[Weekly Compilation of Presidential Documents Volume 45, Number 2 (Monday, January 19, 2009)]
[Pages 86-87]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 8342--To Suspend Entry as Immigrants and Nonimmigrants of 
Foreign Government Officials Responsible for Failing To Combat 
Trafficking in Persons

 January 16, 2009

 By the President of the United States

 of America

 A Proclamation

    In order to foster greater resolve to address trafficking in persons 
(TIP), specifically in punishing acts of trafficking and providing 
protections to the victims of these crimes, consistent with the 
Trafficking Victims Protection Act of 2000, as amended (the ``Act'') (22 
U.S.C. 7101 et seq.), it is in the interests of the United States to 
restrict the international travel and to suspend entry into the United 
States, as immigrants or nonimmigrants, of certain senior government 
officials responsible for domestic law enforcement, justice, or labor 
affairs who have impeded their governments' antitrafficking efforts, 
have failed to implement their governments' antitrafficking laws and 
policies, or who otherwise bear responsibility for their governments' 
failures to take steps recognized internationally as appropriate to 
combat trafficking in persons, and whose governments have been ranked 
more than once as Tier 3 countries, which represent the worst anti-TIP 
performers, in the Department of State's annual Trafficking in Persons 
Report, and for which I have made a determination pursuant to section 
110(d)(1)-(2) or (4) of the Act. The Act reflects international 
antitrafficking standards that guide efforts to eradicate this modern-
day form of slavery around the world.
     Now, Therefore, I, George W. Bush, President of the United States 
of America, by virtue of the authority vested in me by the Constitution 
and the laws of the United States, including section 212(f) of the 
Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f), and section 
301 of title 3, United

[[Page 87]]

States Code, hereby find that the unrestricted immigrant and 
nonimmigrant entry into the United States of persons described in 
section 1 of this proclamation would, except as provided for in sections 
2 and 3 of this proclamation, be detrimental to the interests of the 
United States.
    I therefore hereby proclaim that:
    Section 1. The entry into the United States, as immigrants or 
nonimmigrants, of the following aliens is hereby suspended:
     (a) Senior government officials--defined as the heads of ministries 
or agencies and officials occupying positions within the two 
bureaucratic levels below those top positions--responsible for domestic 
law enforcement, justice, or labor affairs who have impeded their 
governments' antitrafficking efforts, have failed to implement their 
governments' antitrafficking laws and policies, or who otherwise bear 
responsibility for their governments' failures to take steps recognized 
internationally as appropriate to combat trafficking in persons, and who 
are members of governments for which I have made a determination 
pursuant to section 110(d)(1)-(2) or (4) of the Act, in the current year 
and at least once in the preceding 3 years;
    (b) The spouses of persons described in subsection (a) of this 
section.
    Sec. 2. Section 1 of this proclamation shall not apply with respect 
to any person otherwise covered by section 1 where entry of such person 
would not be contrary to the interest of the United States.
    Sec. 3. Persons covered by sections 1 or 2 of this proclamation 
shall be identified by the Secretary of State or the Secretary's 
designee, in his or her sole discretion, pursuant to such procedures as 
the Secretary may establish under section 5 of this proclamation.
    Sec. 4. Nothing in this proclamation shall be construed to derogate 
from United States Government obligations under applicable international 
agreements.
    Sec. 5. The Secretary of State shall implement this proclamation 
pursuant to such procedures as the Secretary, in consultation with the 
Secretary of Homeland Security, may establish.
    Sec. 6. This proclamation is effective immediately. It shall remain 
in effect until such time as the Secretary of State determines that it 
is no longer necessary and should be terminated, either in whole or in 
part. Any such determination by the Secretary of State shall be 
published in the Federal Register.
    Sec. 7. This proclamation is not intended to, and does not, create 
any right, benefit, or privilege, substantive or procedural, enforceable 
at law or in equity by any party against the United States, its 
departments, agencies, instrumentalities, or entities, its officers or 
employees, or any other person.
     In Witness Whereof, I have hereunto set my hand this sixteenth day 
of January, in the year of our Lord two thousand nine, and of the 
Independence of the United States of America the two hundred and thirty-
third.
                                                George W. Bush

 [Filed with the Office of the Federal Register, 11:15 a.m., January 21, 
2009]

Note: This proclamation will be published in the Federal Register on 
January 22.