[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;
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<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