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Presidential Determination

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 FY 2014, restricting certain U.S. funding to governments that fail to meet minimum anti-trafficking standards while granting national-interest waivers for specific programs to select countries including China, Russia, Saudi Arabia, and others.

Impact dates

  1. Secretary of State report to Congress on country compliance pursuant to section 110(b)

  2. FY 2014 funding restrictions take effect

Key directives

  • Withhold certain FY 2014 funding from North Korea, DRC, Equatorial Guinea, Iran, Sudan, Zimbabwe until compliance with anti-trafficking standards
  • Withhold certain FY 2014 funding from Cuba, Eritrea, Syria until compliance with anti-trafficking standards
  • Grant full waiver for all assistance programs to Algeria, CAR, China, Guinea-Bissau, Kuwait, Libya, Mauritania, Papua New Guinea, Russia, Saudi Arabia, Uzbekistan, Yemen
  • Grant partial waiver for DRC excluding foreign military sales/financing to DRC army
  • Grant partial waiver for Sudan excluding foreign military sales/financing to land forces, air forces, and popular defense force
  • Grant partial waiver for Syria and Eritrea for educational and cultural exchange programs
  • Grant partial waiver for Equatorial Guinea for infectious disease programs, natural resource management/biodiversity, and young leader exchanges
  • Grant partial waiver for Zimbabwe for trafficking victim assistance, health, governance, education, agriculture, poverty reduction, family planning, macroeconomic growth, and programs affecting vulnerable populations
  • Grant partial waiver for Zimbabwe for specific categories of section 110(d)(1)(B) assistance including regional programs under 10% benefit threshold, basic human needs programs, legal system improvement, anti-trafficking NGO programs, and IMF macroeconomic assistance
  • Submit determination to Congress and publish in Federal Register

Who is ordered

Timeline

Immediate

  • Determination takes effect for FY 2014 funding decisions
  • Secretary of State directed to submit determination to Congress and publish in Federal Register

Near term (90d)

  • Secretary of State to report to Congress under section 110(b) regarding compliance efforts by sanctioned countries

Long term

  • Sanctions remain until affected governments comply with minimum standards or make significant efforts
  • Waiver programs continue subject to annual reevaluation under TVPA framework

Risks & tensions

  • Waiver for China, Russia, Saudi Arabia despite trafficking concerns may draw congressional scrutiny
  • DRC and Sudan military exclusions suggest tension between anti-trafficking goals and security cooperation
  • Extensive Zimbabwe waiver conditions create implementation complexity for State Department and USAID
  • Annual TVPA cycle means determinations are temporary and subject to revision
  • Partial waivers for Cuba, Syria, Eritrea limited to exchanges may be seen as inconsistent with broader policy
Presidential Determination: Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in Persons · Executive Orders