Trafficking in Persons Measures

Trafficking in Persons U.S. Presidential Determination in 2013

United States views on international law [1] in relation to Trafficking in Persons U.S. Presidential Determination: Consistent with § 110(c) of the Trafficking Victims Protection Act, as amended, 22 U.S.C. § 7107, the President annually submits to Congress notification of one of four specified determinations with respect to “each foreign country whose government, according to [the annual Trafficking in Persons report]—(A) does not comply with the minimum standards for the elimination of trafficking; and (B) is not making significant efforts to bring itself into compliance.” The four determination options are set forth in § 110(d)(1)–(4). On September 17, 2013, President Obama issued a memorandum for the U.S. Secretary of State, “Presidential Determination With Respect to Foreign Governments' Efforts Regarding Trafficking in Persons.” The memorandum for the U.S. Secretary of State is available at (Secretary of State website) state.gov/j/tip/rls/other/2013/217567.htm, with the memorandum of justification with regard to the determination for each country. The President's memorandum conveys determinations concerning the 21 countries that the 2013 Trafficking in Persons Report lists as Tier 3 countries. See Chapter 3.B.3.a. in this world legal Encyclopedia for discussion of the 2013 report.

Some Aspects of Trafficking in Persons U.S. Presidential Determination

The Trafficking Victims Protection Act further requires that the President's notification be accompanied by a certification by the U.S. Secretary of State regarding certain types of foreign assistance (“covered assistance”) that “no [such covered] assistance is intended to be received or used by any agency or official who has participated in, facilitated, or condoned a severe form of trafficking in persons.” Secretary Kerry signed the required certification as to all 21 countries place on the Tier 3 in the 2013 Report on September 3, 2013. Prior to obligating or expending covered assistance, relevant bureaus in the State Department are required to take appropriate steps to ensure that all assistance is provided in accordance with the Secretary's certification.

Resources

Notes

1. Trafficking in Persons U.S. Presidential Determination in the Digest of United States Practice in International Law