[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8342--JAN. 16, 2009

Proclamation 8342 of January 16, 2009
To Suspend Entry as Immigrants and Nonimmigrants of Foreign Government
Officials Responsible for Failing To Combat Trafficking in Persons
By the President of the United States of America
A Proclamation

In order to foster greater resolve to address trafficking in persons
(TIP), specifically in punishing acts of trafficking and providing
protections to the victims of these crimes, consistent with the
Trafficking Victims Protection Act of 2000, as amended (the ``Act'') (22
U.S.C. 7101 et seq.), it is in the interests of the United States to
restrict the international travel and to suspend entry into the United
States, as immigrants or nonimmigrants, of certain senior government
officials responsible for domestic law enforcement, justice, or labor
affairs who have impeded their governments' antitrafficking efforts,
have failed to implement their governments' antitrafficking laws and
policies, or who otherwise bear responsibility for their governments'
failures to take steps recognized internationally as appropriate to
combat trafficking in persons, and whose governments have been ranked
more than once as Tier 3 countries, which represent the worst anti-TIP
performers, in the Department of State's annual Trafficking in Persons
Report, and for which I have made a determination pursuant to section
110(d)(1)-(2) or (4) of the Act. The Act reflects international
antitrafficking standards that guide efforts to eradicate this modern-
day form of slavery around the world.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, including section 212(f) of the
Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f), and section
301 of title 3, United States Code, hereby find that the unrestricted
immigrant and nonimmigrant entry into the United States of persons
described in section 1 of this proclamation would, except as provided

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123 STAT. 3608

for in sections 2 and 3 of this proclamation, be detrimental to the
interests of the United States.
I therefore hereby proclaim that:
Section 1. The entry into the United States, as immigrants or
nonimmigrants, of the following aliens is hereby suspended:
(a) Senior government officials-defined as the heads of ministries or
agencies and officials occupying positions within the two bureaucratic
levels below those top positions-responsible for domestic law
enforcement, justice, or labor affairs who have impeded their
governments' antitrafficking efforts, have failed to implement their
governments' antitrafficking laws and policies, or who otherwise bear
responsibility for their governments' failures to take steps recognized
internationally as appropriate to combat trafficking in persons, and who
are members of governments for which I have made a determination
pursuant to section 110(d)(1)-(2) or (4) of the Act, in the current year
and at least once in the preceding 3 years;

(b) The spouses of persons described in subsection (a) of this section.
Sec. 2. Section 1 of this proclamation shall not apply with respect to
any person otherwise covered by section 1 where entry of such person
would not be contrary to the interest of the United States.
Sec. 3. Persons covered by sections 1 or 2 of this proclamation shall be
identified by the Secretary of State or the Secretary's designee, in his
or her sole discretion, pursuant to such procedures as the Secretary may
establish under section 5 of this proclamation.
Sec. 4. Nothing in this proclamation shall be construed to derogate from
United States Government obligations under applicable international
agreements.
Sec. 5. The Secretary of State shall implement this proclamation
pursuant to such procedures as the Secretary, in consultation with the
Secretary of Homeland Security, may establish.
Sec. 6. This proclamation is effective immediately. It shall remain in
effect until such time as the Secretary of State determines that it is
no longer necessary and should be terminated, either in whole or in
part. Any such determination by the Secretary of State shall be
published in the Federal Register.
Sec. 7. This proclamation is not intended to, and does not, create any
right, benefit, or privilege, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers or
employees, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
January, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
third.
GEORGE W. BUSH