Request for Information for the 2019 Trafficking in Persons Report, 63553-63557 [2018-26617]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)]
[Notices]
[Pages 63553-63557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26617]


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DEPARTMENT OF STATE

[Public Notice: 10630]


Request for Information for the 2019 Trafficking in Persons 
Report

AGENCY: Department of State.

ACTION: Request for information.

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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 meet the minimum standards for the 
elimination of trafficking in persons (``minimum standards'') that are 
prescribed by the Trafficking Victims Protection Act (``TVPA''). This 
information will assist in the preparation of the Trafficking in 
Persons Report (``TIP Report'') that the Department submits annually to 
the U.S. Congress on government efforts to meet the minimum standards. 
Foreign governments that do not meet 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.

DATES: Submissions must be received by 5 p.m. on January 15, 2019.

ADDRESSES: Written submissions and supporting documentation may be 
submitted by the following methods:
     Email (preferred): [email protected] for submissions 
related to foreign governments and [email protected] for 
submissions related to the United States.
     Facsimile (fax): 202-453-8562.
     Mail, Express Delivery, Hand Delivery and Messenger 
Service: U.S. Department of State, Office to Monitor and Combat 
Trafficking in Persons (J/TIP), 2201 C Street NW, SA-09 Suite NE3054, 
Washington, DC 20520-0903. Please note that materials submitted by mail 
may be delayed due to security screenings and processing.
    Scope of Interest: The Department requests information relevant to 
assessing the United States' and foreign governments' efforts to meet 
the minimum standards for the elimination of trafficking in persons 
during the reporting period (April 1, 2018-March 31, 2019). The minimum 
standards are listed in the Background section or can be found here. 
Submissions must include information relevant to efforts to meet the 
minimum standards and should include, but need not be limited to, 
answering the questions in the Information Sought section. Submissions 
need not include answers to all the questions; 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/provincial, and federal/central 
government efforts. To the extent possible, precise dates and numbers 
of officials or citizens affected should be included.
    Written narratives providing factual information should provide 
citations of sources, and copies of and links to the source material 
should be provided. Please send electronic copies of the entire 
submission, including source material. If primary sources are used, 
such as research studies, interviews, direct observations, or other 
sources of quantitative or qualitative data, provide details on the 
research or data-gathering methodology and any supporting 
documentation. The Department does not include in the TIP Report, and 
is therefore not seeking, information on prostitution, migrant 
smuggling, visa fraud, or child abuse, unless such conduct occurs in 
the context of trafficking in persons as defined in the TVPA.
    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 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. Submissions related to the United States will be shared 
with U.S. government agencies, as will submissions relevant to efforts 
by other U.S. government 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 annually 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 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 as a tool to examine 
where resources are most needed. Prosecuting traffickers, protecting 
victims, and preventing trafficking are the ultimate goals of the

[[Page 63554]]

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, foreign government officials, 
nongovernmental and international organizations, survivors of 
trafficking in persons, published reports, and research trips to every 
region. The Report focuses on concrete actions that governments take to 
fight trafficking in persons, including prosecutions, convictions, and 
sentences for traffickers, as well as victim protection measures and 
prevention efforts. Each Report narrative also includes recommendations 
for each country. These recommendations are used to assist the 
Department in measuring governments' progress from one year to the next 
and determining whether governments meet the minimum standards for the 
elimination of trafficking in persons or are making significant efforts 
to do so.
    The TVPA creates a four-tier ranking system. Tier placement is 
based principally on the extent of government action to combat 
trafficking. The Department first evaluates whether the government 
fully meets the TVPA's minimum standards for the elimination of 
trafficking. Governments that do so are placed on Tier 1. For other 
governments, the Department considers the extent of such efforts. 
Governments that are making significant efforts to meet the minimum 
standards are placed on Tier 2. Governments that do not fully meet 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, places countries on Tier 2 Watch List. 
For more information, the 2018 TIP Report can be found at 
www.state.gov/j/tip/rls/tiprpt/2018/index.htm.
    Since the inception of the TIP Report in 2001, the number of 
countries included and ranked has more than doubled; the 2018 TIP 
Report included 187 countries and territories. Around the world, the 
TIP Report and the promising 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)). Since 2010, the TIP Report, through a 
collaborative interagency process, has included an assessment of U.S. 
government anti-trafficking efforts in light of the minimum standards 
to eliminate trafficking in persons set forth by the TVPA.

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. During the periods prior to the annual report 
submitted on June 1, 2004, and on June 1, 2005, and the periods 
afterwards until September 30 of each such year, 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

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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. During the 
periods prior to the annual report submitted on June 1, 2004, and June 
1, 2005, and the periods afterwards until September 30 of each such 
year, 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 arrangements, or agreements that have 
resulted in concrete and measurable outcomes with
    (A) Domestic civil society organizations, private sector entities, 
or international nongovernmental 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. 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 above for detailed 
information regarding submission requirements.
    1. How have trafficking methods and trends changed in the past 12 
months? For example, are there victims from new countries of origin? 
Have new vulnerable groups at risk of human trafficking emerged? Is 
internal trafficking or child trafficking increasing? Has sex 
trafficking changed, for example from brothels to private apartments? 
Is labor trafficking now occurring in additional types of industries or 
agricultural operations? Is forced begging a problem? Does child sex 
tourism occur in the country or involve its nationals abroad, and if 
so, what are their destination countries?
    2. What were the government's major accomplishments in addressing 
human trafficking?
    3. What were the greatest deficiencies in the government's anti-
trafficking efforts? What were the limitations on the government's 
ability to address human trafficking problems in practice?
    4. In what ways have 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)? Have government policies undermined or otherwise 
negatively impacted anti-trafficking efforts within that country?
    5. Please provide observations regarding the implementation of 
existing laws, policies, and procedures. Are there laws criminalizing 
those who knowingly solicit or patronize a trafficking victim to 
perform a commercial sex act and what are the prescribed penalties?
    6. Are the anti-trafficking laws and sentences strict enough to 
reflect the nature of the crime (e.g., commensurate with crimes such as 
rape or kidnapping)?
    7. Please provide observations on overall anti-trafficking law 
enforcement efforts and the efforts of police and prosecutors to pursue 
trafficking cases. Were any trafficking cases investigated and/or 
prosecuted, and any traffickers convicted during the reporting period? 
Is the government equally vigorous in pursuing labor trafficking and 
sex trafficking? Please note any efforts to investigate and prosecute 
suspects for knowingly soliciting or patronizing a sex trafficking 
victim to perform a commercial sex act.
    8. Do government officials understand the nature of all forms of 
trafficking? If not, please provide examples of misconceptions or 
misunderstandings.
    9. 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? How does this compare to other crimes 
such as rape and kidnapping?
    10. What was the extent of official complicity in trafficking 
crimes? Were officials, government contractors, or government grantees 
operating as traffickers (whether subjecting persons to forced labor 
and/or sex trafficking

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offenses) or taking actions that may facilitate trafficking (including 
accepting bribes to allow undocumented border crossings or suspending 
active investigations of suspected traffickers, etc.)? Were there 
examples of trafficking occurring in state institutions (e.g., prisons, 
child foster homes, institutions for mentally or physically disabled 
persons)? What proactive measures did the government take to prevent 
official complicity in trafficking in persons crimes? How did the 
government respond to reports of complicity that arose during the 
reporting period? Has the government made efforts to investigate, 
prosecute, convict, and sentence complicit officials?
    11. 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, including domestic servitude?
    12. Has the government investigated, prosecuted, convicted, and 
sentenced members of organized crime groups that are involved in 
trafficking?
    13. Did government officials engage in, support, or otherwise 
facilitate the unlawful recruitment and use of children in armed forces 
or security forces? [NOTE: This can include combat roles as well as 
support roles, but please be specific in this regard if possible.] Did 
any government-supported organizations or armed groups engage in the 
unlawful recruitment and use of children in such roles?
    14. Please provide observations regarding government efforts to 
address the issue of unlawful child soldiering. Describe the 
government's efforts to disarm and demobilize child soldiers, to 
reintegrate former child soldiers, and to monitor the wellbeing of such 
children after reintegration.
    15. Did the government make a coordinated, proactive effort to 
identify victims of all forms of trafficking? Did officials effectively 
coordinate among one another and with relevant nongovernmental 
organizations to refer victims to care? Is there any screening 
conducted before deportation or when detaining migrants, including 
unaccompanied minors, to determine whether individuals were subjected 
to trafficking? Were such individuals referred for protections 
services? Does the government also partner with nongovernmental 
organizations to conduct screenings? What happens if a potential case 
of human trafficking is identified?
    16. What victim services are provided (legal, medical, food, 
shelter, interpretation, mental 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? Are these service providers required to be 
trained on human trafficking and victim identification?
    17. What was the overall quality of victim care? How could victim 
services be improved? Was government funding for trafficking victim 
protection and assistance adequate? Are there gaps in access to victim 
services? Are services available regardless of geographic location 
within the country? Are services victim-centered and trauma-informed?
    18. Are services provided adequately to victims of both labor and 
sex trafficking? Adults and children, including men and boys? Citizens 
and noncitizens? LGBTI persons? Persons with disabilities? Were such 
benefits linked to whether a victim assisted law enforcement or 
participated in a trial, or whether a trafficker was convicted? Could 
adult victims leave shelters at will? Could victims seek employment and 
work while receiving assistance?
    19. 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?
    20. Were there means by which victims could obtain restitution from 
the government or file civil suits against traffickers for restitution, 
and did this happen in practice? Did prosecutors request restitution in 
all cases where it was required?
    21. How did the government encourage victims to assist in the 
investigation and prosecution of trafficking? How did the government 
protect victims during the trial process? If a victim was a material 
witness in a court case, was the victim permitted to obtain employment, 
move freely about the country, or leave the country pending trial 
proceedings? How did the government work to ensure victims were not re-
traumatized during participation in trial proceedings? Can victims 
provide testimony via video or written statements? Were victims' 
identities kept confidential as part of such proceedings?
    22. Did the government provide, through a formal policy or 
otherwise, temporary or permanent residency status, or other relief 
from deportation, for foreign victims of human trafficking who may face 
retribution or hardship in the countries to which they would be 
deported? Were victims given the opportunity to seek legal employment 
while in this temporary or permanent residency? Were such benefits 
linked to whether a victim assisted law enforcement, participated in a 
trial or whether there was a successful prosecution? Does the 
government repatriate victims who wish to return home? Does the 
government assist with third country resettlement? Are victims awaiting 
repatriation or third country resettlement offered services? Are 
victims indeed repatriated or are they deported?
    23. Does the government effectively assist its nationals exploited 
abroad? Does the government work to ensure victims receive adequate 
assistance and support for their repatriation while in destination 
countries? Does the government provide adequate assistance to 
repatriated victims after their return to their countries of origin, 
and if so, what forms of assistance?
    24. Does the government inappropriately detain or imprison 
identified trafficking victims? Does the government punish, penalize, 
or detain trafficking victims for unlawful acts committed as a result 
of being subjected to trafficking, such as forgery of documents, 
illegal immigration, unauthorized employment, prostitution, theft, or 
drug production or transport? Does law enforcement screen for 
trafficking victims when arresting individuals in prostitution?
    25. What efforts has the government made to prevent human 
trafficking? Are there laws prohibiting employers or labor agents from 
confiscating workers' passports or travel documents, switching 
contracts without the workers' consent, or withholding payment of 
salaries as a means of keeping workers in a state of compelled service? 
Are these laws implemented to hold violators accountable and/or are 
such crimes investigated by law enforcement as potential indicators of 
trafficking?
    26. Do authorities conduct criminal investigations when indicators 
of trafficking are identified in the context of labor inspections?
    27. Does the government operate a hotline for potential victims? If 
so, how many calls did the hotline receive? What are the hours of 
operation? What languages are spoken? How many victims were identified 
as a result of calls to the hotline? Were any investigations initiated 
as a result of calls to the hotline?
    28. Has the government entered into effective bilateral, 
multilateral, or regional information-sharing and cooperation 
arrangements that have

[[Page 63557]]

resulted in concrete and measureable outcomes?
    29. Did the government provide assistance to other governments in 
combating trafficking in persons through trainings or other assistance 
programs?
    30. Does the government have effective policies or laws regulating 
foreign labor recruitment, including the activities of recruitment 
agencies and individual recruiters, both licensed and unlicensed? What 
efforts did the government make to punish labor recruiters or brokers 
involved in the recruitment of workers through knowingly fraudulent 
offers of employment (including misrepresenting wages, working 
conditions, location, or nature of the job), charging workers of 
excessive fees for migration or job placement, retention of identity 
documents with an aim to control job seekers, or recruitment of workers 
in hazardous or unsafe work? What steps did the government take to 
minimize the trafficking risks faced by migrant workers departing from 
or arriving in the country and to raise awareness among potential labor 
migrants about the risks of human trafficking, legal limits on 
recruitment fees, or their rights while abroad? What agreements does 
the government have with either sending or receiving countries of 
migrant labor regarding safe and responsible recruitment? Are domestic 
workers (both nationals of the country and foreigners) protected under 
existing labor laws?
    31. What measures has the government taken to reduce the 
participation by nationals of the country in international and domestic 
child sex tourism? If any of the country's nationals are perpetrators 
of child sex tourism, do the country's child sexual abuse laws allow 
the prosecution of suspected sex tourists for crimes committed abroad?
    32. What measures did the government take to establish the identity 
of local populations, including birth registration and issuance of 
documentation, citizenship, and nationality?
    33. Did the government fund any anti-trafficking information, 
education, or awareness campaigns? Were these campaigns targeting 
potential trafficking victims and/or the demand for commercial sex or 
goods produced with forced labor? Does the government provide financial 
support to nongovernment organizations working to promote public 
awareness?
    34. Were there government policies, regulations, and agreements 
relating to migration, labor, trade, and investment that had an impact, 
positive or negative, on forced labor or sex trafficking or 
vulnerabilities to such crimes? Please describe how this has impacted 
anti-trafficking efforts.
    35. Please provide additional information and/or recommendations to 
improve the government's anti-trafficking efforts.
    36. Please highlight effective strategies and practices that other 
governments could consider adopting.

Joel F. Maybury,
Deputy Director, Office to Monitor and Combat Trafficking in Persons, 
Department of State.
[FR Doc. 2018-26617 Filed 12-7-18; 8:45 am]
 BILLING CODE 4710-17-P