
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 division 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.
