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2023 Memorandum of Justification Consistent with Section 110(b)(2)(D) of the Trafficking Victims Protection Act of 2000 [1]

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Date: 2023-08 

Section 110(b)(2)(D) of the TVPA (22 U.S.C. § 7107(b)(2)(D)) requires a country that has been included on the Tier 2 Watch List for two consecutive years and has not been upgraded to “Tier 1” or “Tier 2” to be included in the following year’s report as “Tier 3.” The governments of Tier 3 countries are those governments that do not fully comply with the minimum standards for the elimination of trafficking and are not making significant efforts to do so. Section 110(b)(2)(D) authorizes the President to waive application of this automatic downgrade the following year if he determines and reports credible evidence to the SFRC and HFAC that such a waiver is justified because – “(i) the country has a written plan to begin making significant efforts to bring itself into compliance with the minimum standards for the elimination of trafficking; (ii) the plan, if implemented, would constitute making such significant efforts; and (iii) the country is devoting sufficient resources to implement that plan.” On September 20, 2010, the President delegated the waiver authority under this provision to the Secretary.

This memorandum provides the justifications for a waiver from the automatic downgrade from Tier 2 Watch List to Tier 3 for Haiti, South Africa, and Trinidad and Tobago for the 2023 TIP Report. Because each of the countries as detailed below has a written plan to begin making significant efforts to meet the minimum standards for the elimination of trafficking and is devoting sufficient resources to implement the plan, a waiver for each of the three listed countries is justified under Section 110(b)(2)(D) of the TVPA. With the waivers, all three countries will remain on Tier 2 Watch List for one additional year.

Explanations of Determinations

Haiti: The Government of Haiti adopted a 2023-2024 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat trafficking through public awareness campaigns, training, victim assistance including psychosocial and legal support, and additional administrative and technical capacity. The government devoted staff and funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Haiti into compliance with the minimum standards for the elimination of trafficking, and because the Government of Haiti has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Haiti in the 2023 TIP Report.

South Africa: The government of South Africa’s National Inter‑ministerial Committee for Trafficking in Persons adopted a 2023-2026 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat trafficking through public awareness campaigns, training, increased partnership and coordination, improved victim assistance including psychosocial and medical support and access to such services, and additional administrative capacity. The government devoted resources to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring South Africa into compliance with the minimum standards for the elimination of trafficking, and because the Government of South Africa has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for South Africa in the 2023 TIP Report.

Trinidad and Tobago: The government of Trinidad and Tobago adopted a 2021-2025 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat trafficking through public awareness campaigns, training, improved victim assistance including psychosocial and medical support, new shelters, and additional administrative capacity. The government devoted staff and funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Trinidad and Tobago into compliance with the minimum standards for the elimination of trafficking, and because the Government of Trinidad and Tobago has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Trinidad and Tobago in the 2023 TIP Report.

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[1] Url: https://www.state.gov/2023-memorandum-of-justification-consistent-with-section-110b2d-of-the-trafficking-victims-protection-act-of-2000/

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