Request for Information for the 2023 Trafficking in Persons Report, 75316-75320 [2022-26668]

Download as PDF 75316 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices address is U.S. Department of State, L/PD, 2200 C Street NW (SA–5), Suite 5H03, Washington, DC 20522–0505. SUPPLEMENTARY INFORMATION: The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236–3 of August 28, 2000, and Delegation of Authority No. 523 of December 22, 2021. Stacy E. White, Deputy Assistant Secretary for Professional and Cultural Exchanges, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2022–26683 Filed 12–7–22; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 11934] Request for Information for the 2023 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 meet the minimum standards for the elimination of trafficking in persons (‘‘minimum standards’’) that are prescribed by the Trafficking Victims Protection Act of 2000, as amended (‘‘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 governments’ concrete actions 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. Submissions must be made in writing to the Office to Monitor and Combat Trafficking in Persons at the Department of State by February 1, 2023. Please refer to the Addresses, Scope of Interest, and Information Sought sections of this Notice for additional instructions on submission requirements. DATES: Submissions must be received by 5 p.m. on February 1, 2023. ADDRESSES: Written submissions and supporting documentation may be submitted by the following method: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:36 Dec 07, 2022 Jkt 259001 • Email: 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’ concrete actions to meet the minimum standards for the elimination of trafficking in persons during the reporting period (April 1, 2022–March 31, 2023). The minimum standards are listed in the Background section. 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. Questions below seek to gather information and updates from the details provided and assessment on government efforts made in the 2022 TIP Report. Furthermore, we request information on the government’s treatment of ‘‘underserved communities,’’ including how the government may have systemically denied opportunities to a community to participate in aspects of economic, social, and civic life that has led to heighted risk to human trafficking or how the government’s anti-trafficking response may have treated certain groups differently. 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 only PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 includes in the TIP Report information related to trafficking in persons as defined by the TVPA; it does not include, and is therefore not seeking, information on prostitution, migrant smuggling, visa fraud, or child abuse, unless such crimes also involve the elements of sex trafficking or forced labor. 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. Remuneration for responses will not be provided. In order to expend appropriated funds, there must be specific authority to do so. The Department of State has no authority to expend funds for this purpose. SUPPLEMENTARY INFORMATION: I. Background Definitions: The TVPA defines ‘‘severe forms of trafficking in persons’’ as: • The recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act that is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. Æ Persons under age 18 in commercial sex are trafficking in persons victims regardless of whether force, fraud, or coercion were involved. • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion, for the purposes of involuntary servitude, peonage, debt bondage, or slavery. Æ Forced labor may take the form of domestic servitude, forced begging, forced criminal activity (e.g., drug smuggling), and prison labor that is not the product of a conviction in a court of law. • Children recruited or used as soldiers or for labor or services can be a severe form of human trafficking when the activity involves force, fraud, or E:\FR\FM\08DEN1.SGM 08DEN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices coercion. Children may be victims regardless of gender. The TIP Report: The TIP Report is the most comprehensive worldwide report assessing governments’ efforts to combat trafficking in persons. It represents an annually updated global assessment of 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 inform 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, international organizations, foreign governments, and nongovernmental organizations (NGOs) use the TIP Report as a tool to examine where resources are most needed. Prosecuting traffickers, protecting victims, and preventing trafficking are the ultimate goals of the TIP Report and of the U.S government’s anti-trafficking policy. The Department prepares the TIP Report with information from across the U.S. government, foreign government officials, nongovernmental and international organizations, survivors of trafficking in persons, published reports, and research related to every region. The TIP Report focuses on concrete actions that governments take to fight trafficking in persons, including prosecutions, convictions, and sentences for traffickers, as well as victim identification and protection measures and prevention efforts. Each TIP Report narrative also includes prioritized 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 concrete 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, VerDate Sep<11>2014 17:36 Dec 07, 2022 Jkt 259001 places countries on Tier 2 Watch List. For more information, the 2022 TIP Report can be found at www.state.gov/ reports/2022-trafficking-in-personsreport. Since the inception of the TIP Report in 2001, the number of countries included and ranked has more than doubled; the 2022 TIP Report included 188 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. For purposes of (4) above, the following factors should be considered as indicia of serious and sustained PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 75317 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 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 a demonstrably increasing capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted or sentenced such acts. (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 E:\FR\FM\08DEN1.SGM 08DEN1 lotter on DSK11XQN23PROD with NOTICES1 75318 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices 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 or enable 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 VerDate Sep<11>2014 17:36 Dec 07, 2022 Jkt 259001 for data regarding such investigations, prosecutions, convictions, and sentences, a government which does not provide such data, consistent with a demonstrably increasing capacity of such government to obtain such data, shall be presumed not to have vigorously investigated, prosecuted, convicted, or sentenced such acts. (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. Overview 1. What were the government’s major accomplishments in addressing human trafficking since April 1, 2022? In what significant ways have the government’s efforts to combat trafficking in persons PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 changed in the past year? How have new laws, regulations, policies, or implementation strategies (e.g., substantive criminal laws and procedures, mechanisms for civil remedies, and victim-witness programs, generally and in relation to court proceedings) affected its anti-trafficking response? 2. Over the past year, 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? 3. Did the COVID–19 pandemic affect the government’s efforts to coordinate, execute, and monitor its anti-trafficking response across its prosecution, protection, and prevention efforts? How have anti-trafficking officials, units, and coordinating bodies continued to operate and adapt? 4. Please provide additional information and/or recommendations to improve the government’s antitrafficking efforts overall. 5. Please highlight effective strategies and practices that other governments could consider adopting. Prosecution 6. Please provide observations regarding the implementation of existing laws, policies, and procedures. Are there gaps in anti-trafficking legislation that could be amended to improve the government’s response? Are there any government policies that have undermined or otherwise negatively affected anti-trafficking efforts within that country? 7. Do government officials understand the nature of all forms of trafficking? If not, please provide examples of misconceptions or misunderstandings. Did the government effectively provide or support anti-trafficking trainings for officials? If not, how could they be improved? 8. Please provide observations on overall anti-trafficking law enforcement efforts and the efforts of police and prosecutors to pursue trafficking cases. Is the government equally vigorous in pursuing forced labor and sex trafficking, internal and transnational trafficking, and crimes that involve its own nationals or foreign citizens? Were anti-trafficking laws equitably enforced, or were certain communities disproportionately affected? 9. Please note any efforts to investigate and prosecute suspects for knowingly soliciting or patronizing a sex trafficking victim to perform a commercial sex act. 10. Does law enforcement pursue trafficking cases that would hold E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 accountable private employers or corporations for forced labor in supply chains? 11. Do judges appear appropriately knowledgeable and sensitized to trafficking cases? Do they implement and encourage trauma-informed practices in their courts? 12. Were there allegations of official complicity in trafficking crimes, via contacts, media, or other sources, including of state-sponsored forced labor? If so, what measures did the government take to end such practices? 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, including investigations, prosecutions, convictions, and sentencing of complicit officials? Were these efforts sufficient? 13. Is there evidence that nationals of the country deployed abroad as part of a diplomatic, peacekeeping, or other similar mission have engaged in or facilitated trafficking, including in domestic servitude? Has the government vigorously investigated, prosecuted, convicted, and sentenced nationals engaged in these activities? Protection 14. Did the government make a coordinated, proactive effort to identify victims of all forms of trafficking? Were there any new (or changes to preexisting) formal/standard procedures for screening for trafficking, including of individuals in immigration detention or removal proceedings, and for victim referral to protection services? If so, are those procedures sufficient, and did the government implement them? Did officials effectively coordinate among one another and with relevant NGOs to conduct screenings and refer victims to care? If commercial sex is legalized or decriminalized in the country, how did health officials, labor inspectors, or police identify trafficking victims among persons involved in commercial sex? If commercial sex is illegal, did the government proactively identify trafficking victims during law enforcement operations or other encounters with commercial sex establishments? 15. Does the government operate or fund any trafficking-specific hotlines (including those run by NGOs)? Did calls on government- or NGO-operated hotlines lead to victim identification, victim referral to care, and/or criminal investigations? 16. Were there any new (or changes to preexisting) services available for victims and survivors (legal, medical, VerDate Sep<11>2014 17:36 Dec 07, 2022 Jkt 259001 food, shelter, interpretation, mental health care, employment, training, etc.)? If NGOs provide the services, does the government adequately support their work either financially or otherwise? Did all victims and survivors of both labor and sex trafficking—regardless of citizenship, gender identity, racial/ ethnic identity, sexual orientation, religious affiliation, and physical ability—receive the same quality and level of access to services? 17. What was the overall quality of victim care? How could victim services be improved? Are services victimcentered and trauma-informed? Were benefits linked to whether a victim assisted law enforcement or participated in a trial, or whether a trafficker was convicted? Could victims choose independently whether to enter a shelter, and could they leave at will if residing in a shelter? Could victims seek employment and work while receiving assistance? 18. What is the level of cooperation, communication, and trust between service providers and law enforcement? 19. Were there means by which victims could obtain restitution from defendants in criminal cases or file civil suits against traffickers for damages, and did this happen in practice? Did prosecutors request and/or courts order restitution in all cases where it was required, and if not, why? 20. Please provide observations on trafficking victims and survivors’ ability to access justice, as they define it, and the treatment of survivors throughout the criminal legal process. How did the government encourage victims to assist in the investigation and prosecution of trafficking, and did it do so in a traumainformed way? How did the government protect victims during the trial process and ensure victims were not retraumatized during participation in the process? If a victim was a witness in a court case, was the victim permitted to obtain employment, move freely about the country, or leave the country pending trial proceedings? In what ways could the government increase support for victims in prosecutions against the traffickers? 21. Did the government provide, through a formal policy or otherwise, temporary or permanent residency status, or other relief from deportation, for foreign national victims of human trafficking who may face retribution or hardship in the countries to which they would be deported? Were foreign national 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, PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 75319 whether a victim participated in a trial, or whether there was a successful prosecution? Does the government repatriate victims who wish to return home or assist with third country resettlement? Are victims awaiting repatriation or third country resettlement offered services? Are victims indeed repatriated, or are they deported? 22. 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? 23. Does the government arrest, detain, imprison, or otherwise punish trafficking victims (whether or not identified as such by authorities) for unlawful acts traffickers compelled them to commit (forgery of documents, illegal immigration, unauthorized employment, prostitution, theft, or drug production or transport, etc.)? If so, do these victims disproportionately represent a certain gender, race, ethnicity, or other group or particular type of trafficking? Prevention 24. What efforts has the government made to prevent human trafficking? Did the government enforce any policies that further marginalized communities already overrepresented among trafficking victims, increasing their risk to human trafficking? If so, did it take efforts to address those policies? 25. If the government had a national action plan to address trafficking, how was it implemented in practice? Were NGOs and other relevant civil society stakeholders consulted in the development and implementation of the plan? 26. Please describe any governmentfunded anti-trafficking information or education campaigns or training, whether aimed at the public or at specific sectors or stakeholders/actors. What strategies did the campaigns employ to ensure messaging and images did not legitimize and/or perpetuate harmful or racialized narratives and/or stereotypes about what victims, survivors, and perpetrators look like? Were campaign materials readily available, cost-free, and accessible in various languages, including braille? Does the government provide financial support to NGOs working to promote public awareness? 27. Did the government seek and include the input of survivors in E:\FR\FM\08DEN1.SGM 08DEN1 lotter on DSK11XQN23PROD with NOTICES1 75320 Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices crafting its anti-trafficking laws, regulations, policies, programs, or in their implementation? If so, did the government take steps to ensure input was received and incorporated from a diverse group of survivors? 28. How did the government regulate, oversee, and screen for trafficking indicators in the labor recruitment process, including for both licensed and unlicensed recruitment and placement agencies, individual recruiters, subbrokerages, and microfinance lending operations? Did the government prohibit (in any context) charging workers recruitment fees and prohibit the recruitment of workers through knowingly fraudulent job offers (including misrepresenting wages, working conditions, location, or nature of the job), contract switching, and confiscating or otherwise denying workers access to their identity documents? If there are laws or regulations on recruitment, did the government effectively enforce them? Did the government allow migrant workers to change employers in a timely manner without obtaining special permissions? 29. Did the government coordinate with other governments (e.g., via bilateral agreements with migrant labor sending or receiving countries) on safe and responsible recruitment that included prevention measures to target known trafficking indicators? To what extent were these implemented? Are workers (both nationals of the country and foreign nationals) in all industries (e.g., domestic work, agriculture, etc.) equally and sufficiently protected under existing labor laws? 30. Did government policies, regulations, or agreements relating to migration, labor, trade, and investment facilitate vulnerabilities to, or incidence of, forced labor or sex trafficking? If so, what actions did the government take to ensure that its policies, regulations, and agreements relating to migration, labor, trade, border security measures, and investment did not facilitate trafficking? 31. Did the government take tangible action to prevent forced labor in domestic or global supply chains? Did the government make any efforts to prohibit and prevent trafficking in the supply chains of its own public procurement? 32. If the government has entered into bilateral, multilateral, or regional antitrafficking information-sharing and cooperation arrangements, are they effective and have they resulted in concrete and measurable outcomes? If not, why? 33. Did the government provide assistance to other governments in VerDate Sep<11>2014 17:36 Dec 07, 2022 Jkt 259001 combating trafficking in persons through trainings or other assistance programs? 34. What measures has the government taken to reduce the participation by nationals of the country in international and domestic child sex tourism? Territories and Semi-Autonomous Regions 35. Please provide any information about trafficking trends and government anti-trafficking efforts in non-sovereign territories and semi-autonomous regions to prosecute traffickers, identify and provide services to victims, and prevent trafficking. Trafficking Profile 36. Were there any changes to the country’s trafficking situation, including the forms of trafficking that occur, industries and sectors in which traffickers exploit victims, countries/ regions in which traffickers recruit victims, locations and regions in which trafficking occurs, and recruitment methods? Are citizens of the country identified as victims of human trafficking abroad? As COVID–19related restrictions begin to lift in many parts of the world, were there additional changes in trafficking trends? 37. What groups, including underserved communities, are at particular risk of human trafficking? Underserved communities are populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life. This term may include, but is not limited to, women and girls, persons with disabilities, indigenous peoples, people of African descent, racial and ethnic minorities, refugees and internally displaced people, religious minorities, LGBTQI+ persons, rural residents, migrants, as well as those who are otherwise adversely affected by persistent poverty or inequality. 38. Chinese/Cuban/North Korean workers: Are any of these populations subjected to or at high risk of forced labor in the country as part of government-to-government agreements and/or in foreign government-affiliated projects? 39. Please provide any information about trafficking trends or risk factors stemming from slow-onset, climaterelated change and sudden-onset climate-related disasters, as well as any efforts to mitigate these vulnerabilities. PO 00000 Frm 00105 Fmt 4703 Sfmt 9990 Child Soldiering 40. Using the definition of ‘‘child soldier’’ as defined by the Child Soldiers Prevention Act of 2008 (CSPA), describe instances, cases, and reports, including anecdotal reports, of: a. Use of any person under the age of 18 in direct hostilities as a member of governmental armed forces, police, or other security forces; b. Conscription or forced recruitment of persons under the age of 18 into governmental armed forces, police, or other security forces; c. Voluntary recruitment of any person under 15 years of age into governmental armed forces, police, or other security forces; d. Recruitment (forced or voluntary) or use in hostilities of persons under the age of 18 by armed groups distinct from the armed forces of a state. e. Abuse of male and female children recruited by governmental armed forces, police, or other security forces, and government-supported armed groups (e.g., sexual abuse or use for forced labor). Describe the manner and age of conscription, noting differences in treatment or conscription patterns based on gender. 41. Did the government provide support to an armed group that recruits and/or uses child soldiers? What was the extent of the support (e.g., in-kind, financial, training, etc.)? Where did the provision of support occur (within the country or outside of the country)? In cases where the government was included on the CSPA list in 2021 based on its support to non-state armed groups that recruit and/or use child soldiers, describe whether the government took steps to pressure the group to cease its recruitment or use of child soldiers, publicly disavow the group’s recruitment or use of child soldiers, or cease its support to that group. 42. Describe any government efforts to prevent or end child soldier recruitment or use, including efforts to disarm, demobilize, and reintegrate former child soldiers. (i.e., enacting any laws or regulations, implementing a United Nations Action Plan or Roadmap, specialized training for officials, procedures for age verification, etc.) Matthew Hickey, Deputy Director, Office to Monitor and Combat Trafficking in Persons, Department of State. [FR Doc. 2022–26668 Filed 12–7–22; 8:45 am] BILLING CODE 4710–11–P E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75316-75320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26668]


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DEPARTMENT OF STATE

[Public Notice: 11934]


Request for Information for the 2023 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 meet the minimum standards for the 
elimination of trafficking in persons (``minimum standards'') that are 
prescribed by the Trafficking Victims Protection Act of 2000, as 
amended (``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 governments' concrete actions 
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. Submissions 
must be made in writing to the Office to Monitor and Combat Trafficking 
in Persons at the Department of State by February 1, 2023. Please refer 
to the Addresses, Scope of Interest, and Information Sought sections of 
this Notice for additional instructions on submission requirements.

DATES: Submissions must be received by 5 p.m. on February 1, 2023.

ADDRESSES: Written submissions and supporting documentation may be 
submitted by the following method:
     Email: [email protected] for submissions related to 
foreign governments and [email protected] for submissions related 
to the United States.
    Scope of Interest: The Department requests information relevant to 
assessing the United States' and foreign governments' concrete actions 
to meet the minimum standards for the elimination of trafficking in 
persons during the reporting period (April 1, 2022-March 31, 2023). The 
minimum standards are listed in the Background section. 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. Questions below 
seek to gather information and updates from the details provided and 
assessment on government efforts made in the 2022 TIP Report.
    Furthermore, we request information on the government's treatment 
of ``underserved communities,'' including how the government may have 
systemically denied opportunities to a community to participate in 
aspects of economic, social, and civic life that has led to heighted 
risk to human trafficking or how the government's anti-trafficking 
response may have treated certain groups differently.
    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 only includes in the TIP Report 
information related to trafficking in persons as defined by the TVPA; 
it does not include, and is therefore not seeking, information on 
prostitution, migrant smuggling, visa fraud, or child abuse, unless 
such crimes also involve the elements of sex trafficking or forced 
labor.
    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. Remuneration for responses will not be 
provided. In order to expend appropriated funds, there must be specific 
authority to do so. The Department of State has no authority to expend 
funds for this purpose.

SUPPLEMENTARY INFORMATION:

I. Background

    Definitions: The TVPA defines ``severe forms of trafficking in 
persons'' as:
     The recruitment, harboring, transportation, provision, 
obtaining, patronizing, or soliciting of a person for the purpose of a 
commercial sex act that is induced by force, fraud, or coercion, or in 
which the person induced to perform such act has not attained 18 years 
of age.
    [cir] Persons under age 18 in commercial sex are trafficking in 
persons victims regardless of whether force, fraud, or coercion were 
involved.
     The recruitment, harboring, transportation, provision, or 
obtaining of a person for labor or services, through the use of force, 
fraud, or coercion, for the purposes of involuntary servitude, peonage, 
debt bondage, or slavery.
    [cir] Forced labor may take the form of domestic servitude, forced 
begging, forced criminal activity (e.g., drug smuggling), and prison 
labor that is not the product of a conviction in a court of law.
     Children recruited or used as soldiers or for labor or 
services can be a severe form of human trafficking when the activity 
involves force, fraud, or

[[Page 75317]]

coercion. Children may be victims regardless of gender.
    The TIP Report: The TIP Report is the most comprehensive worldwide 
report assessing governments' efforts to combat trafficking in persons. 
It represents an annually updated global assessment of 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 inform 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, international organizations, foreign governments, and 
nongovernmental organizations (NGOs) use the TIP Report as a tool to 
examine where resources are most needed. Prosecuting traffickers, 
protecting victims, and preventing trafficking are the ultimate goals 
of the TIP Report and of the U.S government's anti-trafficking policy.
    The Department prepares the TIP Report with information from across 
the U.S. government, foreign government officials, nongovernmental and 
international organizations, survivors of trafficking in persons, 
published reports, and research related to every region. The TIP Report 
focuses on concrete actions that governments take to fight trafficking 
in persons, including prosecutions, convictions, and sentences for 
traffickers, as well as victim identification and protection measures 
and prevention efforts. Each TIP Report narrative also includes 
prioritized 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 concrete 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 2022 TIP Report can be found at 
www.state.gov/reports/2022-trafficking-in-persons-report.
    Since the inception of the TIP Report in 2001, the number of 
countries included and ranked has more than doubled; the 2022 TIP 
Report included 188 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.
    For purposes of (4) above, 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 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 a demonstrably increasing capacity of such government to obtain 
such data, shall be presumed not to have vigorously investigated, 
prosecuted, convicted or sentenced such acts.
    (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

[[Page 75318]]

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 or enable 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 a demonstrably increasing capacity 
of such government to obtain such data, shall be presumed not to have 
vigorously investigated, prosecuted, convicted, or sentenced such acts.
    (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.

Overview

    1. What were the government's major accomplishments in addressing 
human trafficking since April 1, 2022? In what significant ways have 
the government's efforts to combat trafficking in persons changed in 
the past year? How have new laws, regulations, policies, or 
implementation strategies (e.g., substantive criminal laws and 
procedures, mechanisms for civil remedies, and victim-witness programs, 
generally and in relation to court proceedings) affected its anti-
trafficking response?
    2. Over the past year, 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?
    3. Did the COVID-19 pandemic affect the government's efforts to 
coordinate, execute, and monitor its anti-trafficking response across 
its prosecution, protection, and prevention efforts? How have anti-
trafficking officials, units, and coordinating bodies continued to 
operate and adapt?
    4. Please provide additional information and/or recommendations to 
improve the government's anti-trafficking efforts overall.
    5. Please highlight effective strategies and practices that other 
governments could consider adopting.

Prosecution

    6. Please provide observations regarding the implementation of 
existing laws, policies, and procedures. Are there gaps in anti-
trafficking legislation that could be amended to improve the 
government's response? Are there any government policies that have 
undermined or otherwise negatively affected anti-trafficking efforts 
within that country?
    7. Do government officials understand the nature of all forms of 
trafficking? If not, please provide examples of misconceptions or 
misunderstandings. Did the government effectively provide or support 
anti-trafficking trainings for officials? If not, how could they be 
improved?
    8. Please provide observations on overall anti-trafficking law 
enforcement efforts and the efforts of police and prosecutors to pursue 
trafficking cases. Is the government equally vigorous in pursuing 
forced labor and sex trafficking, internal and transnational 
trafficking, and crimes that involve its own nationals or foreign 
citizens? Were anti-trafficking laws equitably enforced, or were 
certain communities disproportionately affected?
    9. Please note any efforts to investigate and prosecute suspects 
for knowingly soliciting or patronizing a sex trafficking victim to 
perform a commercial sex act.
    10. Does law enforcement pursue trafficking cases that would hold

[[Page 75319]]

accountable private employers or corporations for forced labor in 
supply chains?
    11. Do judges appear appropriately knowledgeable and sensitized to 
trafficking cases? Do they implement and encourage trauma-informed 
practices in their courts?
    12. Were there allegations of official complicity in trafficking 
crimes, via contacts, media, or other sources, including of state-
sponsored forced labor? If so, what measures did the government take to 
end such practices? 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, including investigations, prosecutions, convictions, 
and sentencing of complicit officials? Were these efforts sufficient?
    13. Is there evidence that nationals of the country deployed abroad 
as part of a diplomatic, peacekeeping, or other similar mission have 
engaged in or facilitated trafficking, including in domestic servitude? 
Has the government vigorously investigated, prosecuted, convicted, and 
sentenced nationals engaged in these activities?

Protection

    14. Did the government make a coordinated, proactive effort to 
identify victims of all forms of trafficking? Were there any new (or 
changes to preexisting) formal/standard procedures for screening for 
trafficking, including of individuals in immigration detention or 
removal proceedings, and for victim referral to protection services? If 
so, are those procedures sufficient, and did the government implement 
them? Did officials effectively coordinate among one another and with 
relevant NGOs to conduct screenings and refer victims to care? If 
commercial sex is legalized or decriminalized in the country, how did 
health officials, labor inspectors, or police identify trafficking 
victims among persons involved in commercial sex? If commercial sex is 
illegal, did the government proactively identify trafficking victims 
during law enforcement operations or other encounters with commercial 
sex establishments?
    15. Does the government operate or fund any trafficking-specific 
hotlines (including those run by NGOs)? Did calls on government- or 
NGO-operated hotlines lead to victim identification, victim referral to 
care, and/or criminal investigations?
    16. Were there any new (or changes to preexisting) services 
available for victims and survivors (legal, medical, food, shelter, 
interpretation, mental health care, employment, training, etc.)? If 
NGOs provide the services, does the government adequately support their 
work either financially or otherwise? Did all victims and survivors of 
both labor and sex trafficking--regardless of citizenship, gender 
identity, racial/ethnic identity, sexual orientation, religious 
affiliation, and physical ability--receive the same quality and level 
of access to services?
    17. What was the overall quality of victim care? How could victim 
services be improved? Are services victim-centered and trauma-informed? 
Were benefits linked to whether a victim assisted law enforcement or 
participated in a trial, or whether a trafficker was convicted? Could 
victims choose independently whether to enter a shelter, and could they 
leave at will if residing in a shelter? Could victims seek employment 
and work while receiving assistance?
    18. What is the level of cooperation, communication, and trust 
between service providers and law enforcement?
    19. Were there means by which victims could obtain restitution from 
defendants in criminal cases or file civil suits against traffickers 
for damages, and did this happen in practice? Did prosecutors request 
and/or courts order restitution in all cases where it was required, and 
if not, why?
    20. Please provide observations on trafficking victims and 
survivors' ability to access justice, as they define it, and the 
treatment of survivors throughout the criminal legal process. How did 
the government encourage victims to assist in the investigation and 
prosecution of trafficking, and did it do so in a trauma-informed way? 
How did the government protect victims during the trial process and 
ensure victims were not re-traumatized during participation in the 
process? If a victim was a witness in a court case, was the victim 
permitted to obtain employment, move freely about the country, or leave 
the country pending trial proceedings? In what ways could the 
government increase support for victims in prosecutions against the 
traffickers?
    21. Did the government provide, through a formal policy or 
otherwise, temporary or permanent residency status, or other relief 
from deportation, for foreign national victims of human trafficking who 
may face retribution or hardship in the countries to which they would 
be deported? Were foreign national 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, 
whether a victim participated in a trial, or whether there was a 
successful prosecution? Does the government repatriate victims who wish 
to return home or assist with third country resettlement? Are victims 
awaiting repatriation or third country resettlement offered services? 
Are victims indeed repatriated, or are they deported?
    22. 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?
    23. Does the government arrest, detain, imprison, or otherwise 
punish trafficking victims (whether or not identified as such by 
authorities) for unlawful acts traffickers compelled them to commit 
(forgery of documents, illegal immigration, unauthorized employment, 
prostitution, theft, or drug production or transport, etc.)? If so, do 
these victims disproportionately represent a certain gender, race, 
ethnicity, or other group or particular type of trafficking?

Prevention

    24. What efforts has the government made to prevent human 
trafficking? Did the government enforce any policies that further 
marginalized communities already overrepresented among trafficking 
victims, increasing their risk to human trafficking? If so, did it take 
efforts to address those policies?
    25. If the government had a national action plan to address 
trafficking, how was it implemented in practice? Were NGOs and other 
relevant civil society stakeholders consulted in the development and 
implementation of the plan?
    26. Please describe any government-funded anti-trafficking 
information or education campaigns or training, whether aimed at the 
public or at specific sectors or stakeholders/actors. What strategies 
did the campaigns employ to ensure messaging and images did not 
legitimize and/or perpetuate harmful or racialized narratives and/or 
stereotypes about what victims, survivors, and perpetrators look like? 
Were campaign materials readily available, cost-free, and accessible in 
various languages, including braille? Does the government provide 
financial support to NGOs working to promote public awareness?
    27. Did the government seek and include the input of survivors in

[[Page 75320]]

crafting its anti-trafficking laws, regulations, policies, programs, or 
in their implementation? If so, did the government take steps to ensure 
input was received and incorporated from a diverse group of survivors?
    28. How did the government regulate, oversee, and screen for 
trafficking indicators in the labor recruitment process, including for 
both licensed and unlicensed recruitment and placement agencies, 
individual recruiters, sub-brokerages, and microfinance lending 
operations? Did the government prohibit (in any context) charging 
workers recruitment fees and prohibit the recruitment of workers 
through knowingly fraudulent job offers (including misrepresenting 
wages, working conditions, location, or nature of the job), contract 
switching, and confiscating or otherwise denying workers access to 
their identity documents? If there are laws or regulations on 
recruitment, did the government effectively enforce them? Did the 
government allow migrant workers to change employers in a timely manner 
without obtaining special permissions?
    29. Did the government coordinate with other governments (e.g., via 
bilateral agreements with migrant labor sending or receiving countries) 
on safe and responsible recruitment that included prevention measures 
to target known trafficking indicators? To what extent were these 
implemented? Are workers (both nationals of the country and foreign 
nationals) in all industries (e.g., domestic work, agriculture, etc.) 
equally and sufficiently protected under existing labor laws?
    30. Did government policies, regulations, or agreements relating to 
migration, labor, trade, and investment facilitate vulnerabilities to, 
or incidence of, forced labor or sex trafficking? If so, what actions 
did the government take to ensure that its policies, regulations, and 
agreements relating to migration, labor, trade, border security 
measures, and investment did not facilitate trafficking?
    31. Did the government take tangible action to prevent forced labor 
in domestic or global supply chains? Did the government make any 
efforts to prohibit and prevent trafficking in the supply chains of its 
own public procurement?
    32. If the government has entered into bilateral, multilateral, or 
regional anti-trafficking information-sharing and cooperation 
arrangements, are they effective and have they resulted in concrete and 
measurable outcomes? If not, why?
    33. Did the government provide assistance to other governments in 
combating trafficking in persons through trainings or other assistance 
programs?
    34. What measures has the government taken to reduce the 
participation by nationals of the country in international and domestic 
child sex tourism?

Territories and Semi-Autonomous Regions

    35. Please provide any information about trafficking trends and 
government anti-trafficking efforts in non-sovereign territories and 
semi-autonomous regions to prosecute traffickers, identify and provide 
services to victims, and prevent trafficking.

Trafficking Profile

    36. Were there any changes to the country's trafficking situation, 
including the forms of trafficking that occur, industries and sectors 
in which traffickers exploit victims, countries/regions in which 
traffickers recruit victims, locations and regions in which trafficking 
occurs, and recruitment methods? Are citizens of the country identified 
as victims of human trafficking abroad? As COVID-19-related 
restrictions begin to lift in many parts of the world, were there 
additional changes in trafficking trends?
    37. What groups, including underserved communities, are at 
particular risk of human trafficking? Underserved communities are 
populations sharing a particular characteristic, as well as geographic 
communities, that have been systematically denied a full opportunity to 
participate in aspects of economic, social, and civic life. This term 
may include, but is not limited to, women and girls, persons with 
disabilities, indigenous peoples, people of African descent, racial and 
ethnic minorities, refugees and internally displaced people, religious 
minorities, LGBTQI+ persons, rural residents, migrants, as well as 
those who are otherwise adversely affected by persistent poverty or 
inequality.
    38. Chinese/Cuban/North Korean workers: Are any of these 
populations subjected to or at high risk of forced labor in the country 
as part of government-to-government agreements and/or in foreign 
government-affiliated projects?
    39. Please provide any information about trafficking trends or risk 
factors stemming from slow-onset, climate-related change and sudden-
onset climate-related disasters, as well as any efforts to mitigate 
these vulnerabilities.

Child Soldiering

    40. Using the definition of ``child soldier'' as defined by the 
Child Soldiers Prevention Act of 2008 (CSPA), describe instances, 
cases, and reports, including anecdotal reports, of:
    a. Use of any person under the age of 18 in direct hostilities as a 
member of governmental armed forces, police, or other security forces;
    b. Conscription or forced recruitment of persons under the age of 
18 into governmental armed forces, police, or other security forces;
    c. Voluntary recruitment of any person under 15 years of age into 
governmental armed forces, police, or other security forces;
    d. Recruitment (forced or voluntary) or use in hostilities of 
persons under the age of 18 by armed groups distinct from the armed 
forces of a state.
    e. Abuse of male and female children recruited by governmental 
armed forces, police, or other security forces, and government-
supported armed groups (e.g., sexual abuse or use for forced labor). 
Describe the manner and age of conscription, noting differences in 
treatment or conscription patterns based on gender.
    41. Did the government provide support to an armed group that 
recruits and/or uses child soldiers? What was the extent of the support 
(e.g., in-kind, financial, training, etc.)? Where did the provision of 
support occur (within the country or outside of the country)? In cases 
where the government was included on the CSPA list in 2021 based on its 
support to non-state armed groups that recruit and/or use child 
soldiers, describe whether the government took steps to pressure the 
group to cease its recruitment or use of child soldiers, publicly 
disavow the group's recruitment or use of child soldiers, or cease its 
support to that group.
    42. Describe any government efforts to prevent or end child soldier 
recruitment or use, including efforts to disarm, demobilize, and 
reintegrate former child soldiers. (i.e., enacting any laws or 
regulations, implementing a United Nations Action Plan or Roadmap, 
specialized training for officials, procedures for age verification, 
etc.)

Matthew Hickey,
Deputy Director, Office to Monitor and Combat Trafficking in Persons, 
Department of State.
[FR Doc. 2022-26668 Filed 12-7-22; 8:45 am]
BILLING CODE 4710-11-P


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