§ 7107. — Actions against governments failing to meet minimum standards.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC7107]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION
Sec. 7107. Actions against governments failing to meet minimum
standards
(a) Statement of policy
It is the policy of the United States not to provide
nonhumanitarian, nontrade-related foreign assistance to any government
that--
(1) does not comply with minimum standards for the elimination
of trafficking; and
(2) is not making significant efforts to bring itself into
compliance with such standards.
(b) Reports to Congress
(1) Annual report
Not later than June 1 of each year, the Secretary of State shall
submit to the appropriate congressional committees a report with
respect to the status of severe forms of trafficking in persons that
shall include--
(A) a list of those countries, if any, to which the minimum
standards for the elimination of trafficking are applicable and
whose governments fully comply with such standards;
(B) a list of those countries, if any, to which the minimum
standards for the elimination of trafficking are applicable and
whose governments do not yet fully comply with such standards
but are making significant efforts to bring themselves into
compliance; and
(C) a list of those countries, if any, to which the minimum
standards for the elimination of trafficking are applicable and
whose governments do not fully comply with such standards and
are not making significant efforts to bring themselves into
compliance.
(2) Interim reports
In addition to the annual report under paragraph (1), the
Secretary of State may submit to the appropriate congressional
committees at any time one or more interim reports with respect to
the status of severe forms of trafficking in persons, including
information about countries whose governments--
(A) have come into or out of compliance with the minimum
standards for the elimination of trafficking; or
(B) have begun or ceased to make significant efforts to
bring themselves into compliance,
since the transmission of the last annual report.
(3) Significant efforts
In determinations under paragraph (1) or (2) as to whether the
government of a country is making significant efforts to bring
itself into compliance with the minimum standards for the
elimination of trafficking, the Secretary of State shall consider--
(A) the extent to which the country is a country of origin,
transit, or destination for severe forms of trafficking;
(B) the extent of noncompliance with the minimum standards
by the government and, particularly, the extent to which
officials or employees of the government have participated in,
facilitated, condoned, or are otherwise complicit in severe
forms of trafficking; and
(C) what measures are reasonable to bring the government
into compliance with the minimum standards in light of the
resources and capabilities of the government.
(c) Notification
Not less than 45 days or more than 90 days after the submission, on
or after January 1, 2003, of an annual report under subsection (b)(1) of
this section, or an interim report under subsection (b)(2) of this
section, the President shall submit to the appropriate congressional
committees a notification of one of the determinations listed in
subsection (d) of this section with respect to each foreign country
whose government, according to such 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, as described in subsection (b)(1)(C) of this section.
(d) Presidential determinations
The determinations referred to in subsection (c) of this section are
the following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance
The President has determined that--
(A)(i) the United States will not provide nonhumanitarian,
nontrade-related foreign assistance to the government of the
country for the subsequent fiscal year until such government
complies with the minimum standards or makes significant efforts
to bring itself into compliance; or
(ii) in the case of a country whose government received no
nonhumanitarian, nontrade-related foreign assistance from the
United States during the previous fiscal year, the United States
will not provide funding for participation by officials or
employees of such governments in educational and cultural
exchange programs for the subsequent fiscal year until such
government complies with the minimum standards or makes
significant efforts to bring itself into compliance; and
(B) the President will instruct the United States Executive
Director of each multilateral development bank and of the
International Monetary Fund to vote against, and to use the
Executive Director's best efforts to deny, any loan or other
utilization of the funds of the respective institution to that
country (other than for humanitarian assistance, for trade-
related assistance, or for development assistance which directly
addresses basic human needs, is not administered by the
government of the sanctioned country, and confers no benefit to
that government) for the subsequent fiscal year until such
government complies with the minimum standards or makes
significant efforts to bring itself into compliance.
(2) Ongoing, multiple, broad-based restrictions on
assistance in response to human rights violations
The President has determined that such country is already
subject to multiple, broad-based restrictions on assistance imposed
in significant part in response to human rights abuses and such
restrictions are ongoing and are comparable to the restrictions
provided in paragraph (1). Such determination shall be accompanied
by a description of the specific restriction or restrictions that
were the basis for making such determination.
(3) Subsequent compliance
The Secretary of State has determined that the government of the
country has come into compliance with the minimum standards or is
making significant efforts to bring itself into compliance.
(4) Continuation of assistance in the national interest
Notwithstanding the failure of the government of the country to
comply with minimum standards for the elimination of trafficking and
to make significant efforts to bring itself into compliance, the
President has determined that the provision to the country of
nonhumanitarian, nontrade-related foreign assistance, or the
multilateral assistance described in paragraph (1)(B), or both,
would promote the purposes of this chapter or is otherwise in the
national interest of the United States.
(5) Exercise of waiver authority
(A) In general
The President may exercise the authority under paragraph (4)
with respect to--
(i) all nonhumanitarian, nontrade-related foreign
assistance to a country;
(ii) all multilateral assistance described in paragraph
(1)(B) to a country; or
(iii) one or more programs, projects, or activities of
such assistance.
(B) Avoidance of significant adverse effects
The President shall exercise the authority under paragraph
(4) when necessary to avoid significant adverse effects on
vulnerable populations, including women and children.
(6) Definition of multilateral development bank
In this subsection, the term ``multilateral development bank''
refers to any of the following institutions: the International Bank
for Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the Asian Development Bank, the Inter-
American Investment Corporation, the African Development Bank, the
African Development Fund, the European Bank for Reconstruction and
Development, and the Multilateral Investment Guaranty Agency.
(e) Certification
Together with any notification under subsection (c) of this section,
the President shall provide a certification by the Secretary of State
that, with respect to any assistance described in clause (ii), (iii), or
(v) of section 7102(7)(A) of this title, or with respect to any
assistance described in section 7102(7)(B) of this title, no 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.
(Pub. L. 106-386, div. A, Sec. 110, Oct. 28, 2000, 114 Stat. 1482.)
Section Referred to in Other Sections
This section is referred to in sections 7103, 7110 of this title.
