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PP RUEHLN RUEHVK RUEHYG
DE RUEHC #7951/01 2642216
ZNR UUUUU ZZH
P 212156Z SEP 09
FM SECSTATE WASHDC
TO RUEHMO/AMEMBASSY MOSCOW PRIORITY 3941
INFO RUEHLN/AMCONSUL ST PETERSBURG PRIORITY 3621
RUEHVK/AMCONSUL VLADIVOSTOK PRIORITY 1840
RUEHYG/AMCONSUL YEKATERINBURG PRIORITY 1789

UNCLAS SECTION 01 OF 04 STATE 097951 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KCRM KWMN PHUM PREL SMIG KTIP RS
SUBJECT: RUSSIA: TIP TIER 2 WATCH LIST ACTION PLAN 
(2009-2010) 
 
REF: A. 2008 STATE 132759 
     ¶B. 2007 STATE 150188 
     ¶C. 2009 STATE 005577 
     ¶D. 2009 STATE 62182 
 
¶1.  This is an action request (see paras 2-4). 
 
¶2.  Begin action request:  Drawing from points in para 8, 
Post is requested to approach appropriate host government 
officials to highlight the United States' strong commitment 
to continue to work with the Government of Russia to help 
strengthen its efforts to combat and prevent trafficking in 
persons (TIP) and to assist victims.  Post is requested to 
convey the recommendations in para 9 as a non-paper and draw 
from the talking points in para 8 to explain to the host 
government the need for prompt action on the first set of 
recommendations for a positive review in the interim 
assessment that the Department will release to Congress by 
February 2010 and for movement out of the Tier 2 Watch List 
in next year's Report.  Additional recommendations are also 
included in para 9 to aid the host government in making 
progress in its overall anti-TIP efforts.  The notes 
indicated in brackets in the action plan are for post,s 
background only and may be omitted from the non-paper.  The 
&Implementation Guidelines8 referenced in the action plan 
notes are contained in reftel B.  These guidelines provide 
guidance to posts on how the Minimum Standards of the 
Trafficking Victims Protection Act, as amended, (TVPA) are 
implemented, and have been cleared by regional bureaus. 
 
¶3.  Action request continued:  Post is further requested to 
emphasize to the Government of Russia that the first set of 
recommendations is designed to help remedy the specific 
shortcomings identified in the 2009 TIP Report that resulted 
in the placement of Russia on the Tier 2 Watch List.  These 
recommendations are often referred to as "high-priority" 
items for Tier 2 Watch List removal. However, sustained and 
significant anti-trafficking efforts by the government 
throughout the year will remain the basis for determining 
next year's tier placement.  The interim assessment for 
Special Watch List countries (to include Tier 2 Watch List 
countries) will provide a progress report regarding the 
government's actions to address the short list 
recommendations designed to address the concerns that 
resulted in the country's placement on the Tier 2 Watch List 
in the 2009 TIP Report (high-priority items), but there will 
be no changes in tier ratings at that time.  We will 
reconsider the government's tier placement when we conduct 
our annual full assessment for the March 2009-2010 reporting 
period next spring. 
 
¶4.  Action request continued:  The Department recognizes that 
Post may choose to use this opportunity to provide additional 
recommendations, beyond the recommendations for moving out of 
the Tier 2 Watch List.  In such a case, we request that Post 
make clear to the government which are the "high-priority" 
items to move off of the Tier 2 Watch List.  The non-paper in 
para 9 includes both "high-priority" recommendations for Tier 
2 Watch List removal and further-reaching goals for 
longer-term success in combating trafficking in persons in 
all 3 P areas: Prosecution, Protection, and Prevention.  (For 
posts, background information:  G/TIP will be asking for 
posts to report on the country's progress in meeting these 
recommendations by no later than November 15, 2009, in order 
to compile narratives for the interim assessment.) 
 
¶5.  In preparation for the interim assessment and 2010 TIP 
Report, the Department is asking posts to work with host 
governments throughout the year to collect as many statistics 
as possible on law enforcement actions and judicial 
proceedings related to TIP crimes.  Specifically the 
Department requests data on investigations, prosecutions, 
convictions, and sentences (e.g., fines, probation, length of 
prison sentences imposed, asset seizure information when 
available).  Whether a government collects and provides this 
data consistent with the government's capacity to obtain such 
data is considered in determining whether the government 
qualifies for Tier 1.  Law enforcement statistics, when 
available, are a good way of highlighting how well a 
government enforced its law and demonstrates strengths and 
weaknesses in various approaches.  Please note that posts 
must interpret data terms provided by host governments such 
as indictments, charges, cases disposed, cases submitted for 
prosecution, etc., to ensure that they fit into one of the 
 
STATE 00097951  002 OF 004 
 
 
following categories:  investigations, prosecutions, 
convictions or sentences. 
 
The Department cannot accept "trafficking-related" law 
enforcement statistics (e.g. statistics on prostitution or 
smuggling offenses) because their direct correlation to 
trafficking crimes is not clear.  The Department will accept 
only law enforcement data that fall into the following 
categories: (1) investigations, prosecutions, convictions, 
and sentences for offenses that are explicitly defined as 
trafficking; and (2) investigations, prosecutions, 
convictions, and sentences for offenses that are not defined 
explicitly as trafficking but in which the competent law 
enforcement or judicial authority has specific evidence 
indicating that the defendant was involved in trafficking. 
 
¶6.  The Department is also asking Posts to engage with host 
governments on efforts to address amendments made by the 2008 
Trafficking Victims Protection Reauthorization Act (TVPRA). 
As indicated in reftel C, 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. 
 
¶7.  Please keep in mind the TIP Report measures host 
government efforts.  In order for anti-trafficking activities 
financed or conducted principally by parties outside the 
government to be considered for tier placement purposes, Post 
needs to demonstrate a concrete role or tangible value-added 
by a host government in such activities carried out by NGOs, 
international organizations, or posts. 
 
¶8. (U) Background Points: 
 
Begin talking points: 
 
-- The Obama Administration views the fight against human 
trafficking, both at home and abroad, as a critical piece of 
our foreign policy agenda.  We are committed to making 
progress on this issue in the months ahead by working closely 
with partners in every country. 
 
-- The U.S. Government's Trafficking Victims Protection Act 
requires the State Department to submit an annual report to 
Congress on the status of foreign governments, efforts to 
combat trafficking in persons.  Pursuant to the Trafficking 
Victims Protection Reauthorization Act of 2003 (TVPRA), the 
Department created a special category for Tier 2 countries 
that do not show increasing efforts from the previous year, 
have a significant number of victims, or whose Tier 2 rating 
is based on commitments to take additional steps over the 
next year. 
 
-- Also as mandated by the TVPRA, by February 2010 the 
Department will submit to Congress an interim assessment.  At 
the end of 2009 in preparation for that submission, the 
Department will conduct an assessment of Tier 2 Watch List 
countries' progress in responding to the specific issues of 
concern that resulted in the Tier 2 Watch List rating. 
 
-- Russia was placed on Tier 2 Watch List in this year's 
report because of a lack of evidence the Russian government 
increased efforts to combat severe forms of trafficking in 
persons in the last year. 
 
-- We are leaving with you a non-paper which outlines 
recommended actions the Russian government can take to 
address specific issues highlighted in the 2009 Trafficking 
in Persons Report published by the Department of State.  We 
believe these recommendations are actionable and by paying 
prompt attention to them, may result in a positive interim 
assessment.  New tier evaluations will not occur at the 
interim assessment; however, we will reconsider tier 
placements when we conduct our annual full assessment for the 
2009-2010 reporting period next spring.  Prompt, appropriate, 
and significant actions will lead to a more favorable tier 
placement; conversely, failure to address the issues 
mentioned above may lead to a Tier 3 placement. 
 
 
STATE 00097951  003 OF 004 
 
 
-- We want to work together and welcome the Government of 
Russia,s comments on these recommendations and any other 
ideas you might have to advance our common struggle against 
trafficking in persons.  We are also interested in your 
government,s ideas of how we can strengthen cooperation on 
this front and exchange best practices. 
 
-- In addition to current efforts by the Russian Federation 
to combat trafficking in persons, we leave you with this 
non-paper which addresses further steps to combat trafficking 
in persons. 
 
End talking points. 
 
¶9.  (SBU) Begin Action Plan: 
 
¶A.    Action Plan for the Short-Term: The following are 
recommended measures for a positive interim assessment in 
January 2010 and in the broader assessment of government 
efforts during the reporting period: 
 
 
--Increase funding to anti-trafficking NGOs that provide 
victim assistance and rehabilitative care. 
 
--Increase the number of investigations, prosecutions, and 
convictions for trafficking offenses, particularly government 
officials complicit in trafficking and ensure convicted 
traffickers and complicit officials are sentenced to some 
time in prison.  Provide updated information on the status of 
government complicity cases initiated in 2007 and 2008. 
 
--Create a central repository for investigation, prosecution, 
conviction, and sentencing data for trafficking cases 
demonstrating the government,s increasing effort to 
vigorously investigate and prosecute, and convict and 
sentence traffickers; for all investigations, prosecutions, 
and convictions conducted under Article 127 of the criminal 
code, as amended in 2008, disaggregate cases involving force, 
fraud, or coercion from cases not involving force, fraud, or 
coercion. 
 
--Increase efforts to investigate, prosecute, convict, and 
punish labor trafficking offenses. 
 
--Develop a comprehensive national strategy that addresses 
all forms of trafficking and provides comprehensive victim 
assistance throughout Russia, establish an official federal 
coordinating body with the authority to implement the 
national strategy, and provide funding to implement this 
national strategy.  Designate trafficking-specific 
responsibilities to relevant government ministries on the 
national and regional levels. 
 
¶B.  Other areas the government should consider for action to 
boost its overall anti-trafficking efforts: 
 
Prosecution: 
 
--Use asset forfeiture legislation adopted in 2006 to divest 
human traffickers of their assets derived from, and used to, 
facilitate human trafficking. 
 
--Continue efforts to investigate, prosecute, and convict 
military officials involved in the unlawful forced labor of 
young conscripts.  Ensure military officials convicted of 
forced labor are sentenced to time in prison, where 
appropriate. 
 
--Provide necessary funding to assist local law enforcement 
to fully implement and adhere to the witness protection 
legislation passed in 2005. 
 
Protection: 
 
--Continue to train law enforcement officials in victim 
identification and sensitivity training.  Training should 
address the safe treatment of trafficking victims and the 
need for after-care and rehabilitative services. 
 
--Consider allocating funding to the Ministry of Foreign 
Affairs,s budget specifically to assist in the repatriation 
of Russian victims.  Track and report the number of Russian 
victims repatriated and assisted by the government. 
 
--Consider passing regulations that permit assets seized from 
convicted traffickers to be allocated to programs that assist 
and protect victims of trafficking. 
 
 
STATE 00097951  004 OF 004 
 
 
--Increase the use of the witness protection program, where 
appropriate, to shelter and protect qualifying Russian and 
foreign victims and track the number of trafficking victims 
this program assists during the reporting period (April 2009 
through March 2010).  Police should work with NGOs where 
appropriate to ensure that victims in the witness protection 
program receive appropriate care and assistance. 
 
Prevention: 
 
--Continue efforts to raise public awareness of both sex and 
labor trafficking. 
 
--Work with NGOs to conduct targeted public awareness 
campaigns directed at potential victims, particularly 
regarding recruitment scams inherent in employment and 
marriage ads in Russia.  Public awareness campaigns should 
articulate that victims are not at fault when they are 
trafficked and that victims should seek assistance. 
 
--Include anti-trafficking elements in corruption training 
for police and other law enforcement personnel, including 
lower and higher level ranked officers. 
 
--Include anti-trafficking training within existing military 
reform and training programs for military officers to reduce 
instances of Russian conscripts becoming victims of forced 
labor. 
 
--Continue to take steps to prevent the use of forced labor 
in construction projects for the 2014 Winter Olympics. 
 
End non-paper. 
 
¶10.    The Department thanks post for its continued efforts 
to address trafficking in persons issues. 
CLINTON