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 fiscal year 2010. It withholds certain U.S. funding from Burma, North Korea, Zimbabwe, Cuba, Eritrea, Fiji, Iran, and Syria due to inadequate anti-trafficking efforts, while granting national-interest waivers allowing continued assistance to Chad, Kuwait, Malaysia, Mauritania, Niger, Papua New Guinea, Saudi Arabia, and Sudan, plus targeted waivers for Burma, Eritrea, Fiji, Iran, Syria, and Zimbabwe for specific programs.

Federal Register Open PDF 74 FR 48365

Impact dates

Sep 14, 2009
Determination effective for fiscal year 2010

Key directives

Withhold certain FY2010 funding from Burma, DPRK, and Zimbabwe under section 110(d)(1)(A)(i)
Withhold certain FY2010 funding from Cuba, Eritrea, Fiji, Iran, and Syria under section 110(d)(1)(A)(ii)
Defer to Secretary of State determination on Swaziland under section 110(d)(3)
Authorize full assistance to Chad, Kuwait, Malaysia, Mauritania, Niger, Papua New Guinea, Saudi Arabia, and Sudan under national interest waiver
Grant partial waiver for Burma allowing infectious disease program funding
Grant partial waivers for Eritrea, Fiji, Iran, and Syria allowing educational and cultural exchange program funding
Grant broad partial waiver for Zimbabwe covering trafficking victim assistance, health, governance, education, agriculture, poverty reduction, livelihoods, family planning, and vulnerable population protection
Authorize multilateral assistance to Eritrea, Fiji, and Zimbabwe meeting five specified criteria
Submit determination to Congress and publish in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Funding restrictions take effect for FY2010
Partial waivers authorized for specified programs

Near term (90d)

Secretary of State to report to Congress on compliance determinations

Long term

Continued annual determinations required by TVPA
Potential compliance review and sanctions modification

Risks & tensions

Human rights vs. diplomatic engagement tension: waivers for exchange programs with Eritrea, Fiji, Iran, Syria may be criticized as rewarding poor performers
Broad Zimbabwe waiver covers nearly all assistance categories, potentially diluting sanctions leverage
Saudi Arabia receives full national-interest waiver despite persistent trafficking concerns, suggesting strategic priorities override enforcement
No explicit deadline for Secretary of State's compliance report to Congress—timing uncertain