[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