PRESIDENTIAL DETERMINATION ON FOREIGN GOVERNMENTS' EFFORTS REGARDING TRAFFICKING IN PERSONS

FROM:  THE WHITE HOUSE 

Presidential Determination -- Foreign Governments' Efforts Regarding Trafficking in Persons

MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT:     Presidential Determination with Respect to
                       Foreign Governments' Efforts Regarding
                       Trafficking in Persons


Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386) (the "Act"), I hereby:

Make the determination provided in section 110(d)(1)(A)(i) of the Act, with respect to the Democratic People's Republic of Korea, the Democratic Republic of the Congo (DRC), Equatorial Guinea, Iran, Russia, Venezuela, and Zimbabwe, not to provide certain funding for those countries' governments for Fiscal Year (FY) 2015, until such governments comply with the minimum standards or make significant efforts to bring themselves into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act;

Make the determination provided in section 110(d)(1)(A)(ii) of the Act, with respect to Cuba, Eritrea, and Syria, not to provide certain funding for those countries' governments for FY 2015, until such governments comply with the minimum standards or make significant efforts to bring themselves into compliance, as may be determined by the Secretary of State in a report to the Congress pursuant to section 110(b) of the Act;

Determine, consistent with section 110(d)(4) of the Act, with respect to Algeria, the Central African Republic, the Gambia, Guinea-Bissau, Kuwait, Libya, Malaysia, Mauritania, Papua New Guinea, Saudi Arabia, Thailand, Uzbekistan, and Yemen, that provision to these countries' governments of all programs, projects, or activities described in sections 110(d)(1)(A)(i)-(ii) and 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to the DRC, that provision of assistance and programs described in section 110(d)(1)(A)(i) and 110(d)(1)(B) of the

Act, with the exception of Foreign Military Sales and Foreign Military Financing for the army of the DRC, would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to the DRC, that a partial waiver to allow funding for programs to be provided pursuant to section 1208 of the National Defense Authorization Act for FY 2014 (Public Law 113-66), to the extent that such programs would otherwise be restricted by the Act, would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Venezuela, that a partial waiver to allow funding for programs described in section 110(d)(1)(A)(i) of the Act designed to strengthen the democratic process in Venezuela would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Cuba, Syria, and Eritrea, that a partial waiver to allow funding for educational and cultural exchange programs described in section 110(d)(1)(A)(ii) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Equatorial Guinea, that a partial waiver to allow funding described in section 110(d)(1)(A)(i) of the Act to advance sustainable natural resource management and biodiversity and to support the participation of government employees or officials in young leader programming would promote the purposes of the Act or is otherwise in the national interest of the United States; Determine, consistent with section 110(d)(4) of the Act, with respect to Syria and Equatorial Guinea, that assistance described in section 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States;

Determine, consistent with section 110(d)(4) of the Act, with respect to Zimbabwe, that a partial waiver to allow funding for programs described in section 110(d)(1)(A)(i) of the Act for assistance for victims of trafficking in persons or to combat such trafficking, programs to support the promotion of health, good governance, education, leadership, agriculture and food security, poverty reduction, livelihoods, family planning, macroeconomic growth including anti-corruption, biodiversity and wildlife protection, and programs that would have a significant adverse effect on vulnerable populations if suspended, would promote the purposes of the Act or is otherwise in the national interest of the United States;

And determine, consistent with section 110(d)(4) of the Act, with respect to Zimbabwe, that assistance described in section 110(d)(1)(B) of the Act, which:

is a regional program, project, or activity under which the total benefit to Zimbabwe does not exceed 10 percent of the total value of such program, project, or activity;

has as its primary objective the addressing of basic human needs, as defined by the Department of the Treasury with respect to other, existing legislative provision concerning U.S. participation in the multilateral development banks;

is complementary to or has similar policy objectives to programs being implemented bilaterally by the

United States Government;

has as its primary objective the improvement of

Zimbabwe's legal system, including in areas that impact

Zimbabwe's ability to investigate and prosecute trafficking cases or otherwise improve implementation of its antitrafficking policy, regulations, or legislation;

is engaging a government, international organization, or civil society organization, and seeks as its primary objective(s) to:  (a) increase efforts to investigate and prosecute trafficking in persons crimes; (b) increase protection for victims of trafficking through better screening, identification, rescue/removal, aftercare

(shelter, counseling), training, and reintegration; or (c) expand prevention efforts through education and awareness campaigns highlighting the dangers of trafficking in persons or training and economic empowerment of populations clearly at risk of falling victim to trafficking; or

is targeted macroeconomic assistance from the International Monetary Fund that strengthens the macroeconomic management capacity of Zimbabwe, would promote the purposes of the Act, or is otherwise in the national interest of the United States.

The certification required by section 110(e) of the Act is provided herewith.

You are hereby authorized and directed to submit this determination to the Congress, and to publish it in the Federal Register.

BARACK OBAMA

U.S. DEPARTMENT OF DEFENSE AND NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH

FROM: U.S. DEPARTMENT OF DEFENSE

DOD Heightens Training, Prevention to Target Human Trafficking

By Amaani Lyle
American Forces Press Service

WASHINGTON, Jan. 2, 2013 - To spark awareness and vigilance against a growing global human rights crisis, President Barack Obama has proclaimed January as National Slavery and Human Trafficking Prevention Month.

Linda Dixon, the Defense Department's program manager for combating trafficking in persons, told the Pentagon Channel and American Forces Press Service in a recent interview that DOD has strengthened training modules and reporting avenues to combat trafficking in persons, a criminal enterprise that generates roughly $32 billion per year worldwide.

"That's the second-largest source of revenue for criminal enterprises, and it's growing," Dixon said. "Trafficking is a zero-tolerance policy; it's not only immoral, but it is illegal."

The United Nations International Labor organization estimates more than 12 million human trafficking victims worldwide, with an estimated 600,000 to 800,000 new victims each year.

Some victims are Americans, Dixon said, but most victims come from elsewhere. "Source countries are usually areas that are poverty-stricken," she said, "but trafficking is everywhere."

The Trafficking Victim Protection Act defines trafficking in persons as the use of force, fraud or coercion to compel a person to provide labor or services or commercial sex.

The crime, Dixon explained, can run the gamut of exploitation, and includes elements of recruiting, harboring, transportation, providing or obtaining a person for the purpose of exploitation.

State Department officials said the three most common forms of trafficking are labor trafficking, sex trafficking and child soldiering.

Child soldiering entails the unlawful recruitment of minors who, as young as age 7, are sexually and physically abused and forced to commit atrocities in more than 57 armed conflicts worldwide, according to State Department officials.

DOD's demand-reduction and prevention program is a mechanism to report violations and thwart offenses, Dixon said.

In addition to a general awareness training module, she added, the program also includes law enforcement, contractor and leadership-specific training modules.

"We have put together training modules ... [and] a clause in our contracts to prohibit contractors from being involved in trafficking," Dixon said. "All of the agencies have a [trafficking in persons] point of contact -- the services, the combatant commands [and] defense agencies."

Indicators include heavily guarded areas where workers appear intimidated or are being escorted from a facility to their home, or who lack personal documents such as passports or other identification, Dixon explained.

"You should report it to your local authorities; report it through your chain of command," Dixon said.

If DOD personnel are involved in trafficking offenses, she added, the inspector general investigates the type and scope of the offense to determine a course of action.

Noting that 2013 marks the 150th anniversary of the Emancipation Proclamation, Dixon said the year will feature summits, events and conferences to sharpen awareness and eradicate trafficking.

"In DOD, we're charged with making sure that we protect our country's security, and trafficking in persons is a threat to that security," she said.

Dixon said great strides have been made at the highest level to stop this modern-day slavery and restore human dignity.

"There's an education process that's taking place, not only with people in general, but with our law enforcement, to recognize it, understand and know that it is a chargeable offense," Dixon said. "It is a danger to our troops. It's a danger to national security."

THE ASEAN REGION AND MODERN SLAVERY

　
FROM: U.S. STATE DEPARTMENT

Addressing Modern Slavery in the ASEAN Region
Fact Sheet
Office To Monitor and Combat Trafficking in Persons
November 20, 2012
With its partners at home and around the world, the United States is committed to enhancing efforts to end human trafficking, a crime President Obama has called a "debasement of our common humanity…which must be called by its true name—modern slavery."

Together with the members of the Association of Southeast Asian Nations (ASEAN), and in partnership with civil society, the United States looks forward to enhancing regional efforts to protect and rehabilitate trafficking survivors, bring traffickers to justice, and raise awareness so that trafficking can be stopped before it starts.

During the ASEAN-U.S. Leaders’ Meeting, held in Phnom Penh, Cambodia, on November 19, 2012, President Obama and the 10 ASEAN heads of state agreed to improve cooperative efforts to tackle modern slavery, including the forced labor and sex trafficking of women, men, and children. The United States agreed to work with ASEAN members to harmonize legal frameworks in defining and prohibiting human trafficking, increase cross-border joint investigation, and build capacity for a standardized response to trafficking victims’ needs. To advance these objectives, the United States pledged $500,000 in technical assistance and training for ASEAN and its member states.

This new commitment complements these existing U.S. Government programs in the region:
In Cambodia, the United States works with the Royal Government of Cambodia and civil society to provide psychological support and other services to address trauma and other mental health needs of victims of sex and labor trafficking. Assistance also provides economic support to trafficking victims through training and job placement.
In the Philippines, the United States helps build the capacity of frontline service providers and funds victim support activities, which makes prosecution efforts more effective and increases conviction rates. The programs support awareness campaigns as well as comprehensive and integrated protective services to trafficking victims to ensure they gain new life skills and reduce their vulnerability to re-trafficking. In addition, the Partnership for Growth between the Philippines and the U.S. will promote inclusive growth that is focused on generating meaningful employment and income opportunities for the traditionally neglected segments of the population—those most vulnerable to human trafficking.
In Vietnam, U.S.-funded efforts have led to valuable research on victim protection and prosecution procedures, and key pilot projects have improved shelter conditions and services provided to victims.
In an anti-trafficking prevention effort across the region, USAID funds MTV-EXIT (End Exploitation and Trafficking), a global multimedia campaign. In Southeast Asia, the program raises awareness of trafficking among youth and vulnerable populations to prevent human trafficking in Cambodia, Indonesia, Philippines, Thailand, and Vietnam, and will open in Burma in December through a public concert held in Rangoon’s People’s Square. Since 2006, MTV EXIT has produced 30 major concert events, 76 television and online programs, and dozens of outreach activities and has engaged over 700,000 regional youth. Beginning in late November, ASEAN and MTV Exit will host a Youth Session to provide training in social media to combat TIP and build regional networks to further enhance awareness. Read more at mtvexit.org/liveinmyanmar.

BURMA: This September, President Obama made a public commitment to enhancing the United States’ partnership with Burma on trafficking in persons, as part of our continued support for Burma’s ongoing reforms.

"Last week I was proud to welcome to the Oval Office not only a great champion of democracy but a fierce advocate against the use of forced labor and child soldiers—Aung San Suu Kyi. And as part of our engagement, we’ll encourage Burma to keep taking steps to reform—because nations must speak with one voice: Our people and our children are not for sale."

To honor this commitment, and in light of the progress made by the Government of Burma on combating trafficking in persons over the last two years, this week the Governments of the United States and Burma announced a new joint plan to counter trafficking in persons, which will include the establishment of a formal, senior-level dialogue. The United States is committed to enhancing Burma’s progress through the sharing of technical knowledge and best practices, heralding a new era of U.S.-Burma cooperation.

Areas of cooperation under the joint action plan include:
Identifying trafficking offenses;
Investigating and prosecuting trafficking offenders;
Providing victims with access to services in line with existing international guidelines; and
Preventing Burmese citizens from being subjected to sex trafficking or forced labor either within the country’s borders or abroad.