80_FR_82126 80 FR 81875 - Request for Information for the 2016 Trafficking in Persons Report

80 FR 81875 - Request for Information for the 2016 Trafficking in Persons Report

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 251 (December 31, 2015)

Page Range81875-81878
FR Document2015-32950

The Department of State (``the Department'') requests written information to assist in reporting on the degree to which the United States and foreign governments comply with the minimum standards for the elimination of trafficking in persons (``minimum standards'') that are prescribed by the Trafficking Victims Protection Act of 2000, (Div. A, Pub. L. 106-386) as amended (``TVPA''). This information will assist in the preparation of the Trafficking in Persons Report (``TIP Report'') that the Department submits annually to the U.S. Congress on governments' level of compliance with the minimum standards. Foreign governments that do not comply with the minimum standards and are not making significant efforts to do so may be subject to restrictions on nonhumanitarian, nontrade-related foreign assistance from the United States, as defined by the TVPA. Submissions must be made in writing to the Office to Monitor and Combat Trafficking in Persons at the Department of State by January 19, 2016. Please refer to the ADDRESSES, Scope of Interest, and Information Sought sections of this Notice for additional instructions on submission requirements.

Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015)
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Notices]
[Pages 81875-81878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32950]


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DEPARTMENT OF STATE

[Public Notice: 9396]


Request for Information for the 2016 Trafficking in Persons 
Report

SUMMARY: The Department of State (``the Department'') requests written 
information to assist in reporting on the degree to which the United 
States and foreign governments comply with the minimum standards for 
the elimination of trafficking in persons (``minimum standards'') that 
are prescribed by the Trafficking Victims Protection Act of 2000, (Div. 
A, Pub. L. 106-386) as amended (``TVPA''). This information will assist 
in the preparation of the Trafficking in Persons Report (``TIP 
Report'') that the Department submits annually to the U.S. Congress on 
governments' level of compliance with the minimum standards. Foreign 
governments that do not comply with the minimum standards and are not 
making significant efforts to do so may be subject to restrictions on 
nonhumanitarian, nontrade-related foreign assistance from the United 
States, as defined by the TVPA. Submissions must be made in writing to 
the Office to Monitor and Combat Trafficking in Persons at the 
Department of State by January 19, 2016. 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 January 19, 2016.

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): 202-312-9637
     Mail, Express Delivery, Hand Delivery and Messenger 
Service: U.S. Department of State, Office to Monitor and Combat 
Trafficking in Persons (J/TIP), 1800 G Street NW., Suite 2148, 
Washington, DC 20520. Please note that materials submitted by mail may 
be delayed due to security screenings and processing.
    Scope of Interest: The Department requests information relevant to 
assessing the United States' and foreign governments' compliance with 
the minimum standards for the elimination of trafficking in persons in 
the year 2015. The minimum standards for the elimination of trafficking 
in persons are listed in the Background section. Submissions must 
include information relevant and probative of the minimum standards for 
the elimination of trafficking in persons and should include, but need 
not be limited to, answering the questions in the Information Sought 
section. Only those questions for which the submitter has direct 
professional experience should be answered and that experience should 
be noted. For any critique or deficiency described, please provide a 
recommendation to remedy it. Note the country or countries that are the 
focus of the submission.
    Submissions may include written narratives that answer the 
questions presented in this Notice, research, studies, statistics, 
fieldwork, training materials, evaluations, assessments, and other 
relevant evidence of local, state, and federal government efforts. To 
the extent possible, precise dates and numbers of officials or citizens 
affected should be included.
    Where applicable, written narratives providing factual information 
should provide citations to sources, and copies of the source material 
should be provided. If possible, send electronic copies of the entire 
submission, including source material. If primary sources are utilized, 
such as research studies, interviews, direct observations, or other 
sources of quantitative or qualitative data, details on the research or 
data-gathering methodology should be provided. The Department does not 
include in the Report, and is therefore not seeking, information on 
prostitution, human smuggling, visa fraud, or child abuse, unless such 
conduct occurs in the context of human trafficking.
    Confidentiality: Please provide the name, phone number, and email 
address of a single point of contact for any submission. It is 
Department practice not to identify in the 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. When applicable, portions of submissions relevant to 
efforts by other U.S. government agencies may be shared with those 
agencies.
    Response: This is a request for information only; there will be no 
response to submissions.

SUPPLEMENTARY INFORMATION:

I. Background

    The TIP Report: The TIP Report is the most comprehensive worldwide 
report on governments' efforts to combat trafficking in persons. It 
represents an updated, global look at the nature and scope of 
trafficking in persons and the broad range of government actions to 
confront and eliminate it. The U.S. government uses the 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. Identifying victims, preventing 
trafficking, and bringing traffickers to justice are the ultimate goals 
of the Report and of the U.S government's anti-trafficking policy.
    The Department prepares the TIP Report using information from 
across the U.S. government, foreign government officials, 
nongovernmental and international organizations, 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 prison sentences for traffickers, as 
well as victim protection measures and prevention efforts. Each Report 
narrative also includes recommendations for each country. These 
recommendations are then used to assist in measuring governments' 
progress from one year to the next and determining whether governments 
comply with 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 more on the extent of government action to combat trafficking 
than on the size of the problem, although that is a consideration. The 
Department first evaluates whether the government fully complies with 
the TVPA's minimum standards for the elimination of trafficking. 
Governments that fully comply are placed on Tier 1. For other 
governments, the Department considers the extent of efforts to reach 
compliance. Governments that are making significant efforts to meet the

[[Page 81876]]

minimum standards are placed on Tier 2. Governments that do not fully 
comply with the minimum standards and are not making significant 
efforts to do so are placed on Tier 3. Finally, the Department 
considers Special Watch List criteria and, when applicable, moves 
countries to Tier 2 Watch List. For more information, the 2015 TIP 
Report can be found at http://www.state.gov/j/tip/rls/tiprpt/2015/index.htm.
    Since the inception of the TIP Report in 2001, the number of 
countries included and ranked has more than doubled to include 188 
countries and territories in the 2015 TIP Report. Around the world, the 
TIP Report and the best practices reflected therein have inspired 
legislation, national action plans, policy implementation, program 
funding, protection mechanisms that complement prosecution efforts, and 
a stronger global understanding of this crime.
    Since 2003, the primary reporting on the United States' anti-
trafficking activities has been through the annual Attorney General's 
Report to Congress and Assessment of U.S. Government Activities to 
Combat Human Trafficking (``AG Report'') mandated by section 105 of the 
TVPA (22 U.S.C. 7103(d)(7)). Since 2010, the Report, through a 
collaborative interagency process, includes an analysis of U.S. 
government anti-trafficking efforts in light of the minimum standards 
to eliminate trafficking in persons set forth by the TVPA.

II. Minimum Standards for the Elimination of Trafficking in Persons

    The TVPA sets forth the minimum standards for the elimination of 
trafficking in persons as follows:
    (1) The government of the country should prohibit severe forms of 
trafficking in persons and punish acts of such trafficking.
    (2) For the knowing commission of any act of sex trafficking 
involving force, fraud, coercion, or in which the victim of sex 
trafficking is a child incapable of giving meaningful consent, or of 
trafficking which includes rape or kidnapping or which causes a death, 
the government of the country should prescribe punishment commensurate 
with that for grave crimes, such as forcible sexual assault.
    (3) For the knowing commission of any act of a severe form of 
trafficking in persons, the government of the country should prescribe 
punishment that is sufficiently stringent to deter and that adequately 
reflects the heinous nature of the offense.
    (4) The government of the country should make serious and sustained 
efforts to eliminate severe forms of trafficking in persons.
    The following factors should be considered as indicia of serious 
and sustained efforts to eliminate severe forms of trafficking in 
persons:
    (1) Whether the government of the country vigorously investigates 
and prosecutes acts of severe forms of trafficking in persons, and 
convicts and sentences persons responsible for such acts, that take 
place wholly or partly within the territory of the country, including, 
as appropriate, requiring incarceration of individuals convicted of 
such acts. For purposes of the preceding sentence, suspended or 
significantly reduced sentences for convictions of principal actors in 
cases of severe forms of trafficking in persons shall be considered, on 
a case-by-case basis, whether to be considered as an indicator of 
serious and sustained efforts to eliminate severe forms of trafficking 
in persons. After reasonable requests from the Department of State for 
data regarding investigations, prosecutions, convictions, and 
sentences, a government which does not provide such data, consistent 
with the capacity of such government to obtain such data, shall be 
presumed not to have vigorously investigated, prosecuted, convicted, or 
sentenced such acts. The Secretary of State may disregard the 
presumption contained in the preceding sentence if the government has 
provided some data to the Department of State regarding such acts and 
the Secretary has determined that the government is making a good faith 
effort to collect such data.
    (2) Whether the government of the country protects victims of 
severe forms of trafficking in persons and encourages their assistance 
in the investigation and prosecution of such trafficking, including 
provisions for legal alternatives to their removal to countries in 
which they would face retribution or hardship, and ensures that victims 
are not inappropriately incarcerated, fined, or otherwise penalized 
solely for unlawful acts as a direct result of being trafficked, 
including by providing training to law enforcement and immigration 
officials regarding the identification and treatment of trafficking 
victims using approaches that focus on the needs of the victims.
    (3) Whether the government of the country has adopted measures to 
prevent severe forms of trafficking in persons, such as measures to 
inform and educate the public, including potential victims, about the 
causes and consequences of severe forms of trafficking in persons; 
measures to establish the identity of local populations, including 
birth registration, citizenship, and nationality; measures to ensure 
that its nationals who are deployed abroad as part of a diplomatic, 
peacekeeping, or other similar mission do not engage in or facilitate 
severe forms of trafficking in persons or exploit victims of such 
trafficking; a transparent system for remediating or punishing such 
public officials as a deterrent; measures to prevent the use of forced 
labor or child labor in violation of international standards; effective 
bilateral, multilateral, or regional information-sharing and 
cooperation arrangements with other countries; and effective policies 
or laws regulating foreign labor recruiters and holding them civilly 
and criminally liable for fraudulent recruiting.
    (4) Whether the government of the country cooperates with other 
governments in the investigation and prosecution of severe forms of 
trafficking in persons and has entered into bilateral, multilateral, or 
regional law enforcement cooperation and coordination arrangements with 
other countries.
    (5) Whether the government of the country extradites persons 
charged with acts of severe forms of trafficking in persons on 
substantially the same terms and to substantially the same extent as 
persons charged with other serious crimes (or, to the extent such 
extradition would be inconsistent with the laws of such country or with 
international agreements to which the country is a party, whether the 
government is taking all appropriate measures to modify or replace such 
laws and treaties so as to permit such extradition).
    (6) Whether the government of the country monitors immigration and 
emigration patterns for evidence of severe forms of trafficking in 
persons and whether law enforcement agencies of the country respond to 
any such evidence in a manner that is consistent with the vigorous 
investigation and prosecution of acts of such trafficking, as well as 
with the protection of human rights of victims and the internationally 
recognized human right to leave any country, including one's own, and 
to return to one's own country.
    (7) Whether the government of the country vigorously investigates, 
prosecutes, convicts, and sentences public officials, including 
diplomats and soldiers, who participate in or facilitate severe forms 
of trafficking in persons, including nationals of the country who are 
deployed abroad as part of a diplomatic, peacekeeping, or

[[Page 81877]]

other similar mission who engage in or facilitate severe forms of 
trafficking in persons or exploit victims of such trafficking, and 
takes all appropriate measures against officials who condone such 
trafficking. A government's failure to appropriately address public 
allegations against such public officials, especially once such 
officials have returned to their home countries, shall be considered 
inaction under these criteria. After reasonable requests from the 
Department of State for data regarding such investigations, 
prosecutions, convictions, and sentences, a government which does not 
provide such data consistent with its resources shall be presumed not 
to have vigorously investigated, prosecuted, convicted, or sentenced 
such acts. The Secretary of State may disregard the presumption 
contained in the preceding sentence if the government has provided some 
data to the Department of State regarding such acts and the Secretary 
has determined that the government is making a good faith effort to 
collect such data.
    (8) Whether the percentage of victims of severe forms of 
trafficking in the country that are non-citizens of such countries is 
insignificant.
    (9) Whether the government has entered into effective, transparent 
partnerships, cooperative agreements, or agreements that have resulted 
in concrete and measureable outcomes with--
    (A) Domestic civil society organizations, private sector entities, 
or international non-governmental 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; that experience should be noted. Citations to 
source material should also be provided. Note the country or countries 
that are the focus of the submission. Please see the Scope of Interest 
section for detailed information regarding submission requirements.
    1. How have trafficking methods changed in the past 12 months? For 
example, are there victims from new countries of origin? Is internal 
trafficking or child trafficking increasing? Has sex trafficking 
changed from brothels to private apartments? Is labor trafficking now 
occurring in additional types of industries or agricultural operations? 
Is forced begging a problem? Does child sex tourism occur in the 
country or involve its nationals abroad, and if so, what are their 
destination countries?
    2. In what ways has the government's efforts to combat trafficking 
in persons changed in the past year? What new laws, regulations, 
policies, and implementation strategies exist (e.g., substantive 
criminal laws and procedures, mechanisms for civil remedies, and 
victim-witness security, generally, and in relation to court 
proceedings)?
    3. Please provide observations regarding the implementation of 
existing laws and procedures. 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?
    4. Are the anti-trafficking laws and sentences strict enough to 
reflect the nature of the crime?
    5. 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 labor 
trafficking and sex trafficking? If aware, please note any efforts to 
investigate and prosecute suspects for knowingly soliciting or 
patronizing a sex trafficking victim to perform a commercial sex act.
    6. Do government officials understand the nature of trafficking? If 
not, please provide examples of misconceptions or misunderstandings.
    7. Do judges appear appropriately knowledgeable and sensitized to 
trafficking cases? What sentences have courts imposed upon traffickers? 
How common are suspended sentences and prison time of less than one 
year for convicted traffickers?
    8. What was the extent of official complicity in trafficking 
crimes? Were officials operating as traffickers (whether subjecting 
persons to forced labor and/or sex trafficking 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 (prisons, child foster homes, 
institutions for mentally or physically handicapped 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?
    9. 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?
    10. Has the government investigated, prosecuted, convicted, and 
sentenced organized crime groups that are involved in trafficking?
    11. Please provide observations regarding government efforts to 
address the issue of unlawful child soldiering.
    12. Does the government make a coordinated, proactive effort to 
identify victims? Do officials effectively coordinate among one another 
and with relevant nongovernmental organizations to refer victims to 
care? Is there any screening conducted before deportation to determine 
whether individuals were trafficked?
    13. What victim services are provided (legal, medical, food, 
shelter, interpretation, mental health care, health care, employment, 
training, etc.)? Who provides these services? If nongovernment 
organizations provide the services, does the government support their 
work either financially or otherwise?
    14. How could victim services be improved?
    15. Are services provided equally and adequately to victims of 
labor and sex trafficking? Men, women, and children? Citizen and 
noncitizen? Members of the LGBT community?
    16. 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?

[[Page 81878]]

    17. May victims file civil suits or seek legal action against their 
trafficker? Do victims avail themselves of those remedies? Is there a 
formal policy that encourages victims' voluntary participation in 
investigations and prosecutions? How did the government protect victims 
during the trial process? If a victim was a material witness in a court 
case against a former employer, 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?
    18. Does the government repatriate victims who wish to return home? 
Does the government assist with third country resettlement? Does the 
government engage in any analysis of whether victims may face 
retribution or hardship upon repatriation to their country of origin? 
Are victims awaiting repatriation or third country resettlement offered 
services? Are victims indeed repatriated or are they deported?
    19. 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?
    20. Does the government inappropriately detain or imprison 
identified trafficking victims?
    21. Does the government punish trafficking victims for forgery of 
documents, illegal immigration, unauthorized employment, or 
participation in illegal activities directed by the trafficker?
    22. What efforts has the government made to prevent human 
trafficking?
    23. Has the government entered into effective bilateral, 
multilateral, or regional information-sharing and cooperation 
arrangements that have resulted in concrete and measureable outcomes?
    24. Does the country have effective policies or laws regulating 
foreign labor recruiters? What steps did the government take to 
minimize the trafficking risks faced by migrant workers departing from 
or arriving in the country?
    25. Does the government undertake activities that could prevent or 
reduce vulnerability to trafficking, such as registering births of 
indigenous populations?
    26. Does the government provide financial support to NGOs working 
to promote public awareness or does the government implement such 
campaigns itself? Have public awareness campaigns proven to be 
effective?
    27. Please provide additional recommendations to improve the 
government's anti-trafficking efforts.
    28. Please highlight effective strategies and practices that other 
governments could consider adopting.

    Dated: December 21, 2015.
Kari Johnstone,
Principal Deputy, Office to Monitor and Combat, Trafficking in Persons, 
U.S. Department of State.
[FR Doc. 2015-32950 Filed 12-30-15; 8:45 am]
BILLING CODE 4710-17-P



                                                                        Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices                                           81875

                                              associated with SSCs that have been                     TIP), 1800 G Street NW., Suite 2148,                  submissions relevant to efforts by other
                                              removed from NRC licensing basis                        Washington, DC 20520. Please note that                U.S. government agencies may be
                                              documents by appropriate change                         materials submitted by mail may be                    shared with those agencies.
                                              mechanisms.                                             delayed due to security screenings and                  Response: This is a request for
                                                Dated at Rockville, Maryland, this 22nd               processing.                                           information only; there will be no
                                              day of December 2015.                                      Scope of Interest: The Department                  response to submissions.
                                                For the Nuclear Regulatory Commission.                requests information relevant to                      SUPPLEMENTARY INFORMATION:
                                                                                                      assessing the United States’ and foreign
                                              George A. Wilson,                                                                                             I. Background
                                                                                                      governments’ compliance with the
                                              Deputy Director, Division of Operating                                                                           The TIP Report: The TIP Report is the
                                                                                                      minimum standards for the elimination
                                              Reactor Licensing, Office of Nuclear Reactor
                                              Regulation.                                             of trafficking in persons in the year                 most comprehensive worldwide report
                                                                                                      2015. The minimum standards for the                   on governments’ efforts to combat
                                              [FR Doc. 2015–32932 Filed 12–30–15; 8:45 am]
                                                                                                      elimination of trafficking in persons are             trafficking in persons. It represents an
                                              BILLING CODE 7590–01–P
                                                                                                      listed in the Background section.                     updated, global look at the nature and
                                                                                                      Submissions must include information                  scope of trafficking in persons and the
                                                                                                      relevant and probative of the minimum                 broad range of government actions to
                                              DEPARTMENT OF STATE                                     standards for the elimination of                      confront and eliminate it. The U.S.
                                              [Public Notice: 9396]                                   trafficking in persons and should                     government uses the Report to engage in
                                                                                                      include, but need not be limited to,                  diplomacy, to encourage partnership in
                                              Request for Information for the 2016                    answering the questions in the                        creating and implementing laws and
                                              Trafficking in Persons Report                           Information Sought section. Only those                policies to combat trafficking, and to
                                                                                                      questions for which the submitter has                 target resources on prevention,
                                              SUMMARY:    The Department of State (‘‘the
                                                                                                      direct professional experience should be              protection, and prosecution programs.
                                              Department’’) requests written
                                                                                                      answered and that experience should be                Worldwide, the Report is used by
                                              information to assist in reporting on the
                                                                                                      noted. For any critique or deficiency                 international organizations, foreign
                                              degree to which the United States and                                                                         governments, and nongovernmental
                                                                                                      described, please provide a
                                              foreign governments comply with the                                                                           organizations as a tool to examine where
                                                                                                      recommendation to remedy it. Note the
                                              minimum standards for the elimination                                                                         resources are most needed. Identifying
                                                                                                      country or countries that are the focus
                                              of trafficking in persons (‘‘minimum                    of the submission.                                    victims, preventing trafficking, and
                                              standards’’) that are prescribed by the                    Submissions may include written                    bringing traffickers to justice are the
                                              Trafficking Victims Protection Act of                   narratives that answer the questions                  ultimate goals of the Report and of the
                                              2000, (Div. A, Pub. L. 106–386) as                      presented in this Notice, research,                   U.S government’s anti-trafficking policy.
                                              amended (‘‘TVPA’’). This information                    studies, statistics, fieldwork, training                 The Department prepares the TIP
                                              will assist in the preparation of the                   materials, evaluations, assessments, and              Report using information from across
                                              Trafficking in Persons Report (‘‘TIP                    other relevant evidence of local, state,              the U.S. government, foreign
                                              Report’’) that the Department submits                   and federal government efforts. To the                government officials, nongovernmental
                                              annually to the U.S. Congress on                        extent possible, precise dates and                    and international organizations,
                                              governments’ level of compliance with                   numbers of officials or citizens affected             published reports, and research trips to
                                              the minimum standards. Foreign                          should be included.                                   every region. The Report focuses on
                                              governments that do not comply with                        Where applicable, written narratives               concrete actions that governments take
                                              the minimum standards and are not                       providing factual information should                  to fight trafficking in persons, including
                                              making significant efforts to do so may                 provide citations to sources, and copies              prosecutions, convictions, and prison
                                              be subject to restrictions on                           of the source material should be                      sentences for traffickers, as well as
                                              nonhumanitarian, nontrade-related                       provided. If possible, send electronic                victim protection measures and
                                              foreign assistance from the United                      copies of the entire submission,                      prevention efforts. Each Report narrative
                                              States, as defined by the TVPA.                         including source material. If primary                 also includes recommendations for each
                                              Submissions must be made in writing to                  sources are utilized, such as research                country. These recommendations are
                                              the Office to Monitor and Combat                        studies, interviews, direct observations,             then used to assist in measuring
                                              Trafficking in Persons at the Department                or other sources of quantitative or                   governments’ progress from one year to
                                              of State by January 19, 2016. Please refer              qualitative data, details on the research             the next and determining whether
                                              to the ADDRESSES, Scope of Interest, and                or data-gathering methodology should                  governments comply with the minimum
                                              Information Sought sections of this                     be provided. The Department does not                  standards for the elimination of
                                              Notice for additional instructions on                   include in the Report, and is therefore               trafficking in persons or are making
                                              submission requirements.                                not seeking, information on prostitution,             significant efforts to do so.
                                              DATES: Submissions must be received by                  human smuggling, visa fraud, or child                    The TVPA creates a four tier ranking
                                              5 p.m. on January 19, 2016.                             abuse, unless such conduct occurs in                  system. Tier placement is based more on
                                              ADDRESSES: Written submissions and                      the context of human trafficking.                     the extent of government action to
                                              supporting documentation may be                            Confidentiality: Please provide the                combat trafficking than on the size of
                                              submitted by the following methods:                     name, phone number, and email address                 the problem, although that is a
                                                Email (preferred): tipreport@state.gov                of a single point of contact for any                  consideration. The Department first
                                              for submissions related to foreign                      submission. It is Department practice                 evaluates whether the government fully
                                              governments and tipreportUS@state.gov                   not to identify in the Report information             complies with the TVPA’s minimum
tkelley on DSK3SPTVN1PROD with NOTICES




                                              for submissions related to the United                   concerning sources to safeguard those                 standards for the elimination of
                                              States.                                                 sources. Please note, however, that any               trafficking. Governments that fully
                                                • Facsimile (fax): 202–312–9637                       information submitted to the                          comply are placed on Tier 1. For other
                                                • Mail, Express Delivery, Hand                        Department may be releasable pursuant                 governments, the Department considers
                                              Delivery and Messenger Service: U.S.                    to the provisions of the Freedom of                   the extent of efforts to reach
                                              Department of State, Office to Monitor                  Information Act or other applicable law.              compliance. Governments that are
                                              and Combat Trafficking in Persons (J/                   When applicable, portions of                          making significant efforts to meet the


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                                              81876                     Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices

                                              minimum standards are placed on Tier                       (4) The government of the country                  trafficking in persons; measures to
                                              2. Governments that do not fully comply                 should make serious and sustained                     establish the identity of local
                                              with the minimum standards and are                      efforts to eliminate severe forms of                  populations, including birth
                                              not making significant efforts to do so                 trafficking in persons.                               registration, citizenship, and
                                              are placed on Tier 3. Finally, the                         The following factors should be                    nationality; measures to ensure that its
                                              Department considers Special Watch                      considered as indicia of serious and                  nationals who are deployed abroad as
                                              List criteria and, when applicable,                     sustained efforts to eliminate severe                 part of a diplomatic, peacekeeping, or
                                              moves countries to Tier 2 Watch List.                   forms of trafficking in persons:                      other similar mission do not engage in
                                              For more information, the 2015 TIP                         (1) Whether the government of the                  or facilitate severe forms of trafficking in
                                              Report can be found at http://                          country vigorously investigates and                   persons or exploit victims of such
                                              www.state.gov/j/tip/rls/tiprpt/2015/                    prosecutes acts of severe forms of                    trafficking; a transparent system for
                                              index.htm.                                              trafficking in persons, and convicts and              remediating or punishing such public
                                                 Since the inception of the TIP Report                sentences persons responsible for such                officials as a deterrent; measures to
                                              in 2001, the number of countries                        acts, that take place wholly or partly                prevent the use of forced labor or child
                                              included and ranked has more than                       within the territory of the country,                  labor in violation of international
                                              doubled to include 188 countries and                    including, as appropriate, requiring                  standards; effective bilateral,
                                              territories in the 2015 TIP Report.                     incarceration of individuals convicted                multilateral, or regional information-
                                              Around the world, the TIP Report and                    of such acts. For purposes of the                     sharing and cooperation arrangements
                                              the best practices reflected therein have               preceding sentence, suspended or                      with other countries; and effective
                                              inspired legislation, national action                   significantly reduced sentences for                   policies or laws regulating foreign labor
                                              plans, policy implementation, program                   convictions of principal actors in cases              recruiters and holding them civilly and
                                              funding, protection mechanisms that                     of severe forms of trafficking in persons             criminally liable for fraudulent
                                              complement prosecution efforts, and a                   shall be considered, on a case-by-case                recruiting.
                                              stronger global understanding of this                   basis, whether to be considered as an                    (4) Whether the government of the
                                              crime.                                                  indicator of serious and sustained                    country cooperates with other
                                                                                                      efforts to eliminate severe forms of                  governments in the investigation and
                                                 Since 2003, the primary reporting on
                                                                                                      trafficking in persons. After reasonable              prosecution of severe forms of
                                              the United States’ anti-trafficking
                                                                                                      requests from the Department of State                 trafficking in persons and has entered
                                              activities has been through the annual
                                                                                                      for data regarding investigations,                    into bilateral, multilateral, or regional
                                              Attorney General’s Report to Congress
                                                                                                      prosecutions, convictions, and                        law enforcement cooperation and
                                              and Assessment of U.S. Government
                                                                                                      sentences, a government which does not                coordination arrangements with other
                                              Activities to Combat Human Trafficking                  provide such data, consistent with the                countries.
                                              (‘‘AG Report’’) mandated by section 105                 capacity of such government to obtain                    (5) Whether the government of the
                                              of the TVPA (22 U.S.C. 7103(d)(7)).                     such data, shall be presumed not to                   country extradites persons charged with
                                              Since 2010, the Report, through a                       have vigorously investigated,                         acts of severe forms of trafficking in
                                              collaborative interagency process,                      prosecuted, convicted, or sentenced                   persons on substantially the same terms
                                              includes an analysis of U.S. government                 such acts. The Secretary of State may                 and to substantially the same extent as
                                              anti-trafficking efforts in light of the                disregard the presumption contained in                persons charged with other serious
                                              minimum standards to eliminate                          the preceding sentence if the                         crimes (or, to the extent such extradition
                                              trafficking in persons set forth by the                 government has provided some data to                  would be inconsistent with the laws of
                                              TVPA.                                                   the Department of State regarding such                such country or with international
                                              II. Minimum Standards for the                           acts and the Secretary has determined                 agreements to which the country is a
                                              Elimination of Trafficking in Persons                   that the government is making a good                  party, whether the government is taking
                                                                                                      faith effort to collect such data.                    all appropriate measures to modify or
                                                 The TVPA sets forth the minimum                         (2) Whether the government of the                  replace such laws and treaties so as to
                                              standards for the elimination of                        country protects victims of severe forms              permit such extradition).
                                              trafficking in persons as follows:                      of trafficking in persons and encourages                 (6) Whether the government of the
                                                 (1) The government of the country                    their assistance in the investigation and             country monitors immigration and
                                              should prohibit severe forms of                         prosecution of such trafficking,                      emigration patterns for evidence of
                                              trafficking in persons and punish acts of               including provisions for legal                        severe forms of trafficking in persons
                                              such trafficking.                                       alternatives to their removal to countries            and whether law enforcement agencies
                                                 (2) For the knowing commission of                    in which they would face retribution or               of the country respond to any such
                                              any act of sex trafficking involving                    hardship, and ensures that victims are                evidence in a manner that is consistent
                                              force, fraud, coercion, or in which the                 not inappropriately incarcerated, fined,              with the vigorous investigation and
                                              victim of sex trafficking is a child                    or otherwise penalized solely for                     prosecution of acts of such trafficking,
                                              incapable of giving meaningful consent,                 unlawful acts as a direct result of being             as well as with the protection of human
                                              or of trafficking which includes rape or                trafficked, including by providing                    rights of victims and the internationally
                                              kidnapping or which causes a death, the                 training to law enforcement and                       recognized human right to leave any
                                              government of the country should                        immigration officials regarding the                   country, including one’s own, and to
                                              prescribe punishment commensurate                       identification and treatment of                       return to one’s own country.
                                              with that for grave crimes, such as                     trafficking victims using approaches                     (7) Whether the government of the
                                              forcible sexual assault.                                that focus on the needs of the victims.               country vigorously investigates,
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                                                 (3) For the knowing commission of                       (3) Whether the government of the                  prosecutes, convicts, and sentences
                                              any act of a severe form of trafficking in              country has adopted measures to                       public officials, including diplomats
                                              persons, the government of the country                  prevent severe forms of trafficking in                and soldiers, who participate in or
                                              should prescribe punishment that is                     persons, such as measures to inform and               facilitate severe forms of trafficking in
                                              sufficiently stringent to deter and that                educate the public, including potential               persons, including nationals of the
                                              adequately reflects the heinous nature of               victims, about the causes and                         country who are deployed abroad as
                                              the offense.                                            consequences of severe forms of                       part of a diplomatic, peacekeeping, or


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                                                                        Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices                                           81877

                                              other similar mission who engage in or                  III. Information Sought Relevant to the               prison time of less than one year for
                                              facilitate severe forms of trafficking in               Minimum Standards                                     convicted traffickers?
                                              persons or exploit victims of such                         Submissions should include, but need                  8. What was the extent of official
                                              trafficking, and takes all appropriate                  not be limited to, answers to relevant                complicity in trafficking crimes? Were
                                              measures against officials who condone                  questions below for which the submitter               officials operating as traffickers
                                              such trafficking. A government’s failure                has direct professional experience; that              (whether subjecting persons to forced
                                              to appropriately address public                         experience should be noted. Citations to              labor and/or sex trafficking offenses) or
                                              allegations against such public officials,              source material should also be provided.              taking actions that may facilitate
                                              especially once such officials have                     Note the country or countries that are                trafficking (including accepting bribes to
                                              returned to their home countries, shall                 the focus of the submission. Please see               allow undocumented border crossings
                                              be considered inaction under these                      the Scope of Interest section for detailed            or suspending active investigations of
                                              criteria. After reasonable requests from                information regarding submission                      suspected traffickers, etc.)? Were there
                                              the Department of State for data                        requirements.                                         examples of trafficking occurring in
                                              regarding such investigations,                             1. How have trafficking methods                    state institutions (prisons, child foster
                                              prosecutions, convictions, and                          changed in the past 12 months? For                    homes, institutions for mentally or
                                              sentences, a government which does not                  example, are there victims from new                   physically handicapped persons)? What
                                              provide such data consistent with its                   countries of origin? Is internal                      proactive measures did the government
                                              resources shall be presumed not to have                 trafficking or child trafficking                      take to prevent official complicity in
                                              vigorously investigated, prosecuted,                    increasing? Has sex trafficking changed               trafficking in persons crimes? How did
                                              convicted, or sentenced such acts. The                  from brothels to private apartments? Is               the government respond to reports of
                                              Secretary of State may disregard the                    labor trafficking now occurring in                    complicity that arose during the
                                              presumption contained in the preceding                  additional types of industries or                     reporting period?
                                              sentence if the government has provided                 agricultural operations? Is forced                       9. Has the government vigorously
                                              some data to the Department of State                    begging a problem? Does child sex                     investigated, prosecuted, convicted, and
                                              regarding such acts and the Secretary                   tourism occur in the country or involve               sentenced nationals of the country
                                              has determined that the government is                   its nationals abroad, and if so, what are             deployed abroad as part of a diplomatic,
                                              making a good faith effort to collect                   their destination countries?                          peacekeeping, or other similar mission
                                              such data.                                                 2. In what ways has the government’s               who engage in or facilitate trafficking?
                                                 (8) Whether the percentage of victims                efforts to combat trafficking in persons                 10. Has the government investigated,
                                              of severe forms of trafficking in the                   changed in the past year? What new                    prosecuted, convicted, and sentenced
                                              country that are non-citizens of such                   laws, regulations, policies, and                      organized crime groups that are
                                              countries is insignificant.                             implementation strategies exist (e.g.,                involved in trafficking?
                                                 (9) Whether the government has                       substantive criminal laws and                            11. Please provide observations
                                              entered into effective, transparent                     procedures, mechanisms for civil                      regarding government efforts to address
                                              partnerships, cooperative agreements, or                remedies, and victim-witness security,                the issue of unlawful child soldiering.
                                              agreements that have resulted in                        generally, and in relation to court                      12. Does the government make a
                                              concrete and measureable outcomes                       proceedings)?                                         coordinated, proactive effort to identify
                                              with—                                                      3. Please provide observations                     victims? Do officials effectively
                                                 (A) Domestic civil society                           regarding the implementation of                       coordinate among one another and with
                                              organizations, private sector entities, or              existing laws and procedures. Are there               relevant nongovernmental organizations
                                              international non-governmental                          laws criminalizing those who                          to refer victims to care? Is there any
                                              organizations, or into multilateral or                  knowingly solicit or patronize a                      screening conducted before deportation
                                              regional arrangements or agreements, to                 trafficking victim to perform a                       to determine whether individuals were
                                              assist the government’s efforts to                      commercial sex act and what are the                   trafficked?
                                              prevent trafficking, protect victims, and               prescribed penalties?                                    13. What victim services are provided
                                              punish traffickers; or                                     4. Are the anti-trafficking laws and               (legal, medical, food, shelter,
                                                 (B) The United States toward agreed                  sentences strict enough to reflect the                interpretation, mental health care,
                                              goals and objectives in the collective                  nature of the crime?                                  health care, employment, training, etc.)?
                                              fight against trafficking.                                 5. Please provide observations on                  Who provides these services? If
                                                                                                      overall anti-trafficking law enforcement              nongovernment organizations provide
                                                 (10) Whether the government of the                                                                         the services, does the government
                                              country, consistent with the capacity of                efforts and the efforts of police and
                                                                                                      prosecutors to pursue trafficking cases.              support their work either financially or
                                              such government, systematically                                                                               otherwise?
                                              monitors its efforts to satisfy the criteria            Is the government equally vigorous in
                                                                                                      pursuing labor trafficking and sex                       14. How could victim services be
                                              described in paragraphs (1) through (8)
                                                                                                      trafficking? If aware, please note any                improved?
                                              and makes available publicly a periodic
                                                                                                      efforts to investigate and prosecute                     15. Are services provided equally and
                                              assessment of such efforts.
                                                                                                      suspects for knowingly soliciting or                  adequately to victims of labor and sex
                                                 (11) Whether the government of the                   patronizing a sex trafficking victim to               trafficking? Men, women, and children?
                                              country achieves appreciable progress                   perform a commercial sex act.                         Citizen and noncitizen? Members of the
                                              in eliminating severe forms of                             6. Do government officials understand              LGBT community?
                                              trafficking when compared to the                        the nature of trafficking? If not, please                16. Do service providers and law
                                              assessment in the previous year.
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                                                                                                      provide examples of misconceptions or                 enforcement work together
                                                 (12) Whether the government of the                   misunderstandings.                                    cooperatively, for instance, to share
                                              country has made serious and sustained                     7. Do judges appear appropriately                  information about trafficking trends or
                                              efforts to reduce the demand for:                       knowledgeable and sensitized to                       to plan for services after a raid? What is
                                                 (A) Commercial sex acts; and                         trafficking cases? What sentences have                the level of cooperation,
                                                 (B) Participation in international sex               courts imposed upon traffickers? How                  communication, and trust between
                                              tourism by nationals of the country.                    common are suspended sentences and                    service providers and law enforcement?


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                                              81878                     Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices

                                                 17. May victims file civil suits or seek             vulnerability to trafficking, such as                 customers in the HRE industrial park
                                              legal action against their trafficker? Do               registering births of indigenous                      are currently the only rail shippers on
                                              victims avail themselves of those                       populations?                                          the Line. ORP will acquire certain assets
                                              remedies? Is there a formal policy that                    26. Does the government provide                    including the Line (collectively, the
                                              encourages victims’ voluntary                           financial support to NGOs working to                  Hannibal Property) from Hannibal, and
                                              participation in investigations and                     promote public awareness or does the                  plans to redevelop the Hannibal
                                              prosecutions? How did the government                    government implement such campaigns                   Property for industrial use. ORP
                                              protect victims during the trial process?               itself? Have public awareness                         anticipates that industries located on
                                              If a victim was a material witness in a                 campaigns proven to be effective?                     the Hannibal Property may require rail
                                              court case against a former employer,                      27. Please provide additional                      service. Accordingly, ORP has filed the
                                              was the victim permitted to obtain                      recommendations to improve the                        instant verified notice of exemption to
                                              employment, move freely about the                       government’s anti-trafficking efforts.                acquire and operate the Line.4
                                              country, or leave the country pending                      28. Please highlight effective                        This transaction is related to a
                                              trial proceedings? How did the                          strategies and practices that other                   concurrently filed verified notice of
                                              government work to ensure victims                       governments could consider adopting.                  exemption in Fortress Investment Group
                                              were not re-traumatized during                            Dated: December 21, 2015.                           LLC—Continuance in Control
                                              participation in trial proceedings? Can                 Kari Johnstone,                                       Exemption—Ohio River Partners, LLC,
                                              victims provide testimony via video or                  Principal Deputy, Office to Monitor and               Docket No. FD 35985, wherein Fortress
                                              written statements? Were victims’                       Combat, Trafficking in Persons, U.S.                  seeks Board approval to continue in
                                              identities kept confidential as part of                 Department of State.                                  control of ORP and two other rail
                                              such proceedings?                                       [FR Doc. 2015–32950 Filed 12–30–15; 8:45 am]          carriers (Central Maine & Quebec
                                                 18. Does the government repatriate                   BILLING CODE 4710–17–P                                Railway US Inc. and Florida East Coast
                                              victims who wish to return home? Does                                                                         Railway, L.L.C.) currently controlled by
                                              the government assist with third                                                                              other companies managed by affiliates
                                              country resettlement? Does the                                                                                of Fortress following consummation of
                                                                                                      DEPARTMENT OF TRANSPORTATION
                                              government engage in any analysis of                                                                          the proposed transaction.
                                              whether victims may face retribution or                 Surface Transportation Board                             The transaction may not be
                                              hardship upon repatriation to their                                                                           consummated until January 17, 2016 (30
                                              country of origin? Are victims awaiting                 [Docket No. FD 35984]
                                                                                                                                                            days after the notice of exemption was
                                              repatriation or third country                                                                                 filed).
                                                                                                      Ohio River Partners LLC—Acquisition
                                              resettlement offered services? Are
                                                                                                      and Operation Exemption—Hannibal                         ORP certifies that its projected annual
                                              victims indeed repatriated or are they
                                                                                                      Development, LLC                                      revenues as a result of this transaction
                                              deported?
                                                 19. Does the government effectively                                                                        will not result in its becoming a Class
                                                                                                         Ohio River Partners LLC (ORP), a
                                              assist its nationals exploited abroad?                                                                        II or Class I rail carrier and will not
                                                                                                      noncarrier, has filed a verified notice of
                                              Does the government work to ensure                                                                            exceed $5 million.
                                                                                                      exemption under 49 CFR 1150.31 to
                                              victims receive adequate assistance and                 acquire from Hannibal Development,                       ORP states that the transaction does
                                              support for their repatriation while in                 LLC (Hannibal), and to operate 12.2                   not impose any interchange
                                              destination countries? Does the                         miles of rail line known as the Omal                  commitment on it.
                                              government provide adequate assistance                  Secondary Track (the Line).1 The Line                    If the verified notice contains false or
                                              to repatriated victims after their return               extends between milepost 60.5 at or                   misleading information, the exemption
                                              to their countries of origin, and if so,                near Powhatan Point and milepost 72.7                 is void ab initio. Petitions to revoke the
                                              what forms of assistance?                               at or near Hannibal, in Monroe County,                exemption under 49 U.S.C. 10502(d)
                                                 20. Does the government                              Ohio.                                                 may be filed at any time. The filing of
                                              inappropriately detain or imprison                         Hannibal acquired the Line from the                a petition to revoke will not
                                              identified trafficking victims?                         bankruptcy estate of ORMET Railroad                   automatically stay the effectiveness of
                                                 21. Does the government punish                       Corporation (ORMET) in 2014. Prior to                 the exemption. Petitions to stay must be
                                              trafficking victims for forgery of                      entering bankruptcy, ORMET granted                    filed no later than January 8, 2016 (at
                                              documents, illegal immigration,                         Hannibal Real Estate, LLC (HRE) 2 an                  least seven days before the exemption
                                              unauthorized employment, or                             easement to use the Line for the purpose              becomes effective).
                                              participation in illegal activities                     of providing rail service to an industrial               An original and 10 copies of all
                                              directed by the trafficker?                             park owned by HRE on property located                 pleadings, referring to Docket No. FD
                                                 22. What efforts has the government                  adjacent to ORMET’s property. Ohio                    35984, must be filed with the Surface
                                              made to prevent human trafficking?                      Terminal Railway Company currently                    Transportation Board, 395 E Street SW.,
                                                 23. Has the government entered into                  serves customers in the HRE industrial                Washington, DC 20423–0001. In
                                              effective bilateral, multilateral, or                   park pursuant to the easement.3 The                   addition, a copy of each pleading must
                                              regional information-sharing and                                                                              be served on Terence M. Hynes, Sidley
                                              cooperation arrangements that have                         1 ORP, a Delaware limited liability company, is    Austin LLP, 1501 K St. NW.,
                                              resulted in concrete and measureable                    controlled by Ohio River Partners Shareholder LLC,    Washington, DC 20005.
                                              outcomes?                                               a Delaware limited liability company (ORPS). ORPS
                                                                                                      is indirectly owned and controlled by Fortress
                                                                                                                                                               Board decisions and notices are
                                                 24. Does the country have effective                                                                        available on our Web site at
                                                                                                      Transportation and Infrastructure Investors LLC,
                                              policies or laws regulating foreign labor               which is managed by an affiliate of Fortress          ‘‘WWW.STB.DOT.GOV.’’
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                                              recruiters? What steps did the                          Investment Group LLC (Fortress). Upon
                                              government take to minimize the                         consummation of the proposed transaction, ORPS          Decided: December 23, 2015.
                                              trafficking risks faced by migrant                      will own a 75% interest in ORP. The remaining
                                                                                                      25% interest in ORP will be held by Hannibal.            4 The easement granted by ORMET gives HRE the
                                              workers departing from or arriving in                      2 Hannibal and HRE are not affiliated companies.
                                                                                                                                                            right to use the Line only for the purpose of
                                              the country?                                               3 See Ohio Terminal Ry.—Operation Exemption—       providing rail service to HRE’s property.
                                                 25. Does the government undertake                    Hannibal Real Estate, FD 35703 (STB served Jan.       Accordingly, any new industries that locate on the
                                              activities that could prevent or reduce                 11, 2013).                                            Hannibal Property would be served by ORP.



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Document Created: 2015-12-31 02:14:48
Document Modified: 2015-12-31 02:14:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesSubmissions must be received by 5 p.m. on January 19, 2016.
FR Citation80 FR 81875 

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