VZCZCXYZ0018
PP RUEHWEB

DE RUEHC #1814 1911544
ZNR UUUUU ZZH
P 101528Z JUL 09
FM SECSTATE WASHDC
TO AMEMBASSY KUWAIT PRIORITY 0000

UNCLAS STATE 071814 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KWMN PHUM PREL SMIG KU
SUBJECT: KUWAIT -- TIP 2009 TIER 3 SHORT-TERM ACTION PLAN 
 
¶1. This is an action cable: please see paragraph 4. 
 
¶2. The 2009 Trafficking in Persons (TIP) Report carries 
policy and programmatic implications for those countries 
listed on Tier 3 (i.e. those countries whose governments do 
not fully comply with the minimum standards for the 
elimination of trafficking and are not making significant 
efforts to do so).  Under the Trafficking Victims Protection 
Act of 2000, as amended, (TVPA) certain sanctions, effective 
October 1, 2009, may be imposed on Tier 3 countries. 
Sanctions may be avoided if, prior to the Presidential 
determination on sanctions, a country makes "significant 
efforts" to comply with the minimum standards and the 
Secretary determines that the country should be reassessed 
off of Tier 3. 
 
¶3. The following statement is for Post's information only. If 
the Government of Kuwait completes the steps described below 
within 60 days of the TIP Report's release (by August 15, 
2009) and, assuming that other efforts continue apace and 
there are no significant negative events related to human 
trafficking, G/TIP and EAP will recommend to the Secretary 
that she make a determination that Kuwait has been found to 
meet the criteria for Tier 2 Watch List. If the Government of 
Kuwait were reassessed to Tier 2 Watch List, it would no 
longer be subject to sanctions. If the steps below are not 
completed, and Kuwait remains on Tier 3, the President has 
the option to waive sanctions, either in full or in part, if 
he determines that doing so would promote the purposes of the 
TVPA or is otherwise in the national interest of the United 
States. (Note: the term "sanctions" is used herein to 
describe sanctions defined in the TVPA, including provision 
for directed voting in international financial institutions 
(IFIs)). 
 
¶4. Action Request: Kuwait is listed as a Tier 3 Country in 
the 2009 TIP Report. Post is requested to approach the 
government to urge that it implement the following steps 
within the next 60 days. Department encourages Post to remind 
the government that, while these steps are critical in the 
next 60 days, continued significant efforts throughout the 
year will be key to next year's ranking. 
 
¶5. Begin demarche/action plan: 
 
The Secretary of State has determined that Kuwait neither 
fully complies with the minimum standards for the elimination 
of trafficking in persons, as set forth in U.S. law (the 
Trafficking Victims Protection Act, as amended), nor is it 
making significant efforts to comply with those standards. 
This places Kuwait on Tier 3.  Within 90 days of the release 
of the Trafficking in Persons Report, the President must 
transmit to Congress sanctions determinations for countries 
on Tier 3; sanctions could include certain restrictions on 
USG foreign assistance; and negative USG votes in 
international financial institutions (IFIs). 
 
During the next several months, the USG will work with the 
Government of Kuwait and foreign country missions most 
directly affected by trafficking to promote improvements in 
combating trafficking in persons.  Based on actions taken by 
Kuwait within 60 days of the Report's release, Kuwait could 
be determined to have made significant efforts to bring 
itself into compliance with the minimum standards if it 
undertakes significant actions against trafficking during 
this time frame. 
 
Fulfillment of the following (or other similar) steps would 
constitute significant efforts: 
 
¶A. Demonstrate a commitment to increasing criminal 
prosecutions of trafficking offenses.  Make available 
statistics on trafficking prosecutions, convictions, and 
sentences achieved during the reassessment period.  This can 
include law enforcement under non-trafficking statutes (e.g., 
kidnapping, assault, rape, etc.), but must be confirmed to be 
trafficking in nature. 
 
-- Persons convicted of trafficking offenses should receive 
sentences similar to other grave crimes; sentences including 
prison time for convicted traffickers.  (Note: Per the 
Implementation Guidelines, imposed sentences should involve 
significant jail time, with a majority of cases resulting in 
sentences on the order of one year,s imprisonment or more, 
but taking into account the severity of the individual,s 
involvement in trafficking, imposed sentences for other grave 
crimes, and the judiciary,s right to hand down punishments 
consistent with that country,s laws.  End note.) 
 
¶B. Develop and implement a formal procedure to identify 
trafficking victims among vulnerable groups, such as illegal 
immigrants and women arrested for prostitution, and refer 
them to available protective services. 
 
-- A formal procedure would, at a minimum, proactively screen 
for victims, and train personnel in victim identification 
methods to high-risk areas such as deportation centers or 
police stations. 
 
-- A minimum sufficient victim identification procedure would 
include the use of professionals trained specifically in 
trafficking victim identification to interview those in 
vulnerable groups for evidence of trafficking.  (Note: Per 
the Implementation Guidelines, victims should not be expected 
to self-identify due to possible feelings of shame or fear of 
retribution from their traffickers or punishment by the 
government, and should go beyond the mere checking of an 
individual,s papers.  End note.) 
 
--Proactive measures for victim identification are 
particularly necessary among groups vulnerable to 
trafficking, such as foreigners being held for deportation 
and women arrested for prostitution, and it is most 
appropriate in areas where these potential victims may 
interface with the government, including deportation centers 
and police stations. 
 
-- Ensure that identified victims of trafficking are not 
prosecuted, detained, or otherwise penalized for acts 
committed as a result of being trafficked, such as violation 
of immigration provisions or prostitution. 
 
-- Ensure that victims receive access to victim services. 
(Note: Per the Implementation Guidelines, a government should 
ensure that victims receive access to primary health care, 
counseling, and shelter that allows them to recount their 
trafficking experience to trained social counselors and law 
enforcement at a pace with minimal pressure.  End Note.) 
Establishing a standard referral procedure to transfer 
identified victims to NGO victim services is recommended. 
 
¶C. Provide a credible mechanism by which trafficking victims 
can file complaints of forced labor and receive protection 
without the fear of being detained or deported.  Publicize 
the existence of this avenue ) particularly among foreign 
migrant populations ) and encourage potential trafficking 
victims to use it. 
 
¶D. Enact already drafted anti-trafficking legislation that 
prohibits severe forms of trafficking, including trafficking 
for the purpose of involuntary servitude and commercial 
sexual exploitation. 
 
-- Ensure that penalties for trafficking for commercial 
sexual exploitation are commensurate with those for other 
grave crimes.  (Note: Per the Implementation Guidelines, 
sanctions for sex trafficking should be on par with rape. 
The prescribed penalties for sex trafficking crimes or 
trafficking involving rape, kidnapping, or death should be 
substantially similar to those for rape, taking into account 
the full range of sentences available.  End note.) 
 
-- Prescribed penalties under this law should be sufficiently 
stringent to deter would-be traffickers and should adequately 
reflect the nature of the crime.  (Note: Per the 
Implementation Guidelines, and consistent with the UN 
Conventional Against Transnational Organized Crime, criminal 
penalties to meet this standard should include a maximum of 
at least four years, deprivation of liberty, or a more severe 
penalty.  End note.) 
 
-- Prescribed punishments limited to administrative penalties 
such as bans on future hiring, fines, and payments of 
back-wages to employees are not considered sufficient to meet 
this standard. 
 
¶E. Conduct a training program to educate and sensitize law 
enforcement officers, judges, prosecutors, and other 
government officials on the effective handling of trafficking 
cases.  Emphasize the protection of witnesses and victims. 
Such training should be human trafficking-specific. 
 
¶F.  Establish a permanent shelter for trafficking victims to 
the replace the low-capacity temporary shelter currently in 
use. 
 
End demarche/action plan. 
 
¶6. Post's continued assistance and efforts in the fight to 
eliminate trafficking in persons are greatly appreciated. 
CLINTON