VZCZCXYZ0004
PP RUEHWEB

DE RUEHC #1880 1911736
ZNR UUUUU ZZH
P 101721Z JUL 09
FM SECSTATE WASHDC
TO RUEHJI/AMCONSUL JEDDAH PRIORITY 0000
INFO RUEHRH/AMEMBASSY RIYADH PRIORITY 0000

UNCLAS STATE 071880 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELAB KCRM KWMN PHUM PREL SMIG SA
SUBJECT: SAUDI ARABIA -- 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 Saudi Arabia 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 Saudi Arabia has been 
found to meet the criteria for Tier 2 Watch List. If the 
Government of Saudi Arabia were reassessed to Tier 2 Watch 
List, it would no longer be subject to sanctions. If the 
steps below are not completed, and Saudi Arabia 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: Saudi Arabia 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 Saudi Arabia 
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 Saudi Arabia 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 Saudi Arabia and foreign country missions most 
directly affected by trafficking to promote improvements in 
combating trafficking in persons.  Based on actions taken by 
Saudi Arabia within 60 days of the Report's release, Saudi 
Arabia 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. Significantly increase the number of criminal prosecutions 
of cases involving the forced or coerced exploitation of 
migrant workers by Saudi employers.  (Note to Post: In the 
event that the government is unable to arrive at an 
appropriate benchmark, G/TIP suggests that &significant8 
means on the order of ten or more.  End note) 
 
-- Persons convicted should receive criminal penalties, 
including prison sentences sufficiently stringent to deter 
future crimes and adequately reflective of the nature of the 
crime. (Note to Post:  Typical international standards 
prescribe at least four years, imprisonment as a maximum 
penalty. Punishments limited to administrative penalties such 
as bans on future hiring, fines, and payment of back-wages to 
victims are not considered sufficient. End Note) 
 
¶B.  Take concrete steps to develop and implement a formal 
protocol to systematically identify all types of trafficking 
victims. 
 
-- Concrete steps would include, at a minimum, articulating a 
policy establishing screening for victims, and training law 
enforcement and social services personnel in victim 
identification methods or assigning already trained personnel 
to high-risk areas. 
 
-- Minimum sufficient victim identification procedures would 
include the use of social workers or other professionals 
trained specifically in victim identification to interview 
those in vulnerable groups for evidence of trafficking. 
Victims should not be expected to take the initiative in 
identifying themselves given their possible shame, fear of 
retribution from their traffickers, or fear of punishment by 
the government -- thus the need for trained personnel to 
interview potential victims. 
 
-- Active measures for victim identification are particularly 
necessary among groups vulnerable to trafficking, including 
foreigners being held for deportation and women arrested for 
prostitution, and are 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, deported, or otherwise penalized for unlawful 
acts committed as a result of being trafficked.  Offer all 
identified victims accommodation in government shelters or 
refer them to organizations providing assistance. 
 
¶C. Draft and take steps to enact a comprehensive 
anti-trafficking law prohibiting severe forms of trafficking, 
including any type of involuntary servitude. 
 
-- Prescribed penalties under this law should be sufficiently 
stringent to deter and should adequately reflect the serious 
nature of the crime.  (Note to Post: Typical international 
standards prescribe at least four years, imprisonment as a 
maximum penalty. End Note) 
 
-- 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. 
 
-- Ensure that penalties for trafficking offenses involving 
forced labor or sexual servitude are commensurate with those 
for other grave crimes.  (Note to Post: Commensurate 
penalties are generally within one to two years, 
imprisonment of each other.) 
 
¶D. Ensure that trafficking victims are not detained or 
punished for acts committed as a result of being trafficked, 
such as violations of immigration regulations. 
 
¶E. Continue to conduct a broad public awareness campaign to 
inform employers of the rights of foreign workers, emphasize 
obligations toward foreign domestic workers and other 
laborers, and highlight the consequences of abusing such 
workers. 
 
¶F. Take steps to reform or eliminate the current labor 
sponsorship system in a way to ensure that all workers, 
especially domestic workers, are paid in full and on-time in 
their contractually-obligated wages, and are provided 
access*without risk of punishment or summary deportation to 
credible legal remedies for complaints of forced labor. 
 
¶G. Take steps to ensure the freedom of movement of all 
laborers, including their right to return home at any time, 
by allowing workers to retain their passports and by removing 
stipulations requiring exit visa and employer permission for 
a worker to exit the kingdom. 
 
End demarche/action plan. 
 
¶6. Post's continued assistance and efforts in the fight to 
eliminate trafficking in persons are greatly appreciated. 
CLINTON