Sec. 5. United States opposition to any action by certain multilateral development banks that does not require the recipient government to work to eliminate human trafficking
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In this section— the term human trafficking risk assessment means an assessment of— the magnitude and modalities of trafficking in persons in the borrower country, including in areas directly affected by the project; the expected impact of the proposed loan, project, agreement, memorandum, instrument, plan, or other program on trafficking in persons in the borrower country, including in areas directly affected by the project; whether the borrower country protects and provide services for victims of trafficking in persons; whether the borrower country vigorously and without bias investigates and prosecutes acts of trafficking in persons; whether the borrower country has adopted effective measures to prevent trafficking in persons; whether the government of the borrower country— sponsors or otherwise facilitates forced labor; or has policies that provide incentives for, or otherwise support the participation in or facilitation of, forced labor by officials at any level of government; recommended anti-human trafficking actions to be undertaken as part of the proposed loan, project, agreement, memorandum, instrument, plan, or other program; efforts undertaken by the multilateral development bank to ensure that products and services procured for the proposed loan, project, agreement, memorandum, instrument, plan, or other program are free of forced labor; grant funding made available by the multilateral development bank for civil society organizations to apply to monitor, implement, or evaluate anti-human trafficking actions undertaken as part of the proposed loan, project, agreement, memorandum, instrument, plan, or other program; academic and civil society analyses of human trafficking in the borrower country; and other factors relevant to human trafficking in the borrower country. the term multilateral development bank includes— the International Bank for Reconstruction and Development; the European Bank for Reconstruction and Development; the International Development Association; the International Finance Corporation; the Multilateral Investment Guarantee Agency; the Inter-American Development Bank; the Inter-American Investment Corporation; the Asian Development Bank; the African Development Bank; and the African Development Fund.
The President shall instruct the United States Executive Director of each multilateral development bank— to support the United States policy goal of advancing the cause of ending modern slavery and human trafficking, including by seeking to channel assistance toward countries other than countries whose governments— do not fully comply with the minimum standards set forth in section 108(a) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7106(a) ); and are not making significant efforts to comply with such standards; to use the voice and vote of the United States to oppose any loan, project, agreement, memorandum, instrument, plan, or other program (other than for humanitarian assistance, or for development assistance which directly addresses basic human needs, is not administered by the government of the country, and confers no benefit to that government) involving a country that is described in paragraph (1)(C) or (2)(A)(iii) of section 110(b) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(b) ) (commonly known as Tier 3 Countries and Tier 2 Watch List Countries , respectively); to encourage other nations to adopt policies that are consistent with paragraph (2); to initiate discussions with the other executive directors of the respective multilateral development bank proposing that each such institution develop anti-human trafficking provisions in its project development, safeguards, procurement, and evaluation policies, taking into consideration the minimum standards set forth in section 108(a) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7106(a) ), the Abolition of Forced Labour Convention, 1957, which was adopted by the International Labour Organisation in Geneva on June 25, 1957, and the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, which was adopted by the United Nations General Assembly on November, 15, 2000; to seek, through discussions and negotiations with the other member countries of the multilateral development banks and with the management of such banks, the adoption of policies and procedures providing governmental agencies and interested members of the public of such member countries with access to human trafficking risk assessments that— are made available to such governmental agencies and interested members of the public not later than 120 days before scheduled board action; and encourage public participation in review of the relevant human trafficking risk information; and to ensure that a human trafficking risk assessment, or a comprehensive summary of such assessment, accompanies loan proposals through the agency review process.
The President may waive the requirement described in subsection (b)(2) on a case-by-case basis with respect to an individual loan, project, agreement, memorandum, instrument, plan, or other program, if, not later than 120 days before the date on which the bank is scheduled to vote on such issue, the President submits a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— includes a determination by the President that the provision of a loan, project, agreement, memorandum, instrument, plan, or other assistance would promote the purposes of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq.) or is otherwise in the national interest of the United States; certifies that no assistance is intended to be received or used by any agency or official who has participated in, facilitated, or condoned a severe form of trafficking in persons; certifies that the President has not granted a waiver to the country under section 110(d) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7107(d) ); describes the concrete actions to combat human trafficking taken by the country since the release of the most recent annual report on trafficking in persons; certifies that an assessment analyzing the human trafficking risks of the proposed project, agreement, memorandum, instrument, plan, or other assistance has been— completed by the multilateral development bank; and made available to the board of directors of the bank, affected groups, local civil society organizations, and the public; and describes the actions taken by the Secretary of State to engage with the country on human trafficking.
The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the Administrator of the Agency for International Development, shall— make available to the multilateral development banks, without charge, appropriate United States Government personnel and technical experts contracted by the United States Government to assist in— developing anti-human trafficking provisions in project development, safeguards, procurement, and evaluation policies; training institution staff in anti-human trafficking best practices; providing advice on anti-human trafficking issues; preparing human trafficking risk assessments; and preparing documents for public release; and encourage other member countries of such banks to provide similar assistance.
Not later than July 1 of each year, the Secretary of the Treasury shall submit an annual report to the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on Foreign Affairs of the House of Representatives that describes all loans to Tier 3 Countries and Tier 2 Watch List Countries that were considered by the Board of Executive Directors of each multilateral development bank during the preceding 12-month reporting period.
Each report required under paragraph
(1)shall— include a list of all loans considered by the Board of Executive Directors of each multilateral development bank; specify, with respect to each such loan— the institution involved; the date of final action; the borrower; the amount; the project or program; the vote of the United States Government; the reason for United States Government opposition, if any; and the final disposition of the loan; indicate whether the United States has opposed any loan, financial assistance, or technical assistance to a country based upon the prevalence of human trafficking within such country; indicate whether the United States has voted in favor of a loan, financial assistance, or technical assistance to a country with respect to which the United States had, in the preceding 2 years, opposed a loan, financial assistance, or technical assistance based upon a reduction of human trafficking within such country; in cases in which the United States changed its voting position, regarding a loan, financial assistance, or technical assistance to a country, from opposition to support or from support to opposition based upon the response by the government of such country to human trafficking within such country— indicate the policy considerations that were taken into account in the development of the United States voting position; indicate how the United States voted on all other loans, financial assistance, and technical assistance to such country during the preceding 2 years; and describe how the United States voting position relates to the overall United States Government policy on human trafficking in such country; describe the efficacy of efforts by the United States to encourage consistent and timely human trafficking risk assessments of actions proposed to be taken by the multilateral development banks; and describe the progress made by the multilateral development banks in developing and instituting anti-human trafficking provisions in project development, safeguards, procurement, and evaluation policies.
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Sec. 5
United States opposition to any action by certain multilateral development banks that does not require the recipient government to work to eliminate human trafficking
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