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

This determination imposes foreign assistance restrictions on 17 governments for FY 2023 for failing to meet minimum standards against human trafficking, with partial waivers for certain countries to allow specific programs. It also adds Curacao and Sint Maarten to the restricted list through discretionary presidential action beyond the statutory framework.

Federal Register Open PDF 87 FR 64361

Impact dates

Oct 14, 2022
Congressional submission of determination, certification, and Memorandum of Justification
Oct 1, 2022
FY 2023 restrictions effective (fiscal year beginning October 1, 2022)

Key directives

Withhold nonhumanitarian, nontrade-related assistance to Afghanistan, Burma, Guinea-Bissau, Iran, PRC, and South Sudan for FY 2023
Withhold nonhumanitarian, nontrade-related assistance and educational/cultural exchange funding to Belarus, Cuba, DPRK, Eritrea, Macau, Nicaragua, Russia, and Syria for FY 2023
Instruct U.S. Executive Directors at multilateral development banks and IMF to vote against and deny loans to 11 specified governments for FY 2023
Determine that educational/cultural exchange programs to Brunei, Cambodia, Malaysia, Turkmenistan, Venezuela, and Vietnam promote national interest
Determine that assistance to Afghanistan and Guinea-Bissau under section 110(d)(1)(B) promotes national interest
Grant partial waivers for educational/cultural exchange programs for Belarus, Eritrea, Macau, and Russia
Grant partial waiver for ESF and GHP assistance to Afghanistan
Grant partial waiver for IMET, NADR-CWD, DA, ESF, and GHP assistance to Guinea-Bissau
Grant partial waiver for GHP assistance to South Sudan
Direct executive departments and agencies to withhold nonhumanitarian, nontrade-related assistance to Curacao and Sint Maarten
Instruct U.S. Executive Directors to vote against multilateral loans to Curacao and Sint Maarten
Permit educational and cultural exchange funding for Curacao and Sint Maarten officials

Who is ordered

Timeline

Immediate

FY 2023 nonhumanitarian, nontrade-related assistance restrictions take effect for listed countries
U.S. Executive Directors instructed to vote against multilateral loans for listed countries
Educational and cultural exchange restrictions take effect for specified officials

Near term (90d)

Congressional submission of determination, certification, and Memorandum of Justification

Long term

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

Risks & tensions

Discretionary addition of Curacao and Sint Maarten extends beyond TVPA's statutory country list, raising potential separation-of-powers questions
Partial waivers for adversarial states (Russia, Belarus, PRC via Macau) may draw congressional scrutiny
Afghanistan restrictions complicated by ongoing humanitarian crisis despite partial waiver
Determination does not specify measurable criteria for 'significant efforts' to lift restrictions