DetDeterminationG.W. Bush · R Quiet signal

Presidential Determination

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

This presidential determination applies sanctions and waivers under the Trafficking Victims Protection Act of 2000 for Fiscal Year 2008. It denies certain U.S. funding to Burma, Syria, Venezuela, Cuba, North Korea, and Iran for failing to meet minimum anti-trafficking standards, while granting national-interest waivers allowing continued assistance to Algeria, Bahrain, Malaysia, Oman, Qatar, Saudi Arabia, Sudan, Syria (for specific programs), Uzbekistan, Venezuela (for specific programs), and limited educational exchanges with North Korea and Iran.

Impact dates

  1. Secretary of State report to Congress on compliance determinations under section 110(b)

  2. Determination effective for FY2008 funding decisions

Key directives

  • Deny certain funding to Burma, Syria, Venezuela under section 110(d)(1)(A)(i)
  • Deny certain funding to Cuba, DPRK, Iran under section 110(d)(1)(A)(ii)
  • Make determination regarding Secretary of State findings on Equatorial Guinea and Kuwait under section 110(d)(3)
  • Grant national interest waivers for Algeria, Bahrain, Malaysia, Oman, Qatar, Saudi Arabia, Sudan, Uzbekistan under section 110(d)(4)
  • Grant targeted waivers for Syria (victim assistance, anti-trafficking programs)
  • Grant targeted waivers for Venezuela (victim assistance, democracy/governance, public diplomacy, plus specific categories of assistance)
  • Grant waiver for DPRK educational and cultural exchange programs aimed at improving U.S.-DPRK relations
  • Grant waiver for Iran educational and cultural exchange programs including educators and municipal leaders
  • Submit determination to Congress
  • Publish in Federal Register

Who is ordered

Timeline

Immediate

  • Funding restrictions take effect for FY2008 for Burma, Syria, Venezuela, Cuba, DPRK, Iran
  • Waiver determinations for Algeria, Bahrain, Malaysia, Oman, Qatar, Saudi Arabia, Sudan, Uzbekistan take effect
  • Directed submission to Congress and Federal Register publication

Near term (90d)

  • Secretary of State reporting to Congress under section 110(b) on compliance determinations

Long term

  • Potential restoration of full funding if countries achieve compliance with minimum standards
  • Continued conditional engagement through targeted programs in waiver countries

Risks & tensions

  • Waiver pattern creates tension between human rights conditionality and strategic interests in oil-rich Gulf states
  • Differential treatment of similarly situated countries may invite criticism
  • Venezuela and Syria receive partial waivers while also under full sanctions, creating complex implementation
  • DPRK and Iran waivers for educational exchanges may conflict with broader sanctions regimes
  • Document does not specify deadline for Secretary of State's section 110(b) report to Congress
Presidential Determination: Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in Persons · Executive Orders