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 2013. It withholds certain U.S. funding from ten countries for failing to meet anti-trafficking standards, while granting full or partial waivers to twelve other countries on national interest grounds, allowing continued assistance with specific conditions and exceptions.

Federal Register Open PDF 77 FR 58921

Impact dates

Sep 30, 2013
Fiscal Year 2013 funding restrictions and waivers apply through end of FY2013

Key directives

Withhold certain FY2013 funding from DRC, Equatorial Guinea, Sudan, Zimbabwe until compliance with minimum anti-trafficking standards
Withhold certain FY2013 funding from Cuba, DPRK, Eritrea, Iran, Madagascar, Syria until compliance
Authorize full waiver for Algeria, CAR, Kuwait, Libya, Papua New Guinea, Saudi Arabia, Yemen
Authorize partial waiver for DRC (excluding FMS/FMF to army)
Authorize partial waiver for Sudan (excluding FMS/FMF to land forces, air forces, Popular Defense Force)
Authorize partial waiver for Iran (educational and cultural exchange programs only)
Authorize partial waiver for Syria (educational and cultural exchange programs only)
Authorize partial waiver for Equatorial Guinea (infectious disease programs, natural resource management, biodiversity, and section 110(d)(1)(B) assistance)
Authorize partial waiver for Zimbabwe (specified humanitarian, governance, legal system, anti-trafficking, and macroeconomic assistance with detailed conditions)
Submit determination with Bolivia, Burma, and Venezuela memoranda of justification to Congress under section 706 of FRAA
Publish determination in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Funding restrictions take effect for FY2013
Partial waivers authorized for specified programs

Near term (90d)

Secretary of State to report to Congress on compliance determinations

Long term

Continued conditional engagement pending anti-trafficking reforms
Potential restoration of full funding if minimum standards met

Risks & tensions

Balancing human rights pressure with strategic interests in oil-rich states (Saudi Arabia, Kuwait, Libya)
Complex partial waiver for Zimbabwe creates significant implementation burden for Treasury and State
DRC and Sudan military exclusions may prove difficult to enforce and monitor
Iran and Syria educational waivers occur amid broader sanctions regimes, creating potential confusion
Congressional reporting requirement timing unspecified in text