§ 7108. Actions against significant traffickers in persons

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Trafficking Victims Protection Act of 2000

   Pub. L. 106–386 div. A § 111 · 114 Stat. 1464

   Enacted · 22 U.S.C. § 7108

   Pub. L. 106–386, div. A, § 111, Oct. 28, 2000, 114 Stat. 1484

   Source evidence

   Code source credit
   Pub. L. 106–386, div. A, § 111, Oct. 28, 2000, 114 Stat. 1484

   Enacted provision · exact public law section
   SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS. (a) Authority To Sanction Significant Traffickers in Persons.— (1) In general.— The President may exercise the authorities set forth in section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701) without regard to section 202 of that Act (50 U.S.C. 1701) in the case of any of the following persons: (A) Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States. (B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A). (C) Foreign persons that are owned, controlled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A). (2) Penalties.— The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under this section. (b) Report to Congress on Identification and Sanctioning of Significant Traffickers in Persons.— (1) In general.— Upon exercising the authority of sub section (a), the President shall report to the appropriate congressional committees— (A) identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this section and the basis for such determination; and (B) detailing publicly the sanctions imposed pursuant to this section. (2) Removal of sanctions.— Upon suspending or terminating any action imposed under the authority of subsection (a), the President shall report to the committees described in paragraph (1) on such suspension or termination. (3) Submission of classified information.— Reports submitted under this subsection may include an annex with classified information regarding the basis for the determination made by the President under paragraph (1)(A). (c) Law Enforcement and Intelligence Activities Not Affected.— Nothing in this section prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof. (d) Exclusion of Persons Who Have Benefited From Illicit Activities of Traffickers in Persons.— Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by inserting at the end the following new subparagraph: “(H) Significant traffickers in persons.— “(i) In general.— Any alien who is listed in a report submitted pursuant to section 111(b) of the Trafficking Victims Protection Act of 2000, or who the consular officer or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 103 of such Act, is inadmissible. “(ii) Beneficiaries of trafficking.— Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible. “(iii) Exception for certain sons and daughters.— Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.”. (e) Implementation.— (1) Delegation of authority. — The President may delegate any authority granted by this section, including the authority to designate foreign persons under paragraphs (1)(B) and (1)(C) of subsection (a). (2) Promulgation of rules and regulations.— The head of any agency, including the Secretary of Treasury, is authorized to take such actions as may be necessary to carry out any authority delegated by the President pursuant to paragraph (1), including promulgating rules and regulations. (3) Opportunity for review.— Such rules and regulations shall include procedures affording an opportunity for a person to be heard in an expeditious manner, either in person or through a representative, for the purpose of seeking changes to or termination of any determination, order, designation or other action associated with the exercise of the authority in subsection (a). (f) Definition of Foreign Persons.— In this section, the term “foreign person” means any citizen or national of a foreign state or any entity not organized under the laws of the United States, including a foreign government official, but does not include a foreign state. (g) Construction.— Nothing in this section shall be construed as precluding judicial review of the exercise of the authority described in subsection (a).

2. 2019

   Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018

   Pub. L. 115–425 § 124(1) · 132 Stat. 5472

   Inserted · 22 U.S.C. § 7108(a)(1)

   Pub. L. 115–425, § 124(1), inserted “, or section 10102 of this title,” after “without regard to section 1701 of title 50” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 115–425, § 124(1), inserted “, or section 10102 of this title,” after “without regard to section 1701 of title 50” in introductory provisions.

   Enacted provision · exact public law section
   (1) in the matter preceding subparagraph (A), by inserting “, or section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114– 328; 22 U.S.C. 2656 note),” after “1701)” the second place it appears; and

3. 2019

   Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018

   Pub. L. 115–425 § 124(2) · 132 Stat. 5472

   Added · 22 U.S.C. § 7108(a)(1)(D)

   Pub. L. 115–425, § 124(2), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D). Pub. L. 115–425, § 124(2), added subpar. (D).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.” .

3 of 3 references resolved to an enrolled provision