ExecutiveOrdersEO
DetDeterminationBiden · D Quiet signal

Presidential Determination

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

This annual determination under the Trafficking Victims Protection Act imposes FY 2025 restrictions on nonhumanitarian, nontrade-related U.S. assistance and multilateral development bank lending for countries failing to meet minimum anti-trafficking standards. It also grants partial waivers and full national-interest determinations for select countries, and adds Sint Maarten to the restricted list with tailored conditions.

Federal Register Open PDF 89 FR 83769

Impact dates

  1. Congressional submission of determination, certification, and Memorandum of Justification

  2. FY 2025 begins; all restrictions and waivers take effect

Key directives

  • Withhold nonhumanitarian, nontrade-related assistance to Burma and Iran for FY 2025 until compliance
  • Withhold such assistance and educational/cultural exchange funding to Belarus, Cuba, DPRK, Eritrea, Macau, Nicaragua, PRC, Russia, Syria for FY 2025 until compliance
  • Instruct U.S. Executive Directors at MDBs and IMF to vote against and deny loans/utilization of funds to Belarus, Burma, Cuba, DPRK, Eritrea, Iran, Macau, Nicaragua, PRC, Russia, South Sudan, Syria for FY 2025, with humanitarian/trade/basic needs exceptions
  • Grant national-interest determinations for Brunei, Djibouti, Papua New Guinea, Turkmenistan, Venezuela for all restricted assistance
  • Grant national-interest determinations for Afghanistan, Cambodia, Sudan for MDB/IMF restriction assistance
  • Grant partial waivers for educational/cultural exchange programs for Belarus, Eritrea, Macau, PRC, Russia
  • Grant partial waiver for Afghanistan: Economic Support Fund and Global Health Programs assistance
  • Grant partial waiver for Cambodia: all assistance/programs except DA-funded education programs
  • Grant partial waiver for South Sudan: Global Health Programs assistance
  • Grant partial waiver for Sudan: Development Assistance and Global Health Programs assistance
  • Direct executive departments/agencies to withhold nonhumanitarian, nontrade-related assistance to Sint Maarten
  • Instruct U.S. Executive Directors at MDBs/IMF to vote against and deny loans to Sint Maarten with specified exceptions

Who is ordered

Timeline

Immediate

  • Restrictions and waivers take effect for FY 2025 (beginning October 1, 2024)
  • Sint Maarten added to restricted list with immediate directive to executive departments/agencies

Near term (90d)

  • Congressional submission of determination, certification, and Memorandum of Justification required promptly

Long term

  • Annual review cycle continues; countries may exit restrictions by complying with minimum standards or making significant efforts

Risks & tensions

  • Sint Maarten inclusion appears politically notable given its status as constituent country of Kingdom of the Netherlands, potentially straining U.S.-Netherlands relations
  • PRC/Macau partial waiver for educational/cultural exchanges while maintaining full MDB restrictions creates asymmetric pressure
  • Afghanistan partial waiver for ESF/GHP despite Taliban governance raises implementation complexity
  • Document does not specify exact calendar deadline for congressional submission—only 'authorized and directed to submit'
Presidential Determination: Presidential Determination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons · Executive Orders