Released by the Office to Monitor and Combat Trafficking in Persons
March 12, 2003

Article I

Definitions

§100 “Trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt of a person by means of the threat or use of force or other means of coercion, or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.1

§101 “Child” shall mean any person under eighteen years of age.2

§102 “Exploitation” shall mean3:

keeping a person in a state of slavery;
subjecting a person to practices similar to slavery;
compelling or causing a person to provide forced labor or services;
keeping a person in a state of servitude, including sexual servitude;
exploitation of the prostitution of another;
engaging in any other form of commercial sexual exploitation, including but not limited to pimping, pandering, procuring, profiting from prostitution, maintaining a brothel, child pornography;
illicit removal of human organs.
§103 “Slavery” shall mean the status or condition of a person over whom any or all the powers attaching to the right of ownership are exercised.

§104 “Practices similar to slavery” are defined in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery4 and include, in general, debt bondage, serfdom, forced or servile marriages and delivery of children for exploitation.5

§105 “Forced labor” shall mean labor or services obtained or maintained through force, threat of force, or other means of coercion or physical restraint.

§106 “Servitude” shall mean a condition of dependency in which the labor or services of a person are provided or obtained by threats of serious harm to that person or another person, or through any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm.

§107 “Illicit removal of organs” refers to the unlawful conduct, and not to legitimate medical procedures for which proper consent has been obtained.

§108 “Abuse of a position of vulnerability” shall mean such abuse that the person believes he or she has no reasonable alternative but to submit to the labor or service demanded of the person, and includes but is not limited to taking advantage of the vulnerabilities resulting from the person having entered the country illegally or without proper documentation, pregnancy, any physical or mental disease or disability of the person, including addiction to the use of any substance,6 or reduced capacity to form judgments by virtue of being a child.

§109 Coercion shall include violent as well as some forms of non-violent or psychological coercion, including:

threats of serious harm to or physical restraint against any person;
any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any persons;
or the abuse or threatened abuse of the legal process.
§110 Debt bondage shall mean the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

§111 Terms not defined in this Article shall be interpreted consistent with their use elsewhere in domestic law.

Article II

Criminal Offenses and Related Provisions
§200 Trafficking in Persons7

Whoever engages in [or conspires to engage in, or attempts to engage in, or assists another person to engage in or organizes or directs other persons to engage in]8 “trafficking in persons” as defined in Section 100 shall

be sentenced to any term of years or life imprisonment,9
be subject to forfeiture of property under Section 206, and
be ordered to pay full restitution to the trafficked person or persons under Section 205.10

The recruitment, transportation, transfer, harboring, or receipt of any child, or the giving of payments or benefits to obtain the consent of a person having control of a child, for the purpose of exploitation shall constitute trafficking in persons irrespective of whether any of the means described in Section 100 have been established.11
§201 Unlawful Withholding of Identification Papers12

Any person who, acting or purporting to act as another person’s employer, manager, supervisor, contractor, employment agent, or solicitor of clients [such as a pimp], knowingly procures,13 destroys, conceals, removes, confiscates, or possesses any passport, immigration document, or other government identification document, whether actual or purported, belonging to another person shall be fined under this title and imprisoned not more than five years.14
§202 Transporting a Person for the Purpose of Exploiting Such Person’s Prostitution15

Whoever knowingly transports [or conspires to transport, or attempts to transport or assists another person engaged in transporting] any person across an international border for the purpose of exploiting that person’s prostitution,16 shall be punished in accordance with (b).17

Persons convicted of the crime of transporting a person for the purpose of that person’s prostitution shall be imprisoned not more than ten years, but the presence of any one of the following aggravating factors can permit a longer sentence up to a maximum of 20 years:

transporting two or more persons at the same time;
permanent or life-threatening bodily injury to a person transported;
transportation of one or more children; or
transporting as part of the activity of an organized criminal group.

§203 Restitution18

Where a defendant is convicted of trafficking in persons under Section 200, the court shall order the defendant to pay restitution to the victim.

Restitution shall compensate the victim for:

costs of medical and psychological treatment;
costs of physical and occupational therapy and rehabilitation;
costs of necessary transportation, temporary housing, and child care;
lost income;
attorney’s fees and other costs such as victim advocate fees;
the greater of the (a) gross income or value to the defendant of the victim’s services or labor or (b) the value of the victim’s services as guaranteed under [insert reference to appropriate labor standards laws];
compensation for emotional distress, pain, and suffering; and
any other losses suffered by the victim.

Restitution shall be paid to the victim promptly upon the conviction of the defendant, with the proceeds from property forfeited under Section 204 applied first to payment of restitution. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not prejudice the victim’s right to receive restitution.
§204 Forfeiture

All property, including but not limited to money, valuables, real property and vehicles, of persons convicted of the crime of trafficking in persons under Section 200 that was used or intended to be used, or was obtained in the course of the crime, or benefits gained from the proceeds of the crime, shall be forfeited to the State.19 [Overseas assets of persons convicted of trafficking in persons shall also be subject to forfeiture to the extent they can be retrieved by government.]

§205 Sentencing Guidelines

As factually appropriate, the following adjustments to the minimum sentence, or enhancements to the sentence of a person convicted of the crime of trafficking in persons shall apply20:

if the convicted person used, threatened use, or caused another to use or threaten use of a dangerous weapon, 2 years shall be added to the minimum sentence;

if a trafficked person suffers a serious bodily injury, or if the convicted person commits a sexual assault against a trafficked person, 5 years shall be added to the minimum sentence;

if the trafficked person has not attained the age of 18 years, 5 years shall be added to the minimum sentence;

if, in the course of trafficking or subsequent exploitation, the convicted person recklessly caused a trafficked person to be exposed to a life threatening illness, or if the convicted person intentionally caused a trafficked person to become addicted to any drug or medication, 5 years shall be added to the minimum sentence;

if a trafficked person suffers a permanent or life threatening injury, 10 years shall be added to the minimum sentence;

if a trafficked person dies as a result of the trafficking, the sentence shall be between 20 years and life imprisonment;

if the trafficking was part of the activity of an organized criminal group [as defined at (insert reference to law defining “organized criminal group” in accordance with the UN Convention on Transnational Organized Crime)], 3 years shall be added to the minimum sentence; or

if the trafficking was part of the activity of an organized criminal group [as defined at (insert reference to law defining “organized criminal group” in accordance with the UN Convention on Transnational Organized Crime)], and the convicted person organized the group or directed its activities, 5 years shall be added to the minimum sentence.21

if the trafficking occurred as the result of abuse of power or position of authority, including but not limited to a parent or guardian, teacher, children’s club leader, or any other person who has been entrusted with the care or supervision of the child, {3} or {5} years shall be added to the minimum sentence.

Definitions– For the purposes of this section:

“Dangerous weapon” shall mean (i) an instrument capable of inflicting death or serious bodily injury; or (ii) an object that is not an instrument capable of inflicting death or serious bodily injury but (I) closely resembles such an instrument; or (II) is used in such a way that it creates the impression that the object is an instrument capable of inflicting death or serious bodily injury.

“Serious bodily injury” shall mean injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.

“Sexual assault” shall mean causing another to engage in a sexual act by using force against that person, threatening or placing that person in fear that any person will be subjected to death, serious bodily injury, or kidnaping, and engaging in a sexual act with an incapacitated person, or a person who cannot express consent or with a minor that constitutes statutory rape under domestic law.

“Permanent or life-threatening bodily injury” shall mean injury involving a substantial risk of death; loss or substantial impairment of the function of a bodily member, organ or mental faculty that is likely to be permanent; or an obvious disfigurement that is likely to be permanent. Maltreatment to a life-threatening degree, such as by denial of food or medical care that results in substantial impairment of function, constitutes life-threatening bodily injury.

“Life-threatening illness” shall mean any illness [whether treated or untreated] that involves a substantial risk of death, and includes at a minimum HIV infection and tuberculosis.

[“Organized criminal group” shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more offenses established under this section in order to obtain, directly or indirectly, a financial or other material benefit.22]
§206 Consent or Past Sexual Behavior History of Victim is Irrelevant23

In a prosecution for trafficking in persons under Section 200, the alleged consent of a person to the intended or realized exploitation is irrelevant once any of the means or circumstances set forth in Section 100 is established.24

In a prosecution for trafficking in persons under Section 200, evidence of a victim’s past sexual behavior is irrelevant and inadmissible for the purpose of proving that the victim engaged in other sexual behavior, or to prove the victim’s sexual predisposition.25
§207 Legal Age of Consent to Sex Not a Defense in Trafficking

Age of consent to sex, legal age of marriage, or other discretionary age shall not be used as a defense to trafficking.

§208 Victim Immunity [Exemption] from Prosecution26

A victim of trafficking is not criminally liable for any migration-related offense, prostitution, [insert other crimes and references as appropriate], or any other criminal offense that was a direct result from being trafficked.
§209 Extradition

Countries should extradite persons charged with trafficking in persons on substantially the same terms and to substantially the same extent as persons charged with serious crimes.27
Article III

Assistance and Protection for Victims
§300 Protection for the Safety of Victims28

Investigative, prosecutorial, and other appropriate authorities shall take all steps necessary to identify victims of trafficking. Once victims are identified, these authorities shall provide reasonable protection to victims of trafficking to prevent recapture by the traffickers and their associates, secure the victim and the victim’s family [if they reside in (country name)] from threats, reprisals or intimidation by the traffickers and their associates, and ensure the victim has an opportunity to consult with a victim advocate or other appropriate person to develop a safety plan.29
§301 Witness Protection

Victims of trafficking who are witnesses or potential witnesses may be eligible for applicable witness relocation and protection programs for victims of organized criminal activity or other serious offenses, if it is determined that an offense involving a crime of violence directed at the witness or potential witness if likely to be committed. The programs may include:

relocation
new identity, documents establishing identity
new residence
employment or work permits
protection of confidentiality of identity and location

§302 Protection for the Privacy of Victims30

In a prosecution for trafficking in persons under Section 200, or unlawful use of documents under Section 201, the identity of the victim and the victim’s family should be kept confidential by ensuring that names and identifying information of the victim and victim’s family are not released to the public, including by the defendant.
§303 Information for Victims31

The [Ministry of Justice] and/or [court] and/or [other appropriate authority] shall inform victims of trafficking, in a language they can understand, of their legal rights and the progress of relevant court and administrative proceedings, as appropriate, including but not limited to prosecution of the criminal offenders, proceedings for the return of the victim to their country of citizenship or lawful residence, and procedures for seeking legal immigration status under section 305.
§304 Opportunity for Presentation of Victim’s Views and Concerns32

The [Ministry of Justice] and/or [court] and/or [other appropriate authority] shall provide an opportunity to a victim of trafficking, if the victim desires it, to present the victim’s views and concerns at appropriate stages of criminal proceedings against traffickers, in a manner not prejudicial to the rights of the defendant. An interpreter who speaks a language the victim understands should be made available to the victim [during the course of legal proceedings].
§305 Support for Victims33

Within [one year] of the enactment of this legislation, the [appropriate authority] in conjunction with [other appropriate authorities] shall develop plans, in consultation with non-governmental organizations and other elements of civil society, for the provision of appropriate services, from governmental and non-governmental sources, for victims of trafficking and dependent children accompanying the victims, including34:

appropriate housing, taking into account the person’s status as a victim of crime and including safe conditions for sleeping, food and personal hygiene;
psychological counseling in a language the victim can understand;
medical assistance in a language the victim can understand;
other material assistance as appropriate;
employment, educational, and training opportunities; and
legal assistance or legal information in a language the victim understands.

Victims of trafficking shall be eligible to work and to receive proof of work authorization [for the duration of their presence in (country name)] OR [in the manner prescribed in (insert reference to appropriate existing law)].

Victims of trafficking and their accompanying dependent children shall be entitled to receive social benefits [in the same manner as refugees] OR
[for the duration of their stay in (country name)] OR
[in the manner prescribed in (insert reference to appropriate existing law)].

Residence in shelters or other facilities established under this section shall be voluntary, and victims may decline to stay in shelters.

Victims shall have the option to communicate with and receive visits from family, friends, attorneys, and advocates.35

Absent exigent circumstances, victims of trafficking, once identified as such, shall not be housed in prisons or other detention facilities for accused or convicted criminals. Child victims of trafficking, once identified as such, shall not be housed in prisons or other detention facilities for accused or convicted criminals under any circumstances.

The authorities described in (a) shall take into account the age, gender, and special needs of victims and accompanying dependent children in formulating plans to provide services to them and in delivering such services.

Plans developed in accordance with (a) shall be submitted for approval to [insert appropriate authority], which authority shall also undertake periodic reviews of the plans and their implementation to ensure compliance with the requirements of this Article and to ensure that all victims are treated with respect for their human rights and dignity.
§306 Immigration Status of Victims36

The [authority with responsibility for issuing visas or temporary residence permits] shall provide victims of trafficking and accompanying dependent children with appropriate visas or other required authorization to permit them to remain in [name of country] for the duration of the criminal prosecution against the traffickers, provided that the victim is willing to comply with reasonable requests, if any, to assist in the investigation or prosecution of the traffickers.

[Victims of trafficking shall be eligible for permanent residence in [country name][in the manner prescribed in (insert reference to appropriate existing law)], provided they have complied with reasonable requests, if any, for assistance in the investigation or prosecution of acts of trafficking. Dependent children accompanying the victim also shall be eligible for permanent resident status in [country name][in the manner prescribed in (insert reference to appropriate existing law.)]

[A victim’s spouse and children, and in the case of child victims, the parents or guardian, and the victim’s siblings, shall be eligible to join the victim in [country name] as part of the victim’s initial application for temporary or permanent residence under (a) or (b).]
§307 Assistance for Citizen/Permanent Resident Victims Abroad37

The [Ministry of Foreign Affairs], through its diplomatic missions and consular offices abroad, where practicable, shall offer assistance to citizens of or persons holding permanent residency in [name of country] who are victims of trafficking in persons located abroad, including but not limited to:

assistance in understanding the laws of the foreign country to which they have been trafficked, including their rights as victims, options for reporting the crime, and opportunities for seeking restitution or other benefits that are available under the laws of that country;

assistance in obtaining emergency services, including but not limited to medical care and counseling;

at the request of either the victim or the appropriate authorities in the other country, replacement or provision of passports and other travel documents necessary for the victim to return to [name of country] without undue or unreasonable delay;

material assistance in returning to their [last] place of residence in [name of country][in the same manner provided for other citizens or persons with right of permanent residency who become stranded abroad][when the country to which the victim was trafficked does not provide such assistance].

The [Ministry of Foreign Affairs], through its diplomatic missions and consular offices abroad, shall publish and disseminate information on the rights of victims of trafficking under the laws of [name of country] and the country or countries for which the diplomatic mission has responsibility both to the appropriate authorities in that country and to possible victims of trafficking who are citizens of [name of country]. In the case of diplomatic missions and consular offices of countries of destination for trafficking victims, such information shall be provided to appropriate authorities and to potential trafficking victims who are citizens or lawful residents of the country for which the mission or office has responsibility.

Diplomatic missions of [name of country] abroad shall appoint an officer to be responsible for implementing and supervising plans and ensuring the provision of services required under this section.

The [Ministry of Foreign Affairs] in cooperation with [other appropriate authorities] shall develop plans within [six months or other time period] of the adoption of this section for the safe, orderly return without undue or unreasonable delay of citizens or persons holding permanent residency in [name of country].

§308 Verification of Citizen/Permanent Resident Status and Age

Upon request by the appropriate authority or representative of another State, the [appropriate authority] shall, without undue or unreasonable delay, verify whether a person who is a victim of trafficking in persons is a citizen, or national of, or holds permanent residency in [name of country].38

Upon request by the appropriate authority or representative of another State, the [appropriate authority] shall, without undue or unreasonable delay, verify 1) the age of a person who is a victim of trafficking in persons and who is suspected of being a minor and 2) whether the victim is a citizen, national of, holds permanent residency in [name of country], or any other immigration status the victim may have in [name of country].

The [appropriate authority] shall designate an appropriate officer to respond to inquiries described in (a) and (b).
§309 Return of Victims to the Country of Citizenship/Permanent Residence39

Within [six months or other time period] of the enactment of this legislation, the [appropriate authority] in conjunction with [other appropriate authorities] shall develop plans for the safe return to their country of citizenship or a country in which they hold permanent residency. Where possible, the appropriate authorities shall work closely with international organizations and NGOs in this process.

Plans developed under (a) shall take into account the right of victims to seek temporary or permanent residence under the provisions of Sections 306(a) and (b) and other rights guaranteed under other applicable laws.
§310 Victims Unable to Prove Citizenship Status Through Normal Means40

Victims of trafficking abroad who claim to be citizens or persons holding permanent residency in [name of country], but whose identity cannot be verified through ordinary means, can establish their right to return to [name of country] by demonstrating significant connections to this country through such factors as:

place of birth;
presence of family members;
presence of friends;
significant knowledge of specific geographical areas or neighborhoods;
long-term residence in this country;
native-speaker level understanding of spoken [insert name of national language or languages]; or
any other means.

The list of factors in (a) is not exhaustive, and not every factor is required to make the determination. Determinations under this section are to be made with due concern for compassion and justice to victims. The fact that the victim would not be eligible for citizenship based on the showing made under this section shall not be a bar to reentry.

[Diplomatic missions abroad shall delegate a specific diplomat to make determinations under this section. Victims may appeal an adverse determination to the [Minister of Justice or other appropriate authority].]

Where the appropriate authority determines an individual is eligible to reenter [name of country] under this section, the diplomatic mission abroad shall issue a [Certificate of Identity], permitting reentry.
§311 Services for Returned Victims of Trafficking

Victims of trafficking who return from abroad shall have access to educational and training programs provided by any governmental or private entity without being differentiated from other participants on the basis of having been trafficked;

Diplomatic missions and consular offices in destination countries shall provide assistance to returned victims of trafficking in securing restitution for their losses under the laws of the destination country[, and every such mission and office shall designate an officer to take responsibility for providing this assistance].
§312 Appropriate Implementation for Child Victims

The provisions of Article III shall be provided to trafficking victims who are children in a manner that is in the child’s best interests and appropriate to their situation. Child trafficking victims shall be provided with appropriate services, which may include understanding of their rights, privacy, housing, care, and age-appropriate support and rights specified in Article III. Special programs should be developed to accommodate child witnesses including:

testimony of minor conducted outside court setting or by video
all testimony and court proceedings take place with parent, legal guardian or foster parent present
whenever safe and possible, children should be reunited with family members either in country of origin or destination country
special mental and physical medical care tailored to the child’s needs
upon return to the country of origin or resettlement in a new country, child victims of trafficking should be guaranteed education which at least matches the general standard of education in the country
Article IV

Misuse of Commercial Transportation
§400 Responsibilities of International Transportation Companies41

International transportation companies must verify that every passenger possesses the necessary travel documents, including passports and visas, to enter the destination country and any transit countries.

The requirement in (a) applies both to staff selling or issuing tickets, boarding passes or similar travel documents and to staff collecting or checking tickets prior to or subsequent to boarding.

Companies which fail to comply with the requirements of this section will be fined [insert appropriate amount]. Repeated failure to comply may be sanctioned by revocation of licenses to operate in accordance with [applicable law][insert reference to law governing revocation of licenses].
§401 Liability of International Transportation Companies42

When a transportation company knowingly transports victims of trafficking into the country, that company shall be liable for costs associated with providing accommodation and meals for the victim and any accompanying dependent children for the duration of the victim’s stay in facilities designated under Section 305 and shall bear the costs of their transportation either [to the national border] [or] [to the victim’s point of departure] [or] [to a port of entry of the country of which the victim is a citizen or in which the victim holds residency][whichever is appropriate under the circumstances].
§402 Role of Government

Governments should take steps to educate citizens about sex tourism. It should warn citizens that traveling to another country to engage in sex with a minor or a trafficked person may be a crime in the destination country or in the home country, or may constitute child abuse. These steps should include:

cooperating with airline industry, hotel industry, taxi industry, and others to jointly produce educational materials alerting them to evidence of sex tourism by their customers and warning them against facilitating such behaviors
warning citizens and employees in the industries mentioned in §402(1) that a crime may be committed when someone engages in sex with a minor, sex tourism, or frequents a brothel holding trafficked women and children
giving up to date information about the links between HIV/AIDS and other STDs and trafficking.
§403 Measures to Ensure the Safety of Children Traveling Unattended Across International Borders43

Operators or crews of commercial vehicles, including airplanes, trains, and buses, shall hold the travel documents of children traveling into [name of country] without a parent, guardian, or other responsible adult from the time the child boards the vehicle and shall surrender the documents upon arrival to the appropriate immigration authority.

At every port of entry, the [immigration authority] should, if practicable, provide officers to meet children traveling without a parent, guardian, or other responsible adult, receive the child’s travel documents from the operator of the commercial vehicle, and assist the child in passing through immigration and customs inspections. The officer shall surrender the child only to a parent, guardian, or other responsible adult upon presentation of [appropriate identifying documents], and shall obtain a receipt indicating final destination, purpose of travel, and identification and address information of the receiving adult.

Operators or owners of commercial vehicles delivering children traveling without a parent, guardian, or other responsible adult into [name of country] shall pay a fine of [insert appropriate amount] for every child that arrives without necessary travel documents.

Article V
Prevention of Trafficking

§500 National Task Force for Prevention of Trafficking44

The [President, Prime Minister, or other appropriate authority] shall establish an inter-agency task force to develop and implement a National Plan for the Prevention of Trafficking in Persons. Such a task force should include all aspects of trafficking, including sex trafficking and labor trafficking.

The [Prime Minister or other appropriate authority] shall appoint the members of the task force, which shall include at a minimum the [representatives of] the Minister of Justice, Foreign Affairs, Labor, Interior, [insert other ministries as appropriate] and/or other appropriate high-level government officials [including officials with responsibility for law enforcement, immigration, and human and social services].

The task force shall carry out the following activities either directly or via one or more of its constituent ministries as appropriate:

Develop the National Plan for the Prevention of Trafficking in Persons.
Coordinate the implementation of the Plan.
Coordinate the collection and sharing of trafficking data among government agencies. All data collected shall respect the privacy of victims of trafficking.
Coordinate the sharing of information between agencies for the purposes of:

determining whether individuals crossing or attempting to cross the international border of [name of country] with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons45; and
detecting criminal groups engaged in trafficking.

Identify and engage in efforts to facilitate cooperation with foreign countries, particularly those which are a significant source of victims, transit location, or destination of victims. This cooperation shall aim to strengthen bilateral, multilateral, local, and regional capacities to assist trafficking victims, prevent trafficking, prosecute traffickers, and assist in the appropriate reintegration of victims of trafficking.46
Establish policies to enable [name of country]’s government to work with non-governmental organizations and other elements of civil society to prevent trafficking and provide assistance to victims.

§501 Data Collection and Dissemination47

The [appropriate authority] shall, in cooperation with [or other appropriate authorities] collect and periodically publish statistical data on trafficking.48

The [responsible authority] shall elicit the cooperation and assistance of other government agencies, non-governmental organizations, and other elements of civil society as appropriate to assist in the data collection required under (a).

The appropriate authorities in each agency that play a vital role in addressing trafficking shall make best efforts to collect information relevant to tracking progress on trafficking, including but not limited to:

numbers of arrests, prosecutions, and successful convictions of traffickers and those committing trafficking related crimes (pimping, pandering, procuring, maintaining a brothel, visa fraud, document fraud, and other crimes related to trafficking)
statistics on the number of victims, including age, method of recruitment etc.
trafficking routes and patterns (country of origin, transit countries)
method of transportation (car, boat, plane, foot)
border crossing issues (with fraudulent documents, without)
§502 Training49

The [appropriate authority/authorities] shall [provide][strengthen] training for law enforcement, immigration, and other relevant officials in addressing trafficking in persons.

Such training shall focus on

methods used in identifying victims of trafficking;
methods for prosecuting traffickers;
methods for protecting the rights of victims, taking into account the need to consider human rights and special needs of women and children victims, and that victims should be treated as victims rather than criminals; and
methods for promoting the safety of victims, including, for example, the training of police and immigration officers to recognize victims of trafficking quickly.

The [responsible authority] shall seek the input and/or participation of appropriate non-governmental organizations and other relevant organizations in the preparation and presentation of training called for in this Section.
§503 Public Awareness50

For those at risk of becoming trafficking victims: The [Ministry of Education or other appropriate authority] in cooperation with [other appropriate government agencies] and [appropriate non-governmental organizations or other elements of society] shall prepare public awareness programs designed to educate potential victims of trafficking in persons and their families of the risks of victimization. Such public awareness programs shall include but shall not be limited to:

information about the risks of becoming a victim, including information about common recruitment techniques, use of debt bondage, and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and other sexually transmitted diseases, and psychological harm related to victimization in trafficking cases; and
information about potential victims rights in [name of country] and in major destination countries and under international law, as well as methods for reporting suspected recruitment activities.

For Trafficked Persons: The [Ministry of Justice or other appropriate authority] in cooperation with [other appropriate government agencies] and [appropriate NGOs or other elements of society] shall prepare and disseminate educational materials designed to inform victims of trafficking in [name of country] of their rights, the measures in place to ensure their safety, recovery, and safe return to their home countries, and how to contact appropriate law enforcement authorities. Such materials shall include, as appropriate, pamphlets, brochures, posters, advertisements in mass media, and any other methods appropriate for reaching victims of trafficking.

General Public Awareness: The [Ministry of Justice or other appropriate authority] in cooperation with [other appropriate government agencies] and [appropriate non-governmental organizations or other elements of society] shall prepare and disseminate public awareness materials designed to discourage the demand that fosters the exploitation of persons, especially women and children, and that leads to trafficking.

Such materials may include information on the impact of trafficking on individual victims, aggregate information on trafficking world-wide and domestically, as well as warnings of the potential for criminal consequences for taking part in trafficking. [Such materials may include, as appropriate, pamphlets, brochures, posters, advertisements in mass media, and any other appropriate methods.]

Privacy limitation: Materials described in this section may include information on the impact of trafficking on individual victims. However, any information on the experiences of individual victims
shall preserve the privacy of the victim and the victim’s family.

All public awareness programs established under (a) – (c) shall be evaluated periodically to ensure their effectiveness.
§504 Exclusion of Persons Implicated in Trafficking51

The [appropriate authority] shall periodically identify, in a public report, every person who is a trafficker of persons, or who has knowingly assisted or conspired with another to to traffic in persons.

Persons identified in reports under (a), or whom an overseas consular official knows or has reason to believe is a trafficker of persons, or who has knowingly assisted or conspired with a trafficker to traffic in persons, shall not receive an entrance or transit visa.

The visas of persons identified in reports under (a) shall be revoked.

§505 Border Inspections52

The [appropriate authority] shall implement policies to screen persons entering or leaving the country to determine if they are victims of trafficking in persons.

Such screening shall be undertaken with consideration for the right of individuals to travel, and shall not result in undue invasion of the individual’s privacy or undue restriction of the individual’s freedom of movement.
§506 Applicability of Labor Standards

Standards for working conditions specified in [insert reference to appropriate law] shall apply equally to persons with or without the legal right to work in [this country].

The [Ministry of Labor] shall investigate complaints of unlawful working conditions without regard to the immigration status of complainants and without regard to the nature of the work or services involved.

Article VI

Security and Control of Documents

§ 600 Integrity of Travel and Identity Documents53

The [appropriate authority or authorities] shall appoint a [commission] to monitor the quality of travel and identity documents issued by that authority to ensure that they comply with International Civil Aviation Organization standards and that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated, or issued.

The tasks of the [commission] shall include, but not be limited to:

monitoring technical developments in the field of anti-counterfeiting in order to recommend improvements to such documents as they develop;
monitoring the issuance of travel documents abroad, with attention to patterns of abuse such as misrepresentation, corruption and fraud;
monitoring the issuance of travel documents domestically, with attention to patterns of abuse such as misrepresentation, corruption and fraud; and
forwarding examples of abuse described in paragraphs (2) and (3) to the appropriate authorities for investigation.

§601 Verification of Legitimacy and Validity of Documents54

Upon request by the appropriate authority or representative of another State, the [appropriate authority/authorities] shall verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued by [such authority] and suspected of being used for trafficking in persons.

The [appropriate authority/authorities] shall designate an appropriate officer to respond to inquiries described in (a) or to establish procedures for responding to such inquiries in a regular and timely fashion.
Interpretive Notes

1 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, (“Protocol”), G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001), Art. 3(a).

2 Id., Art. 3(d).

3 Id., Art. 3(a).

4 United Nations Treaty Series vol. 266, p. 3, Sec. 1, Art. 1.

5 See Interpretive Notes (travaux preparatoires) to the UN Protocol, which states, “...where illegal adoption amounts to a practice similar to slavery as defined in article 1, paragraph (d), of the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, it will also fall within the scope of the Protocol.”

6 The reference to substance addiction is intended to combat traffickers’ intentionally causing victims to become addicted to substances as a means of exerting coercive control over them.

7 Protocol, Art. 5 (State Parties obliged to criminalize intentional trafficking in persons).

8 Id., (State Parties are obliged to criminalize attempting to commit, participating as an accomplice, and organizing or directing others to commit an offense). The bracketed language will not be necessary if the laws of the state party include general provisions for conspiracy, attempts, and accomplice liability that apply to all crimes.

9 The range of sentences appropriate for traffickers may vary greatly depending on the facts of a particular case. Section 205 sets forth a list of factors that should be considered by a court in determining the length of sentence that should be imposed. Countries that have plea bargaining may want a higher range (10 to 20 years) for trafficking. Those that do not may be more comfortable with 5 to 10 year ranges.

10 Id., at Art. 6(6), (State Parties obliged to ensure victims’ opportunity to obtain compensation for damages suffered).

11 Id., at Art. 3(c).

12 The UN Protocol does not require criminalization of this activity, but this suggested provision may prove useful in combating trafficking in persons.

13 The procuring of such documents is prohibited to allow prosecution of travel agents and visa brokers who knowingly arrange visas, passports, and plane tickets to facilitate trafficking.

14 See Kosovo Regulations, Ch. I, § 3; see also 18 U.S.C. § 1592.

15 The UN Protocol does not require criminalization of prostitution, but the suggested language may prove useful in combating trafficking in persons.

16 Exploiting the prostitution of another can be defined as obtaining of a financial or other benefit from the prostitution of another person.

17 While some countries would prosecute the offense of transporting a person for the purpose of prostitution regardless of whether the offender receives any financial or other benefit, other countries would require proof of exploitation of the prostitution of another person.

18 Protocol, Art. 6 § (6) (State Parties required to provide measures to enable victims of trafficking to obtain compensation). Modeled on U.S. restitution statutes, 18 U.S.C. §§1593, 3663.

19 States may choose to include in their statutes additional detail on the disposition of properties forfeited under this provision. The following disposition is recommended: “This property shall be sold at auction by [insert appropriate authority] and the proceeds used to fulfill restitution to the victim ordered under Section 203 with one-half of excess funds dedicated to the support of victim services provided in accordance with Section 305 and one-half directed to the support of agencies dedicated to investigating or prosecuting trafficking.” For those countries that do not have asset forfeiture provisions, civil remedies may be an appropriate alternative. For those countries that do not have asset forfeiture provisions, civil remedies may be an appropriate alternative.

20 Trafficking in persons is a serious crime that should be punished accordingly. The laws of numerous countries provide for significant periods of incarceration for convicted traffickers. For example, U.S. law was recently amended to increase basic penalties for trafficking-related crimes from 10 to 20 years. Enhanced penalties are warranted in particular circumstances, such as where trafficking causes injury, illness, or death. Such enhancements are consistent with the Protocol’s purpose of protecting victims of trafficking. See Protocol, Art. 2(a) and (b). The TVPA states that sex trafficking through the use of force, fraud, or coercion should be punished on par with sexual assault. In articulating minimum standards for the elimination of severe forms of trafficking in persons, § 108(a)(2) of the TVPA states, “the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault[]” for many forms of trafficking, including any trafficking for the purpose of a commercial sex act. TVPA § 108(a)(2). For an example of a similar enhancement, see Regulation No. 2001/4 on the Prohibition of Trafficking of Persons in Kosovo, (“Kosovo Regulations”) Ch. I, § 2.2 (United Nations Interim Administration Mission in Kosovo, January 12, 2001). Governments should adapt these enhancements in a manner consistent with their own law and its treatment of serious crimes.

21 Enhanced penalties where the trafficking was part of the activities of an organized criminal group or where the defendant organized or directed such a group is consistent with the status of the Protocol as a supplement to the United Nations Convention Against Transnational Organized Crime. Protocol, Art. 1 § 1. For an example of a similar enhancement, see Kosovo Regulations, Ch. I, § 2.3.

22 United Nations Convention against Transnational Organized Crime, (“Convention”) A/RES/55/25, Article 2 (a). This definition is only necessary if the enacting country has not previously inserted the Convention’s definition of “organized criminal group” into its domestic law.

23 Similar provisions may be useful to add in criminal prosecutions other than for trafficking in persons, such as in cases of sexual assault.

24 Protocol, Art. 3(b).

25 Id., Art. 2(b) (purpose of Protocol is to protect and assist victims while respecting their human rights); Art. 6(a) (State Parties obliged to protect privacy of victim). See also Fed. R. Evid. 412.

26 Trafficking involves force, coercion, deception, and or other similar means to obtain or maintain the labor or services of the victims. These means should negate the intent necessary to impose criminal liability on the victim for acts that result from the trafficking. In some cases, however, victims have been prosecuted for acts that resulted directly from having been trafficked. This provision is intended to prevent such prosecution, and is modeled on Kosovo Regulations, Ch. III, § 8, except that the phrase “if the person provides [evidence]” is omitted in order to avoid placing the burden of persuasion on the victim.

27 As Congress wrote in Finding number 24 in the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464: “Trafficking in persons is a transnational crime with national implications. To deter international trafficking and bring its perpetrators to justice, nations including the United States must recognize that trafficking is a serious offense. This is done by prescribing appropriate punishment, giving priority to the prosecution of trafficking offenses, and protecting rather than punishing the victims of such offenses. The United States must work bilaterally and multilaterally to abolish the trafficking industry by taking steps to promote cooperation among countries linked together by international trafficking routes. The United States must also urge the international community to take strong action in multilateral for a to engage recalcitrant countries in serious and sustained efforts to eliminate trafficking and protect trafficking victims.”

28 Id., Art. 6(5) (State Parties obliged to “endeavour to provide for the physical safety of victims while they are within its territory”).

29 See id., Art. 6(3). The reference to consultation with victim advocates or other appropriate persons includes non-governmental victim advocates.

30 Protocol, Art. 6(1) (State Parties obliged to protect privacy and identity of victims to the extent possible under domestic law).

31 Id., Art. 6(2)(a) (State Parties obliged to provide information on relevant court and administrative hearings as appropriate).

32 Id. Art. 6(2)(b) (State Parties obliged to provide assistance to enable victims to present their views and concerns as appropriate).

33 Id., Art. 6(3) (State Parties obliged to consider providing such services to victims). In providing such services, State Parties are urged to cooperate with NGOs and other elements of civil society. Much of this section is modeled on the Romanian Trafficking Law, Ch. 5. The general goal of this section is to ensure that the human rights of victims are protected, as called for in the Preamble to the UN Protocol, and as generally incorporated throughout the Protocol. This section is intended for source, transit, and destination countries.

34 It is recognized that countries have varying amounts of resources and that some plans will take longer to implement than others, or that implementation may depend on the availability of foreign financial support.

35 Regulations may be appropriate to state that where victims reside in shelters or other facilities established under this section, reasonable restrictions on the time, place, or manner of such communications may be imposed. Prior to receiving visitors, victims should be counseled that they have the right to refuse to see the traffickers or the traffickers’ associates.

36 Id., Art. 7 (State Parties obliged to consider permitting victims to remain either permanently or temporarily).

37 Id., Art 8(1), (4). This section is largely modeled on the Romanian Trafficking Law, Ch. V, Arts. 28-30.

38 Protocol, Art. 8(3).

39 Id., Art. 8(2).

40 For a discussion of the difficulties faced by persons who are unable to establish citizenship, particularly hill tribe and long-term refugee women from Thailand, and the recommendations on which this section is based, see Human Rights Watch, Owed Justice: Thai Women Trafficked into Debt Bondage in Japan, 118-123, 200 (2000).

41 Protocol, Art.11(3)-(4) (State Parties obliged to adopt measures to prevent commercial carriers being used in the trafficking in persons).

42 Modeled on Romanian Trafficking Law, Ch. VI, Art. 47.

43 Traffickers of children often use fictitious travel documents to enable children to board aircraft and then destroy the fictitious documents enroute. See Carron Somerset, What the Professionals Know: The Trafficking of Children into, and through the UK for Sexual Purposes, pp. 22, 44 (ECPAT UK, Nov. 2001) available at www.antislavery.org/ homepage/resources/Children PDF.

44 Modeled on U.S. law, Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464, 1473-4.

45 Protocol, Art. 10 (1)(a).

46 Id., Art. 9(4).

47Id., Art. 9(2), 10(1)(b)-(c).

48 Such data should include but not be limited to: (1) numbers and nationalities of persons trafficked into or out of or transiting through [name of country] in the course of being trafficked and the source, transit, or destination country or countries of such persons; (2) purposes for which the persons were trafficked including those set forth in Section 102; (3) means and methods used by criminals for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes, and links between and among individuals and groups engaged in such trafficking; (4) age and gender of victims; (5) size, organization, and composition of criminal organizations engaged in trafficking; and (6) types of travel documents that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons. In implementing (a), the [responsible authority] shall establish categories for the reporting of aggregate data including but not limited to those defined in (a).

49 Id., Art. 10(2).

50 Id., Art. 9(5).

51 Id., Art. 11(5).

52 For a discussion of how attempts to identify victims based on stereotypical thinking result in abridgement of freedom to travel, see Owed Justice 196-200.

53 Protocol, Article 12.

54 Id., Art. 13.