[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Presidential Documents]
[Pages 58921-58923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23641]


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  Federal Register / Vol. 77 , No. 185 / Monday, September 24, 2012 / 
Presidential Documents  

[[Page 58921]]


                Presidential Determination No. 2012-16 of September 14, 
                2012

                
Presidential Determination With Respect to 
                Foreign Governments' Efforts Regarding Trafficking in 
                Persons

                Memorandum for the Secretary of State

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

                Make the determination provided in section 
                110(d)(1)(A)(i) of the Act, with respect to the 
                Democratic Republic of the Congo, Equatorial Guinea, 
                Sudan, and Zimbabwe, not to provide certain funding for 
                those countries' governments for Fiscal Year 2013, 
                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, the 
                Democratic People's Republic of Korea, Eritrea, Iran, 
                Madagascar, and Syria not to provide certain funding 
                for those countries' governments for Fiscal Year 2013, 
                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, Kuwait, Libya, Papua New Guinea, Saudi 
                Arabia, and Yemen that provision to these countries' 
                governments of all programs, projects, or activities of 
                assistance 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 Democratic Republic of the 
                Congo, that 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 to the army of the 
                Democratic Republic of the Congo, 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 Sudan, that 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 to the 
                Sudanese land forces, air forces, and Popular Defense 
                Force, 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 Iran, 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 Syria, 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;

[[Page 58922]]

                Determine, consistent with section 110(d)(4) of the 
                Act, with respect to Equatorial Guinea, that a partial 
                waiver to allow funding for programs described in 
                section 110(d)(1)(A)(i) of the Act to support programs 
                to study and combat the spread of infectious diseases 
                and to advance sustainable natural resource management 
                and biodiversity 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 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, and for programs to support the promotion 
                of health, good governance, education, agriculture and 
                food security, poverty reduction, livelihoods, family 
                planning, and macroeconomic growth including 
                anticorruption, 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:

(1) 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; or

(2) 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 mandates concerning U.S. participation in the multilateral 
development banks; or

(3) is complementary to or has similar policy objectives to programs being 
implemented bilaterally by the United States Government; or

(4) 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 
anti-trafficking policy, regulations, or legislation; or

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

(6) 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.

[[Page 58923]]

                You are hereby authorized and directed to submit this 
                determination, with its Bolivia, Burma, and Venezuela 
                memoranda of justification, under section 706 of the 
                FRAA, to the Congress, and publish it in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                     Washington, September 14, 2012.

[FR Doc. 2012-23641
Filed 9-21-12; 11:15 am]
Billing code 4710-10-P