[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61116-61120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27647]


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DEPARTMENT OF STATE

[Public Notice: 10237]


Request for Information for the 2018 Trafficking in Persons 
Report

SUMMARY: The Department of State (``the Department'') requests written 
information to assist in reporting on the degree to which the United 
States and foreign governments meet the minimum standards for the 
elimination of trafficking in persons (``minimum standards'') that are 
prescribed by the Trafficking Victims Protection Act of 2000, as 
amended (``TVPA''). This information will assist in the preparation of 
the Trafficking in Persons Report (``TIP Report'') that the Department 
submits annually to the U.S. Congress on government efforts to meet the 
minimum standards. Foreign governments that do not meet the minimum 
standards and are not making significant efforts to do so may be 
subject to restrictions on nonhumanitarian, nontrade-related foreign 
assistance from the United States, as defined by the TVPA. Submissions 
must be made in writing to the Office to Monitor and Combat Trafficking 
in Persons at the Department of State by January 31, 2018. Please refer 
to the Addresses, Scope of Interest, and Information Sought sections of 
this Notice for additional instructions on submission requirements.

DATES: Submissions must be received by 5 p.m. on January 31, 2018.

ADDRESSES: Written submissions and supporting documentation may be 
submitted by the following methods:
    Email (preferred): [email protected] for submissions related to 
foreign governments and [email protected] for submissions related 
to the United States.
     Facsimile (fax): 202-312-9637.
     Mail, Express Delivery, Hand Delivery and Messenger 
Service: U.S. Department of State, Office to Monitor and Combat 
Trafficking in Persons (J/TIP), 1800 G Street NW, Suite 2201, 
Washington, DC 20520. Please note that materials submitted by mail may 
be delayed due to security screenings and processing.
    Scope of Interest: The Department requests information relevant to 
assessing the United States' and foreign governments' efforts to meet 
the minimum standards for the elimination of trafficking in persons 
during the reporting period (April 1, 2017-March 31, 2018). The minimum 
standards are listed in the Background section. Submissions must 
include information relevant to efforts to meet the minimum standards 
and should include, but need not be limited to, answering the questions 
in the Information Sought section. Only those questions for which the 
submitter has direct professional experience should be answered and 
that experience should be noted. For any critique or deficiency 
described, please provide a recommendation to remedy it. Note the 
country or countries that are the focus of the submission.
    Submissions may include written narratives that answer the 
questions presented in this Notice, research, studies, statistics, 
fieldwork, training materials, evaluations, assessments, and other 
relevant evidence of local, state/provincial, and federal/central 
government efforts. To the extent possible, precise dates and numbers 
of officials or citizens affected should be included.
    Where applicable, written narratives providing factual information 
should provide citations of sources, and copies of the source material 
should be provided. If possible, send electronic copies of the entire 
submission, including source material. If primary sources are used, 
such as research studies, interviews, direct observations, or other 
sources of quantitative or qualitative data, provide details on the 
research or data-gathering methodology. The Department does not include 
in the TIP Report, and is therefore not seeking, information on 
prostitution, migrant smuggling, visa fraud, or child abuse, unless 
such conduct occurs in the context of trafficking in persons as defined 
in the TVPA.
    Confidentiality: Please provide the name, phone number, and email 
address of a single point of contact for any submission. It is 
Department practice not to identify in the TIP Report information 
concerning sources to safeguard those sources. Please note, however, 
that any information submitted to the Department may be releasable 
pursuant to the provisions of the Freedom of Information Act or other 
applicable law. When applicable, portions of submissions relevant to 
efforts by other U.S. government agencies will be shared with those 
agencies.
    Response: This is a request for information only; there will be no 
response to submissions.

SUPPLEMENTARY INFORMATION: 

I. Background

    The TIP Report: The TIP Report is the most comprehensive worldwide 
report on governments' efforts to combat trafficking in persons. It 
represents an annually updated, global look at the nature and scope of 
trafficking in persons and the broad range of government actions to 
confront and eliminate it. The U.S. government uses the Report to 
engage in diplomacy, to encourage partnership in creating and 
implementing laws and policies to combat trafficking, and to target 
resources on prevention, protection, and prosecution programs. 
Worldwide, the Report is used by international organizations, foreign 
governments, and nongovernmental organizations as a tool to examine 
where resources are most needed. Prosecuting traffickers, protecting 
victims, and preventing trafficking are the ultimate goals of the 
Report and of the U.S government's anti-trafficking policy.
    The Department prepares the TIP Report using information from 
across the U.S. government, foreign government officials, 
nongovernmental and international organizations, published reports, and 
research trips to every region. The Report focuses on concrete actions 
that governments take to fight trafficking in persons, including 
prosecutions, convictions, and sentences for traffickers, as well as

[[Page 61117]]

victim protection measures and prevention efforts. Each Report 
narrative also includes recommendations for each country. These 
recommendations are used to assist the Department in measuring 
governments' progress from one year to the next and determining whether 
governments meet the minimum standards for the elimination of 
trafficking in persons or are making significant efforts to do so.
    The TVPA creates a four-tier ranking system. Tier placement is 
based principally on the extent of government action to combat 
trafficking. The Department first evaluates whether the government 
fully meets the TVPA's minimum standards for the elimination of 
trafficking. Governments that do so are placed on Tier 1. For other 
governments, the Department considers the extent of such efforts. 
Governments that are making significant efforts to meet the minimum 
standards are placed on Tier 2. Governments that do not fully meet the 
minimum standards and are not making significant efforts to do so are 
placed on Tier 3. Finally, the Department considers Special Watch List 
criteria and, when applicable, places countries on Tier 2 Watch List. 
For more information, the 2017 TIP Report can be found at http://www.state.gov/j/tip/rls/tiprpt/2017/index.htm.
    Since the inception of the TIP Report in 2001, the number of 
countries included and ranked has more than doubled; the 2017 TIP 
Report included 187 countries and territories. Around the world, the 
TIP Report and the promising practices reflected therein have inspired 
legislation, national action plans, policy implementation, program 
funding, protection mechanisms that complement prosecution efforts, and 
a stronger global understanding of this crime.
    Since 2003, the primary reporting on the United States' anti-
trafficking activities has been through the annual Attorney General's 
Report to Congress and Assessment of U.S. Government Activities to 
Combat Human Trafficking (``AG Report'') mandated by section 105 of the 
TVPA (22 U.S.C. 7103(d)(7)). Since 2010, the TIP Report, through a 
collaborative interagency process, has included an analysis of U.S. 
government anti-trafficking efforts in light of the minimum standards 
to eliminate trafficking in persons set forth by the TVPA.

II. Minimum Standards for the Elimination of Trafficking in Persons

    The TVPA sets forth the minimum standards for the elimination of 
trafficking in persons as follows:
    (1) The government of the country should prohibit severe forms of 
trafficking in persons and punish acts of such trafficking.
    (2) For the knowing commission of any act of sex trafficking 
involving force, fraud, coercion, or in which the victim of sex 
trafficking is a child incapable of giving meaningful consent, or of 
trafficking which includes rape or kidnapping or which causes a death, 
the government of the country should prescribe punishment commensurate 
with that for grave crimes, such as forcible sexual assault.
    (3) For the knowing commission of any act of a severe form of 
trafficking in persons, the government of the country should prescribe 
punishment that is sufficiently stringent to deter and that adequately 
reflects the heinous nature of the offense.
    (4) The government of the country should make serious and sustained 
efforts to eliminate severe forms of trafficking in persons.
    The following factors should be considered as indicia of serious 
and sustained efforts to eliminate severe forms of trafficking in 
persons:
    (1) Whether the government of the country vigorously investigates 
and prosecutes acts of severe forms of trafficking in persons, and 
convicts and sentences persons responsible for such acts, that take 
place wholly or partly within the territory of the country, including, 
as appropriate, requiring incarceration of individuals convicted of 
such acts. For purposes of the preceding sentence, suspended or 
significantly reduced sentences for convictions of principal actors in 
cases of severe forms of trafficking in persons shall be considered, on 
a case-by-case basis, whether to be considered as an indicator of 
serious and sustained efforts to eliminate severe forms of trafficking 
in persons. After reasonable requests from the Department of State for 
data regarding investigations, prosecutions, convictions, and 
sentences, a government which does not provide such data, consistent 
with the capacity of such government to obtain such data, shall be 
presumed not to have vigorously investigated, prosecuted, convicted, or 
sentenced such acts. During the periods prior to the annual report 
submitted on June 1, 2004, and on June 1, 2005, and the periods 
afterwards until September 30 of each such year, the Secretary of State 
may disregard the presumption contained in the preceding sentence if 
the government has provided some data to the Department of State 
regarding such acts and the Secretary has determined that the 
government is making a good faith effort to collect such data.
    (2) Whether the government of the country protects victims of 
severe forms of trafficking in persons and encourages their assistance 
in the investigation and prosecution of such trafficking, including 
provisions for legal alternatives to their removal to countries in 
which they would face retribution or hardship, and ensures that victims 
are not inappropriately incarcerated, fined, or otherwise penalized 
solely for unlawful acts as a direct result of being trafficked, 
including by providing training to law enforcement and immigration 
officials regarding the identification and treatment of trafficking 
victims using approaches that focus on the needs of the victims.
    (3) Whether the government of the country has adopted measures to 
prevent severe forms of trafficking in persons, such as measures to 
inform and educate the public, including potential victims, about the 
causes and consequences of severe forms of trafficking in persons, 
measures to establish the identity of local populations, including 
birth registration, citizenship, and nationality, measures to ensure 
that its nationals who are deployed abroad as part of a diplomatic, 
peacekeeping, or other similar mission do not engage in or facilitate 
severe forms of trafficking in persons or exploit victims of such 
trafficking, a transparent system for remediating or punishing such 
public officials as a deterrent, measures to prevent the use of forced 
labor or child labor in violation of international standards, effective 
bilateral, multilateral, or regional information sharing and 
cooperation arrangements with other countries, and effective policies 
or laws regulating foreign labor recruiters and holding them civilly 
and criminally liable for fraudulent recruiting.
    (4) Whether the government of the country cooperates with other 
governments in the investigation and prosecution of severe forms of 
trafficking in persons and has entered into bilateral, multilateral, or 
regional law enforcement cooperation and coordination arrangements with 
other countries.
    (5) Whether the government of the country extradites persons 
charged with acts of severe forms of trafficking in persons on 
substantially the same terms and to substantially the same extent as 
persons charged with other serious crimes (or, to the extent such 
extradition would be inconsistent with the laws of such country or with 
international agreements to which the country is a

[[Page 61118]]

party, whether the government is taking all appropriate measures to 
modify or replace such laws and treaties so as to permit such 
extradition).
    (6) Whether the government of the country monitors immigration and 
emigration patterns for evidence of severe forms of trafficking in 
persons and whether law enforcement agencies of the country respond to 
any such evidence in a manner that is consistent with the vigorous 
investigation and prosecution of acts of such trafficking, as well as 
with the protection of human rights of victims and the internationally 
recognized human right to leave any country, including one's own, and 
to return to one's own country.
    (7) Whether the government of the country vigorously investigates, 
prosecutes, convicts, and sentences public officials, including 
diplomats and soldiers, who participate in or facilitate severe forms 
of trafficking in persons, including nationals of the country who are 
deployed abroad as part of a diplomatic, peacekeeping, or other similar 
mission who engage in or facilitate severe forms of trafficking in 
persons or exploit victims of such trafficking, and takes all 
appropriate measures against officials who condone such trafficking. A 
government's failure to appropriately address public allegations 
against such public officials, especially once such officials have 
returned to their home countries, shall be considered inaction under 
these criteria. After reasonable requests from the Department of State 
for data regarding such investigations, prosecutions, convictions, and 
sentences, a government which does not provide such data consistent 
with its resources shall be presumed not to have vigorously 
investigated, prosecuted, convicted, or sentenced such acts. During the 
periods prior to the annual report submitted on June 1, 2004, and June 
1, 2005, and the periods afterwards until September 30 of each such 
year, the Secretary of State may disregard the presumption contained in 
the preceding sentence if the government has provided some data to the 
Department of State regarding such acts and the Secretary has 
determined that the government is making a good faith effort to collect 
such data.
    (8) Whether the percentage of victims of severe forms of 
trafficking in the country that are non-citizens of such countries is 
insignificant.
    (9) Whether the government has entered into effective, transparent 
partnerships, cooperative arrangements, or agreements that have 
resulted in concrete and measurable outcomes with
    (A) domestic civil society organizations, private sector entities, 
or international nongovernmental organizations, or into multilateral or 
regional arrangements or agreements, to assist the government's efforts 
to prevent trafficking, protect victims, and punish traffickers; or
    (B) the United States toward agreed goals and objectives in the 
collective fight against trafficking.
    (10) Whether the government of the country, consistent with the 
capacity of such government, systematically monitors its efforts to 
satisfy the criteria described in paragraphs (1) through (8) and makes 
available publicly a periodic assessment of such efforts.
    (11) Whether the government of the country achieves appreciable 
progress in eliminating severe forms of trafficking when compared to 
the assessment in the previous year.
    (12) Whether the government of the country has made serious and 
sustained efforts to reduce the demand for
    (A) commercial sex acts; and
    (B) participation in international sex tourism by nationals of the 
country.

III. Information Sought Relevant to the Minimum Standards

    Submissions should include, but need not be limited to, answers to 
relevant questions below for which the submitter has direct 
professional experience. Citations to source material should also be 
provided. Note the country or countries that are the focus of the 
submission. Please see the Scope of Interest section for detailed 
information regarding submission requirements.
    1. How have trafficking methods changed in the past 12 months? For 
example, are there victims from new countries of origin? Have new 
vulnerable groups at risk of human trafficking emerged? Is internal 
trafficking or child trafficking increasing? Has sex trafficking 
changed, for example from brothels to private apartments? Is labor 
trafficking now occurring in additional types of industries or 
agricultural operations? Have new methods of traffickers emerged? Is 
forced begging a problem? Does child sex tourism occur in the country 
or involve its nationals abroad, and if so, what are their destination 
countries?
    2. What were the government's major accomplishments in addressing 
human trafficking?
    3. What were the greatest deficiencies in the government's anti-
trafficking efforts? What were the limitations on the government's 
ability to address human trafficking problems in practice?
    4. In what ways has the government's efforts to combat trafficking 
in persons changed in the past year? What new laws, regulations, 
policies, and implementation strategies exist (e.g., substantive 
criminal laws and procedures, mechanisms for civil remedies, and 
victim-witness security, generally and in relation to court 
proceedings)?
    5. Please provide observations regarding the implementation of 
existing laws and procedures. Are there laws criminalizing those who 
knowingly solicit or patronize a trafficking victim to perform a 
commercial sex act and what are the prescribed penalties?
    6. Are the anti-trafficking laws and sentences strict enough to 
reflect the nature of the crime (e.g., commensurate with crimes such as 
rape or kidnapping)?
    7. Please provide observations on overall anti-trafficking law 
enforcement efforts and the efforts of police and prosecutors to pursue 
trafficking cases. Were any trafficking cases investigated and/or 
prosecuted, and any traffickers convicted during the reporting period? 
Is the government equally vigorous in pursuing labor trafficking and 
sex trafficking? Please note any efforts to investigate and prosecute 
suspects for knowingly soliciting or patronizing a sex trafficking 
victim to perform a commercial sex act.
    8. Do government officials understand the nature of trafficking? If 
not, please provide examples of misconceptions or misunderstandings.
    9. Do judges appear appropriately knowledgeable and sensitized to 
trafficking cases? What sentences have courts imposed upon traffickers? 
How common are suspended sentences and prison time of less than one 
year for convicted traffickers?
    10. What was the extent of official complicity in trafficking 
crimes? Were officials operating as traffickers (whether subjecting 
persons to forced labor and/or sex trafficking offenses) or taking 
actions that may facilitate trafficking (including accepting bribes to 
allow undocumented border crossings or suspending active investigations 
of suspected traffickers, etc.)? Were there examples of trafficking 
occurring in state institutions (e.g., prisons, child foster homes, 
institutions for mentally or physically disabled persons)? What 
proactive measures did the government take to prevent official 
complicity in trafficking in persons crimes? How did the government 
respond to reports of complicity that arose during the reporting 
period? Has the government

[[Page 61119]]

made efforts to prosecute, convict, and sentence complicit officials?
    11. Has the government vigorously investigated, prosecuted, 
convicted, and sentenced nationals of the country deployed abroad as 
part of a diplomatic, peacekeeping, or other similar mission who engage 
in or facilitate trafficking, including domestic servitude?
    12. Has the government investigated, prosecuted, convicted, and 
sentenced members of organized crime groups that are involved in 
trafficking?
    13. Please provide observations regarding government efforts to 
address the issue of unlawful child soldiering. Describe the 
government's efforts to disarm and demobilize child soldiers, to 
reintegrate former child soldiers, and to monitor the wellbeing of such 
children after reintegration.
    14. Did the government make a coordinated, proactive effort to 
identify victims of all forms of trafficking? Did officials effectively 
coordinate among one another and with relevant nongovernmental 
organizations to refer victims to care? Is there any screening 
conducted before deportation or when detaining migrants, including 
unaccompanied minors, to determine whether individuals were subjected 
to trafficking? Does the government also partner with nongovernmental 
organizations to conduct screenings?
    15. What victim services are provided (legal, medical, food, 
shelter, interpretation, mental health care, employment, training, 
etc.)? Who provides these services? If nongovernment organizations 
provide the services, does the government support their work either 
financially or otherwise?
    16. What was the overall quality of victim care? How could victim 
services be improved? Was government funding for trafficking victim 
protection and assistance adequate? Are there gaps in access to victim 
services?
    17. Are services provided adequately to victims of both labor and 
sex trafficking? Adults and children, including men and boys? Citizens 
and noncitizens? LGBTI persons? Persons with disabilities? Were such 
benefits linked to whether a victim assisted law enforcement or 
participated in a trial, or whether a trafficker was convicted? Could 
adult victims leave shelters at will? Could victims seek employment and 
work while receiving assistance?
    18. Do service providers and law enforcement work together 
cooperatively, for instance to share information about trafficking 
trends or to plan for services after a raid? What is the level of 
cooperation, communication, and trust between service providers and law 
enforcement?
    19. Were there means by which victims could obtain restitution from 
the government or file civil suits against traffickers for restitution, 
and did this happen in practice? Did prosecutors request restitution 
for victims?
    20. How did the government encourage victims to assist in the 
investigation and prosecution of trafficking? How did the government 
protect victims during the trial process? If a victim was a material 
witness in a court case, was the victim permitted to obtain employment, 
move freely about the country, or leave the country pending trial 
proceedings? How did the government work to ensure victims were not re-
traumatized during participation in trial proceedings? Can victims 
provide testimony via video or written statements? Were victims' 
identities kept confidential as part of such proceedings?
    21. Did the government provide, through a formal policy or 
otherwise, temporary or permanent residency status, or other relief 
from deportation, for foreign victims of human trafficking who may face 
retribution or hardship in the countries to which they would be 
deported? Were victims given the opportunity to seek legal employment 
while in this temporary or permanent residency? Were such benefits 
linked to whether a victim assisted law enforcement, participated in a 
trial or whether there was a successful prosecution? Does the 
government repatriate victims who wish to return home? Does the 
government assist with third country resettlement? Are victims awaiting 
repatriation or third country resettlement offered services? Are 
victims indeed repatriated or are they deported?
    22. Does the government effectively assist its nationals exploited 
abroad? Does the government work to ensure victims receive adequate 
assistance and support for their repatriation while in destination 
countries? Does the government provide adequate assistance to 
repatriated victims after their return to their countries of origin, 
and if so, what forms of assistance?
    23. Does the government inappropriately detain or imprison 
identified trafficking victims? Does the government punish, penalize, 
or detain trafficking victims for unlawful acts committed as a result 
of being subjected to trafficking, such as forgery of documents, 
illegal immigration, unauthorized employment, prostitution, theft, or 
drug production or transport? Does law enforcement screen for 
trafficking victims when arresting individuals in prostitution?
    24. What efforts has the government made to prevent human 
trafficking? Are there laws prohibiting employers or labor agents from 
confiscating workers' passports or travel documents, switching 
contracts without the workers' consent, or withholding payment of 
salaries as a means of keeping workers in a state of compelled service? 
Are these laws implemented to hold violators accountable and/or are 
such crimes investigated by law enforcement as potential indicators of 
trafficking? Do authorities conduct criminal investigations when 
indicators of trafficking are identified in the context of labor 
inspections?
    25. Does the government operate a hotline for potential victims? If 
so, how many calls did the hotline receive? What are the hours of 
operation? What languages are spoken? How many victims were identified 
as a result of calls to the hotline? Were any investigations initiated 
as a result of calls to the hotline?
    26. Has the government entered into effective bilateral, 
multilateral, or regional information-sharing and cooperation 
arrangements that have resulted in concrete and measureable outcomes?
    27. Did the government provide assistance to other governments in 
combating trafficking in persons through trainings or other assistance 
programs?
    28. Does the country have effective policies or laws regulating 
foreign labor recruiters? What efforts did the government make to 
punish labor recruiters or brokers involved in the recruitment of 
workers through knowingly fraudulent offers of employment and/or 
excessive fees for migration or job placement? What steps did the 
government take to minimize the trafficking risks faced by migrant 
workers departing from or arriving in the country and to raise 
awareness among potential labor migrants about limits on recruitment 
fees or their rights while abroad?
    29. What measures has the government taken to reduce the 
participation by nationals of the country in international and domestic 
child sex tourism? If any of the country's nationals are perpetrators 
of child sex tourism, do the country's child sexual abuse laws allow 
the prosecution of suspected sex tourists for crimes committed abroad?
    30. What measures did the government take to establish the identity 
of local populations, including birth registration and issuance of

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documentation, citizenship, and nationality?
    31. Did the government fund any anti-trafficking information, 
education, or awareness campaigns? Were these campaigns targeting 
potential trafficking victims and/or the demand for commercial sex or 
goods produced with forced labor? Does the government provide financial 
support to nongovernment organizations working to promote public 
awareness?
    32. What efforts did the government make to ensure that its 
policies, regulations, and agreements relating to migration, labor, 
trade, and investment did not facilitate forced labor?
    33. Please provide additional recommendations to improve the 
government's anti-trafficking efforts.
    34. Please highlight effective strategies and practices that other 
governments could consider adopting.

Kari Johnstone,
Acting Director, Office to Monitor and Combat Trafficking in Persons, 
Department of State.
[FR Doc. 2017-27647 Filed 12-22-17; 8:45 am]
 BILLING CODE 4710-17-P