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

This determination imposes foreign assistance restrictions for FY 2024 on 17 governments that fail to meet minimum standards against human trafficking under the Trafficking Victims Protection Act, with partial waivers granted for certain countries and programs. It also extends similar restrictions to Curaçao and Sint Maarten and directs U.S. representatives at multilateral development banks to vote against loans to designated countries.

Federal Register Open PDF 88 FR 73523

Impact dates

Oct 24, 2023
Filed with Federal Register
Sep 29, 2023
FY 2024 restrictions and waivers in effect

Key directives

Withhold nonhumanitarian, nontrade-related assistance to 8 governments under section 110(d)(1)(A)(i)
Withhold assistance and educational/cultural exchange funding to 8 additional governments under section 110(d)(1)(A)(ii)
Instruct U.S. Executive Directors at multilateral development banks and IMF to vote against and deny loans to 12 governments under section 110(d)(1)(B)
Grant full waivers for educational/cultural exchange programs to 6 governments under section 110(d)(4)
Grant partial waivers for assistance to 4 governments under section 110(d)(4)
Grant partial waiver for educational/cultural exchange to 4 governments under section 110(d)(4)
Extend restrictions to Curaçao and Sint Maarten with exception for educational/cultural exchange
Submit determination, certification, and Memorandum of Justification to Congress
Publish determination in Federal Register

Who is ordered

Timeline

Immediate

FY 2024 assistance restrictions take effect for designated countries
U.S. Executive Directors at multilateral banks instructed to vote against loans
Partial waivers for specified countries and programs activated

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 policy leverage for trafficking reform in targeted countries

Risks & tensions

Potential tension between human trafficking conditionality and other foreign policy priorities (e.g., counterterrorism cooperation with Afghanistan, great-power competition with PRC/Russia)
Curaçao and Sint Maarten restrictions may affect Netherlands relations as constituent countries within Kingdom of the Netherlands
Partial waivers create complex implementation burden for State Department and USAID
Macau designation as separate from PRC may create diplomatic sensitivity with China