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Memorandum of Justification Consistent With Section 110(B)(2)(D) of the Trafficking Victims Protection Act Of 2000, as Amended (TVPA) [1]

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Date: 2024-06 

Memorandum of Justification Consistent With Section 110(B)(2)(D) of the Trafficking Victims Protection Act Of 2000, as Amended (TVPA)

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 Committees on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives 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 of State.

This memorandum provides the justifications for a waiver from the automatic downgrade from Tier 2 Watch List to Tier 3 for Gabon, Kuwait, Madagascar, and Serbia for the 2024 Trafficking in Persons Report (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 four listed countries is justified under Section 110(b)(2)(D) of the TVPA. With the waivers, all four countries will remain on Tier 2 Watch List for one additional year.

Explanations of the determinations for each of these four countries

Gabon

The government of Gabon’s National Commission for the Prevention and Fight Against Human Trafficking adopted a 2024-2028 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat trafficking through public awareness campaigns, increased inter-ministerial partnership and coordination, protection and adequate care of victims of human trafficking, and increased trafficking prosecutions and convictions. The government devoted resources to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Gabon into compliance with the minimum standards for the elimination of trafficking, and because the Government of Gabon has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Gabon in the 2024 TIP Report.

Kuwait

The government of Kuwait adopted a 2023-2028 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat trafficking through increasing capacity of first responders to identify victims, conducting targeted awareness raising campaigns, and holding fraudulent recruiters accountable. The plan also directs ministries to increase capacity of protection actors, conduct victim-centered and trauma-informed training for law enforcement and prosecutors, and improve trafficking-related data collection and sharing. The government devoted funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Kuwait into compliance with the minimum standards for the elimination of trafficking, and because the Government of Kuwait has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Kuwait in the 2024 TIP Report.

Madagascar

The government of Madagascar adopted a 2023-2025 national action plan to combat trafficking in persons. The plan directs relevant ministries and government stakeholders to combat trafficking by continuing to train stakeholders in anti-trafficking efforts and conduct targeted awareness raising campaigns, while establishing a reporting mechanism to identify victims through public and semi-public entities. The government devoted funding to implement the plan. Because implementation of the written plan would constitute making significant efforts to bring Madagascar into compliance with the minimum standards for the elimination of trafficking, and because the Government of Madagascar has devoted sufficient resources to implement the plan, a waiver is justified under section 110(b)(2)(D) for Madagascar in the 2024 TIP Report.

Serbia

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

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