VZCZCXYZ0008
OO RUEHWEB

DE RUEHC #1042 1631903
ZNR UUUUU ZZH
O 121839Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY NICOSIA IMMEDIATE 0000

UNCLAS STATE 061042 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL CY
SUBJECT: CYPRUS -- 2009 TIP REPORT: PRESS GUIDANCE AND 
DEMARCHE 
 
REF: A. (A) STATE 59732 
     ¶B. (B) STATE 005577 
 
¶1. This is an action cable; see paras 5 through 7 and 10. 
 
¶2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will 
release the 2009 Trafficking in Persons (TIP) Report at a 
press conference in the Department's press briefing room. 
This release will receive substantial coverage in domestic 
and foreign news outlets.  Until the time of the Secretary's 
June 16 press conference, any public release of the Report or 
country narratives contained therein is prohibited. 
 
¶3. The Department is hereby providing Post with advance press 
guidance to be used on June 16 or thereafter.  Also provided 
is demarche language to be used in informing the Government 
of Cyprus of its tier ranking and the TIP Report's imminent 
release.  The text of the TIP Report country narrative is 
provided, both for use in informing the Government of Cyprus 
and in any local media release by Post's public affairs 
section on June 16 or thereafter.  Drawing on information 
provided below in paras 8 and 9, Post may provide the host 
government with the text of the TIP Report narrative no 
earlier than 1200 noon local time Monday June 15 for WHA, AF, 
EUR, and NEA countries and OOB local time Tuesday June 16 for 
SCA and EAP posts.  Please note, however, that any public 
release of the Report's information should not/not precede 
the Secretary's release at 10:00 am EDT on June 16. 
 
¶4. The entire TIP Report will be available on-line at 
www.state.gov/g/tip shortly after the Secretary's June 16 
release.  Hard copies of the Report will be pouched to posts 
in all countries appearing on the Report.  The Secretary's 
statement at the June 16 press event, and the statement of 
and fielding of media questions by G/TIP,s Director and 
Senior Advisor to the Secretary, Ambassador-at-Large Luis 
CdeBaca, will be available on the Department's website 
shortly after the June 16 event.  Ambassador de Baca will 
also hold a general briefing for officials of foreign 
embassies in Washington DC on June 17 at 3:30 pm EDT. 
 
¶5. Action Request: No earlier than 12 noon local time on 
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local 
time on Tuesday June 16 for SCA and EAP posts, please inform 
the appropriate official in the Government of Cyprus of the 
June 16 release of the 2009 TIP Report, drawing on the points 
in para 9 (at Post's discretion) and including the text of 
the country narrative provided in para 8.  For countries 
where the State Department has lowered the tier ranking, it 
is particularly important to advise governments prior to the 
Report being released in Washington on June 16. 
 
¶6. Action Request continued:  Please note that, for those 
countries which will not receive an "action plan" with 
specific recommendations for improvement, posts should draw 
host governments' attention to the areas for improvement 
identified in the 2009 Report, especially highlighted in the 
"Recommendations" section of the second paragraph of the 
narrative text.  This engagement is important to establishing 
the framework in which the government's performance will be 
judged for the 2010 Report.  If posts have questions about 
which governments will receive an action plan, or how they 
may follow up on the recommendations in the 2009 Report, 
please contact G/TIP and the appropriate regional bureau. 
 
¶7. Action Request continued: On June 16, please be prepared 
to answer media inquiries on the Report's release using the 
press guidance provided in para 11.  If Post wishes, a local 
press statement may be released on or after 10:30 am EDT June 
16, drawing on the press guidance and the text of the TIP 
Report's country narrative provided in para 8. 
 
¶8. Begin Final Text of Cyprus,s country narrative in the 
2009 TIP Report: 
 
-------------------------------- 
Cyprus (TIER 2) 
-------------------------------- 
Cyprus is a destination country for a large number of women 
from Eastern Europe, the former Soviet Union, Russia, Latin 
America, and the Philippines trafficked for the purpose of 
commercial sexual exploitation.  Recent trends indicate an 
increasing number of women trafficked to Cyprus from Latin 
America, Morocco, and Syria.  Source countries for identified 
victims in 2008 include the Dominican Republic, Romania, 
Moldova, the Philippines, Uzbekistan, Syria, Russia, and 
Ukraine. Some trafficking for the purpose of labor 
exploitation also occurs.  In 2008, most identified victims 
of sex trafficking were fraudulently recruited to Cyprus on 
three-month &artiste8 work permits to work in the cabaret 
industry, on &barmaid work permits8 to work in pubs, or on 
tourist visas to work in massage parlors disguised as private 
apartments.  Some victims are trafficked through the area 
administered by the Turkish Cypriots into the Republic of 
Cyprus-controlled areas. 
The Government of Cyprus does not fully comply with the 
minimum standards for the elimination of trafficking; 
however, it is making significant efforts to do so.  During 
the reporting period, the government undertook efforts to 
prevent trafficking by abolishing its &artiste8 category 
work permit, launching a country-wide general awareness 
campaign, and dedicating significant resources to the 
protection and assistance of trafficking victims. Although 
these steps mark important progress, future assessments of 
the Cypriot government,s anti-trafficking efforts will 
consider whether the government has demonstrated more 
vigorous prosecution efforts and convictions against 
traffickers to sufficiently punish and deter trafficking in 
Cyprus.  Moreover, future assessments will look to whether 
the government has taken measures to prevent sex trafficking 
through misuse of the new &creative artist8 and 
&performance artist8 work permits or through an upsurge in 
issuances of &barmaid8 work permits. The government should 
also implement public awareness campaigns specifically 
targeting &clients8 that comprise the demand for sex 
trafficking victims. 
Recommendations for Cyprus:  Ensure safeguards are developed 
and enforced to restrict potential conduits for trafficking 
into Cyprus such as the &barmaid8 work permits and the new 
&performing artist8 and &creative artist8 work permits; 
vigorously prosecute and seek convictions of trafficking 
offenders and officials complicit in trafficking; implement 
new training programs for prosecutors and judges to enhance 
the quality of trafficking prosecutions to ensure sufficient 
criminal punishments for traffickers; develop and launch a 
comprehensive demand reduction campaign specifically aimed at 
Cypriot clients of prostitution to educate them about the 
link between prostitution and trafficking; adopt, 
disseminate, and implement a practical guide outlining the 
identification and referral and protection of potential 
trafficking victims to all front-line responders; and 
demonstrate more consistency in providing financial support 
to victims. 
Prosecution 
----------- 
The Government of Cyprus demonstrated moderate efforts to 
prosecute and punish trafficking offenders in 2008.  The 
Government of Cyprus prohibits trafficking for the purpose of 
sexual exploitation and forced labor through Law 87 (I)/2007, 
which also contains protection measures for victims. 
Although the penalties prescribed for sex trafficking range 
up to 20 years, imprisonment, these penalties are not 
commensurate with those prescribed for other grave crimes, 
such as rape, for which the maximum sentence is life in 
prison.  During the reporting period, police investigated and 
filed charges against 70 persons in 29 suspected trafficking 
cases, compared to 45 persons charged in 27 suspected 
trafficking cases filed in 2007.  The government initiated 
prosecution in 21 of these cases in 2008, a slight increase 
from 17 cases initiated in 2007.  However, only two of these 
2008 cases were prosecuted to completion; both resulting in 
acquittals.  Of the 31 cases of trafficking for sexual 
exploitation pending at the end of the previous reporting 
period, 11 remained in the prosecution phase, 10 resulted in 
acquittals, five were dismissed, one was suspended, and three 
remain under investigation.  The government obtained only one 
conviction in 2008, resulting in a two-year sentence.  This 
is a significant decline from eight convictions obtained 
during the previous reporting period.  The Cypriot government 
in 2008 added an additional member to its three-person police 
anti-trafficking unit.  A court acquitted three officers 
suspected of trafficking-related complicity in 2008; another 
case involving four officers remains pending. 
Protection 
---------- 
The Government of Cyprus undertook significant efforts to 
protect trafficking victims in 2008.  It continued to operate 
a shelter dedicated for trafficking victims and it provided 
victims with a minimum one-month reflection period to decide 
whether or not they want to cooperate in criminal 
investigations.  During the reporting period, the government 
allocated $132,000 in funding for victim assistance; it also 
dedicated $249,000 for the government shelter,s operation, 
as well as $21,873 for an NGO-run shelter in Limassol.  All 
victims are placed under the care of the Department of Social 
Welfare Services, which provided shelter and assistance to a 
total of 59 victims during the reporting period; six were 
victims of labor trafficking, two of whom were men.  In 2008, 
police identified 41 new victims of trafficking.  The 
government shelter housed 28 of these victims; the remaining 
victims were referred to the NGO shelter or stayed in private 
apartments. Victims who choose not to stay at the shelter are 
entitled to a rent subsidy and monthly allowance.  The 
government encouraged victims to participate in 
investigations of trafficking offenders; 37 out of 41 victims 
identified agreed to assist law enforcement in 2008.  The 
government did not penalize identified victims for unlawful 
acts committed as a direct result of their being trafficked. 
It provided legal alternatives to the removal of foreign 
victims to countries where they may face hardship or 
retribution, as the law provides for the granting of asylum 
or refugee status to anyone, including trafficking victims, 
when their lives or freedom would be threatened; however, 
during the reporting period no trafficking victims applied 
for such status. 
Prevention 
----------- 
The Government of Cyprus significantly improved its efforts 
to prevent trafficking in 2008.  In November 2008, the 
Council of Ministers took the decision to abolish the 
&artiste8 work permit, a well-known conduit for 
trafficking, and this decision took effect in February 2009. 
During the reporting period, the government issued 1,906 
&artiste8 work permits, some of which were re-issuances. 
However, it issued 526 &barmaid8 work permits in 2008, 
compared to 416 issued in 2007, raising the concern that the 
barmaid work permit has taken the place of the &artiste8 
work permit in facilitating sex trafficking to Cyprus.   In 
December 2008, the government launched a public awareness 
campaign that included pamphlets and posters in government 
offices, colleges, airports and supermarkets; billboards were 
placed on main streets and highways. This campaign, however, 
did not specifically address demand within the context of 
Cyprus, a measure urgently needed in the country.  During the 
reporting period, the head of the police anti-trafficking 
unit gave regular lectures to educate new police recruits 
about trafficking. 
Area Administered by Turkish Cypriots 
The northern area of Cyprus is administered by Turkish 
Cypriots; the area has declared itself the &Turkish Republic 
of Northern Cyprus8 (&TRNC8). The United States does not 
recognize the &TRNC,8 nor does any other country except 
Turkey.  The area administered by Turkish Cypriots is a 
destination for women primarily trafficked from countries in 
Eastern Europe for the purpose of commercial sexual 
exploitation.  During the reporting period, the majority of 
the women who received &artiste8 work permits in the 
&TRNC8 were from Moldova and Ukraine.  A smaller number 
included women from Kyrgyzstan, Georgia, Belarus, Uzbekistan, 
Tajikistan, the Philippines, Kenya, Romania, and Nigeria. 
Authorities in the &TRNC8 overwhelmingly deny that 
trafficking is a significant problem in the area, posing a 
significant challenge to assuring any protection for women 
from trafficking or the prosecution of their traffickers. 
&TRNC8 authorities identified no trafficking victims during 
the reporting period. 
Although the area administered by Turkish Cypriots drafted an 
anti-trafficking &bill8 in 2007, it has yet to make any 
progress on this &legislation.8  Awareness of trafficking 
somewhat increased, although the &TRNC8 authorities provide 
no specialized training on trafficking; authorities continued 
to confuse trafficking with prostitution and smuggling. 
Trafficking crimes can potentially be prosecuted on charges 
of &living off the earnings of prostitution8 or 
&encouraging prostitution.8 Persons convicted under these 
&laws8 can receive up to two years, imprisonment. These 
penalties are not commensurate with those prescribed for 
other grave crimes in the area administered by Turkish 
Cypriots, such as rape.  &TRNC8 authorities reportedly 
prosecuted nightclub owners and pimps on prostitution-related 
charges, but provided no statistics on these efforts. 
Although there are no specific reports of local authorities, 
complicity in trafficking, authorities likely tolerate such 
corruption due to a lack of anti-trafficking &legislation.8 
Authorities reportedly hold the travel documents for foreign 
women in the cabaret industry in the &TRNC.8 
The &government8 does not have specialized procedures in 
place to identify and refer trafficking victims or allocate 
any funding to anti-trafficking efforts, nor does it provide 
any specialized care or shelter for victims.  Although 
prostitution is illegal in the &TRNC,8 nightclub employees 
are required to submit to weekly health checks for STD 
screening, suggesting tacit &government8 condoning of its 
prostitution industry.  If arrested on prostitution charges, 
a victim is most likely deported within 24 hours. &TRNC8 
authorities did not conduct any anti-trafficking awareness 
campaigns during the reporting period. 
The &TRNC8 does not fully comply with the minimum standards 
for the elimination of trafficking, and does not appear to be 
making significant efforts to do so.  If the &TRNC8 were 
assigned a formal ranking in this report, it would likely be 
Tier 3. 
Recommendations for Turkish Cypriot authorities: Pass the 
draft &legislation8 that specifically prohibits all severe 
forms of trafficking; provide training for &law 
enforcement8 and other front-line responders on victim 
identification techniques; establish specialized protection 
and assistance services and shelter; and educate clients and 
the larger public about trafficking occurring within the 
cabaret industry. 
 
 
¶9. Post may wish to deliver the following points, which offer 
technical and legal background on the TIP Report process, to 
the host government as a non-paper with the above TIP Report 
country narrative: 
 
(begin non-paper) 
 
-- The U.S. Congress, through its passage of the 2000 
Trafficking Victims Protection Act, as amended (TVPA), 
requires the Secretary of State to submit an annual Report to 
Congress.  The goal of this Report is to stimulate action and 
create partnerships around the world in the fight against 
modern-day slavery.  The USG approach to combating human 
trafficking follows the TVPA and the standards set forth in 
the Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, Especially Women and Children, supplementing the 
United Nations Convention against Transnational Organized 
Crime (commonly known as the "Palermo Protocol").  The TVPA 
and the Palermo Protocol recognize that this is a crime in 
which the victims, labor or services (including in the "sex 
industry") are obtained or maintained through force, fraud, 
or coercion, whether overt or through psychological 
manipulation.  While much attention has focused on 
international flows, both the TVPA and the Palermo Protocol 
focus on the exploitation of the victim, and do not require a 
showing that the victim was moved. 
 
-- Recent amendments to the TVPA removed the requirement that 
only countries with a "significant number" of trafficking 
victims be included in the Report. Beginning with the 2009 
TIP Report, countries determined to be a country of origin, 
transit, or destination for victims of severe forms of 
trafficking are included in the Report and assigned to one of 
three tiers.  Countries assessed as meeting the "minimum 
standards for the elimination of severe forms of trafficking" 
set forth in the TVPA are classified as Tier 1.  Countries 
assessed as not fully complying with the minimum standards, 
but making significant efforts to meet those minimum 
standards are classified as Tier 2.  Countries assessed as 
neither complying with the minimum standards nor making 
significant efforts to do so are classified as Tier 3. 
 
-- The TVPA also requires the Secretary of State to provide a 
"Special Watch List" to Congress later in the year. 
Anti-trafficking efforts of the countries on this list are to 
be evaluated again in an Interim Assessment that the 
Secretary of State must provide to Congress by February 1 of 
each year.  Countries are included on the "Special Watch 
List" if they move up in "tier" rankings in the annual TIP 
Report -- from 3 to 2 or from 2 to 1 ) or if they have been 
placed on the Tier 2 Watch List. 
 
-- Tier 2 Watch List consists of Tier 2 countries determined: 
(1) not to have made "increasing efforts" to combat human 
trafficking over the past year; (2) to be making significant 
efforts based on commitments of anti-trafficking reforms over 
the next year, or (3) to have a very significant number of 
trafficking victims or a significantly increasing victim 
population.  As indicated in reftel B, the TVPRA of 2008 
contains a provision requiring that a country that has been 
included on Tier 2 Watch List for two consecutive years after 
the date of enactment of the TVPRA of 2008 be ranked as Tier 
¶3.  Thus, any automatic downgrade to Tier 3 pursuant to this 
provision would take place, at the earliest, in the 2011 TIP 
Report (i.e., a country would have to be ranked Tier 2 Watch 
List in the 2009 and 2010 Reports before being subject to 
Tier 3 in the 2011 Report).  The new law allows for a waiver 
of this provision for up to two additional years upon a 
determination by the President that the country has developed 
and devoted sufficient resources to a written plan to make 
significant efforts to bring itself into compliance with the 
minimum standards. 
 
-- Countries classified as Tier 3 may be subject to statutory 
restrictions for the subsequent fiscal year on 
non-humanitarian and non-trade-related foreign assistance 
and, in some circumstances, withholding of funding for 
participation by government officials or employees in 
educational and cultural exchange programs.   In addition, 
the President could instruct the U.S. executive directors to 
international financial institutions to oppose loans or other 
utilization of funds (other than for humanitarian, 
trade-related or certain types of development assistance) 
with respect to countries on Tier 3.  Countries classified as 
Tier 3 that take strong action within 90 days of the Report's 
release to show significant efforts against trafficking in 
persons, and thereby warrant a reassessment of their Tier 
classification, would avoid such sanctions.  Guidelines for 
such actions are in the DOS-crafted action plans to be shared 
by Posts with host governments. 
 
-- The 2009 TIP Report, issuing as it does in the midst of 
the global financial crisis, highlights high levels of 
trafficking for forced labor in many parts of the world and 
systemic contributing factors to this phenomenon:  fraudulent 
recruitment practices and excessive recruiting fees in 
workers, home countries; the lack of adequate labor 
protections in both sending and receiving countries; and the 
flawed design of some destination countries, "sponsorship 
systems" that do not give foreign workers adequate legal 
recourse when faced with conditions of forced labor.  As the 
May 2009 ILO Global Report on Forced Labor concluded, forced 
labor victims suffer approximately $20 billion in losses, and 
traffickers, profits are estimated at $31 billion.  The 
current global financial crisis threatens to increase the 
number of victims of forced labor and increase the associated 
"cost of coercion." 
 
-- The text of the TVPA and amendments can be found on 
website www.state.gov/g/tip. 
 
-- On June 16, 2009, the Secretary of State will release the 
ninth annual TIP Report in a public event at the State 
Department.  We are providing you an advance copy of your 
country's narrative in that report.  Please keep this 
information embargoed until 10:00 am Washington DC time June 
¶16.  The State Department will also hold a general briefing 
for officials of foreign embassies in Washington DC on June 
17 at 3:30 pm EDT. 
 
(end non-paper) 
 
¶10. Posts should make sure that the relevant country 
narrative is readily available on or though the Mission's web 
page in English and appropriate local language(s) as soon as 
possible after the TIP Report is released.  Funding for 
translation costs will be handled as it was for the Human 
Rights Report.  Posts needing financial assistance for 
translation costs should contact their regional bureau,s EX 
office. 
 
¶11. The following is press guidance provided for Post to use 
with local media. 
Q1: Why was Cyprus upgraded to Tier 2 in 2009? 
 
During the reporting period, the government undertook efforts 
to prevent trafficking by abolishing its &artiste8 category 
work permit, launching a country-wide general awareness 
campaign, and dedicating significant resources to the 
protection and assistance of trafficking victims. 
 
Q2:  What are some issues that Cyprus still needs to address? 
 
A: Although these steps mark important progress, future 
assessments of the Cypriot government,s anti-trafficking 
efforts will consider whether the government has demonstrated 
more vigorous prosecution efforts and convictions against 
traffickers to sufficiently punish and deter trafficking in 
Cyprus.  Moreover, future assessments will look to whether 
the government has taken measures to prevent sex trafficking 
through misuse of the new &creative artist8 and 
&performance artist8 work permits or through an upsurge in 
issuances of &barmaid8 work permits. The government should 
also implement public awareness campaigns specifically 
targeting &clients8 that comprise the demand for sex 
trafficking victims. 
 
Q3: What can Cyprus do to improve its fight against 
trafficking in persons in the coming year? 
 
¶A.    To improve its anti-trafficking performance, the 
Government of  Cyprus could: ensure safeguards are enforced 
to restrict potential conduits for trafficking into Cyprus 
such as the &barmaid8 work permits and the new &performing 
artist8 and &creative artist8 work permits; vigorously 
prosecute and seek convictions of trafficking offenders and 
officials complicit in trafficking; implement new training 
programs for prosecutors and judges to enhance the quality of 
trafficking prosecutions to ensure sufficient criminal 
punishments for traffickers; launch a comprehensive demand 
reduction campaign specifically aimed at Cypriot clients of 
prostitution to educate them about the link between 
prostitution and trafficking; adopt, disseminate, and 
implement a practical guide outlining the identification and 
referral and protection of potential trafficking victims to 
all front-line responders; and demonstrate more consistency 
in providing financial support to victims. 
 
¶12. The Department appreciates posts, assistance with the 
preceding action requests. 
CLINTON