    [Weekly Compilation of Presidential Documents Volume 41, Number 38 (Monday, September 26, 2005)]
    [Pages 1441-1442]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Presidential Determination With Respect to Foreign Governments' Efforts
    Regarding Trafficking in Persons

    September 21, 2005

     Presidential Determination No. 2005-37

    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), as amended, (the
    ``Act''), I hereby:
     <bullet>    Make the determination provided in section 110(d)(1)(A)(i)
                of the Act, with respect to Cambodia and Venezuela, not to
                provide certain funding for those countries' governments for
                fiscal year 2006, until such government complies with the
                minimum standards or makes significant efforts to bring
                itself 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;
     <bullet>    Make the determination provided in section 110(d)(1)(A)(ii)
                of the Act, with respect to Burma, Cuba, and the Democratic
                People's Republic of Korea (DPRK), not to provide certain
                funding for those countries' governments for fiscal year
                2006, until such government complies with the minimum
                standards or makes significant efforts to bring itself 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;
     <bullet>    Make the determination provided in section 110(d)(3) of the
                Act, concerning the determinations of the Secretary of State
                with respect to Bolivia, Jamaica, Qatar, Sudan, Togo, and
                the United Arab Emirates;
     <bullet>    Determine, consistent with section 110(d)(4) of the Act,
                with respect to Cambodia, for all programs, projects, or
                activities of assistance for victims of trafficking in
                persons or to combat such trafficking, for promoting good
                governance, or which would have a significant adverse effect
                on vulnerable populations if suspended, that provision to
                Cambodia of the assistance described in sections
                110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such
                programs, projects, or activities would promote the purposes
                of the Act or is otherwise in the national interest of the
                United States;
     <bullet>    Determine, consistent with section 110(d)(4) of the Act,
                with respect to Ecuador, that provision to Ecuador of all
                programs, projects, or activities of assistance described in
                sections 110(d)(1)(A)(i) 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;
     <bullet>    Determine, consistent with section 110(d)(4) of the Act,
                with respect to Kuwait, that provision to Kuwait of all
                programs, projects, or activities of assistance described in
                sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act is in
                the national interest of the United States;
     <bullet>    Determine, consistent with section 110(d)(4) of the Act,
                with respect to Saudi Arabia, that provision to Saudi Arabia
                of all programs, projects, or activities of assistance
                described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of
                the Act is in the national interest of the United States;
     <bullet>    Determine, consistent with section 110(d)(4) of the Act,
                with respect to Venezuela, for all programs, projects, or
                activities of assistance for victims of trafficking in
                persons or to combat such trafficking, or for strengthening
                the democratic process, including strengthening political
                parties and supporting electoral observation and monitoring
                and related programs, or for public diplomacy, that
                provision to Venezuela of the assistance described in
                sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for
                such programs, projects, or activities would promote the
                purposes of the Act or is otherwise in the national interest
                of the United States;

    [[Page 1442]]

     <bullet>    Determine, consistent with section 110(d)(4) of the Act,
                that assistance to Cambodia or Venezuela described in
                section 110(d)(1)(B) of the Act that

     (1)         is a regional program, project, or activity under which the
                total benefit to either Cambodia or Venezuela 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 the
                country's legal system, including in areas that impact the
                country's ability to investigate and prosecute trafficking
                cases or otherwise improve implementation of a country's
                anti-trafficking policy, regulations or legislation; or

     (5)         is engaging a government, international organization, or
                civil society organization, and that 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 or
                training and economic empowerment of populations clearly at
                risk of falling victim to trafficking

                  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.
                                                    George W. Bush