22 U.S.C. § 7108
Section 7108 · Actions against significant traffickers in persons
This is § 111 of the Trafficking Victims Protection Act of 2000
Amended 2 times on record
Applied in 3 court decisions — leading case 492 F. Supp. 2d 988 - John Roe I v. Bridgestone Corp. (2007)
Most recently applied in 770 F. Supp. 2d 193 - Nattah v. Bush (March 2011)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) In general
The President may exercise the authorities set forth in section 1702 of title 50 without regard to section 1701 of title 50, or section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note), in the case of any of the following persons:
(A) Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States.
(B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A).
(D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.
(2) Penalties
The penalties set forth in section 1705 of title 50 apply to violations of any license, order, or regulation issued under this section.
(1) In general
Upon exercising the authority of subsection (a), the President shall report to the appropriate congressional committees—
(A) identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this section and the basis for such determination; and
(B) detailing publicly the sanctions imposed pursuant to this section.
(2) Removal of sanctions
Upon suspending or terminating any action imposed under the authority of subsection (a), the President shall report to the committees described in paragraph (1) on such suspension or termination.
(3) Submission of classified information
Reports submitted under this subsection may include an annex with classified information regarding the basis for the determination made by the President under paragraph (1)(A).
Nothing in this section prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof.
(1) Delegation of authority
The President may delegate any authority granted by this section, including the authority to designate foreign persons under paragraphs (1)(B) and (1)(C) of subsection (a).
(2) Promulgation of rules and regulations
The head of any agency, including the Secretary of Treasury, is authorized to take such actions as may be necessary to carry out any authority delegated by the President pursuant to paragraph (1), including promulgating rules and regulations.
(3) Opportunity for review
Such rules and regulations shall include procedures affording an opportunity for a person to be heard in an expeditious manner, either in person or through a representative, for the purpose of seeking changes to or termination of any determination, order, designation or other action associated with the exercise of the authority in subsection (a).
In this section, the term "foreign person" means any citizen or national of a foreign state or any entity not organized under the laws of the United States, including a foreign government official, but does not include a foreign state.
Nothing in this section shall be construed as precluding judicial review of the exercise of the authority described in subsection (a).
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Section is comprised of section 111 of Pub. L. 106–386. Subsec. (d) of section 111 of Pub. L. 106–386 amended section 1182 of Title 8, Aliens and Nationality.
Amendments
2019—Subsec. (a)(1). Pub. L. 115–425, §124(1), inserted ", or section 1263 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note)," after "without regard to section 1701 of title 50" in introductory provisions.
Subsec. (a)(1)(D). Pub. L. 115–425, §124(2), added subpar. (D).