Presidential Determination With Respect To Foreign Governments' Efforts Regarding Trafficking In Persons

This presidential determination imposes funding restrictions on Burma, North Korea, and Syria for FY2009 under the Trafficking Victims Protection Act due to their failure to meet minimum anti-trafficking standards, and on Cuba and Iran under a separate provision. It also grants full or partial waivers for assistance to several other countries—including Algeria, Fiji, Kuwait, Papua New Guinea, Qatar, Saudi Arabia, Sudan, North Korea (for Six-Party Talks programs), and Iran (for educational/cultural exchanges)—determining such aid serves U.S. national interests. The Secretary of State is directed to submit the determination and required certification to Congress and publish it in the Federal Register.

Federal Register Open PDF 73 FR 63839

Impact dates

Date TBD
Secretary of State report to Congress under section 110(b) determining compliance for restricted countries
Oct 17, 2008
Determination effective; FY2009 funding restrictions and waivers take effect

Key directives

Withhold certain funding from Burma, DPRK, and Syria for FY2009 until compliance with minimum anti-trafficking standards
Withhold certain funding from Cuba and Iran for FY2009 until compliance
Make determination regarding Moldova and Oman under section 110(d)(3)
Grant full waiver for Algeria, Fiji, Kuwait, Papua New Guinea, Qatar, Saudi Arabia, and Sudan for all assistance programs under sections 110(d)(1)(A)(i) and 110(d)(1)(B)
Grant partial waiver for DPRK for Six-Party Talks-related programs under section 110(d)(1)(A)(i)
Grant partial waiver for Iran for educational and cultural exchange programs under section 110(d)(1)(A)(ii)
Submit determination and section 110(e) certification to Congress
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Funding restrictions take effect for FY2009 for Burma, DPRK, Syria, Cuba, and Iran
Waivers take effect for Algeria, Fiji, Kuwait, Papua New Guinea, Qatar, Saudi Arabia, Sudan, DPRK (partial), and Iran (partial)
Submission to Congress and Federal Register publication directed

Near term (90d)

—

Long term

Continued annual determinations under TVPA required
Compliance by restricted countries could lead to restored funding
Secretary of State reporting to Congress under section 110(b) ongoing

Risks & tensions

Partial waiver for DPRK tied to Six-Party Talks creates tension between nonproliferation and human rights objectives
Iran educational/cultural exchange waiver may be seen as undermining pressure while restricting other aid
Saudi Arabia and Kuwait receiving full waivers despite trafficking concerns may draw congressional scrutiny
Document does not specify exact date for Secretary of State compliance report to Congress