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

This determination imposes restrictions on U.S. nonhumanitarian, nontrade-related assistance to 23 countries for FY 2019 due to their failure to meet minimum standards for combating human trafficking, with additional restrictions on educational and cultural exchanges for 4 more countries. It also directs U.S. representatives at multilateral development banks and the IMF to vote against loans to 17 countries, while granting partial or full waivers for certain programs to Belarus, Belize, Eritrea, Papua New Guinea, and Turkmenistan based on national interest determinations.

Federal Register Open PDF 83 FR 65281

Impact dates

Sep 30, 2019
FY 2019 restrictions expire (end of fiscal year)
Nov 29, 2018
FY 2019 assistance restrictions take effect
Nov 29, 2018
Submission to Congress and Federal Register publication

Key directives

Withhold nonhumanitarian, nontrade-related assistance to 23 countries for FY 2019
Deny educational/cultural exchange funding for officials/employees of 4 countries for FY 2019
Instruct U.S. Executive Directors at multilateral development banks and IMF to vote against and deny loans to 17 countries for FY 2019
Grant partial waiver for IMET, FMF, and FMS-related assistance to Belize
Grant partial waiver for PNG assistance except PKO, non-FMF FMS, and EDA
Grant partial waivers for Eritrea educational/cultural exchanges and assistance except FMF, FMS, IMET, EDA, and PKO
Grant full waiver for all assistance to Belarus and Turkmenistan under 110(d)(1)(A)(i)
Grant waiver for multilateral development bank assistance to Belarus, Belize, Eritrea, PNG, and Turkmenistan
Submit determination, certification, and Memorandum of Justification to Congress
Publish determination in Federal Register

Who is ordered

Timeline

Immediate

Restrictions on FY 2019 assistance take effect
Direction to U.S. Executive Directors at multilateral institutions to vote against loans

Near term (90d)

Submission of determination, certification, and Memorandum of Justification to Congress
Federal Register publication

Long term

Restrictions remain until countries comply with minimum standards or make significant efforts
Potential future annual determinations under TVPA

Risks & tensions

China and Russia inclusion may complicate broader diplomatic relationships
Multilateral bank voting instructions could strain U.S. influence in international financial institutions
Waivers for Belarus and Turkmenistan (full) versus partial waivers for others create tiered diplomatic messaging
Partial waiver structure for PNG and Eritrea is complex to administer
Document text cuts off mid-sentence regarding Eritrea educational/cultural exchange waiver, but operative intent is recoverable