§ 7106. — Minimum standards for the elimination of trafficking.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC7106]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION
Sec. 7106. Minimum standards for the elimination of trafficking
(a) Minimum standards
For purposes of this chapter, the minimum standards for the
elimination of trafficking applicable to the government of a country of
origin, transit, or destination for a significant number of victims of
severe forms of trafficking are the following:
(1) The government of the country should prohibit severe forms
of trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which causes a
death, the government of the country should prescribe punishment
commensurate with that for grave crimes, such as forcible sexual
assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the government of the country should
prescribe punishment that is sufficiently stringent to deter and
that adequately reflects the heinous nature of the offense.
(4) The government of the country should make serious and
sustained efforts to eliminate severe forms of trafficking in
persons.
(b) Criteria
In determinations under subsection (a)(4) of this section, the
following factors should be considered as indicia of serious and
sustained efforts to eliminate severe forms of trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of trafficking in
persons that take place wholly or partly within the territory of the
country.
(2) Whether the government of the country protects victims of
severe forms of trafficking in persons and encourages their
assistance in the investigation and prosecution of such trafficking,
including provisions for legal alternatives to their removal to
countries in which they would face retribution or hardship, and
ensures that victims are not inappropriately incarcerated, fined, or
otherwise penalized solely for unlawful acts as a direct result of
being trafficked.
(3) Whether the government of the country has adopted measures
to prevent severe forms of trafficking in persons, such as measures
to inform and educate the public, including potential victims, about
the causes and consequences of severe forms of trafficking in
persons.
(4) Whether the government of the country cooperates with other
governments in the investigation and prosecution of severe forms of
trafficking in persons.
(5) Whether the government of the country extradites persons
charged with acts of severe forms of trafficking in persons on
substantially the same terms and to substantially the same extent as
persons charged with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such country or
with international agreements to which the country is a party,
whether the government is taking all appropriate measures to modify
or replace such laws and treaties so as to permit such extradition).
(6) Whether the government of the country monitors immigration
and emigration patterns for evidence of severe forms of trafficking
in persons and whether law enforcement agencies of the country
respond to any such evidence in a manner that is consistent with the
vigorous investigation and prosecution of acts of such trafficking,
as well as with the protection of human rights of victims and the
internationally recognized human right to leave any country,
including one's own, and to return to one's own country.
(7) Whether the government of the country vigorously
investigates and prosecutes public officials who participate in or
facilitate severe forms of trafficking in persons, and takes all
appropriate measures against officials who condone such trafficking.
(Pub. L. 106-386, div. A, Sec. 108, Oct. 28, 2000, 114 Stat. 1480.)
Section Referred to in Other Sections
This section is referred to in section 7102 of this title.
