Eritrea, Russia, Syria until compliance (section 110(d)(1)(A)(ii))
  • Grant full waiver for specified programs to Algeria, Belarus, Belize, Burundi, CAR, Comoros, Gambia, Guinea-Bissau, Kuwait, Libya, Marshall Islands, Mauritania, Thailand
  • Grant partial waiver for Yemen (excluding IMET, FMF, EDA)
  • Grant partial waiver for South Sudan (excluding FMF, FMS, EDA)
  • Grant waiver for South Sudan section 1208 NDAA 2014 assistance
  • Grant partial waiver for Venezuela democracy programs
  • Grant partial waiver for Eritrea, Russia, Syria educational/cultural exchanges
  • Grant partial waiver for Equatorial Guinea (health capacity, self-help, young leader exchanges)
  • Grant waiver for Equatorial Guinea, South Sudan, Syria, Venezuela, Yemen for section 110(d)(1)(B) assistance
  • Grant partial waiver for Zimbabwe (humanitarian demining, trafficking victim assistance, health, governance, education, agriculture, family planning, macroeconomic growth, biodiversity)
  • Grant partial waiver for Zimbabwe for section 110(d)(1)(B) assistance meeting six specified criteria

Who is ordered

Timeline

Immediate

  • Funding restrictions take effect for FY 2016 for non-compliant countries
  • Partial waivers authorize specified programs to continue

Near term (90d)

  • Secretary of State to report to Congress on compliance determinations under section 110(b)

Long term

  • Continued conditional engagement pending compliance with minimum standards
  • Potential shift in aid flows based on future trafficking compliance assessments

Risks & tensions

  • Tension between sanctions pressure and humanitarian/national security interests addressed through extensive waiver system
  • Yemen and South Sudan partial military aid suspensions during active conflicts may affect security partnerships
  • Zimbabwe waiver complexity creates administrative burden and potential implementation disputes over 10% benefit threshold and 'primary objective' determinations
  • Russia and Syria sanctions during heightened geopolitical tensions may be viewed through lens broader than trafficking compliance
Presidential Determination: Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in Persons · Executive Orders