Request for Information for the 2014; Trafficking in Persons Report, 76183-76186 [2013-29860]
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Federal Register / Vol. 78, No. 241 / Monday, December 16, 2013 / Notices
programs for Board members and
recommend changes, where appropriate.
In addition to the foregoing, the GC may
undertake other and different activities,
as appropriate, or as may be delegated
to it by the Board. In discharging its
role, the GC shall confer with
management and other employees of
OCC to the extent the GC deems it
necessary to so to fulfill its duties.3
OCC believes that the proposed rule
change is consistent with Section
17A(b)(3)(F) of the Act 4 because the GC
Charter helps ensure that OCC’s
governance structure is designed to
protect investors and the public interest.
By creating a GC Charter that clarifies
the duties and operations of the GC,
OCC will have, as required under Rule
17Ad–22(d)(8), a clear and transparent
governance structure that will fulfill the
public interests requirements in Section
17A of the Act, support the objectives of
OCC’s owners and participants and
promote the effectiveness of OCC’s risk
management procedures.5
(B) Clearing Agency’s Statement on
Burden on Competition
OCC does not believe that the
proposed rule change would impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.6 This
proposed rule change will help ensure
that OCC meets regulatory requirements
that it has a clear and transparent
governance structure, as well as clarify
the organization, duties and operation of
the GC through the adoption of the GC
Charter. To the extent OCC’s clearing
members are affected by proposed rule
change, OCC believes that, by
publishing the terms of the GC Charter
in the public domain, all of its
participants will have greater certainty
concerning OCC’s governance
arrangements. Accordingly, OCC does
not believe that the proposed rule will
it impose any burden on competition
that is not necessary or appropriate in
furtherance of the purposes of the Act.
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(C) Clearing Agency’s Statement on
Comments on the Proposed Rule
Change Received From Members,
Participants or Others
Written comments on the proposed
rule change were not and are not
intended to be solicited with respect to
3 The GC, subject to the approval of the Board, is
permitted to hire specialists or rely on outside
advisors or specialists to assist it in carrying out the
GC’s activities. The GC has the authority to approve
the fees and retention terms of such advisors and
specialists.
4 15 U.S.C. 78q–1(b)(3)(F).
5 17 CFR 240.17Ad–22(d)(8).
6 15 U.S.C. 78q–1(b)(3)(I).
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the proposed rule change and none have
been received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml), or
• Send an email to rule-comments@
sec.gov. Please include File Number
SR–OCC–2013–18 on the subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549–1090.
All submissions should refer to File
Number SR–OCC–2013–18. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method of submission. The
Commission will post all comments on
the Commission’s Internet Web site
(https://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C 552, will be
available for Web site viewing and
printing in the Commission’s Public
Reference Room located at 100 F Street
NE., Washington, DC 20549–1090 on
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official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for
inspection and copying at the principal
office of OCC and on OCC’s Web site at
https://www.theocc.com/about/
publications/bylaws.jsp. All comments
received will be posted without change;
the Commission does not edit personal
identifying information from
submissions. You should submit only
information that you wish to make
available publicly.
All submissions should refer to File
Number SR–OCC–2013–18 and should
be submitted on or before January 6,
2014.
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.7
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–29780 Filed 12–13–13; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
[Public Notice 8548]
Request for Information for the 2014;
Trafficking in Persons Report
The Department of State (‘‘the
Department’’) requests written
information to assist in reporting on the
degree to which the United States and
foreign governments comply with the
minimum standards for the elimination
of trafficking in persons (‘‘minimum
standards’’) that are prescribed by the
Trafficking Victims Protection Act of
2000, (Div. A, Pub. L. 106–386) as
amended (‘‘TVPA’’). This information
will assist in the preparation of the
Trafficking in Persons Report (‘‘TIP
Report’’) that the Department submits
annually to appropriate committees in
the U.S. Congress on governments’ level
of compliance with the minimum
standards. Foreign governments that do
not comply with the minimum
standards and are not making significant
efforts to do so may be subject to
restrictions on nonhumanitarian,
nontrade-related foreign assistance from
the United States, as defined by the
TVPA. Submissions must be made in
writing to the Office to Monitor and
Combat Trafficking in Persons at the
Department of State by January 30,
2014. Please refer to the Addresses,
Scope of Interest, and Information
Sought sections of this Notice for
additional instructions on submission
requirements.
SUMMARY:
7 17
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Submissions must be received by
the Office to Monitor and Combat
Trafficking in Persons by 5 p.m. on
January 30, 2014.
Addresses: Written submissions and
supporting documentation may be
submitted to the Office to Monitor and
Combat Trafficking in Persons by the
following methods:
• Facsimile (fax): 202–312–9637.
• Mail, Express Delivery, Hand
Delivery and Messenger Service: U.S.
Department of State, Office to Monitor
and Combat Trafficking in Persons
(J/TIP), 1800 G Street NW., Suite 2148,
Washington, DC 20520. Please note that
materials submitted by mail may be
delayed due to security screenings and
processing.
• Email (preferred): tipreport@
state.gov for submissions related to
foreign governments and tipreportUS@
state.gov for submissions related to the
United States.
Scope of Interest: The Department
requests information relevant to
assessing the United States’ and foreign
governments’ compliance with the
minimum standards for the elimination
of trafficking in persons in the year
2013. The minimum standards for the
elimination of trafficking in persons are
listed in the Background section.
Submissions must include information
relevant and probative of the minimum
standards for the elimination of
trafficking in persons and should
include, but need not be limited to,
answering the questions in the
Information Sought section. These
questions are designed to elicit
information relevant to the minimum
standards for the elimination of
trafficking in persons. Only those
questions for which the submitter has
direct professional experience should be
answered and that experience should be
noted. For any critique or deficiency
described, please provide a
recommendation to remedy it. Note the
country or countries that are the focus
of the submission.
Submissions may include written
narratives that answer the questions
presented in this Notice, research,
studies, statistics, fieldwork, training
materials, evaluations, assessments, and
other relevant evidence of local, state,
and federal government efforts. To the
extent possible, precise dates should be
included.
Where applicable, written narratives
providing factual information should
provide citations to sources and copies
of the source material should be
provided. If possible, send electronic
copies of the entire submission,
including source material. If primary
sources are utilized, such as research
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DATES:
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studies, interviews, direct observations,
or other sources of quantitative or
qualitative data, details on the research
or data-gathering methodology should
be provided. The Department does not
include in the Report, and is therefore
not seeking, information on prostitution,
human smuggling, visa fraud, or child
abuse, unless such conduct occurs in
the context of human trafficking.
Confidentiality: Please provide the
name, phone number, and email address
of a single point of contact for any
submission. It is Department practice
not to identify in the TIP Report
information concerning sources in order
to safeguard those sources. Please note,
however, that any information
submitted to the Department may be
releasable pursuant to the provisions of
the Freedom of Information Act or other
applicable law. When applicable,
portions of submissions relevant to
efforts by other U.S. government
agencies may be shared with those
agencies.
Response: This is a request for
information only; there will be no
response to submissions.
SUPPLEMENTARY INFORMATION:
I. Background
The TIP Report: The TIP Report is the
most comprehensive worldwide report
on governments’ efforts to combat
trafficking in persons. It represents an
updated, global look at the nature and
scope of trafficking in persons and the
broad range of government actions to
confront and eliminate it. The U.S.
Government uses the TIP Report to
engage in diplomacy, to encourage
partnership in creating and
implementing laws and policies, to
combat trafficking, and to target
resources on prevention, protection, and
prosecution programs. Worldwide, the
Report is used by international
organizations, foreign governments, and
nongovernmental organizations alike as
a tool to examine where resources are
most needed. Freeing victims,
preventing trafficking, and bringing
traffickers to justice are the ultimate
goals of the Report and of the U.S
Government’s anti-trafficking policy.
The Department prepares the TIP
Report using information from across
the U.S. Government, U.S. embassies,
foreign government officials,
nongovernmental and international
organizations, published reports, and
research trips to every region. The TIP
Report focuses on concrete actions that
governments take to fight trafficking in
persons, including prosecutions,
convictions, and prison sentences for
traffickers, as well as victim protection
measures and prevention efforts. Each
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TIP Report narrative also includes a
section on recommendations. These
recommendations are then used to assist
in measuring progress from one year to
the next and determining whether
governments comply with the minimum
standards to eliminate trafficking in
persons or are making significant efforts
to do so.
The TVPA creates a four tier ranking
system. Tier placement is based more on
the extent of government action to
combat trafficking than on the size of
the problem, although that is a
consideration. The Department first
evaluates whether the government fully
complies with the TVPA’s minimum
standards for the elimination of
trafficking. Governments that fully
comply are placed on Tier 1. For other
governments, the Department considers
the extent of efforts to reach
compliance. Governments that are
making significant efforts to meet the
minimum standards are placed on Tier
2. Governments that do not fully comply
with the minimum standards and are
not making significant efforts to do so
are placed on Tier 3. Finally, the
Department considers Special Watch
List criteria and, when applicable,
moves Tier 2 countries to Tier 2 Watch
List. For more information, the 2013 TIP
Report can be found at https://
www.state.gov/j/tip/rls/tiprpt/2013/
index.htm.
Since the inception of the TIP Report
in 2001, the number of countries
included and ranked has more than
doubled to include 188 countries in the
2013 TIP Report. Around the world, the
TIP Report and the best practices
reflected therein have inspired
legislation, national action plans, policy
implementation, program funding,
protection mechanisms that
complement prosecution efforts, and a
stronger global understanding of this
crime.
Since 2003, the primary reporting on
the United States’ anti-trafficking
activities has been through the annual
Attorney General’s Report to Congress
and Assessment of U.S. Government
Activities to Combat Human Trafficking
(‘‘AG Report’’) mandated by section 105
of the TVPA (22 U.S.C. 7103(d)(7)). In
addition, the United States, through a
collaborative interagency process,
includes in the TIP Report an analysis
of U.S. Government anti-trafficking
efforts in light of the minimum
standards to eliminate trafficking in
persons set forth by the TVPA.
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II. Minimum Standards for the
Elimination of Trafficking in Persons
The TVPA sets forth the minimum
standards for the elimination of
trafficking in persons as follows:
(1) The government of the country
should prohibit severe forms of
trafficking in persons and punish acts of
such trafficking.
(2) For the knowing commission of
any act of sex trafficking involving
force, fraud, coercion, or in which the
victim of sex trafficking is a child
incapable of giving meaningful consent,
or of trafficking which includes rape or
kidnapping or which causes a death, the
government of the country should
prescribe punishment commensurate
with that for grave crimes, such as
forcible sexual assault.
(3) For the knowing commission of
any act of a severe form of trafficking in
persons, the government of the country
should prescribe punishment that is
sufficiently stringent to deter and that
adequately reflects the heinous nature of
the offense.
(4) The government of the country
should make serious and sustained
efforts to eliminate severe forms of
trafficking in persons.
The following factors should be
considered as indicia of serious and
sustained efforts to eliminate severe
forms of trafficking in persons:
(1) Whether the government of the
country vigorously investigates and
prosecutes acts of severe forms of
trafficking in persons, and convicts and
sentences persons responsible for such
acts, that take place wholly or partly
within the territory of the country,
including, as appropriate, requiring
incarceration of individuals convicted
of such acts. For purposes of the
preceding sentence, suspended or
significantly reduced sentences for
convictions of principal actors in cases
of severe forms of trafficking in persons
shall be considered, on a case-by-case
basis, whether to be considered as an
indicator of serious and sustained
efforts to eliminate severe forms of
trafficking in persons. After reasonable
requests from the Department of State
for data regarding investigations,
prosecutions, convictions, and
sentences, a government which does not
provide such data, consistent with the
capacity of such government to obtain
such data, shall be presumed not to
have vigorously investigated,
prosecuted, convicted, or sentenced
such acts. The Secretary of State may
disregard the presumption contained in
the preceding sentence if the
government has provided some data to
the Department of State regarding such
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acts and the Secretary has determined
that the government is making a good
faith effort to collect such data.
(2) Whether the government of the
country protects victims of severe forms
of trafficking in persons and encourages
their assistance in the investigation and
prosecution of such trafficking,
including provisions for legal
alternatives to their removal to countries
in which they would face retribution or
hardship, and ensures that victims are
not inappropriately incarcerated, fined,
or otherwise penalized solely for
unlawful acts as a direct result of being
trafficked, including by providing
training to law enforcement and
immigration officials regarding the
identification and treatment of
trafficking victims using approaches
that focus on the needs of the victims.
(3) Whether the government of the
country has adopted measures to
prevent severe forms of trafficking in
persons, such as measures to inform and
educate the public, including potential
victims, about the causes and
consequences of severe forms of
trafficking in persons; measures to
establish the identity of local
populations, including birth
registration, citizenship, and
nationality; measures to ensure that its
nationals who are deployed abroad as
part of a diplomatic, peacekeeping, or
other similar mission do not engage in
or facilitate severe forms of trafficking in
persons or exploit victims of such
trafficking; a transparent system for
remediating or punishing such public
officials as a deterrent; measures to
prevent the use of forced labor or child
labor in violation of international
standards; effective bilateral,
multilateral, or regional informationsharing and cooperation arrangements
with other countries; and effective
policies or laws regulating foreign labor
recruiters and holding them civilly and
criminally liable for fraudulent
recruiting.
(4) Whether the government of the
country cooperates with other
governments in the investigation and
prosecution of severe forms of
trafficking in persons and has entered
into bilateral, multilateral, or regional
law enforcement cooperation and
coordination arrangements with other
countries.
(5) Whether the government of the
country extradites persons charged with
acts of severe forms of trafficking in
persons on substantially the same terms
and to substantially the same extent as
persons charged with other serious
crimes (or, to the extent such extradition
would be inconsistent with the laws of
such country or with international
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76185
agreements to which the country is a
party, whether the government is taking
all appropriate measures to modify or
replace such laws and treaties so as to
permit such extradition).
(6) Whether the government of the
country monitors immigration and
emigration patterns for evidence of
severe forms of trafficking in persons
and whether law enforcement agencies
of the country respond to any such
evidence in a manner that is consistent
with the vigorous investigation and
prosecution of acts of such trafficking,
as well as with the protection of human
rights of victims and the internationally
recognized human right to leave any
country, including one’s own, and to
return to one’s own country.
(7) Whether the government of the
country vigorously investigates,
prosecutes, convicts, and sentences
public officials, including diplomats
and soldiers, who participate in or
facilitate severe forms of trafficking in
persons, including nationals of the
country who are deployed abroad as
part of a diplomatic, peacekeeping, or
other similar mission who engage in or
facilitate severe forms of trafficking in
persons or exploit victims of such
trafficking, and takes all appropriate
measures against officials who condone
such trafficking. A government’s failure
to appropriately address public
allegations against such public officials,
especially once such officials have
returned to their home countries, shall
be considered inaction under these
criteria. After reasonable requests from
the Department of State for data
regarding such investigations,
prosecutions, convictions, and
sentences, a government which does not
provide such data consistent with its
resources shall be presumed not to have
vigorously investigated, prosecuted,
convicted, or sentenced such acts. The
Secretary of State may disregard the
presumption contained in the preceding
sentence if the government has provided
some data to the Department of State
regarding such acts and the Secretary
has determined that the government is
making a good faith effort to collect
such data.
(8) Whether the percentage of victims
of severe forms of trafficking in the
country that are non-citizens of such
countries is insignificant.
(9) Whether the government has
entered into effective, transparent
partnerships, cooperative agreements, or
agreements that have resulted in
concrete and measureable outcomes
with—
(A) domestic civil society
organizations, private sector entities, or
international non-governmental
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organizations, or into multilateral or
regional arrangements or agreements, to
assist the government’s efforts to
prevent trafficking, protect victims, and
punish traffickers or
(B) the United States toward agreed
goals and objectives in the collective
fight against trafficking.
(10) Whether the government of the
country, consistent with the capacity of
such government, systematically
monitors its efforts to satisfy the criteria
described in paragraphs (1) through (8)
and makes available publicly a periodic
assessment of such efforts.
(11) Whether the government of the
country achieves appreciable progress
in eliminating severe forms of
trafficking when compared to the
assessment in the previous year.
(12) Whether the government of the
country has made serious and sustained
efforts to reduce the demand for (A)
commercial sex acts; and (B)
participation in international sex
tourism by nationals of the country.
III. Information Sought Relevant to the
Minimum Standards
Submissions should include, but need
not be limited to, answers to relevant
questions below for which the submitter
has direct professional experience and
that experience should be noted.
Citations to source material should also
be provided. Note the country or
countries that are the focus of the
submission. Please see the Scope of
Interest section for detailed information
regarding submission requirements.
1. How have trafficking methods
changed in the past 12 months? For
example, are there victims from new
countries of origin? Is internal
trafficking or child trafficking
increasing? Has sex trafficking changed
from brothels to private apartments? Is
labor trafficking now occurring in
additional types of industries or
agricultural operations? Is forced
begging a problem?
2. In what ways has the government’s
efforts to combat trafficking in persons
changed in the past year? What new
laws, regulations, policies, and
implementation strategies exist (e.g.,
substantive criminal laws and
procedures, mechanisms for civil
remedies, and victim-witness security,
generally, and in relation to court
proceedings)?
3. Please provide observations
regarding the implementation of
existing laws and procedures.
4. Is the government equally vigorous
in pursuing labor trafficking and sex
trafficking?
5. Are the anti-trafficking laws and
sentences strict enough to reflect the
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nature of the crime? Are sex trafficking
sentences commensurate with rape
sentences?
6. Do government officials understand
the nature of trafficking? If not, please
provide examples of misconceptions or
misunderstandings.
7. Do judges appear appropriately
knowledgeable and sensitized to
trafficking cases? What sentences have
courts imposed upon traffickers? How
common are suspended sentences and
prison time of less than one year for
convicted traffickers?
8. Please provide observations
regarding the efforts of police and
prosecutors to pursue trafficking cases.
9. Are government officials (including
law enforcement, diplomats, and
soldiers/peacekeepers) complicit in
human trafficking by, for example,
profiting from, taking bribes, or
receiving sexual services for allowing it
to continue? Are government officials
operating trafficking rings or activities?
If so, have these government officials
been subject to an investigation and/or
prosecution? What punishments have
been imposed?
10. Has the government vigorously
investigated, prosecuted, convicted, and
sentenced nationals of the country
deployed abroad as part of a diplomatic,
peacekeeping, or other similar mission
who engage in or facilitate trafficking?
11. Has the government investigated,
prosecuted, convicted, and sentenced
organized crime groups that are
involved in trafficking?
12. Is the country a source of sex
tourists and, if so, what are their
destination countries? Is the country a
destination for sex tourists and, if so,
what are their source countries?
13. Please provide observations
regarding government efforts to address
the issue of unlawful child soldiering.
14. Does the government make a
coordinated, proactive effort to identify
victims? Is there any screening
conducted before deportation to
determine whether individuals were
trafficked?
15. What victim services are provided
(legal, medical, food, shelter,
interpretation, mental health care,
health care, employment, training, etc.)?
Who provides these services? If
nongovernment organizations provide
the services, does the government
support their work either financially or
otherwise?
16. How could victim services be
improved?
17. Are services provided equally and
adequately to victims of labor and sex
trafficking? Men, women, and children?
Citizen and noncitizen? Members of the
LGBT community?
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18. Do service providers and law
enforcement work together
cooperatively, for instance, to share
information about trafficking trends or
to plan for services after a raid? What is
the level of cooperation,
communication, and trust between
service providers and law enforcement?
19. May victims file civil suits or seek
legal action against their trafficker? Do
victims avail themselves of those
remedies?
20. Does the government repatriate
victims who wish to return home? Does
the government assist with third
country resettlement? Does the
government engage in any analysis of
whether victims may face retribution or
hardship upon repatriation to their
country of origin? Are victims awaiting
repatriation or third country
resettlement offered services? Are
victims indeed repatriated or are they
deported?
21. Does the government
inappropriately detain or imprison
identified trafficking victims?
22. Does the government punish
trafficking victims for forgery of
documents, illegal immigration,
unauthorized employment, or
participation in illegal activities
directed by the trafficker?
23. What efforts has the government
made to prevent human trafficking?
24. Has the government entered into
effective bilateral, multilateral, or
regional information-sharing and
cooperation arrangements that have
resulted in concrete and measureable
outcomes?
25. Does the country have effective
policies or laws regulating foreign labor
recruiters?
26. Does the government undertake
activities that could prevent or reduce
vulnerability to trafficking, such as
registering births of indigenous
populations?
27. Does the government provide
financial support to NGOs working to
promote public awareness or does the
government implement such campaigns
itself? Have public awareness
campaigns proven to be effective?
28. Please provide additional
recommendations to improve the
government’s anti-trafficking efforts.
29. Please highlight effective
strategies and practices that other
governments could consider adopting.
Dated: December 3, 2013.
Luis CdeBaca,
Ambassador-at-Large, Office to Monitor and
Combat Trafficking in Persons, U.S.
Department of State.
[FR Doc. 2013–29860 Filed 12–13–13; 8:45 am]
BILLING CODE 4710–00–P
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]]>Agencies
[Federal Register Volume 78, Number 241 (Monday, December 16, 2013)]
[Notices]
[Pages 76183-76186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29860]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice 8548]
Request for Information for the 2014; Trafficking in Persons
Report
SUMMARY: The Department of State (``the Department'') requests written
information to assist in reporting on the degree to which the United
States and foreign governments comply with the minimum standards for
the elimination of trafficking in persons (``minimum standards'') that
are prescribed by the Trafficking Victims Protection Act of 2000, (Div.
A, Pub. L. 106-386) as amended (``TVPA''). This information will assist
in the preparation of the Trafficking in Persons Report (``TIP
Report'') that the Department submits annually to appropriate
committees in the U.S. Congress on governments' level of compliance
with the minimum standards. Foreign governments that do not comply with
the minimum standards and are not making significant efforts to do so
may be subject to restrictions on nonhumanitarian, nontrade-related
foreign assistance from the United States, as defined by the TVPA.
Submissions must be made in writing to the Office to Monitor and Combat
Trafficking in Persons at the Department of State by January 30, 2014.
Please refer to the Addresses, Scope of Interest, and Information
Sought sections of this Notice for additional instructions on
submission requirements.
[[Page 76184]]
DATES: Submissions must be received by the Office to Monitor and Combat
Trafficking in Persons by 5 p.m. on January 30, 2014.
Addresses: Written submissions and supporting documentation may be
submitted to the Office to Monitor and Combat Trafficking in Persons by
the following methods:
Facsimile (fax): 202-312-9637.
Mail, Express Delivery, Hand Delivery and Messenger
Service: U.S. Department of State, Office to Monitor and Combat
Trafficking in Persons (J/TIP), 1800 G Street NW., Suite 2148,
Washington, DC 20520. Please note that materials submitted by mail may
be delayed due to security screenings and processing.
Email (preferred): tipreport@state.gov for submissions
related to foreign governments and tipreportUS@state.gov for
submissions related to the United States.
Scope of Interest: The Department requests information relevant to
assessing the United States' and foreign governments' compliance with
the minimum standards for the elimination of trafficking in persons in
the year 2013. The minimum standards for the elimination of trafficking
in persons are listed in the Background section. Submissions must
include information relevant and probative of the minimum standards for
the elimination of trafficking in persons and should include, but need
not be limited to, answering the questions in the Information Sought
section. These questions are designed to elicit information relevant to
the minimum standards for the elimination of trafficking in persons.
Only those questions for which the submitter has direct professional
experience should be answered and that experience should be noted. For
any critique or deficiency described, please provide a recommendation
to remedy it. Note the country or countries that are the focus of the
submission.
Submissions may include written narratives that answer the
questions presented in this Notice, research, studies, statistics,
fieldwork, training materials, evaluations, assessments, and other
relevant evidence of local, state, and federal government efforts. To
the extent possible, precise dates should be included.
Where applicable, written narratives providing factual information
should provide citations to sources and copies of the source material
should be provided. If possible, send electronic copies of the entire
submission, including source material. If primary sources are utilized,
such as research studies, interviews, direct observations, or other
sources of quantitative or qualitative data, details on the research or
data-gathering methodology should be provided. The Department does not
include in the Report, and is therefore not seeking, information on
prostitution, human smuggling, visa fraud, or child abuse, unless such
conduct occurs in the context of human trafficking.
Confidentiality: Please provide the name, phone number, and email
address of a single point of contact for any submission. It is
Department practice not to identify in the TIP Report information
concerning sources in order to safeguard those sources. Please note,
however, that any information submitted to the Department may be
releasable pursuant to the provisions of the Freedom of Information Act
or other applicable law. When applicable, portions of submissions
relevant to efforts by other U.S. government agencies may be shared
with those agencies.
Response: This is a request for information only; there will be no
response to submissions.
SUPPLEMENTARY INFORMATION:
I. Background
The TIP Report: The TIP Report is the most comprehensive worldwide
report on governments' efforts to combat trafficking in persons. It
represents an updated, global look at the nature and scope of
trafficking in persons and the broad range of government actions to
confront and eliminate it. The U.S. Government uses the TIP Report to
engage in diplomacy, to encourage partnership in creating and
implementing laws and policies, to combat trafficking, and to target
resources on prevention, protection, and prosecution programs.
Worldwide, the Report is used by international organizations, foreign
governments, and nongovernmental organizations alike as a tool to
examine where resources are most needed. Freeing victims, preventing
trafficking, and bringing traffickers to justice are the ultimate goals
of the Report and of the U.S Government's anti-trafficking policy.
The Department prepares the TIP Report using information from
across the U.S. Government, U.S. embassies, foreign government
officials, nongovernmental and international organizations, published
reports, and research trips to every region. The TIP Report focuses on
concrete actions that governments take to fight trafficking in persons,
including prosecutions, convictions, and prison sentences for
traffickers, as well as victim protection measures and prevention
efforts. Each TIP Report narrative also includes a section on
recommendations. These recommendations are then used to assist in
measuring progress from one year to the next and determining whether
governments comply with the minimum standards to eliminate trafficking
in persons or are making significant efforts to do so.
The TVPA creates a four tier ranking system. Tier placement is
based more on the extent of government action to combat trafficking
than on the size of the problem, although that is a consideration. The
Department first evaluates whether the government fully complies with
the TVPA's minimum standards for the elimination of trafficking.
Governments that fully comply are placed on Tier 1. For other
governments, the Department considers the extent of efforts to reach
compliance. Governments that are making significant efforts to meet the
minimum standards are placed on Tier 2. Governments that do not fully
comply with the minimum standards and are not making significant
efforts to do so are placed on Tier 3. Finally, the Department
considers Special Watch List criteria and, when applicable, moves Tier
2 countries to Tier 2 Watch List. For more information, the 2013 TIP
Report can be found at https://www.state.gov/j/tip/rls/tiprpt/2013/index.htm.
Since the inception of the TIP Report in 2001, the number of
countries included and ranked has more than doubled to include 188
countries in the 2013 TIP Report. Around the world, the TIP Report and
the best practices reflected therein have inspired legislation,
national action plans, policy implementation, program funding,
protection mechanisms that complement prosecution efforts, and a
stronger global understanding of this crime.
Since 2003, the primary reporting on the United States' anti-
trafficking activities has been through the annual Attorney General's
Report to Congress and Assessment of U.S. Government Activities to
Combat Human Trafficking (``AG Report'') mandated by section 105 of the
TVPA (22 U.S.C. 7103(d)(7)). In addition, the United States, through a
collaborative interagency process, includes in the TIP Report an
analysis of U.S. Government anti-trafficking efforts in light of the
minimum standards to eliminate trafficking in persons set forth by the
TVPA.
[[Page 76185]]
II. Minimum Standards for the Elimination of Trafficking in Persons
The TVPA sets forth the minimum standards for the elimination of
trafficking in persons as follows:
(1) The government of the country should prohibit severe forms of
trafficking in persons and punish acts of such trafficking.
(2) For the knowing commission of any act of sex trafficking
involving force, fraud, coercion, or in which the victim of sex
trafficking is a child incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which causes a death,
the government of the country should prescribe punishment commensurate
with that for grave crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe form of
trafficking in persons, the government of the country should prescribe
punishment that is sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious and sustained
efforts to eliminate severe forms of trafficking in persons.
The following factors should be considered as indicia of serious
and sustained efforts to eliminate severe forms of trafficking in
persons:
(1) Whether the government of the country vigorously investigates
and prosecutes acts of severe forms of trafficking in persons, and
convicts and sentences persons responsible for such acts, that take
place wholly or partly within the territory of the country, including,
as appropriate, requiring incarceration of individuals convicted of
such acts. For purposes of the preceding sentence, suspended or
significantly reduced sentences for convictions of principal actors in
cases of severe forms of trafficking in persons shall be considered, on
a case-by-case basis, whether to be considered as an indicator of
serious and sustained efforts to eliminate severe forms of trafficking
in persons. After reasonable requests from the Department of State for
data regarding investigations, prosecutions, convictions, and
sentences, a government which does not provide such data, consistent
with the capacity of such government to obtain such data, shall be
presumed not to have vigorously investigated, prosecuted, convicted, or
sentenced such acts. The Secretary of State may disregard the
presumption contained in the preceding sentence if the government has
provided some data to the Department of State regarding such acts and
the Secretary has determined that the government is making a good faith
effort to collect such data.
(2) Whether the government of the country protects victims of
severe forms of trafficking in persons and encourages their assistance
in the investigation and prosecution of such trafficking, including
provisions for legal alternatives to their removal to countries in
which they would face retribution or hardship, and ensures that victims
are not inappropriately incarcerated, fined, or otherwise penalized
solely for unlawful acts as a direct result of being trafficked,
including by providing training to law enforcement and immigration
officials regarding the identification and treatment of trafficking
victims using approaches that focus on the needs of the victims.
(3) Whether the government of the country has adopted measures to
prevent severe forms of trafficking in persons, such as measures to
inform and educate the public, including potential victims, about the
causes and consequences of severe forms of trafficking in persons;
measures to establish the identity of local populations, including
birth registration, citizenship, and nationality; measures to ensure
that its nationals who are deployed abroad as part of a diplomatic,
peacekeeping, or other similar mission do not engage in or facilitate
severe forms of trafficking in persons or exploit victims of such
trafficking; a transparent system for remediating or punishing such
public officials as a deterrent; measures to prevent the use of forced
labor or child labor in violation of international standards; effective
bilateral, multilateral, or regional information-sharing and
cooperation arrangements with other countries; and effective policies
or laws regulating foreign labor recruiters and holding them civilly
and criminally liable for fraudulent recruiting.
(4) Whether the government of the country cooperates with other
governments in the investigation and prosecution of severe forms of
trafficking in persons and has entered into bilateral, multilateral, or
regional law enforcement cooperation and coordination arrangements with
other countries.
(5) Whether the government of the country extradites persons
charged with acts of severe forms of trafficking in persons on
substantially the same terms and to substantially the same extent as
persons charged with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such country or with
international agreements to which the country is a party, whether the
government is taking all appropriate measures to modify or replace such
laws and treaties so as to permit such extradition).
(6) Whether the government of the country monitors immigration and
emigration patterns for evidence of severe forms of trafficking in
persons and whether law enforcement agencies of the country respond to
any such evidence in a manner that is consistent with the vigorous
investigation and prosecution of acts of such trafficking, as well as
with the protection of human rights of victims and the internationally
recognized human right to leave any country, including one's own, and
to return to one's own country.
(7) Whether the government of the country vigorously investigates,
prosecutes, convicts, and sentences public officials, including
diplomats and soldiers, who participate in or facilitate severe forms
of trafficking in persons, including nationals of the country who are
deployed abroad as part of a diplomatic, peacekeeping, or other similar
mission who engage in or facilitate severe forms of trafficking in
persons or exploit victims of such trafficking, and takes all
appropriate measures against officials who condone such trafficking. A
government's failure to appropriately address public allegations
against such public officials, especially once such officials have
returned to their home countries, shall be considered inaction under
these criteria. After reasonable requests from the Department of State
for data regarding such investigations, prosecutions, convictions, and
sentences, a government which does not provide such data consistent
with its resources shall be presumed not to have vigorously
investigated, prosecuted, convicted, or sentenced such acts. The
Secretary of State may disregard the presumption contained in the
preceding sentence if the government has provided some data to the
Department of State regarding such acts and the Secretary has
determined that the government is making a good faith effort to collect
such data.
(8) Whether the percentage of victims of severe forms of
trafficking in the country that are non-citizens of such countries is
insignificant.
(9) Whether the government has entered into effective, transparent
partnerships, cooperative agreements, or agreements that have resulted
in concrete and measureable outcomes with--
(A) domestic civil society organizations, private sector entities,
or international non-governmental
[[Page 76186]]
organizations, or into multilateral or regional arrangements or
agreements, to assist the government's efforts to prevent trafficking,
protect victims, and punish traffickers or
(B) the United States toward agreed goals and objectives in the
collective fight against trafficking.
(10) Whether the government of the country, consistent with the
capacity of such government, systematically monitors its efforts to
satisfy the criteria described in paragraphs (1) through (8) and makes
available publicly a periodic assessment of such efforts.
(11) Whether the government of the country achieves appreciable
progress in eliminating severe forms of trafficking when compared to
the assessment in the previous year.
(12) Whether the government of the country has made serious and
sustained efforts to reduce the demand for (A) commercial sex acts; and
(B) participation in international sex tourism by nationals of the
country.
III. Information Sought Relevant to the Minimum Standards
Submissions should include, but need not be limited to, answers to
relevant questions below for which the submitter has direct
professional experience and that experience should be noted. Citations
to source material should also be provided. Note the country or
countries that are the focus of the submission. Please see the Scope of
Interest section for detailed information regarding submission
requirements.
1. How have trafficking methods changed in the past 12 months? For
example, are there victims from new countries of origin? Is internal
trafficking or child trafficking increasing? Has sex trafficking
changed from brothels to private apartments? Is labor trafficking now
occurring in additional types of industries or agricultural operations?
Is forced begging a problem?
2. In what ways has the government's efforts to combat trafficking
in persons changed in the past year? What new laws, regulations,
policies, and implementation strategies exist (e.g., substantive
criminal laws and procedures, mechanisms for civil remedies, and
victim-witness security, generally, and in relation to court
proceedings)?
3. Please provide observations regarding the implementation of
existing laws and procedures.
4. Is the government equally vigorous in pursuing labor trafficking
and sex trafficking?
5. Are the anti-trafficking laws and sentences strict enough to
reflect the nature of the crime? Are sex trafficking sentences
commensurate with rape sentences?
6. Do government officials understand the nature of trafficking? If
not, please provide examples of misconceptions or misunderstandings.
7. Do judges appear appropriately knowledgeable and sensitized to
trafficking cases? What sentences have courts imposed upon traffickers?
How common are suspended sentences and prison time of less than one
year for convicted traffickers?
8. Please provide observations regarding the efforts of police and
prosecutors to pursue trafficking cases.
9. Are government officials (including law enforcement, diplomats,
and soldiers/peacekeepers) complicit in human trafficking by, for
example, profiting from, taking bribes, or receiving sexual services
for allowing it to continue? Are government officials operating
trafficking rings or activities? If so, have these government officials
been subject to an investigation and/or prosecution? What punishments
have been imposed?
10. Has the government vigorously investigated, prosecuted,
convicted, and sentenced nationals of the country deployed abroad as
part of a diplomatic, peacekeeping, or other similar mission who engage
in or facilitate trafficking?
11. Has the government investigated, prosecuted, convicted, and
sentenced organized crime groups that are involved in trafficking?
12. Is the country a source of sex tourists and, if so, what are
their destination countries? Is the country a destination for sex
tourists and, if so, what are their source countries?
13. Please provide observations regarding government efforts to
address the issue of unlawful child soldiering.
14. Does the government make a coordinated, proactive effort to
identify victims? Is there any screening conducted before deportation
to determine whether individuals were trafficked?
15. What victim services are provided (legal, medical, food,
shelter, interpretation, mental health care, health care, employment,
training, etc.)? Who provides these services? If nongovernment
organizations provide the services, does the government support their
work either financially or otherwise?
16. How could victim services be improved?
17. Are services provided equally and adequately to victims of
labor and sex trafficking? Men, women, and children? Citizen and
noncitizen? Members of the LGBT community?
18. Do service providers and law enforcement work together
cooperatively, for instance, to share information about trafficking
trends or to plan for services after a raid? What is the level of
cooperation, communication, and trust between service providers and law
enforcement?
19. May victims file civil suits or seek legal action against their
trafficker? Do victims avail themselves of those remedies?
20. Does the government repatriate victims who wish to return home?
Does the government assist with third country resettlement? Does the
government engage in any analysis of whether victims may face
retribution or hardship upon repatriation to their country of origin?
Are victims awaiting repatriation or third country resettlement offered
services? Are victims indeed repatriated or are they deported?
21. Does the government inappropriately detain or imprison
identified trafficking victims?
22. Does the government punish trafficking victims for forgery of
documents, illegal immigration, unauthorized employment, or
participation in illegal activities directed by the trafficker?
23. What efforts has the government made to prevent human
trafficking?
24. Has the government entered into effective bilateral,
multilateral, or regional information-sharing and cooperation
arrangements that have resulted in concrete and measureable outcomes?
25. Does the country have effective policies or laws regulating
foreign labor recruiters?
26. Does the government undertake activities that could prevent or
reduce vulnerability to trafficking, such as registering births of
indigenous populations?
27. Does the government provide financial support to NGOs working
to promote public awareness or does the government implement such
campaigns itself? Have public awareness campaigns proven to be
effective?
28. Please provide additional recommendations to improve the
government's anti-trafficking efforts.
29. Please highlight effective strategies and practices that other
governments could consider adopting.
Dated: December 3, 2013.
Luis CdeBaca,
Ambassador-at-Large, Office to Monitor and Combat Trafficking in
Persons, U.S. Department of State.
[FR Doc. 2013-29860 Filed 12-13-13; 8:45 am]
BILLING CODE 4710-00-P
