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OO RUEHIK
DE RUEHC #2094/01 0090430
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O 090419Z JAN 10
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE
RUEHTRO/AMEMBASSY TRIPOLI IMMEDIATE 1862
RUEHRY/AMEMBASSY CONAKRY IMMEDIATE 2928

UNCLAS SECTION 01 OF 12 STATE 002094 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP ELAB KCRM KFRD KWMN PGOV PHUM PREF
SMIG, KMCA 
SUBJECT: PREPARING THE TENTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPORT 
 
REF:  (A) 2007 STATE 150188 (B) 2009 STATE 121328 
 
STATE 00002094  001.2 OF 012 
 
 
-------------------------- 
SUMMARY AND ACTION REQUEST 
-------------------------- 
 
¶1. (U) This is an action message for all posts. See 
paras 14-35. This cable describes the annual reporting 
requirement for Trafficking in Persons (TIP) and 
provides instructions for posts' contributions.  The 
Trafficking 
Victims Protection Act (TVPA) of 2000, as amended, 
requires the Department to submit this report to 
Congress by June 1st.  Post must submit responses to 
questions in paragraphs 25-35 by February 15, 2010. 
Please address responses to G/TIP, G-Laura Pena, and 
relevant regional bureau points of contact in EUR/PGI, 
WHA/PPC, AF/RSA, SCA/RA, EAP/RSP, or NEA/RA as listed in 
para 23.  Please answer each question individually, 
either including the original question or identifying 
responses with the corresponding number (letter) of the 
question in this cable.  Please include KTIP, ELAB, and 
KMCA in the tags line.  END SUMMARY 
 
¶2. (U) The TVPA (full text available at 
www.state.gov/g/tip) mandates that the Department report 
on the degree to which governments of those countries of 
origin, transit, or destination for victims of severe 
forms of trafficking comply with the law's minimum 
standards for the elimination of trafficking. For 
implementation guidelines interpreting the TVPA's 
minimum standards, please see Ref A.  Please note that 
the Report only reviews government actions to combat 
trafficking and does not consider activities by non- 
governmental organizations when determining tier 
rankings.  Similarly, although the 2010 Report will 
include references to and/or descriptions of 
"Partnerships," these partnerships will not be 
considered in determining the tier rankings, except in 
cases where a partnership contributes to the 
government's efforts to implement the TVPA's minimum 
standards.  The issues covered in this report include 
those covered in the sections on Trafficking in Persons, 
Forced Labor, and parts of the sections on Child Labor, 
Children, Women, and Internal Conflicts of the annual 
country reports on human rights practices. 
 
¶3. (U) Relevant information previously provided for the 
Human Rights Country Reports or the TIP Interim 
Assessment (for posts in "Special Watch List" countries) 
may be included in post's submission.  While information 
submitted for last year's report may be used -- 
particularly in detailing a country's laws covering TIP 
-- it is essential that post's response reflect any 
changes or updates since February 2009. 
 
¶4. (U) This report encompasses all forms of human 
trafficking, defined by the TVPA to mean the use of 
force, fraud, or coercion for the purpose of subjecting 
a person to forced labor and bonded labor, forced 
marriage, or other slave-like conditions.  The term 
"fraud" includes actions used to induce the victim's 
behavior.  In reporting on human trafficking, posts 
should also be aware that the TVPA definition of 
trafficking does not require that a person be moved from 
one place to another.  Trafficking may often occur, 
however, in tandem with the movement of a person across 
international borders or internally within a country. 
 
¶5. (U) Labor trafficking often involves work in the 
agricultural industry, work as domestic servants, or 
work in low-skilled jobs, such as the fishing, mining, 
construction, and textile industries, or in restaurants 
and markets.  Labor trafficking can involve persons who 
have migrated illegally or legally and consensually or 
voluntarily accepted legitimate offers of labor, but 
subsequently fall victim to conditions of involuntary 
servitude.  When contracts are not honored or are 
replaced with new contracts containing less favorable 
terms after workers arrive in a destination country, 
workers may become victims of trafficking if they are 
forced, defrauded, or coerced into continuing to provide 
their labor under these changed conditions.  These 
coercive conditions can also include the confiscation of 
passports upon arrival in the country or after the start 
 
STATE 00002094  002.2 OF 012 
 
 
¶6. (U) Smuggling vs. Trafficking: There is an important 
distinction between human trafficking and migrant 
smuggling.  Unlike migrant smuggling where the 
individual is free to go his or her own way upon 
reaching the destination, the purpose of human 
trafficking is exploitation, achieved through force, 
fraud, or coercion.  Posts should try to determine if 
host-country government statistics and information 
clearly distinguish between smuggling and human 
trafficking activity, and do not conflate these two 
crimes.  However, people can become victims of human 
trafficking even after they consent to being smuggled 
across an international border.  It is not determinative 
that a trafficked person initially consented to or was 
initially complicit with a smuggler in the smuggling 
activity.   Traffickers often deceive their victims 
about the true nature of promised employment or 
circumstances at the destination. 
 
¶7. (U) Children in Prostitution: Pursuant to the TVPA, 
the use of force, fraud, or coercion is irrelevant to 
children (those under 18 years of age) trafficked for 
sexual exploitation.  A child who is being prostituted 
by a third party is presumed to be a trafficking victim 
in accordance with the TVPA.  Thus, in contrast to cases 
of adult trafficking, proof of the trafficker's use of 
force, fraud, or coercion to obtain the child's consent 
to sex trafficking is not/not necessary.  (Note: Proof 
of force, fraud, or coercion is still required to 
demonstrate child labor trafficking.). 
 
¶8. (U) From 2001 through 2008, each annual TIP Report 
was required to include all countries of "origin, 
transit, or destination for A SIGNIFICANT NUMBER OF 
VICTIMS of severe forms of trafficking."  Since the TIP 
Report's creation, the Department has defined 
"significant number" in this context to be "on the order 
of 100 or more victims."  This includes victims from 
outside the host country who entered or transited the 
country, as well as victims trafficked from within their 
own countries.  The William Wilberforce Trafficking 
Victims Protection Reauthorization Act (TVPRA) of 2008 
deletes the phrase "a significant number of" from the 
language quoted above.  This change applied to the 2009 
TIP Report, and will continue to apply in the 2010 TIP 
Report and subsequent reports.  Essentially, any country 
for which credible reporting indicates two or more 
trafficking victims are trafficked into, from, through, 
or within, should be ranked in the TIP Report. 
 
¶9. (U) COUNTRIES RANKED TIER 2 WATCH LIST FOR TWO 
CONSECUTIVE YEARS TO BE DOWNGRADED TO TIER 3: The TVPRA 
of 2008 contains a provision requiring that a country 
included on Tier 2 Watch List for any two consecutive 
years after the date of enactment of the TVPRA of 2008 
be ranked as Tier 3 if it has not improved to Tier 2 or 
Tier 1 by the third year.  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 downgraded to Tier 3 in 
the 2011 Report).  The law allows for a Presidential 
waiver of this provision upon a determination that the 
country has developed a written plan to begin making 
significant efforts to bring itself into compliance with 
the minimum standards, that the plan, if implemented, 
would constitute making such significant efforts, and 
that the country is devoting sufficient resources to 
implement said plan.  Per the statutory provision, such 
a Presidential waiver can only be issued for two years. 
 
¶10. (U) Law Enforcement Data Collection: In accordance 
with the TVPA, a country will be presumed not to have 
vigorously investigated, prosecuted, convicted, and 
sentenced traffickers (TVPA Minimum Standard 4, 
criterion (b)(1)) if it does not provide data, 
consistent with the capacity of the country to obtain 
the data, on such law enforcement activity.  Similarly, 
a country with an identified TIP-related corruption 
problem will be presumed not to have vigorously 
investigated, prosecuted, convicted, and sentenced 
officials who participate in or facilitate trafficking 
if it does not provide data, consistent with the 
capacity of the country to obtain the data, on such law 
enforcement activity (TVPA Minimum Standard 4, criteria 
(b)(7)) (see para 13 for more guidance on anti- 
corruption efforts).  Provision of such data will be 
crucial in evaluating whether a country is in compliance 
 
STATE 00002094  003.2 OF 012 
 
 
¶11. (U) Please avoid reporting "trafficking-related" law 
enforcement efforts:  The Department does not accept 
"trafficking-related" (e.g. prostitution, child 
defilement/debauchery, and human smuggling offenses) law 
enforcement statistics for inclusion in the TIP Report. 
Instead, the Department requests data on 
"investigations, prosecutions, convictions, and 
sentences of trafficking crimes."  The Department will 
accept only law enforcement data that fall into one of 
two categories: (1) investigations, prosecutions, 
convictions, and sentences for offenses that are 
EXPLICTLY DEFINED AS TRAFFICKING; or (2) investigations, 
prosecutions, convictions, and sentences for offenses 
that are not defined explicitly as trafficking but for 
which the facts - as presented by the host government -- 
constitute a trafficking offense. Data on TIP cases 
needs to be disaggregated from data on other offenses, 
such as migrant smuggling. 
 
¶12. (U) Data on Law Enforcement Efforts Against TIP- 
Related Complicity/Corruption:  One of the ten criteria 
under the TVPA's Fourth Minimum Standard (section 
108(a)(4) of the TVPA) is the requirement that 
governments provide data on investigations, 
prosecutions, convictions, and sentences of "public 
officials who participate in or facilitate severe forms 
of trafficking."  The Department applies this criterion 
to countries in which there is reliable information 
indicating that a TIP-related corruption problem exists. 
The Department seeks data for investigations, 
prosecutions, convictions, and sentences of corrupt 
public officials that involve crimes RELATED TO TIP 
(including but not limited to the fraudulent issuance of 
visas or passports to smugglers involved in TIP; tip- 
offs given to trafficking rings of impending law 
enforcement action; bribes accepted by government 
officials to facilitate the movement of trafficked 
victims; and direct involvement in trafficking). 
 
--------------------------------------------- ----------- 
REVISIONS TO THE "MINIMUM STANDARDS FOR THE ELIMINATION 
OF TRAFFICKING IN PERSONS" 
--------------------------------------------- ----------- 
 
¶13. (U) The TVPA contains four "minimum standards" 
(Section 108(a)) for assessing foreign government anti- 
trafficking efforts and listed criteria that should be 
considered in evaluating a government's compliance with 
the fourth minimum standard of "serious and sustained 
efforts to eliminate severe forms of trafficking in 
persons."  The TVPRA of 2008 amends criteria (1), (2), 
and (3) of the fourth minimum standard and adds a new 
criterion (11), as follows (ADDITIONS APPEAR IN CAPITAL 
LETTERS; ONE DELETION - TO ITEM (3) -- IS NOTED 
PARENTHETICALLY): 
 
(1) Whether the government of the country vigorously 
investigates and prosecutes acts of severe forms of 
trafficking in persons, and convicts and sentences 
persons responsible for such acts, that take place 
wholly or partly within the territory of the country, 
INCLUDING, AS APPROPRIATE, REQUIRING INCARCERATION OF 
INDIVIDUALS CONVICTED OF SUCH ACTS.  FOR PURPOSES OF THE 
PRECEDING SENTENCE, SUSPENDED OR SIGNIFICANTLY-REDUCED 
SENTENCES FOR CONVICTIONS OF PRINCIPAL ACTORS IN CASES 
OF SEVERE FORMS OF TRAFFICKING IN PERSONS SHALL BE 
CONSIDERED, ON A CASE-BY-CASE BASIS, WHETHER TO BE 
CONSIDERED AS AN INDICATOR OF SERIOUS AND SUSTAINED 
EFFORTS TO ELIMINATE SEVERE FORMS OF TRAFFICKING IN 
PERSONS.  After reasonable requests from the Department 
of State for data regarding investigations, 
prosecutions, convictions, and sentences, a government 
which does not provide such data, consistent with the 
capacity of such government to obtain such data, shall 
be presumed not to have vigorously investigated, 
prosecuted, convicted or sentenced such acts. 
 
(2) Whether the government of the country protects 
victims of severe forms of trafficking in persons and 
encourages their assistance in the investigation and 
prosecution of such trafficking, including provisions 
for legal alternatives to their removal to countries in 
which they would face retribution or hardship, and 
ensures that victims are not inappropriately 
incarcerated, fined, or otherwise penalized solely for 
unlawful acts as a direct result of being trafficked, 
INCLUDING BY PROVIDING TRAINING TO LAW ENFORCEMENT AND 
IMMIGRATION OFFICIALS REGARDING THE IDENTIFICATION AND 
 
STATE 00002094  004.2 OF 012 
 
 
(3) Whether the government of the country has adopted 
measures to prevent severe forms of trafficking in 
persons, such as measures to inform and educate the 
public, including potential victims, about the causes 
and consequences of severe forms of trafficking in 
persons, (DELETED AND RELOCATED TO ITS OWN SECTION TO 
UNDERSCORE IMPORTANCE see para below: "measures to 
reduce the demand for commercial sex acts and for 
participation in international sex tourism by nationals 
of the country"), MEASURES TO ESTABLISH THE IDENTITY OF 
LOCAL POPULATIONS, INCLUDING BIRTH REGISTRATION, 
CITIZENSHIP, AND NATIONALITY, measures to ensure that 
its nationals who are deployed abroad as part of a 
peacekeeping or other similar mission do not engage in 
or facilitate severe forms of trafficking in persons or 
exploit victims of such trafficking, and measures to 
prevent the use of forced labor or child labor in 
violation of international standards. 
 
(11) WHETHER THE GOVERNMENT OF THE COUNTRY HAS MADE 
SERIOUS AND SUSTAINED EFFORTS TO REDUCE THE DEMAND FOR 
(A) COMMERCIAL SEX ACTS; AND (B) PARTICIPATION IN 
INTERNATIONAL SEX TOURISM BY NATIONALS OF THE COUNTRY. 
(NOTE:  THESE ITEMS HAD BEEN ADDED TO MININUM STANDARD 
4, SUBSECTION 3, PER THE TVPRA OF 2005.  END NOTE) 
 
------------------------------- 
GUIDELINES FOR POST SUBMISSIONS 
------------------------------- 
 
¶14. (U) ACTION FOR ALL ADDRESSEES:  Department requests 
all Posts provide their submissions slugged for G/TIP, 
G- Laura Pena, and relevant regional bureau offices, 
based on this guidance and checklist by February 15 so 
there is adequate time to review and assess host 
government's anti- trafficking efforts before the 
Congressionally-mandated deadline of June 1, 2010. 
Please use the KTIP, ELAB, and MCA tags in the tags 
line.  The questions in the list below (paragraphs 25- 
35) are not exhaustive and posts are encouraged to 
provide further detail or information.  Please address 
each major subheading and answer each question that is 
applicable.  If not applicable, please so indicate. 
 
¶15. (U) The TIP report will cover efforts by governments 
during the time period from mid-February 2009 to mid- 
February 2010.  However, if there is a major 
trafficking-related event or events in late February or 
later that warrants mention, post should send a 
supplemental response no later than April 15th and the 
new information will be included in the report. 
 
¶16. (U) Post reporting officers should seek information 
from all available sources, including, but not limited 
to:  government (including the Foreign, Interior, Labor, 
Justice, Tourism, and any other ministries that address 
trafficking, consular services, prosecutors, police, 
border guards, and immigration officers); NGOs 
(including charitable and religious organizations that 
work with trafficked victims), trade unions, hospitals 
and/or health centers; international organizations; 
media reports; research studies; and other Mission 
elements (other sections, consulates, other USG agencies 
represented at post, etc.).  (Note: In some cases NGOs 
may not want to be publicly identified for safety 
reasons.  In such cases, please provide the 
identification to the Department with a statement that 
it not be publicly disclosed. As a rule, information 
sources are not/not identified in the final report to 
safeguard sources.  End Note) 
 
¶17. (U) Posts are asked to provide information on all 
forms of exploitation that are induced by force, fraud, 
or coercion.  This includes, but is not limited to: sex 
trafficking, including forced prostitution of adults and 
minors placed by third parties in prostitution; and 
labor trafficking, including forced and bonded labor, 
the domestic servitude of adults and children,  forced 
marriage, and unlawfully conscripted child soldiers 
(please see paras 31 through 33 for the definition of 
child soldiers and additional reporting requirements 
relating to this topic). 
 
¶18. (U) As with previous years' reports, the Department 
will use information from NGOs, the press, and 
international organizations in addition to post 
reporting in compiling the report.  In addition, G/TIP 
is inviting NGOs and intergovernmental organizations to 
 
STATE 00002094  005.2 OF 012 
 
SUBJECT: PREPARING THE TENTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPO 
send information on trafficking directly to the office 
via mail or via a G/TIP e-mail address: 
tipreport@state.gov.  The office will use this 
information to supplement the information provided by 
posts.  The office will ensure that such information and 
its sources are shared with the relevant post in a 
timely manner, in part so that posts are able to comment 
on the reliability of the source and/or corroborate the 
information. 
 
¶19. (U) Active Voice, Past Tense, Precise Dates, and 
Sums of Money:  In reporting anti-TIP actions undertaken 
by governments between mid-February 2009 and mid- 
February 2010, please use the active voice and identify 
specifically the entity undertaking the action.  This is 
particularly important for activities that are 
potentially carried out by more than one party; e.g. 
victim protection activities.  Please use the past tense 
for all activities conducted by the government between 
mid-February 2009 and mid-February 2010, and include 
precise dates (month and year) of the activities.  If 
citing commitments of future action, use the future 
tense and include dates of projected completion, if 
available. As a general rule, the TIP Report will not 
include projected activities or commitments of future 
action as evidence of meeting the minimum standards. 
When citing the financial worth or funding amount for an 
activity, please provide its U.S. dollar equivalent. 
Government actions taken in partnership with non- 
governmental actors or international organizations may 
be credited if government support/participation is 
tangible and substantial; e.g., the government 
contribution of funds, dedicated personnel, land, 
buildings, or equipment. 
 
¶20. (U) Posts' reports should be classified "SBU." Posts 
may provide relevant information that is classified, for 
example on corruption, in separate classified cables. 
 
¶21. (U) As soon as each post submits its response, G/TIP 
will review the information and draft the country 
narratives.  G/TIP may query posts, including relevant 
regional POCs, for further clarification and additional 
information as necessary.  By the beginning of April 
2010, G/TIP plans to share with post draft country tier 
placements and supporting narratives.  G/TIP will then 
convene departmental meetings, in which the regional and 
functional bureaus participate, to review these draft 
country placements and reports.  Posts will have an 
opportunity to formally comment on their host country's 
placement and TIP report narratives through the regional 
bureaus' points of contact at these meetings. 
 
¶22. (U) Posts may address questions to G/TIP staff as 
follows: 
 
For Africa (East and Great Lakes) and Jordan, Lebanon, 
and Syria, contact Rachel Yousey, (202) 312-9861, 
YouseyRM@state.gov; 
 
For Africa (West and North Africa), contact Veronica 
Zeitlin, (202) 312-9673, ZeitlinVK@state.gov; 
 
For Southern Africa, contact Stephanie Kronenburg, (202) 
312-0677, KronenburgSA@state.gov; 
 
For Central Africa, contact Mark Taylor, (202) 312-9643, 
TaylorMB@state.gov; 
 
For the Central Asian Republics, countries covered by 
EUR/CARC, EUR/UMB, Russia, Estonia, Latvia, Lithuania, 
Romania, Bulgaria, Czech Republic, Hungary, and 
Slovenia, contact Megan Hall, (202) 312-9844, 
HallML@state.gov 
 
For European countries covered by EUR/SCE and France, 
Belgium, Austria, Luxembourg, U.K., Italy, Portugal, 
Spain, Turkey, Cyprus, Slovakia, Croatia and Albania, 
contact Jennifer Donnelly (202) 312-9655, 
DonnellyJS@state.gov; 
 
For European countries Switzerland, Germany, 
Netherlands, Ireland, Greece, Malta, Finland, Sweden, 
Norway, Denmark and Iceland contact Amy Rofman (202) 
312-9675, RofmanAJ@state.gov; 
 
For South Asia and the Middle East (except Jordan, 
Lebanon, and Syria), contact Sheela Ahluwalia, (202)312- 
9670, AhluwaliaS@state.gov. 
 
For WHA and the Caribbean (except Jamaica, Dominican 
 
STATE 00002094  006.2 OF 012 
 
SUBJECT: PREPARING THE TENTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPO 
Republic, Haiti, Cuba, Guyana, Suriname, Trinidad & 
Tobago, and the Netherlands Antilles), contact Stephanie 
Kronenburg (contact info above); 
 
For Jamaica, the Dominican Republic, Haiti, Cuba, 
Guyana, Suriname, and Trinidad and Tobago, contact Amy 
Rofman (contact info above); 
 
For Australia, New Zealand the Pacific, and Timor-Leste, 
contact Stephanie Kronenburg (contact info above); 
 
For Northeast and Southeast Asia (except Timor-Leste), 
contact Christine Chan-Downer, (202) 312-9844, 
ChanCW@state.gov. 
 
The regional bureau points of contact on TIP issues are: 
 
AF/RSA: Learned Dees, (202)647-5803, DeesLH@state.gov. 
 
EAP/RSP: Jason Vorderstrasse, (202)647-2031, 
VorderstrasseJG@state.gov 
 
EUR/PGI: Jody Buckneberg, (202) 647-7117, 
BucknebergJL@state.gov 
 
NEA/RA: Rina Chatterji, (202) 647-3691, 
ChatterjiR@state.gov 
 
SCA/RA: Jessica Mazzone, (202) 647-8080, 
MazzoneJR@state.gov 
 
WHA/PCC: Scott Miller, (202) 647-5333, 
MillerSA@state.gov 
 
¶23. (U) Please slug all submissions for G/TIP, G-Laura 
Pena, INL, DRL, PRM, and the relevant regional bureaus' 
offices (EUR/PGI, WHA/PPC, AF/RSA, SCA/RA, EAP/RSP, and 
NEA/RA).  Also, please include the following tags: 
KTIP, KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, 
and KMCA.  Additionally, please info USAID, Department 
of Justice, Department of Homeland Security, Department 
of Labor, and Department of Treasury.  Lastly, please 
info the appropriate post for any other country 
mentioned in your report. 
 
¶24. (U) In compiling the required information, Posts 
should designate a single point of contact on 
trafficking.  Please provide the name, telephone number, 
and fax number of this point of contact in your cable. 
Posts are also asked to quantify the number of hours 
spent per embassy officer and the ranks of those 
officers in the preparation of the TIP report cable. 
OMB requires the State Department to account for 
personnel time spent on this report. 
 
------------------- 
REPORTING QUESTIONS 
------------------- 
 
¶25. (U) THE COUNTRY'S TIP SITUATION: 
 
-- A. What is (are) the source(s) of available 
information on human trafficking?  What plans are in 
place (if any) to undertake further documentation of 
human trafficking?  How reliable are these sources? 
 
-- B. Is the country a country of origin, transit, 
and/or destination for men, women, or children subjected 
to conditions of commercial sexual exploitation, forced 
or bonded labor, or other slave-like conditions?  Are 
citizens or residents of the country subjected to such 
trafficking conditions within the country?  If so, does 
this internal trafficking occur in territory outside of 
the government's control (e.g. in a civil war 
situation)?  From where are people recruited or from 
where do they migrate prior to being subjected to these 
exploitative conditions?  To what other countries are 
people trafficked and for what purposes?  Provide, where 
possible, numbers or estimates for each group of 
trafficking victims.  Have there been any changes in the 
TIP situation since the last TIP Report (e.g. changes in 
destinations)? 
 
-- C. To what kind of conditions are the trafficking 
victims subjected? 
 
-- D. Vulnerability to TIP: Are certain groups of 
persons more at risk of human trafficking (e.g. women 
and children, boys versus girls, certain ethnic groups, 
refugees, IDPs, etc.)?  If so, please specify the type 
of exploitation for which these groups are most at risk 
 
STATE 00002094  007.2 OF 012 
 
 
-- E. Traffickers and Their Methods: Who are the 
traffickers/exploiters?  Are they independent business 
people?  Small or family-based crime groups?  Large 
international organized crime syndicates?  What methods 
are used to gain direct access to victims?  For example, 
are the traffickers recruiting victims through lucrative 
job offers?  Are victims sold by their families, or 
approached by friends of friends?  Are victims "self- 
presenting" (approaching the exploiter without the 
involvement of a recruiter or transporter)? If 
recruitment or transportation is involved, what methods 
are used to recruit or transport victims (e.g., are 
false documents being used)?  Are employment, travel, 
and tourism agencies or marriage brokers involved with 
or fronting for traffickers or crime groups to traffic 
individuals? 
 
¶26. (U) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP 
EFFORTS: 
 
-- A. Does the government acknowledge that human 
trafficking is a problem in the country?  If not, why 
not? 
 
-- B. Which government agencies are involved in efforts 
to combat sex and labor trafficking - including forced 
labor - and, which agency, if any, has the lead in these 
efforts? 
 
-- C. What are the limitations on the government's 
ability to address these problems in practice?  For 
example, is funding for police or other institutions 
inadequate?  Is overall corruption a problem?  Does the 
government lack the resources to aid victims? 
 
-- D. To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- 
prosecution, victim protection, and prevention) and 
periodically make available, publicly or privately and 
directly or through regional/international 
organizations, its assessments of these anti-trafficking 
efforts? 
 
-- E. What measures has the government taken to 
establish the identity of local populations, including 
birth registration, citizenship, and nationality? 
 
--F. To what extent is the government capable of 
gathering the data required for an in-depth assessment 
of law enforcement efforts?  Where are the gaps?  Are 
there any ways to work around these gaps? 
 
¶27. (U) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
For questions A-D, posts should highlight in particular 
whether or not the country has enacted any new 
legislation since the last TIP report. 
 
-- A. Existing Laws against TIP: Does the country have a 
law or laws specifically prohibiting trafficking in 
persons -- both sexual exploitation and labor?  If so, 
please specifically cite the name of the law(s) and its 
date of enactment and provide the exact language [actual 
copies preferable] of the TIP provisions.  Please 
provide a full inventory of trafficking laws, including 
non-criminal statutes that allow for civil penalties 
against alleged trafficking crimes (e.g., civil 
forfeiture laws and laws against illegal debt). Does the 
law(s) cover both internal and transnational forms of 
trafficking?  If not, under what other laws can 
traffickers be prosecuted?  For example, are there laws 
against slavery or the exploitation of prostitution by 
means of force, fraud, or coercion?  Are these other 
laws being used in trafficking cases? 
 
-- B. Punishment of Sex Trafficking Offenses: What are 
the prescribed and imposed penalties for the trafficking 
of persons for commercial sexual exploitation, including 
for the forced prostitution of adults and the 
prostitution of children? 
 
-- C. Punishment of Labor Trafficking Offenses:  What 
are the prescribed and imposed penalties for labor 
trafficking offenses, including all forms of forced 
labor?  If your country is a source country for labor 
migrants, do the government's laws provide for criminal 
punishment -- i.e. jail time -- for labor recruiters who 
engage in recruitment of workers using knowingly 
 
STATE 00002094  008.2 OF 012 
 
SUBJECT: PREPARING THE TENTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPO 
fraudulent or deceptive offers with the purpose of 
subjecting workers to compelled service in the 
destination country?  If your country is a destination 
for labor migrants (legal/regular or illegal/irregular), 
are there laws punishing employers or labor agents who 
confiscate workers' passports or travel documents for 
the purpose of labor trafficking, switch contracts 
without the worker's consent as a means to keep the 
worker in a state of compelled service, or withhold 
payment of salaries as means of keeping the worker in a 
state of compelled service? 
 
-- D. What are the prescribed penalties for rape or 
forcible sexual assault? (NOTE:  This is necessary to 
evaluate a foreign government's compliance with TVPA 
Minimum Standard 2, which reads: "For the knowing 
commission of any act of sex trafficking... the 
government of the country should prescribe punishment 
commensurate with that for grave crimes, such as 
forcible sexual assault (rape)."  END NOTE) 
 
-- E. Law Enforcement Statistics: Did the government 
take legal action against human trafficking offenders 
during the reporting period?  If so, provide numbers of 
investigations, prosecutions, convictions, and sentences 
imposed, including details on plea bargains and fines, 
if relevant and available.  Please note the number of 
convicted trafficking offenders who received suspended 
sentences and the number who received only a fine as 
punishment.  Please indicate which laws were used to 
investigate, prosecute, convict, and sentence 
traffickers.  Also, if possible, please disaggregate 
numbers of cases by type of TIP (labor vs. commercial 
sexual exploitation) and victims (children under 18 
years of age vs. adults).   What were the actual 
punishments imposed on convicted trafficking offenders? 
Are they serving the time sentenced?  If not, why not? 
 
-- F. Does the government provide any specialized 
training for law enforcement and immigration officials 
on identifying and treating victims of trafficking?  Or 
training on investigating and prosecuting human 
trafficking crimes?  Specify whether NGOs, international 
organizations, and/or the USG provide specialized 
training for host government officials. 
 
--G. Does the government cooperate with other 
governments in the investigation and prosecution of 
trafficking cases?  If possible, provide the number of 
cooperative international investigations on trafficking 
during the reporting period. 
 
-- H. Does the government extradite persons who are 
charged with trafficking in other countries?  If so, 
please provide the number of traffickers extradited 
during the reporting period, and the number of 
trafficking extraditions pending. In particular, please 
report on any pending or concluded extraditions of 
trafficking offenders to the United States. 
 
-- I. Is there evidence of government involvement in or 
tolerance of trafficking, on a local or institutional 
level?  If so, please explain in detail. 
 
-- J. If government officials are involved in human 
trafficking, what steps has the government taken to end 
such complicity?  Please indicate the number of 
government officials investigated and prosecuted for 
involvement in trafficking or trafficking-related 
criminal activities during the reporting period.  Have 
any been convicted?  What sentence(s) was imposed? 
Please specify if officials received suspended 
sentences, or were given a fine, fired, or reassigned to 
another position within the government as punishment. 
Please indicate the number of convicted officials that 
received suspended sentences or received only a fine as 
punishment. 
 
-- K. For countries that contribute troops to 
international peacekeeping efforts, please indicate 
whether the government vigorously investigated, 
prosecuted, convicted and sentenced nationals of the 
country deployed abroad as part of a peacekeeping or 
other similar mission who engaged in or facilitated 
severe forms of trafficking or who exploited victims of 
such trafficking. 
 
-- L. If the country has an identified problem of child 
sex tourists coming to the country, what are the 
countries of origin for sex tourists?  How many foreign 
pedophiles did the government prosecute or 
 
STATE 00002094  009.2 OF 012 
 
SUBJECT: PREPARING THE TENTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPO 
deport/extradite to their country of origin?  If your 
host country's nationals are perpetrators of child sex 
tourism, do the country's child sexual abuse laws have 
extraterritorial coverage (similar to the U.S. PROTECT 
Act) to allow the prosecution of suspected sex tourists 
for crimes committed abroad?  If so, how many of the 
country's nationals were prosecuted and/or convicted 
during the reporting period under the extraterritorial 
provision(s) for traveling to other countries to engage 
in child sex tourism? 
 
¶28. (U) PROTECTION AND ASSISTANCE TO VICTIMS: 
 
-- A.  What kind of protection is the government able 
under existing law to provide for victims and witnesses? 
Does it provide these protections in practice? 
 
-- B.  Does the country have victim care facilities 
(shelters or drop-in centers) which are accessible to 
trafficking victims?  Do foreign victims have the same 
access to care as domestic trafficking victims?  Where 
are child victims placed (e.g., in shelters, foster 
care, or juvenile justice detention centers)?  Does the 
country have specialized care for adults in addition to 
children?  Does the country have specialized care for 
male victims as well as female?   Does the country have 
specialized facilities dedicated to helping victims of 
trafficking?  Are these facilities operated by the 
government or by NGOs?  What is the funding source of 
these facilities?  Please estimate the amount the 
government spent (in U.S. dollar equivalent) on these 
specialized facilities dedicated to helping trafficking 
victims during the reporting period. 
 
-- C.  Does the government provide trafficking victims 
with access to legal, medical and psychological 
services?  If so, please specify the kind of assistance 
provided.  Does the government provide funding or other 
forms of support to foreign or domestic NGOs and/or 
international organizations for providing these services 
to trafficking victims?  Please explain and provide any 
funding amounts in U.S. dollar equivalent.  If 
assistance provided was in-kind, please specify exact 
assistance.  Please specify if funding for assistance 
comes from a federal budget or from regional or local 
governments. 
 
-- D. Does the government assist foreign trafficking 
victims, for example, by providing temporary to 
permanent residency status, or other relief from 
deportation?  If so, please explain. 
 
-- E. Does the government provide longer-term shelter or 
housing benefits to victims or other resources to aid 
the victims in rebuilding their lives? 
 
-- F. Does the government have a referral process to 
transfer victims detained, arrested or placed in 
protective custody by law enforcement authorities to 
institutions that provide short- or long-term care 
(either government or NGO-run)? 
 
-- G. What is the total number of trafficking victims 
identified during the reporting period?  (If available, 
please specify the type of exploitation of these victims 
- e.g. "The government identified X number of 
trafficking victims during the reporting period, Y or 
which were victims of trafficking for sexual 
exploitation and Z of which were victims of 
nonconsensual labor exploitation.)  Of these, how many 
victims were referred to care facilities for assistance 
by law enforcement authorities during the reporting 
period?  By social services officials?  What is the 
number of victims assisted by government-funded 
assistance programs and those not funded by the 
government during the reporting period? 
 
-- H. Do the government's law enforcement, immigration, 
and social services personnel have a formal system of 
proactively identifying victims of trafficking among 
high-risk persons with whom they come in contact (e.g., 
foreign persons arrested for prostitution or immigration 
violations)?  For countries with legalized prostitution, 
does the government have a mechanism for screening for 
trafficking victims among persons involved in the 
legal/regulated commercial sex trade? 
 
-- I. Are the rights of victims respected?  Are 
trafficking victims detained or jailed?   If so, for how 
long?  Are victims fined?  Are victims prosecuted for 
violations of other laws, such as those governing 
 
STATE 00002094  010.2 OF 012 
 
 
-- J. Does the government encourage victims to assist in 
the investigation and prosecution of trafficking?  How 
many victims assisted in the investigation and 
prosecution of traffickers during the reporting period? 
May victims file civil suits or seek legal action 
against traffickers?  Does anyone impede victim access 
to such legal redress?  If a victim is a material 
witness in a court case against a former employer, is 
the victim permitted to obtain other employment or to 
leave the country pending trial proceedings?  Are there 
means by which a victim may obtain restitution? 
 
-- K. Does the government provide any specialized 
training for government officials in identifying 
trafficking victims and in the provision of assistance 
to trafficked victims, including the special needs of 
trafficked children?  Does the government provide 
training on protections and assistance to its embassies 
and consulates in foreign countries that are destination 
or transit countries?   What is the number of 
trafficking victims assisted by the host country's 
embassies or consulates abroad during the reporting 
period?  Please explain the type of assistance provided 
(travel documents, referrals to assistance, payment for 
transportation home). 
 
-- L. Does the government provide assistance, such as 
medical aid, shelter, or financial help, to its 
nationals who are repatriated as victims of trafficking? 
 
-- M. Which international organizations or NGOs, if any, 
work with trafficking victims?  What type of services do 
they provide?  What sort of cooperation do they receive 
from local authorities? 
 
 
¶29. (U) PREVENTION: 
 
-- A. Did the government conduct anti-trafficking 
information or education campaigns during the reporting 
period?  If so, briefly describe the campaign(s), 
including their objectives and effectiveness.  Please 
provide the number of people reached by such awareness 
efforts, if available.  Do these campaigns target 
potential trafficking victims and/or the demand for 
trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor)?  (Note: This can be an 
especially noteworthy effort where prostitution is 
legal.  End Note.) 
 
-- B. Does the government monitor immigration and 
emigration patterns for evidence of trafficking? 
 
-- C. Is there a mechanism for coordination and 
communication between various agencies, internal, 
international, and multilateral on trafficking-related 
matters, such as a multi-agency working group or a task 
force? 
 
-- D. Does the government have a national plan of action 
to address trafficking in persons?  If the plan was 
developed during the reporting period, which agencies 
were involved in developing it?  Were NGOs consulted in 
the process?  What steps has the government taken to 
implement the action plan? 
 
-- E: Required of all Posts: What measures has the 
government taken during the reporting period to reduce 
the demand for commercial sex acts? (please see ref B, 
para. 9(3) for examples) 
 
-- F. Required of all Posts: What measures has the 
government taken during the reporting period to reduce 
the participation in international child sex tourism by 
nationals of the country? 
 
-- G. Required of posts in countries that have 
contributed over 100 troops to international 
peacekeeping efforts (Argentina, Australia, Austria, 
Bangladesh, Belgium, Benin, Bolivia, Brazil, Burkina 
Faso, Cameroon, Canada, Chile, China, Cote d'Ivoire, 
Croatia, Denmark, Egypt, El Salvador, Ethiopia, Fiji, 
Finland, France, Gambia, Germany, Ghana, Guatemala, 
India, Indonesia, Ireland, Italy, Jordan, Kenya, Korea 
(ROK), Malawi, Malaysia, Mongolia, Morocco,  Nepal, 
Niger, Nigeria, Norway, Pakistan, Peru, Philippines, 
Poland, Portugal, Russia, Rwanda, Senegal, Slovakia, 
South Africa, Spain, 
Sri Lanka, Tanzania, Togo, Tunisia, Turkey, Uganda, 
 
STATE 00002094  011.2 OF 012 
 
SUBJECT: PREPARING THE TENTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPO 
Ukraine, United Kingdom, Uruguay, Yemen, Zambia, and 
Zimbabwe): What measures has the government adopted to 
ensure that its nationals who are deployed abroad as 
part of a peacekeeping or other similar mission do not 
engage in or facilitate severe forms of trafficking or 
exploit victims of such trafficking?  If posts do not 
provide an answer to this question, the Department may 
consider including a statement in the country assessment 
to the effect that "An assessment regarding Country X's 
efforts to ensure that its troops deployed abroad for 
international peacekeeping missions do not engage in or 
facilitate trafficking or exploit trafficking victims 
was unavailable for this reporting period." 
 
¶30. (U) PARTNERSHIPS 
 
Secretary Clinton has identified a fourth "P", 
Partnerships, recognizing that governments' partnerships 
with other government and elements of civil society are 
key to effective anti-TIP strategies.  Although the 2010 
Report will include references and/or descriptions of 
these partnerships, they will not be considered in the 
determining the tier rankings, except in cases where a 
partnership contributes to the government's efforts to 
implement the TVPA's minimum standards. 
 
-- A.  Does the government engage with other 
governments, civil society, and/or multilateral 
organizations to focus attention and devote resources to 
addressing human trafficking?  If so, please provide 
details. 
 
-- B.  What sort of international assistance does the 
government provide to other countries to address TIP? 
 
--------------------------------------------- ---------- 
NEW REQUIREMENTS FOR THE CHILD SOLDIERS PREVENTION ACT 
--------------------------------------------- ---------- 
 
¶31. (U) Title IV of the TVPRA of 2008, the Child 
Soldiers Prevention Act of 2008 (CSPA), was signed into 
law on December 23, 2008 and, pursuant to its terms, 
became effective on June 21, 2009 (see reftel B).  The 
CSPA defines "child soldier" for the first time in U.S. 
law (see para 32) and contains the following provisions 
on sanctioned forms of military assistance. 
 
¶32. (U) Definition of "Child Soldier" under the Child 
Soldiers Prevention Act: Consistent with the provisions 
of the Optional Protocol to the Convention on the Rights 
of the Child, the term "child soldier" means (i) any 
person under 18 year of age who takes a direct part in 
hostilities as a member of governmental armed forces; 
(ii) any person under 18 years of age who has been 
compulsorily recruited into governmental armed forces; 
(iii) any person under 15 years of age who has been 
voluntarily recruited into governmental armed forces; or 
(iv) any person under 18 years of age who has been 
recruited or used in hostilities by armed forces 
distinct from the armed forces of a state; this includes 
any person described in clauses (ii), (iii), or (iv) who 
is serving in any capacity, including in a support role 
such as a cook, porter, messenger, medic, guard, or sex 
slave. 
 
¶33.  Required for posts in countries that have been the 
subject of allegations regarding unlawful child soldiering 
(by government forces, government-supported militias armed 
groups, or independent militias armed groups) in the TIP 
Report, the Human Rights Report, or both : Report if the 
following occurred: conscription or forced recruitment of 
persons under the age of 18 into governmental armed forces; 
voluntary recruitment of any person under 15 years of age 
into governmental armed forces; the extent to which any 
person under the age of 18 took a direct part in hostilities 
as a member of governmental armed forces; recruitment (forced 
or voluntary) of persons under the age of 18 by armed groups 
distinct from those of the governmental armed forces, 
including paramilitary forces, illegal paramilitary groups, 
guerrillas, or other armed groups.  Describe trends toward 
improvement of the above-mentioned practices, including steps 
and programs the government undertook or the continued or 
increased tolerance of such practices, including the role of 
the government in engaging in or tolerating such practices. 
Report abuse of children recruited by armed forces or the 
armed groups noted above (e.g., sexual abuse or use for 
forced labor). Describe the manner and age of conscription. 
In discussing activities of armed groups distinct from those 
of governmental armed forces, explain the position of the 
government towards the armed group (opposition, tolerance, 
support, etc.) in detail. 
 
STATE 00002094  012.2 OF 012 
 
NOMINATION OF HEROES AND BEST PRACTICES 
--------------------------------------- 
 
¶34. (U) HEROES:  The introductions to the past five TIP 
Reports have included sections honoring Anti-Trafficking 
"Heroes".  These individuals or representatives of 
organizations or governments demonstrate an exceptional 
commitment to fighting TIP above and beyond the scope of 
their assigned work.  The Department encourages post to 
nominate one or more such individuals for inclusion in a 
similar section of the 2010 Report.  Please submit, 
under a subheading of "TIP Hero(es)," a brief 
description of the individual or organization's work, 
and note that the appropriate individual(s) has been 
vetted through databases available to post (e.g. CLASS 
and any law enforcement systems) to ensure they have no 
visa ineligibilities or other derogatory information. 
 
¶35. (U) COMMENDABLE INITIATIVES:  For the past six years 
the Report has carried a section on "International 
Commendable Initiatives" in addressing TIP.  This 
section highlights particular initiatives used by 
governments or NGOs in addressing the various challenges 
of TIP and serves as a useful guide to foreign 
governments and posts as they design anti-TIP projects 
and strategies.  The Department encourages post to 
nominate local anti-TIP initiatives from their host 
countries for showcasing in the 2010 Report.  Please 
submit, under a "Commendable Initiative" subheading, a 
brief summary of the activity or practice, along with 
the positive effect it has had in addressing TIP. 
 
¶36. (U) Department greatly appreciates posts' time and 
assistance in collecting and reporting data for the 2010 
TIP Report, particularly in light of the late 
transmission of this cable, as well as your ongoing 
efforts to advance USG anti-TIP objectives. 
 
¶37. (U) Minimize considered. 
CLINTON