§ 7108. — Actions against significant traffickers in persons.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC7108]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 78--TRAFFICKING VICTIMS PROTECTION
Sec. 7108. Actions against significant traffickers in persons
(a) Authority to sanction significant traffickers in persons
(1) In general
The President may exercise the authorities set forth in section
1702 of title 50 without regard to section 1701 of title 50 in the
case of any of the following persons:
(A) Any foreign person that plays a significant role in a
severe form of trafficking in persons, directly or indirectly in
the United States.
(B) Foreign persons that materially assist in, or provide
financial or technological support for or to, or provide goods
or services in support of, activities of a significant foreign
trafficker in persons identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed
by, or acting for or on behalf of, a significant foreign
trafficker identified pursuant to subparagraph (A).
(2) Penalties
The penalties set forth in section 1705 of title 50 apply to
violations of any license, order, or regulation issued under this
section.
(b) Report to Congress on identification and sanctioning of significant
traffickers in persons
(1) In general
Upon exercising the authority of subsection (a) of this section,
the President shall report to the appropriate congressional
committees--
(A) identifying publicly the foreign persons that the
President determines are appropriate for sanctions pursuant to
this section and the basis for such determination; and
(B) detailing publicly the sanctions imposed pursuant to
this section.
(2) Removal of sanctions
Upon suspending or terminating any action imposed under the
authority of subsection (a) of this section, the President shall
report to the committees described in paragraph (1) on such
suspension or termination.
(3) Submission of classified information
Reports submitted under this subsection may include an annex
with classified information regarding the basis for the
determination made by the President under paragraph (1)(A).
(c) Law enforcement and intelligence activities not affected
Nothing in this section prohibits or otherwise limits the authorized
law enforcement or intelligence activities of the United States, or the
law enforcement activities of any State or subdivision thereof.
(d) Omitted
(e) Implementation
(1) Delegation of authority
The President may delegate any authority granted by this
section, including the authority to designate foreign persons under
paragraphs (1)(B) and (1)(C) of subsection (a) of this section.
(2) Promulgation of rules and regulations
The head of any agency, including the Secretary of Treasury, is
authorized to take such actions as may be necessary to carry out any
authority delegated by the President pursuant to paragraph (1),
including promulgating rules and regulations.
(3) Opportunity for review
Such rules and regulations shall include procedures affording an
opportunity for a person to be heard in an expeditious manner,
either in person or through a representative, for the purpose of
seeking changes to or termination of any determination, order,
designation or other action associated with the exercise of the
authority in subsection (a) of this section.
(f) Definition of foreign persons
In this section, the term ``foreign person'' means any citizen or
national of a foreign state or any entity not organized under the laws
of the United States, including a foreign government official, but does
not include a foreign state.
(g) Construction
Nothing in this section shall be construed as precluding judicial
review of the exercise of the authority described in subsection (a) of
this section.
(Pub. L. 106-386, div. A, Sec. 111, Oct. 28, 2000, 114 Stat. 1484.)
Codification
Section is comprised of section 111 of Pub. L. 106-386. Subsec. (d)
of section 111 of Pub. L. 106-386 amended section 1182 of Title 8,
Aliens and Nationality.
Section Referred to in Other Sections
This section is referred to in title 8 section 1182.
