Page:United States Statutes at Large Volume 114 Part 2.djvu/748

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114 STAT, 1484 PUBLIC LAW 106-386—OCT. 28, 2000 President. President. 22 USC 7108. provided in paragraph (1). Such determination shall be accompanied by a description of the specific restriction or restrictions that were the basis for making such determination. (3) SUBSEQUENT COMPLIANCE.—The Secretary of State has determined that the government of the country has come into compliance with the minimum standards or is making signifi- C£mt efforts to bring itself into compliance, (4) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST.— Notwithstanding the failure of the government of the coxintry to comply with minimum standards for the elimination of trafficking and to make significant efforts to bring itself into compliance, the President has determined that the provision to the country of nonhumanitarian, nontrade-related foreign assistance, or the multilateral assistance described in paragraph (1)(B), or both, would promote the purposes of this division or is otherwise in the national interest of the United States. (5) EXERCISE OF WAIVER AUTHORITY. — (A) IN GENERAL.— The President may exercise the authority under paragraph (4) with respect to— (i) all nonhumanitarian, nontrade-related foreign assistance to a country; (ii) all multilateral assistance described in paragraph (1)(B) to a country; or (iii) one or more programs, projects, or activities of such assistance. (B) AVOIDANCE OF SIGNIFICANT ADVERSE EFFECTS. — The President shall exercise the authority under paragraph (4) when necessary to avoid significant adverse effects on vulnerable populations, including women and children. (6) DEFINITION OF MULTILATERAL DEVELOPMENT BANK.— In this subsection, the term "multilateral development bank" refers to any of the following institutions: the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. (e) CERTIFICATION. —Together with any notification xmder subsection (c), the President shall provide a certification by the Secretary of State that, with respect to any assistance described in clause (ii), (iii), or (v) of section 103(7)(A), or with respect to any assistance described in section 103(7)(B), no assistance is intended to be received or used by any agency or official who has participated in, facilitated, or condoned a severe form of trafficking in persons. SEC. 111. ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS. (a) AUTHORITY To SANCTION SIGNIFICANT TRAFFICKERS IN PER- SONS. (1) IN GENERAL.— The President may exercise the authorities set forth in section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701) without regard to section 202 of that Act (50 U.S.C. 1701) in the case of any of the following persons: