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 You are in: Under Secretary for Democracy and Global Affairs > Office to Monitor and Combat Trafficking in Persons > Releases and Remarks > Press Releases > 2005
White House Press Release
Office of the Press Secretary
Washington, DC
September 21, 2005


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

[Country Reassessments]

Memorandum for the Secretary of State
Presidential Determination
No. 2005-37

SUBJECT: Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons

Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386), as amended, (the "Act"), I hereby:

  • Make the determination provided in section 110(d)(1)(A)(i) of the Act, with respect to Cambodia and Venezuela, not to provide certain funding for those countries' governments for fiscal year 2006, until such government complies with the minimum standards or makes significant efforts to bring itself into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act;

  • Make the determination provided in section 110(d)(1)(A)(ii) of the Act, with respect to Burma, Cuba, and the Democratic People's Republic of Korea (DPRK), not to provide certain funding for those countries' governments for fiscal year 2006, until such government complies with the minimum standards or makes significant efforts to bring itself into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act;

  • Make the determination provided in section 110(d)(3) of the Act, concerning the determinations of the Secretary of State with respect to Bolivia, Jamaica, Qatar, Sudan, Togo, and the United Arab Emirates;

  • Determine, consistent with section 110(d)(4) of the Act, with respect to Cambodia, for all programs, projects, or activities of assistance for victims of trafficking in persons or to combat such trafficking, for promoting good governance, or which would have a significant adverse effect on vulnerable populations if suspended, that provision to Cambodia of the assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such programs, projects, or activities would promote the purposes of the Act or is otherwise in the national interest of the United States;

  • Determine, consistent with section 110(d)(4) of the Act, with respect to Ecuador, that provision to Ecuador of all programs, projects, or activities of assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

  • Determine, consistent with section 110(d)(4) of the Act, with respect to Kuwait, that provision to Kuwait of all programs, projects, or activities of assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act is in the national interest of the United States;

  • Determine, consistent with section 110(d)(4) of the Act, with respect to Saudi Arabia, that provision to Saudi Arabia of all programs, projects, or activities of assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act is in the national interest of the United States;

  • Determine, consistent with section 110(d)(4) of the Act, with respect to Venezuela, for all programs, projects, or activities of assistance for victims of trafficking in persons or to combat such trafficking, or for strengthening the democratic process, including strengthening political parties and supporting electoral observation and monitoring and related programs, or for public diplomacy, that provision to Venezuela of the assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such programs, projects, or activities would promote the purposes of the Act or is otherwise in the national interest of the United States;

  • Determine, consistent with section 110(d)(4) of the Act, that assistance to Cambodia or Venezuela described in section 110(d)(1)(B) of the Act that

    1. is a regional program, project, or activity under which the total benefit to either Cambodia or Venezuela does not exceed 10 percent of the total value of such program, project, or activity; or

    2. has as its primary objective the addressing of basic human needs, as defined by the Department of the Treasury with respect to other, existing legislative mandates concerning U.S. participation in the multilateral development banks; or

    3. is complementary to or has similar policy objectives to programs being implemented bilaterally by the United States Government; or

    4. has as its primary objective the improvement of the country's legal system, including in areas that impact the country's ability to investigate and prosecute trafficking cases or otherwise improve implementation of a country's anti-trafficking policy, regulations or legislation; or

    5. is engaging a government, international organization, or civil society organization, and that seeks as its primary objective(s) to: (a) increase efforts to investigate and prosecute trafficking in persons crimes; (b) increase protection for victims of trafficking through better screening, identification, rescue/removal, aftercare (shelter, counseling) training and reintegration; or (c) expand prevention efforts through education and awareness campaigns highlighting the dangers of trafficking or training and economic empowerment of populations clearly at risk of falling victim to trafficking
would promote the purposes of the Act or is otherwise in the national interest of the United States.

The certification required by section 110(e) of the Act is provided herewith.

You are hereby authorized and directed to submit this determination to the Congress and to publish it in the Federal Register.

GEORGE W. BUSH


Memorandum of Justification Consistent With the Trafficking Victims Protection Act of 2000, Regarding Determinations With Respect to "Tier 3" Countries

The President has made determinations regarding the fourteen countries placed on Tier 3 of the State Department's 2005 annual Report on Trafficking in Persons. The President has determined to sanction Burma, Cambodia, Cuba, the Democratic People's Republic of Korea (DPRK), and Venezuela. The United States will not provide funding for participation by officials or employees of the governments of Burma, Cuba, and the DPRK in educational and cultural exchange programs until such government complies with the Act's minimum standards to combat trafficking or makes significant efforts to do so. The United States will not provide certain non-humanitarian, non-trade-related assistance to the governments of Cambodia and Venezuela until such government complies with the Act's minimum standards to combat trafficking or makes significant efforts to do so. Furthermore, the President determined, consistent with the Act’s waiver authority, that provision of certain bilateral and multilateral assistance to the governments of Cambodia and Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States. The President also determined, consistent with the Act's waiver authority, that provision of all bilateral and multilateral assistance to Ecuador, Kuwait, and Saudi Arabia that otherwise would have been cut off would promote the purposes of the Act or is otherwise in the national interest of the United States.

The determinations also indicate the Secretary of State's subsequent compliance determinations regarding Bolivia, Jamaica, Qatar, Sudan, Togo, and the United Arab Emirates. It is important that six of the fourteen Tier 3 countries took actions that averted the need for the President to make a determination regarding sanctions and waivers. Information highlighted in the Trafficking in Persons report and the possibility of sanctions, in conjunction with our diplomatic efforts, encouraged these countries' governments to take important measures against trafficking.

Section 110(d)(1)(B) of the Act interferes with the President's authority to direct foreign affairs. We, therefore, interpret it as precatory. Nonetheless, it is the policy of the United States that, consistent with the provisions of the Act, 
the U.S. Executive Director of each multilateral development bank, as defined in the Act, and of the International Monetary Fund will vote against, and use the Executive Director’s best efforts to deny any loan or other utilization of the funds of the respective institution to the governments of Burma, Cambodia, Cuba, the DPRK, and Venezuela (with specific exceptions for Cambodia and Venezuela) for Fiscal Year 2006, until such a government complies with the minimum standards or makes significant efforts to bring itself into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act.


Explanations of the President's Determinations Regarding Each of the 14 Countries

Bolivia

On the basis of positive actions undertaken by the Government of Bolivia since the end of the 2005 reporting period, the Secretary of State has determined that the Government of Bolivia does not yet fully comply with the Trafficking Victims Protection Act (TVPA) minimum standards for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department’s Trafficking in Persons Report.

The Secretary of State has placed Bolivia on the Special Watch List because the determination that the Government of Bolivia is making significant efforts is based, in part, on commitments by the country to take additional future steps over the next year.

In June 2005, the Government of Bolivia was presented with an action plan by the State Department that outlined steps to combat trafficking. Since that time, it has accomplished each of the items in the Department’s action plan or made commitments to take additional future steps over the next year, thus demonstrating "significant efforts." It should be noted that Bolivia’s government accomplished these efforts in the midst of a political crisis and within weeks of the present government taking office. These efforts include:

Prosecution

Special anti-trafficking police and prosecutor units working in La Paz have started gathering anti-trafficking law enforcement data and initiated 22 law enforcement trafficking-related cases since April; six individuals were arrested in relation to these cases for trafficking or commercial sexual exploitation of minors. Cases under investigation include both forced labor and commercial sexual exploitation and three of the 22 cases have moved to prosecutor pre-trial preparation. The government established anti-trafficking units similar to the units operating in La Paz in the cities of Santa Cruz and Cochabamba. On July 21, Bolivia’s Congress ratified the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. On July 28, Congress approved legislation strengthening Bolivia's criminal code in respect to the trafficking of minors. The Vice Ministry of Justice is drafting additional legislation to bring Bolivian laws on human trafficking into conformance with the Palermo Protocol.

Protection

In April the city of La Paz established a 24-hour emergency shelter and child abuse and toll-free exploitation hotline staffed by technical experts. Staff provide assistance by phone and receive victims, including those referred by law enforcement, to offer immediate assistance and evaluate additional services victims require. The municipal shelter that operates the hotline received over 900 requests for assistance in its first four months and also provided overnight lodging for at-risk street children. The government plans to extend toll-free hotline coverage throughout the country. La Paz municipal authorities provided assistance to 26 victims of sexual exploitation aged 14 to 23 in one month and each week provide services to up to 18 children who were exploited in prostitution. Law enforcement officials in La Paz referred 16 victims identified in anti-trafficking law enforcement operations to the emergency shelter for assistance. The police anti-trafficking unit in La Paz has entered into a relationship with a shelter operated by a religious order that provides longer-term rehabilitative training and reinsertion support for some victims of commercial sexual exploitation.

Prevention

Public Awareness: In the La Paz area, anti-trafficking brochures have been distributed to the public through municipal authorities since early May. Some of this campaign is reaching countrywide to schools. High-ranking government officials, including the President, have addressed the dangers and importance of combating trafficking; on August 5, the President issued an Executive Order that formally designated the Office of the Presidency to coordinate national efforts to combat trafficking and established an inter-ministerial committee to develop and oversee a national strategy to combat trafficking. The national government is working with the Inter-American Development Bank to implement additional public awareness outreach in fall 2005.

Training of Officials: As suggested in the action plan, some officials have participated in general anti-trafficking education sessions. In addition, some prosecutors, police, and judicial authorities have attended workshops on investigative techniques in handling anti-trafficking cases.

Jamaica

On the basis of positive actions undertaken by the Government of Jamaica since the end of the 2005 reporting period, the Secretary of State has determined that the Government of Jamaica does not yet fully comply with the minimum standards for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department's Trafficking in Persons Report.

The Secretary of State has placed Jamaica on the Special Watch List because the determination that the Government of Jamaica is making significant efforts is based, in part, on commitments by the country to take additional future steps over the next year.

In June 2005, the Government of Jamaica was presented with a work plan by the State Department that outlined steps to combat trafficking. Since that time, it has accomplished each of the items in the Department's action plan, thus demonstrating "significant efforts." These efforts include:

Prosecution


The Government of Jamaica established a police anti-trafficking unit within the Jamaica Constabulary Force (JCF), fulfilling one of the action plan objectives. The government also sent an order, following the release of the Report, requiring all commanding officers in the JCF to disseminate the UN Protocol on Trafficking to all ranks and also required that it be made the subject of lectures in the month of July. Additionally, the government appointed an anti-trafficking coordinator within the Office of the Prime Minister. During the grace period, there were a number of trafficking-related law enforcement actions, including raids in Portmore, St. Catherine, and Montego Bay. Police arrested and charged nine individuals with trafficking-related offenses. Additionally, police charged the owner of a club with offenses under the Child Care and Protection Act (CCPA) when a minor was found on the premises during a raid. The Kingston and St. Andrew Corporation (KSAC), working with the Public Health Department and the Jamaica Constabulary Force (JCF), mobilized an effort to shutdown approximately 200 illegal massage parlors operating in the Kingston area. A comprehensive legislative review was performed to identify all existing laws that may be used to prosecute traffickers. The CCPA, which lays out penalties for child traffickers, has been widely disseminated across the island. High-level government officials have also stated that the government will be discussing additional legislative reforms, including a comprehensive anti-trafficking law in an effort to enhance anti-trafficking law enforcement.

Protection


During the grace period, the government increased the number of Children’s Officers who work with child victims from 45 to 70. All officers are trained social workers and are deployed nationally. The government’s Child Development Agency (CDA) is a major component in the fight against the commercial exploitation of minors, and is operating eight "places of safety" across the island to aid and shelter child victims. The CDA has also established a mechanism for reporting and collecting data on child victims, and is currently operating 12 hotlines dedicated to receiving reports of abuse and exploitation. The government has advertised the position of the "Children’s Advocate", as mandated in the CCPA, and will have this person in place in September 2005. The "Children’s Advocate" will ensure that the GOJ is properly implementing the CCPA. The Jamaican NGO People’s Action for Community (PACT), has trained police, educators, and other professionals on the dangers of trafficking.

Prevention


The government established a task force to coordinate policy on trafficking. The task force has drafted a plan of action for future outreach and prevention campaigns. High-level government officials have spoken out about the dangers of trafficking and have committed to do more. Additionally, the Jamaican NGO PACT has conducted training sessions for stakeholders across the island on trafficking detection, prevention, and prosecution, including training Jamaican police. The Bureau of Women’s Affairs (BWA) has also conducted outreach and awareness campaigns. The BWA, in collaboration with PACT, OAS, and IOM has conducted training seminars across the island to sensitize stakeholders, including police, to trafficking. The independent media in the country has been very active in encouraging public debate on trafficking in the country and many high-level government officials have given statements to the media, which has raised awareness of the situation of commercially sexually abused children in Jamaica.

Qatar

On the basis of positive actions undertaken by the Government of Qatar since the end of the 2005 reporting period, the Secretary of State has determined that the Government of Qatar does not yet fully comply with the minimum standards for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department's Trafficking in Persons Report.

The Secretary of State has placed Qatar on the Special Watch List because the determination that the Government of Qatar is making significant efforts is based, in part, on commitments by the country to take additional future steps over the next year.

In June 2005, the Government of Qatar was presented with a work plan by the State Department that outlined steps to combat trafficking. Since that time, it has accomplished each of the items in the Department's action plan, thus demonstrating "significant efforts." These efforts include:

Prosecution


The Government of Qatar has taken some steps to enhance its prosecution of trafficking cases. On May 17, 2005 it enacted and begun enforcing a law criminalizing the employment of underage children as camel jockeys. The government is also currently prosecuting a trafficking-related case involving a Qatari national who physically abused his Indonesian maid.

Protection


On August 7, 2005, the Government of Qatar inaugurated a Human Rights Department within the Ministry of Interior to deal with, among other issues, trafficking in persons cases. The Human Rights Department is located in a new center accessible to domestic workers and laborers and it has three dedicated telephone lines (in Arabic, English, and Urdu) that are expected to be operational in the near future. The center has also launched and publicized an e-mail address for lodging complaints involving the abuse of foreign workers. The Center aims to provide trafficking victims various services, including referral to the police, shelter, and legal, medical, and psychological counseling.

The Government of Qatar has acquired a compound containing seven villas and is currently furnishing the buildings to house women, men and child trafficking victims. The government plans to open the shelter in mid-September. The government repatriated 120 Sudanese children -- victims of trafficking as camel jockeys -- to Sudan. These repatriations, however, were done without coordination and or provisions for the rehabilitation and reintegration of the victims. Recently the government has begun, in collaboration with the Sudanese government, to assist the repatriated children with appropriate rehabilitation and reintegration assistance in Sudan.

Prevention


Public Awareness: The Government of Qatar has a plan to launch a public awareness campaign in September to equip laborers and domestic workers about their rights. It has already published front-page articles to inform the public about various services available to potential trafficking victims.

Sudan

On the basis of positive actions undertaken by the Government of Sudan since the end of the 2005 reporting period, the Secretary of State has determined that the Government of Sudan does not yet fully comply with the Trafficking Victims Protection Act (TVPA) minimum standards for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department’s Trafficking in Persons Report.

The Secretary of State has placed Sudan on the Special Watch List because the determination that the Government of Sudan is making significant efforts is based on commitments by the country to take additional future steps over the next year. Sudan will remain on Tier 2 only as long as it continues to act on these commitments.

In June 2005, the Government of Sudan was presented with an action plan by the State Department that outlined steps to combat trafficking. Since that time, it has accomplished or made commitments to take additional future steps over the next year on each of the items in the Department’s action plan, thus demonstrating "significant efforts." It should be noted that Sudan’s government accomplished these efforts in the midst of dealing with the death of First Vice President John Garang and within weeks of the present government taking office. These efforts include:

Eradicating Sexual Violence against Women

Violence against women remains a serious problem in the Darfur region, but the government has publicly committed itself to eradicating these atrocities and caring for those who have been victimized. In August 2005, the Ministry of Justice issued "Implementing Rules for Penal Decree No. 2" which removed the legal requirement for rape victims to file a criminal report before receiving medical treatment. It also mandated that victims of acts of sexual violence receive priority over other patients. The government also released an extensive plan of action for eliminating violence against women. This plan includes measures for addressing the problem over both the short and long-term, particularly in regard to protection of victims, increasing law enforcement capacity to investigate and resolve such cases, allowing the international community greater access to the Darfur region, and broadly increasing public awareness that violence against women is both a human rights violation and a punishable crime.

These are positive plans; we will now look at the Government to quickly and effectively implement these measures, and to act to prosecute the perpetrators of sexual violence. We will be monitoring the situation closely, and will reassess the government's performance for the February 2006 report to the Congress on the Special Watch List countries.

Protection of Other Trafficking Victims

In July 2005, the government repatriated more than 100 Sudanese child camel jockeys from Qatar and continues to investigate these cases. High-ranking government officials also traveled to the United Arab Emirates to participate in multi-lateral meetings on the issue of protecting and repatriating children exploited in camel racing.

The Committee for the Eradication of Abduction of Women and Children (CEAWC) continued its efforts to facilitate the safe return of abducted women and children to their families, bringing the total number of those taken back to their home areas to over 3,000 during the reporting period. The most recent missions were accomplished in close collaboration with a number of UN organizations and international NGOs that provided careful monitoring and logistical support. International organizations have reported that CEAWC has displayed increasing cooperativeness in working with the international community to ensure that all returns are voluntary and well-documented.

Togo

On the basis of positive actions undertaken by the Government of Togo since the end of the 2005 reporting period, the Secretary of State has determined that the Government of Togo does not yet fully comply with the minimum standards for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department's Trafficking in Persons Report.

The Secretary of State has placed Togo on the Special Watch List because the determination that the recently elected Government of Togo is making significant efforts is based, in part, on commitments by the country to take additional future steps over the next year.

In June 2005, the Government of Togo was presented with a work plan by the State Department that outlined steps to combat trafficking. Since that time, it has accomplished each of the items in the Department's action plan, thus demonstrating "significant efforts." These efforts include:

Prosecution


Togo's national assembly on August 2 passed a law on trafficking in children which will greatly improve the country's anti-trafficking efforts. The government has pledged to move forward necessary comprehensive anti-trafficking legislation that will address all forms of trafficking; it plans to form an inter-ministerial committee in September 2005 to focus on drafting the law. In recent months, police investigations led to 28 trafficking-related prosecutions. In late July 2005, police conducted "Operation Knockout" -- a large-scale effort to target brothels exploiting minors in Lome. The operation led to the arrest of several brothel keepers, traffickers and "clients" of children in forced prostitution. In recent months, police investigations led to 28 trafficking-related prosecutions and convictions.

Protection


The Government of Togo has taken significant steps to improve protection of victims of trafficking. Although the government does not have shelters available to trafficking victims, it works closely with two NGOs in Togo, referring victims to the NGOs' shelters. Over 100 child trafficking victims found and rescued during "Operation Knockout" in late July 2005 were referred to one of the NGOs. The government also began providing temporary shelters for victims when NGO shelters are full, and its social workers assist in reuniting victims with their families.

Prevention


Efforts to prevent trafficking through awareness campaigns have increased in recent months in Togo. In June the government sponsored a three-day workshop for 40 journalists to highlight the child trafficking problem in Togo and to spread awareness on the components of the country's new anti-child trafficking law. The workshop received extensive media coverage and led to the journalists forming a network to collect data on child trafficking and increase media coverage of the issue.

United Arab Emirates

On the basis of positive actions undertaken by the Government of the United Arab Emirates since the end of the 2005 reporting period, the Secretary of State has determined that the Government of the United Arab Emirates does not yet fully comply with the minimum standards for the elimination of trafficking, but is making significant efforts to bring itself into compliance. This is the standard for placement on Tier 2 of the State Department's Trafficking in Persons Report.

The Secretary of State has placed the United Arab Emirates on the Special Watch List because the determination that the Government of the United Arab Emirates is making significant efforts is based, in part, on commitments by the country to take additional future steps over the next year.

In June 2005, the Government of the United Arab Emirates was presented with a work plan by the State Department that outlined steps to combat trafficking. Since that time, it has accomplished each of the items in the Department's action plan, thus demonstrating "significant efforts." These efforts include:

Prosecution

The government of the UAE has taken a number of significant steps to improve the prosecution of trafficking offenses in recent months. Notably, on July 5, the President enacted the country’s first federal law criminalizing the exploitation of children (those under the age of 18) as camel jockeys. Since May 2005, the government has also initiated prosecutions, after investigations and/or arrests, of 19 individuals. Twelve of these cases involved trafficking for sexual exploitation, and five of them related to involuntary servitude of foreign domestic workers and five related to camel jockey trafficking. The government has also closed down 39 establishments for the commercial exploitation of women.

Protection

In early June 2005, the government reached an agreement with UNICEF to provide protection to hundreds of child camel jockeys released by employers – as part of a government order issued in early April 2005 – or rescued by police and immigration authorities. The UNICEF effort is funded by the UAE government, which subsequently set up three shelters for these child camel jockeys and, as of mid-August 2005, 630 children had been identified and offered care in these facilities. One hundred eighty nine of these children have been repatriated to their home countries, after adequate counseling and preparations were made for their reception in their home countries. The government has also initiated a training program for UAE police to identify and care for victims of trafficking for sexual exploitation. The government also plans to open soon a shelter in Dubai exclusively for the protection of victims of trafficking for sexual exploitation.

Prevention

The UAE government has encouraged the intensified coverage of trafficking issues in the mass media, and this has been reflected in a far greater number of print press articles focusing on child camel jockey trafficking, involuntary servitude of foreign workers, and sexual exploitation of foreign women in the UAE. In Dubai, the government is preparing to launch a broad public awareness campaign to inform laborers of their rights.

Burma

The Government of Burma does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to sanction Burma.

Justification: The Burmese military is directly involved in forced labor and there are reports that some children have been conscripted into the Burmese Army for the purpose of forced labor. Although the Burmese Government has taken increased steps to combat trafficking for sexual exploitation, the significant state-sanctioned use of internal forced labor, especially by the military, continues, offsetting the Government's inadequate efforts.

Impact of Sanctions: The United States does not provide direct assistance to the Government of Burma. The United States Government provides assistance, through various NGOs, to Burmese migrants and displaced persons, and supports training and advocacy activities both inside and outside the country for pro-democracy activists. One example is the United States Government's support for one NGO working in Burma to assist victims of trafficking repatriated from Thailand. The United States Government also provides funds to the United Nations Office on Drugs and Crime (UNODC) for alternative development projects in Burma. Since aid is given to NGOs and does not benefit the Government, the Act's sanctions do not apply.

Existing sanctions on Burma include a ban on new investment, bilateral assistance, and arms sales, and imposition of travel restrictions against senior Burmese officials and their immediate relatives. Executive Order 13310, issued in part in implementation of the Burmese Freedom and Democracy Act of 2003, imposes additional measures including a ban on imports of Burmese products, a ban on the exportation of financial services to Burma, and a freeze on the assets of four entities -- the State Peace and Development Council, the Myanmar Foreign Trade Bank, the Myanmar Investment and Commercial Bank, and the Myanmar Economic Bank -- as well as the assets of individuals determined to be senior officials of the Government of Burma, the State Peace and Development Council, or the Union Solidarity and Development Association. The import ban was renewed in 2004 and 2005.

International Visitors Program: The Bureau of Educational and Cultural Affairs maintains a small educational and cultural exchange program. The program supports approximately 6 visitors per year from Burma. TVPA sanctions will continue to prevent government officials from participating in the program. Non-governmental individuals are permitted to participate under TVPA sanctions.

Cambodia

The Government of Cambodia does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to sanction Cambodia. The President has also determined that provision of certain bilateral and multilateral assistance for addressing trafficking in persons, promoting good governance, and assisting vulnerable populations would promote the purposes of the Act or is otherwise in the national interest of the United States.

Justification: The Cambodian Government, while showing some progress in arresting and prosecuting low-level traffickers in recent months, has failed to address the trafficking complicity of senior law enforcement officials. It has also failed to investigate or prosecute significant traffickers and to adequately investigate a raid by suspected traffickers on a Cambodian anti-trafficking NGO in December 2004.

Impact of Sanctions: These sanctions will preclude an estimated $500,000 in Foreign Military Financing (FMF) assistance to the Cambodian government. The partial waiver will allow the following programs that otherwise would have been precluded by the Act: $600,000 in anti-trafficking in persons assistance; $4.719 million in assistance to vulnerable populations, including women and children; and $585,000 in aid to promote good governance and bolster democratic institutions.

Legislative restrictions in place since 1997 and renewed annually in the appropriations bills limit U.S. direct assistance to the Royal Government of Cambodia. Over the last several years, Congress has granted exceptions to these restrictions for HIV/AIDS, maternal and child health, humanitarian demining, counter-narcotics, basic education, prevention of human trafficking, rule of law programs and cultural preservation. The vast majority of this assistance passes through NGOs. Several activities proposed for FY06 involve the Cambodian government and are not humanitarian or trade-related, and therefore are precluded under the Act’s sanctions.

In order to promote the purposes of the Act or otherwise in the national interest of the United States, a partial waiver is required for activities that: 1) include improving trafficking case management in Cambodia’s courts, providing legal training to judges and lawyers and supporting service organizations working with trafficking victims; 2) any programs whose suspension would have significant adverse effect on vulnerable populations, including women and children; and 3) promote good governance, including the strengthening of democratic institutions.

Cambodia is party to the Rome Statute and in June 2005 entered into an Article 98 agreement with the United States, making Cambodia eligible to receive foreign military financing in FY05. The Act’s sanctions would preclude provision of foreign military financing or foreign military sales in FY06. However, FY05 funds would also be in jeopardy due to the timing of the Article 98 agreement. Given the short time left in the fiscal year, FY05 funds would have to be obligated under the foreign military sales system in FY06, which would be precluded under the Act.

Cuba

The Government of Cuba does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to sanction Cuba.

Justification: The Government of Cuba continues to dismiss any criticism of the Government’s failure to address trafficking as politically motivated. Cuba's state-sponsored tourism industry tacitly promotes the prostitution of children and is a draw for foreign sex tourists. The government has avoided developing a strategy to address the problem, has no anti-trafficking law enforcement policy, and there has been no observed progress in punishing traffickers during the last year.

Impact of Sanctions: The Government of Cuba is already subject to an extensive economic embargo tied to Cuba’s poor record on democracy, human rights and economic reform. No Cuban government officials or employees participate in current or planned United States Government-funded educational or cultural exchange programs. The United States Government does not offer economic assistance to the Government of Cuba and will not allow any significant new investment in Cuba by U.S. companies until democratic and economic reforms are instituted. While the embargo-related sanctions will remain in place until there are fundamental political and economic reforms in Cuba, sanctioning Cuba for activities related to trafficking in persons expresses clear U.S. disapproval of the Cuban Government’s acceptance, if not endorsement, of such activities. The United States Government supports NGOs under Section 109 of the LIBERTAD Act of 1996, and sanctions against Cuba do not apply to activities under this section.

Ecuador

The Government of Ecuador does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to waive all sanctions against Ecuador, consistent with the Act, in the national interest of the United States.

Justification: The Government of Ecuador has not shown a serious commitment to addressing trafficking in persons’ crimes. After being reassessed from Tier 3 in September 2004, the Government did not pass needed anti-trafficking legislation until mid-2005. Prosecutions of traffickers and efforts to identify and protect victims of trafficking remain very weak. Nevertheless, it is in the U.S. national interest to continue assisting the government of Ecuador in a variety of ways. U.S. and multilateral assistance is targeted to the key U.S. national interests of strengthening Ecuador's fragile democracy; supporting efforts to combat trafficking of illicit flows, including narcotics as well as trafficking in persons; promoting economic development and promoting regional security. Waiving the suspension of this assistance will also help promote the purposes of the Act by encouraging renewed efforts to combat trafficking in persons.

Kuwait

The Government of Kuwait does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to waive all sanctions against Kuwait, consistent with the provisions of the Act, in the national interest of the United States. Kuwait's anti-trafficking efforts, however, will be reassessed within six months of this date.

Justification: The Government of Kuwait has not focused sufficient attention or resources to a growing problem of involuntary servitude of foreign domestic workers and laborers. The government offers inadequate services for these victims of trafficking and does not prosecute enough of those guilty of involuntary servitude crimes, though it made noticeable efforts to improve its actions since the Report's release. The government has adequate resources to address Kuwait's trafficking problems. The granting of a full waiver of sanctions against Kuwait is in the national interest in order to continue democracy programs in Kuwait in support of the President's Freedom Agenda through the Middle East Partnership Initiative., and as a key ally in prosecuting the Global War on Terror.

Impact of Sanctions: Over one billion dollars in foreign military sales to Kuwait would have been restricted by sanctions under the Act. A full waiver has been granted in the national interest of providing these military sales in order to allow Kuwait to continue prosecuting the Global War on Terror, and to avoid jeopardizing U.S. operational capabilities in the region.

Democratic People's Republic of Korea (DPRK)

The Government of the DPRK does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to sanction the DPRK.

Justification: The Government of the DPRK is making no effort to address trafficking in persons. The government does not recognize trafficking as a problem and imposes slave-like labor conditions on its prisoners, including North Koreans forcibly returned from China. Further, conditions in the DPRK drive large numbers of North Koreans to seek a way out of the country, putting them at risk of becoming trafficking victims. Women who enter Northern China from the DPRK may be sold as brides and trafficked for purposes of sexual exploitation. Although other U.S. measures against North Korea are in place, the President's determination indicates the strong U.S. disapproval of the DPRK Government's failure to address trafficking in persons.

Impact of Sanctions: The Act's sanctions will not impact U.S. assistance to the DPRK. No North Korean government officials or employees participate in current or planned United States Government-funded educational or cultural exchange programs.

The only assistance provided to the DPRK by the United States is food aid given through the United Nations World Food Program and disaster assistance. Food insecurity is an ongoing problem in the DPRK and the population remains vulnerable to malnourishment, disease and starvation. The food, health, and disaster aid provided by the U.S. helps to alleviate the desperate situation in the DPRK. This assistance to the DPRK is purely humanitarian, and its placement on Tier 3 should not adversely impact food, health, or disaster aid. The U.S. government does not provide other types of assistance to the government of the DPRK.

USAID provides a significant amount of this food aid under authority of P.L. 480, the "Food for Peace" program. Assistance under P.L. 480 is not affected by the TVPA sanctions.

Saudi Arabia

The Government of Saudi Arabia does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making adequate efforts to bring itself into compliance. The President has determined to waive all sanctions against Saudi Arabia, consistent with the provisions of the Act, in the national interest of the United States. Saudi Arabia's anti-trafficking efforts, however, will be reassessed within six months of this date.

Justification: The Government of Saudi Arabia has not taken sufficient steps to address the significant problem of involuntary servitude in which many foreign domestic workers and laborers are found in Saudi Arabia, but has committed to work with the U.S. government on this through a constructive dialogue. The government offers few services for these victims of trafficking -- who are among millions of South and Southeast Asian workers brought to the Kingdom -- and prosecutes few of those guilty of trafficking crimes. The government has ample resources to address Saudi Arabia's trafficking problems, but has only recently begun to show political will to tackle this serious human rights crime. The granting of a full waiver of sanctions against Saudi Arabia is in the national interest because it will allow us to continue democracy programs in Saudi Arabia in support of the President's Freedom Agenda through the Middle East Partnership Initiative, and will permit continued security cooperation to effectively prosecute the War on Terror. In addition, the President recognizes the new King is committed to reform, and hopes that the King will act to remedy this in the spirit of understanding.

Impact of Sanctions: Over five billion dollars in foreign military sales to Saudi Arabia would have been restricted by sanctions under the Act. A full waiver has been granted in the national interest of providing these military sales in order to advance goals of the Global War on Terror. Sanctioning MEPI programs would remove a key U.S. government tool in promoting democratic reform and human rights in Saudi Arabia.

Venezuela

The Government of Venezuela does not fully comply with the Act's minimum standards for the elimination of trafficking, and is not making significant efforts to bring itself into compliance. The President has determined to sanction Venezuela. The President has also determined that provision of certain bilateral and multilateral designed to strengthen the democratic process in Venezuela, including strengthening of political parties, supporting electoral observation and monitoring, promoting national dialogue, and supporting the United State's public diplomacy efforts would promote the purposes of the Act or is otherwise in the national interest of the United States.

Justification: The Government of Venezuela has yet to focus serious attention or to devote significant resources to a growing trafficking-in-persons problem in the region. The Government carries out no anti-trafficking law enforcement and no victim protection activities. Political turmoil in the country has contributed to this lack of action, and the provision of certain assistance to promote the democratic process in Venezuela will serve to promote stable and legitimate leadership that will, it is hoped, make significant efforts to combat trafficking in persons.

Impact of Sanctions: The Act’s sanctions will preclude provision of assistance in the form of Foreign Military Sales. The imposition of partial sanctions will further the national interest of the United States by precluding most forms of assistance, but allowing other assistance designed to strengthen the democratic process and improve the U.S. image in Venezuela. A partial waiver allows important U.S. assistance programs in Venezuela to continue at a critical time for Venezuelan democracy. Specifically, programs administered through the United States Agency for International Development (USAID) that support political party building, national dialogue and public diplomacy in Venezuela. These programs are implemented by Development Alternatives, Inc. (DAI), the International Republican Institute (IRI) and National Democratic Institute (NDI), among others and are open to all political parties, including the pro-government Fifth Republican Movement (MVR).

Funds are also needed to support electoral observation of scheduled national legislative elections in late 2005 and a presidential election in 2006. These types of programs at times entail working with government institutions such as the National Assembly and the National Electoral Council.

Venezuela is party to the Rome Statute and has not entered into an Article 98 agreement with the United States. Therefore, pursuant to the American Servicemembers’ Protection Act, Venezuela is already restricted from receiving assistance in the form of military education and training or foreign military financing.

The United States does not provide other direct non-narcotics-related assistance to the national Government of Venezuela.



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