Amendments
2021—Subsec. (b)(1). Pub. L. 116–283 substituted “June 30” for “June 1”.
2019—Subsec. (b)(1). Pub. L. 115–427, § 6(1)(A), substituted “The report shall, to the extent concurrent reporting data is available, cover efforts and activities taking place during the period between April 1 of the year preceding the report and March 31 of the year in which the report is made, and should” for “The report should” in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 115–427, § 6(1)(B), inserted “based only on concrete actions taken by the country that are recorded during the reporting period” after “such standards”.
Subsec. (b)(1)(B). Pub. L. 115–427, § 6(1)(C), inserted “based only on concrete actions taken by the country (excluding any commitments by the country to take additional future steps during the next year) that are recorded during the reporting period” after “compliance”.
Subsec. (b)(1)(H). Pub. L. 115–427, § 6(1)(D)–(F), added subpar. (H).
Subsec. (b)(2)(A)(iii)(I). Pub. L. 115–425, § 203(1)(A), substituted “estimated” for “absolute” and inserted “and the country is not taking proportional concrete actions” before semicolon at end.
Subsec. (b)(2)(A)(iii)(III). Pub. L. 115–427, § 6(2)(A)(iii), struck out subcl. (III) which read as follows: “the determination that a country is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the country to take additional future steps over the next year.”
Subsec. (b)(2)(B). Pub. L. 115–427, § 6(2)(B), substituted “April 1 of the previous year” for “the last annual report”.
Subsec. (b)(2)(D)(ii). Pub. L. 115–427, § 6(2)(C), substituted “1 year” for “2 years” in introductory provisions.
Subsec. (b)(2)(E). Pub. L. 115–427, § 6(2)(D), substituted “Congressional” for “Public” in heading and “shall—” and cls. (i) and (ii) for “shall provide a detailed description of the credible evidence supporting such determination on a publicly available website maintained by the Department of State.”
Subsec. (b)(2)(F). Pub. L. 115–425, § 203(1)(B), added subpar. (F).
Subsec. (b)(3). Pub. L. 115–425, § 203(2), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), realigned margins, and added subpar. (B).
Subsec. (b)(3)(C). Pub. L. 115–427, § 6(3)(B), which directed striking the semicolon at end and inserting a period, could not be executed because there is no subpar. (C). See amendment of subsec. (b)(3) by Pub. L. 115–425, § 203(2) above.
Subsec. (b)(3)(D) to (F). Pub. L. 115–427, § 6(3)(A), (C), added subpars. (D) to (F).
Subsec. (b)(4). Pub. L. 115–427, § 6(4), added par. (4).
2013—Subsec. (b)(1). Pub. L. 113–4, § 1205(1)(A), in introductory provisions, substituted “describing the anti-trafficking efforts of the United States and foreign governments according to the minimum standards and criteria enumerated in section 7106 of this title, and the nature and scope of trafficking in persons in each country and analysis of the trend lines for individual governmental efforts. The report should include—” for “with respect to the status of severe forms of trafficking in persons that shall include—”.
Subsec. (b)(1)(G). Pub. L. 113–4, § 1205(1)(B)–(D), added subpar. (G).
Subsec. (b)(2) to (4). Pub. L. 113–4, § 1205(2)–(4), redesignated pars. (3) and (4) as (2) and (3), respectively, added subpar. (E) in par. (2), and struck out former par. (2) which related to interim reports.
Subsec. (e). Pub. L. 113–4, § 1212(b)(2)(A)(i), substituted “section 7102(8)(A)” for “section 7102(7)(A) and “section 7102(8)(B)” for “section 7102(7)(B)”.
2008—Subsec. (b)(1)(E), (F). Pub. L. 110–457, § 108(b), added subpars. (E) and (F).
Subsec. (b)(3)(D). Pub. L. 110–457, § 107(a), added subpar. (D).
Subsec. (d)(1)(A)(ii). Pub. L. 110–457, § 107(b), inserted “such assistance to the government of the country for the subsequent fiscal year and will not provide” after “the United States will not provide”.
2006—Subsec. (b)(1)(D). Pub. L. 109–164 added subpar. (D).
2003—Subsec. (b)(3), (4). Pub. L. 108–193, § 6(e), added par. (3) and redesignated former par. (3) as (4).
Subsec. (d)(4). Pub. L. 108–193, § 6(h)(1), inserted “or funding for participation in educational and cultural exchange programs” after “nonhumanitarian, nontrade-related foreign assistance”.
Subsec. (d)(5)(A)(i). Pub. L. 108–193, § 6(h)(2), inserted “or funding for participation in educational and cultural exchange programs” after “foreign assistance”.
Subsec. (f). Pub. L. 108–193, § 6(i), added subsec. (f).
Presidential Determination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons
Determination of President of the United States, No. 2020–12, Sept. 28, 2020, 85 F.R. 71209, provided:
Memorandum for the Secretary of State
Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107) (the “Act”), as amended, I hereby determine as follows:
As provided for in section 110(d)(1)(A)(i) of the Act, and subject to the determinations below regarding assistance related to the COVID–19 pandemic, the Ebola virus disease, and meeting minimum standards for the elimination of trafficking in persons, I determine that the United States will not provide nonhumanitarian, nontrade-related assistance to the Governments of Burundi, China, Cuba, the Democratic People’s Republic of Korea (DPRK), Eritrea, Iran, Nicaragua, Russia, and Syria for Fiscal Year (FY) 2021 until such governments comply with the Act’s minimum standards or make significant efforts to bring themselves into compliance with the minimum standards.
As provided for in section 110(d)(1)(A)(ii) of the Act, and subject to the determinations below regarding assistance related to the COVID–19 pandemic, the Ebola virus disease, and meeting minimum standards for the elimination of trafficking in persons, I determine that the United States will not provide nonhumanitarian, nontrade-related assistance to, or allow funding for participation in educational and cultural exchange programs by officials or employees of, the Governments of Cuba, the DPRK, and Syria for FY 2021 until such governments comply with the Act’s minimum standards for the elimination of trafficking or make significant efforts to bring themselves into compliance with the minimum standards.
As provided for in section 110(d)(1)(B) of the Act, and subject to the determinations below regarding assistance related to the COVID–19 pandemic, the Ebola virus disease, and meeting minimum standards for the elimination of trafficking in persons, I hereby instruct the United States Executive Director of each multilateral development bank, as defined in the Act, and of the International Monetary Fund to vote against and use best efforts to deny any loan or other utilization of the funds of the respective institution (other than for humanitarian assistance; for trade-related assistance; or for development assistance that directly addresses basic human needs, is not administered by the government of such country, and confers no benefit to that government) for the Governments of Burundi, China, Comoros, Cuba, the DPRK, Eritrea, Iran, Nicaragua, Russia, and Syria for FY 2021 until such governments comply with the Act’s minimum standards or make significant efforts to bring themselves into compliance with the minimum standards.
Consistent with section 110(d)(4) of the Act, I determine that a partial waiver to allow assistance described in section 110(d)(1) of the Act for programs, projects, activities, and assistance to respond to the threat posed by the COVID–19 pandemic would promote the purposes of the Act or is otherwise in the national interest of the United States;
Consistent with section 110(d)(4) of the Act, I determine that a partial waiver to allow assistance described in section 110(d)(1) of the Act for programs, projects, activities, and assistance to respond to the threat posed by the Ebola virus disease would promote the purposes of the Act or is otherwise in the national interest of the United States;
Consistent with section 110(d)(4) of the Act, I determine that a partial waiver to allow assistance described in section 110(d)(1) of the Act for programs, projects, activities, and assistance designed to meet the minimum standards for the elimination of trafficking in persons would promote the purposes of the Act or is otherwise in the national interest of the United States;
Consistent with section 110(d)(4) of the Act, I determine that a partial waiver to allow assistance described in section 110(d)(1)(A)(i) of the Act with respect to Burma—with the exception of Global Health Programs (GHP), Peacekeeping Operations (PKO), Foreign Military Financing (FMF), International Military Education and Training (IMET), Foreign Military Sales (FMS), and Excess Defense Articles—would promote the purposes of the Act or is otherwise in the national interest of the United States;
Consistent with section 110(d)(4) of the Act, I determine that a partial waiver to allow IMET assistance with respect to Comoros would promote the purposes of the Act or is otherwise in the national interest of the United States;
Consistent with section 110(d)(4) of the Act, I determine that a partial waiver to allow PKO and Development Assistance with respect to South Sudan would promote the purposes of the Act or is otherwise in the national interest of the United States;
Consistent with section 110(d)(4) of the Act, I determine that the provision of all programs, projects, and activities described in section 110(d)(1)(A)(i) of the Act with respect to the Governments of Afghanistan, Algeria, Belarus, Lesotho, Papua New Guinea, Turkmenistan, and Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States; and
Consistent with section 110(d)(4) of the Act, I determine that providing the assistance described in section 110(d)(1)(B) of the Act to Afghanistan, Algeria, Belarus, Burma, Lesotho, Papua New Guinea, South Sudan, Turkmenistan, and Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States.
You are authorized and directed to submit this determination, the certification required by section 110(e) of the Act, and the Memorandum of Justification, on which I have relied, to the Congress, and to publish the determination in the Federal Register.
Prior determinations and certifications regarding trafficking in persons were contained in the following:
Determination of President of the United States, No. 2020–02, Oct. 18, 2019, 84 F.R. 59521.
Determination of President of the United States, No. 2019–05, Nov. 29, 2018, 83 F.R. 65281.
Determination of President of the United States, No. 2017–15, Sept. 30, 2017, 82 F.R. 50047.
Determination of President of the United States, No. 2016–12, Sept. 27, 2016, 81 F.R. 70311.
Determination of President of the United States, No. 2016–01, Oct. 5, 2015, 80 F.R. 62435.
Determination of President of the United States, No. 2014–16, Sept. 18, 2014, 79 F.R. 57699.
Determination of President of the United States, No. 2013–16, Sept. 17, 2013, 78 F.R. 58861.
Determination of President of the United States, No. 2012–16, Sept. 14, 2012, 77 F.R. 58921, as corrected by Department of State Public Notice 8048, dated Sept. 28, 2012, 77 F.R. 61046.
Determination of President of the United States, No. 2011–18, Sept. 30, 2011, 76 F.R. 62599.
Determination of President of the United States, No. 2010–15, Sept. 10, 2010, 75 F.R. 67017, 68411.
Determination of President of the United States, No. 2009–29, Sept. 14, 2009, 74 F.R. 48365.
Determination of President of the United States, No. 2009–5, Oct. 17, 2008, 73 F.R. 63839.
Determination of President of the United States, No. 2008–4, Oct. 18, 2007, 72 F.R. 61037.
Determination of President of the United States, No. 2006–25, Sept. 26, 2006, 71 F.R. 64431.
Determination of President of the United States, No. 2005–37, Sept. 21, 2005, 70 F.R. 57481.
Determination of President of the United States, No. 2004–46, Sept. 10, 2004, 69 F.R. 56155.
Determination of President of the United States, No. 2003–35, Sept. 9, 2003, 68 F.R. 53871.