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

This determination applies sanctions under the Trafficking Victims Protection Act for FY 2021, withholding nonhumanitarian, nontrade-related assistance from countries failing to meet minimum anti-trafficking standards (Burundi, China, Cuba, DPRK, Eritrea, Iran, Nicaragua, Russia, Syria) and restricting educational/cultural exchanges for some. It also instructs U.S. representatives at multilateral development banks to vote against loans to designated countries, while granting partial waivers for COVID-19, Ebola, anti-trafficking programs, and specific countries including Afghanistan, Burma, and others.

Federal Register Open PDF 85 FR 71209

Impact dates

Sep 28, 2020
FY 2021 assistance restrictions effective

Key directives

Withhold nonhumanitarian, nontrade-related assistance from 9 governments for FY 2021
Deny educational/cultural exchange program participation for officials/employees of Cuba, DPRK, Syria
Instruct U.S. Executive Directors at multilateral development banks and IMF to vote against and deny loans to 10 governments
Grant partial waivers for COVID-19 pandemic response assistance
Grant partial waivers for Ebola virus disease response assistance
Grant partial waivers for anti-trafficking compliance assistance
Grant partial waiver for Burma excluding GHP, PKO, FMF, IMET, FMS, Excess Defense Articles
Grant partial waiver for IMET to Comoros
Grant partial waiver for PKO and Development Assistance to South Sudan
Grant full waiver for assistance to Afghanistan, Algeria, Belarus, Lesotho, Papua New Guinea, Turkmenistan, Venezuela
Grant waiver for multilateral bank assistance to Afghanistan, Algeria, Belarus, Burma, Lesotho, Papua New Guinea, South Sudan, Turkmenistan, Venezuela
Submit determination, certification, and Memorandum of Justification to Congress

Who is ordered

Timeline

Immediate

Submission to Congress and Federal Register publication directed
FY 2021 assistance restrictions take effect for designated countries

Near term (90d)

—

Long term

Ongoing compliance monitoring for countries to meet minimum standards or make significant efforts
Potential lifting of restrictions if countries come into compliance

Risks & tensions

Potential tension between human rights conditionality and geopolitical interests in countries like China, Russia, Iran
COVID-19 and Ebola waivers reflect tension between sanctions and humanitarian needs during pandemics
Burma partial waiver excluding military-linked programs suggests concern about security assistance to government with trafficking record
Significant country-specific variation in waivers may raise questions about consistency of application