Sanctions Programs Targeting Human Traffickers: In Brief

April 22, 2021 R46771

Sanctions Programs Targeting
Human Traffickers: In Brief
April 22, 2021
Congressional Research Service
https://crsreports.congress.gov
R46771

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Sanctions Programs Targeting Human Traffickers: In Brief

his CRS In Brief describes the role of the U.S. Department of the Treasury (hereafter
Treasury) in combating trafficking in persons, and addresses the extent to which sanctions
T programs administered by the department’s Office of Foreign Assets Control (OFAC)
target foreign human traffickers.1
Introduction
Human trafficking takes different forms, including forced labor, enslavement, the recruitment and
use of child soldiers, and sex trafficking. Congress has sought to eliminate human trafficking
including through enactment of the Trafficking Victims Protection Act (TVPA) of 2000 (Division
A, P.L. 106-286, as amended), subsequent reauthorization acts, and related legislation.2 The
United States is also party to the United Nations 2000 Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, to which the Senate provided its advice
and consent on ratification in 2005. Since enactment of the TVPA, Congress has shown
increasing interest in addressing the illicit finance dimensions of human trafficking. Advocates of
such an approach argue that profit is one of the traffickers’ main motives, and thus that
dismantling traffickers’ ability to profit financially has the potential to deter trafficking.3
According to the International Labour Organization, forced labor, including human trafficking,
may generate more than $150 billion worldwide per year for traffickers.4
Treasury’s Role in Combating Human Trafficking
In recent years, Treasury has played a growing role in addressing human trafficking concerns, due in part to
congressional actions, such as the following:
PITF Role. The President’s Interagency Task Force (PITF) to Monitor and Combat Trafficking, mandated by
Section 105 of the TVPA (22 U.S.C. 7103) and established pursuant to Executive Order (E.O.) 13257 of February
13, 2002, is an interagency forum composed of Cabinet- and department-level officials that sets the federal agenda
on all aspects of anti-human trafficking policy.5 In 2019, Section 201 of the Frederick Douglass Trafficking Victims

1 For additional CRS analysis of human trafficking-related issues, see CRS In Focus IF10587, Human Trafficking and
Foreign Policy: An Introduction, by Liana W. Rosen and Michael A. Weber, and CRS Report R44953, The State
Department’s Trafficking in Persons Report: Scope, Aid Restrictions, and Methodology, by Michael A. Weber,
Katarina C. O'Regan, and Liana W. Rosen.
2 Section 103(11) of the Trafficking Victims Protection Act (TVPA) of 2000 (Division A, P.L. 106-286, as amended;
22 U.S.C. 7102) defines severe forms of trafficking in persons to mean “(A) sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18
years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt
bondage, or slavery.”
3 See for example, U.S. Department of the Treasury (hereafter Treasury), Combating Human Trafficking, January 29,
2020; Organization for Security and Co-operation in Europe (OSCE), Follow the Money: How Financial Investigations
Aid in the Fight Against Trafficking in Human Beings, March 3, 2020; Representatives Bryan Steil and Madeleine
Dean, “To Fight Human Trafficking, Follow the Money,” The Hill, opinion, July 15, 2019; Polaris, On-Ramps,
Intersections, and Exit Routes: A Roadmap for Systems and Industries to Prevent and Disrupt Human Trafficking—
Financial Services Industry, July 2018; Fabio Teixeira, “Follow the Money to Fight Human Trafficking, Top Interpol
Director Says,” Reuters, September 12, 2019; Jamille Bigio, “Human Trafficking Helps Terrorists Earn Money and
Strategic Advantage,” Foreign Policy, opinion, January 31, 2020.
4 International Labour Organization, Profits and Poverty: The Economics of Forced Labour, 2014, p. 13. Treasury
refers to this estimate on the webpage “Combating Human Trafficking,” dated January 29, 2020, and at
https://home.treasury.gov/news/featured-stories/combating-human-trafficking.
5 See President’s Interagency Task Force (PITF), Report on U.S. Government Efforts to Combat Trafficking in Persons,
October 2020.
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Sanctions Programs Targeting Human Traffickers: In Brief

Prevention and Protection Reauthorization Act of 2018 (P.L. 115-425) amended Section 105 of the TVPA to
include the Secretary of the Treasury as a required member of the PITF.
TFI Mandate. Section 222(a) of the Transportation, Treasury, Independent Agencies, and General Government
Appropriations Act, 2005 (Division H, Title II of P.L. 108-447; 31 U.S.C. 312), established within the Department
of the Treasury an Office of Terrorism and Financial Intelligence (TFI). In 2019, Section 7153 of the National
Defense Authorization Act (NDAA) for FY2020 (P.L. 116-92) expanded TFI’s mandate to require the provision of
policy, strategic, and operational direction to the department on issues related to “combating illicit financing
relating to human trafficking.”
AML/CFT Supervisory Body Enhancements. Section 7154(c) of the FY2020 NDAA (P.L. 116-92) directed
the Federal Financial Institutions Examination Council (FFIEC), in consultation with the Secretary of the Treasury,
among others, to review and enhance training and bank examination procedures for anti-money laundering (AML)
and countering the financing of terrorism (CFT) to also detect human trafficking-related financial transactions.
FinCEN Advisories. The Financial Crimes Enforcement Network (FinCEN), a Treasury bureau, administers
what is commonly known as the Bank Secrecy Act and related AML provisions, including the collection of
suspicious activity reports.6 To support the financial services community in achieving its AML/CFT compliance
requirements, FinCEN has issued two advisories on financial red flags associated with human trafficking and related
activity.7
FATF Reports. The Financial Action Task Force (FATF), of which the United States is a member, is an
intergovernmental standards-setting body that provides guidance on AML/CFT best practices. Treasury’s Terrorist
Financing and Financial Crimes (TFFC) assistant secretary, who reports to the TFI Undersecretary, leads the U.S.
delegation to FATF. With U.S. support, FATF has issued two reports on human trafficking and illicit financial
flows.8
Egmont Group Project. The Egmont Group is an intergovernmental platform for technical information
exchange on AML/CFT, composed of 166 Financial Intelligence Units (FIUs) worldwide.9 As the U.S. FIU, FinCEN
supports the work of the Egmont Group’s human trafficking awareness project, among other efforts.
Human Trafficking Sanctions
The President holds substantial decision-making power as to when economic sanctions are used
in U.S. foreign policy.10 Citing authorities enacted by Congress, the President may establish
sanctions programs to designate foreign persons (individuals and entities), block foreign assets
under U.S. jurisdiction associated with such designated persons, and prohibit transactions
involving designated persons and U.S. citizens or businesses, among other possible measures.
Often, the President directs the establishment of sanctions programs through executive order
(E.O.) and makes determinations based on national emergencies and treaty obligations stated in
legislation. Treasury, through OFAC, issues federal regulations to administer such sanctions;
other U.S. departments and agencies may also play a role in the implementation of sanctions
programs.
Section 111 of the TVPA (22 U.S.C. 7108) explicitly authorizes the President to invoke the
International Emergency Economic Powers Act (IEEPA; Title II of P.L. 95-223; 50 U.S.C. 1701
et seq.)—without requiring the President to declare a national emergency, as provided for in the

6 31 U.S.C. 5311-5332; 12 U.S.C. 1829 and 1951-1959; 18 U.S.C. 1956-1957 and 1960.
7 Financial Crimes Enforcement Network (FinCEN), Guidance on Recognizing Activity that May be Associated with
Human Smuggling and Human Trafficking—Financial Red Flags, Advisory, FIN-2014-A008, September 11, 2014;
Supplemental Advisory on Identifying and Reporting Human Trafficking and Related Activity, Advisory, FIN-2020-
A008, October 15, 2020.
8 Financial Action Task Force (FATF), Money Laundering Risks Arising from Trafficking in Human Beings and
Smuggling of Migrants, July 2011; Financial Flows from Human Trafficking, July 2018.
9 See Egmont Group of Financial Intelligence Units, Annual Report 2018-2019, July 30, 2018.
10 See CRS In Focus IF11730, Economic Sanctions: Overview for the 117th Congress, by Dianne E. Rennack and
Rebecca M. Nelson.
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Sanctions Programs Targeting Human Traffickers: In Brief

National Emergencies Act (50 U.S.C. 1601 et seq.) in response to an unusual and extraordinary
threat—or the Global Magnitsky Human Rights Accountability Act (Title XII, Subtitle F of P.L.
114-328; 22 U.S.C. 2656 note) to target
 significant foreign human traffickers,
 foreign persons who materially assist or support such traffickers,
 foreign entities owned or controlled by such traffickers, and
 foreign government officials who engage in or facilitate human trafficking for
significant financial gain.
To date, this authority has not been used and no sanctions program has been established with this
specific scope.11 Some country-specific U.S. sanctions programs, however, identify human
trafficking-related criteria as one of several reasons for designation; other sanctions programs are
scoped in such a way that human trafficking-related activities could be grounds for designation
without being specifically cited as such.
The diversity of sanctions programs under which human traffickers may be targeted presents
challenges in measuring the scale and impact of the U.S. government’s use of sanctions to combat
human trafficking worldwide. The scope of information that OFAC publishes regarding sanctions
designations also varies, limiting insights into the extent to which a targeted person is or was
engaged in human trafficking.
Sanctions with Human Trafficking-Related Designation Criteria
Several country-specific sanctions programs have directly identified human trafficking or specific
forms of human trafficking as one among several rationales for designation. In general (and as
described below), these sanctions address broader foreign policy and international security
objectives, at times implemented to comply with U.N. Security Council requirements.
Mali and Trafficking in Persons.12 E.O. 13882 of July 26, 2019, pertaining to the conflict in
Mali, is the only sanctions program that explicitly authorizes the designation of persons involved
in “trafficking in persons,” among other criteria (including the recruitment and use of child
soldiers). However, OFAC press releases describing the five individuals designated to date
pursuant to E.O. 13882 cited other grounds for designation.13
Armed Conflicts in Certain African Countries and Child Soldiers.14 The recruitment and use
of children in armed conflict is a form of human trafficking. Country-specific sanctions programs

11 Separately, the TVPA established non-humanitarian, non-trade-related foreign assistance restrictions on countries
that are not committed to meeting the minimum standards for the elimination of severe forms of trafficking in persons,
subject to certain waivers. The Child Soldiers Prevention Act of 2008 (Title IV of P.L. 110-457; 22 U.S.C. 2370c to
2370c-2) also established security assistance restrictions on countries that are engaged in or support armed groups that
use or recruit child soldiers, subject to certain waivers and exceptions.
12 See CRS In Focus IF10116, Crisis in Mali, by Alexis Arieff.
13 Treasury, Treasury Sanctions Individuals for Prolonging Violence and Threatening Humanitarian Assistance in
Mali, press release, December 20, 2019. These individuals are also subject to multilateral sanctions pursuant to U.N.
Security Council Resolutions, although sanctions criteria may differ from U.S. sanctions.
14 See CRS Report R44018, Burundi’s Political Crisis: In Brief, by Alexis Arieff; CRS In Focus IF11171, Crisis in the
Central African Republic, by Alexis Arieff and Tomás F. Husted; CRS Report R43166, Democratic Republic of
Congo: Background and U.S. Relations, by Alexis Arieff; CRS In Focus IF10116, Crisis in Mali, by Alexis Arieff;
CRS In Focus IF10155, Somalia, by Lauren Ploch Blanchard; and CRS In Focus IF10218, South Sudan, by Lauren
Ploch Blanchard.
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Sanctions Programs Targeting Human Traffickers: In Brief

for Burundi, the Central African Republic (CAR), the Democratic Republic of the Congo (DRC),
Mali, Somalia, and South Sudan authorize the designation of persons involved in the recruitment
or use of child soldiers, among other criteria, in the context of conflict and instability affecting
these countries.15 Armed groups designated by OFAC under these sanctions programs, and
described by OFAC as recruiting and using child soldiers, include the Democratic Forces for the
Liberation of Rwanda (FDLR, after its French acronym), the “M23” rebel movement in DRC, the
Allied Democratic Forces (ADF) rebel movement in DRC,16 and the Lord’s Resistance Army
(LRA) in central Africa.17
Sudan and Slavery. E.O. 13067 of November 3, 1997, declared that the prevalence of human
rights violations in Sudan, including slavery, among other policies and actions of the government
of Sudan, constituted a U.S. national security and foreign policy threat, and declared a national
emergency to deal with that threat, including certain economic sanctions. E.O. 13761 of January
13, 2017, lifted sanctions previously imposed on Sudan but stated that the national emergency
remained in effect.
North Korea and Forced Labor.18 Forced labor, also known as labor trafficking, is considered a
form of human trafficking. Section 104(a) of the North Korea Sanctions and Policy Enhancement
Act of 2016 (P.L. 114-122; 22 U.S.C. 9214) authorizes designating persons involved in the
operation and maintenance of forced labor camps. In addition, E.O. 13722 of March 15, 2016,
authorizes designating persons involved in “the exportation of workers from North Korea,” a step
taken by the United States to implement U.N. Security Council requirements aimed at denying
the North Korean government a source of revenue. Persons designated for sanction and described
by OFAC as playing a role in forced labor include North Korea’s head of state Kim Jong Un, the
Ministry of Labor, the Ministry of People’s Security’s Correctional Bureau, and two firms,
including a Russian construction company, responsible for “the exportation of forced labor from
North Korea, including exportation to generate revenue for the Government of North Korea or
Workers’ Party of Korea.”19

15 E.O. 13712 of November 22, 2015 (Burundi); E.O. 13667 of May 12, 2014 (CAR); E.O. 13413 of October 27, 2006,
as amended by E.O. 13671 of July 8, 2014 (DRC); E.O. 13882 of July 26, 2019 (Mali); E.O. 13620 of July 20, 2012
(Somalia); and E.O. 13664 of April 3, 2014 (South Sudan).
16 The Allied Democratic Forces (ADF) was first designated under E.O. 13413 of October 27, 2006 (DRC);
subsequently the U.S. government redesignated the group as an Islamic State affiliate as a Foreign Terrorist
Organization (FTO) and under E.O. 13224 of September 23, 2001 (Specially Designated Global Terrorist). See State
Department, “State Department Terrorist Designations of ISIS Affiliates and Leaders in the Democratic Republic of the
Congo and Mozambique,” March 10, 2021.
17 Treasury, Treasury Department Designates Militant Groups in the DRC, press release, January 1, 2013; Treasury
Sanctions Rebel Group Responsible for Targeting Civilians in the Democratic Republic of Congo, press release, July 1,
2014; and Treasury Sanctions the Lord’s Resistance Army and Founder Joseph Kony, press release, March 8, 2016.
Some individuals linked to these and other groups have also been described as engaged in the recruitment and use of
child soldiers. For example, see Treasury, Treasury Designates Congolese Militant Leader, press release, November
13, 2012; Treasury Designates Leaders of Congolese Militant Group M23, press release, December 18, 2012; and
Treasury Sanctions Individuals Destabilizing the Eastern Democratic Republic of the Congo, press release, February 5,
2018. These groups are also subject to multilateral sanctions pursuant to U.N. Security Council Resolutions, although
sanctions criteria may differ from U.S. sanctions.
18 See CRS Report R41438, North Korea: Legislative Basis for U.S. Economic Sanctions, by Dianne E. Rennack.
19 According to OFAC press releases, Kim Jong Un and the Ministry of People’s Security’s Correctional Bureau was
designated pursuant to E.O. 13722 for having engaged in, facilitated, or been responsible for an abuse or violation of
human rights; the Ministry of Labor was designated pursuant to E.O. 13722 as a North Korean government agency,
instrumentality, or controlled entity. See Treasury, Treasury Sanctions North Korean Senior Officials and Entities
Associated with Human Rights Abuses, press release, July 6, 2016; Treasury Sanctions Additional North Korean
Officials and Entities in Response to the Regime’s Serious Human Rights Abuses and Censorship Activities, press
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Sanctions Programs Targeting Human Traffickers: In Brief

Other Sanctions Targeting Persons Engaged in Human Trafficking
Additional sanctions programs administered by OFAC address broader categories of concern,
under which human trafficking activities may be ancillary (but not a specific criterion for
designation). In some cases, as described below, OFAC press releases indicate a designated
person’s involvement in human trafficking; in other cases, details pertaining to a designated
person’s role in human trafficking may not be known or publicized.
Criminal Activity and Related Abuses. Human trafficking can be a form of transnational crime.
It may be facilitated by individuals or groups involved with other illegal activities, including drug
trafficking, organized crime, corruption, and certain acts of violence. Several OFAC-administered
sanctions programs address various forms of transnational criminal activity, including those
established by the Foreign Narcotics Kingpin Designation Act (Kingpin Act); E.O. 13581 of July
24, 2011 (Transnational Criminal Organizations); and E.O. 13818 of December 20, 2017 (Global
Magnitsky).20 OFAC has described the following sanctions designees as having engaged in
human trafficking:
 Peralta Drug Trafficking Organization, which reportedly trafficked women in
addition to engaging in other criminal activities in the Dominican Republic and
the United States (designated under the Kingpin Act).21
 Yakuza, comprising the major Japanese organized crime syndicates, which
reportedly profit from multiple forms of sexual exploitation, including human
trafficking, among other crimes (designated under E.O. 13581).22
 Mara Salvatrucha (MS-13), a transnational gang with members spanning El
Salvador, Guatemala, Honduras, and the United States and described as engaged
in domestic sex trafficking, among other crimes (designated under E.O. 13581).23
 Zhao Wei Transnational Criminal Organization, based in Laos, which has
reportedly engaged in human trafficking, including child prostitution, through a
casino it controls (designated under E.O. 13581).24
 Wan Kuok Koi, also known as Broken Tooth, a member of the Chinese criminal
organization 14K Triad, which reportedly engages in human trafficking and other
criminal activities (designated under E.O. 13818).25

release, October 26, 2017; and Treasury Sanctions Entities Involved in Exporting Workers from North Korea, press
release, November 19, 2020.
20 See CRS In Focus IF10909, International Narcotics Trafficking Sanctions: An Overview, by Liana W. Rosen, and
CRS In Focus IF10576, The Global Magnitsky Human Rights Accountability Act, by Michael A. Weber and Edward J.
Collins-Chase.
21 Treasury, “Treasury Designates Dominican Republic-Based Peralta Drug Trafficking Organization Under the
Kingpin Act,” August 20, 2019.
22 Treasury, Fact Sheet: New Executive Order Targets Significant Transnational Criminal Organizations, press release,
July 25, 2011.
23 Treasury, Treasury Sanctions Latin American Criminal Organization, press release, October 11, 2012.
24 Treasury, Treasury Sanctions the Zhao Wei Transnational Criminal Organization, press release, January 30, 2018.
25 Treasury, Treasury Sanctions Corrupt Actors in Africa and Asia, press release, December 9, 2020.
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Xinjiang Uyghur Autonomous Region and Human Rights Abuses26
In addition to being a criminal concern, human trafficking is a human rights concern. A July 2020 joint advisory
issued by the Departments of State, Commerce, Homeland Security, and the Treasury described supply chain risks
associated with entities operating in Xinjiang and elsewhere in China that “engage in human rights abuses, including
forced labor.”27 To date, OFAC has designated eight individuals and two entities under E.O. 13818 (Global
Magnitsky) in relation to human rights abuses in Xinjiang.28 In press releases for some of these designations, OFAC
referred to the joint advisory. Other U.S. government actions have also addressed forced labor in Xinjiang.29
Terrorists and Other Armed Groups. As in the case of armed groups associated with conflict or
terrorism in the African countries listed above, other foreign nonstate armed groups may engage
in human trafficking, particularly the recruitment and use of child soldiers and sex slavery. OFAC
has designated such groups under a variety of sanctions programs, including E.O. 13224 of
September 23, 2001, which established the Specially Designated Global Terrorist (SDGT)
designation. For example, OFAC has designated the following persons:
 Aqsa Mahmood was designated for her role as a member of the Islamic State (IS,
aka ISIS/ISIL), a Foreign Terrorist Organization (FTO) also designated under
E.O. 13224;30 OFAC described her as having managed IS brothels of Yazidi sex
slaves in Raqqa, Syria.31
 The Basij Resistance Force was designated for its association with Iran’s Islamic
Revolutionary Guard (IRGC) and support to the Qods Force (IRGC-QF), both of
which are also designated as FTOs and sanctioned under multiple programs;32
according to OFAC, this group is involved in the recruitment and use of child
soldiers.33
 The Fatemiyoun Division and Zaynabiyoun Brigade were designated for their
association with the IRGC-QF;34 according to OFAC, these groups are involved
in the recruitment and use of child soldiers.35

26 See CRS In Focus IF10281, China Primer: Uyghurs, by Thomas Lum and Michael A. Weber.
27 U.S. Departments of State, the Treasury, Commerce, and Homeland Security, Risks and Considerations for
Businesses with Supply Chain Exposure to Entities Engaged in Forced Labor and Other Human Rights Abuses in
Xinjiang, Xinjiang Supply Chain Business Advisory, July 1, 2020.
28 Treasury, Treasury Sanctions Chinese Entity and Officials Pursuant to Global Magnitsky Human Rights
Accountability Act, press release, July 9, 2020; Treasury Sanctions Chinese Entity and Officials Pursuant to Global
Magnitsky Human Rights Executive Order, press release, July 31, 2020; Treasury Sanctions Chinese Government
Officials in Connection with Serious Human Rights Abuse in Xinjiang, press release, March 22, 2021.
29 See, for example, U.S. Department of Commerce, Bureau of Industry and Security, “Addition of Certain Entities to
the Entity List; Revision of Existing Entries on the Entity List,” 85 Federal Register 44159, July 22, 2020, and U.S.
Customs and Border Protection, CBP Issues Region-Wide Withhold Release Order on Products Made by Slave Labor
in Xinjiang, press release, January 13, 2021.
30 See CRS Report R43612, The Islamic State and U.S. Policy, by Christopher M. Blanchard and Carla E. Humud.
31 Treasury, Treasury Sanctions Major Islamic State of Iraq and the Levant Leaders, Financial Figures, Facilitators,
and Supporters, press release, September 29, 2015.
32 See CRS Report RL32048, Iran: Internal Politics and U.S. Policy and Options, by Kenneth Katzman.
33 Treasury, Treasury Sanctions Vast Financial Network Supporting Iranian Paramilitary Force that Recruits and
Trains Child Soldiers, press release, October 16, 2018.
34 See CRS Report RL32048, Iran: Internal Politics and U.S. Policy and Options, by Kenneth Katzman.
35 Treasury, Treasury Designates Iran’s Foreign Fighter Militias in Syria along with a Civilian Airline Ferrying
Weapons to Syria, press release, January 24, 2019.
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Sanctions Programs Targeting Human Traffickers: In Brief

 Abdallah Muhammad Bin-Sulayman al-Muhaysini was designated for his role in
the inner leadership circle of Al Nusrah Front, another FTO designated under
E.O. 13224;36 according to OFAC, he reportedly sought to recruit thousands of
children and teenagers as soldiers from northern Syria for Al Nusrah.37
Other designated persons may be known for their participation in armed groups associated with
human trafficking but may be designated by OFAC for other reasons and without specific
reference to their role in human trafficking. One of the earliest examples of this kind of
designation is Dragoljub Kunarac, who was sanctioned under E.O. 13304 of May 28, 2003
(Balkans-related). Kunarac, the commander of a special volunteer unit of Serb soldiers, was
convicted by the International Criminal Tribunal for the former Yugoslavia for crimes including
enslavement.38 In addition, OFAC has designated the Somalia-based terrorist organization Al
Shabaab; other armed groups in Africa, such as the Janjaweed militias and the Sudan People’s
Liberation Army (SPLA); and individuals for links to Houthi rebel forces in Yemen. Although the
State Department has described these persons as involved in the recruitment and use of child
soldiers, such activity does not appear to be the direct basis for their designations.39
OFAC Designations Linked to
Migrant Smuggling, Organ Trafficking, and Illegal Adoptions
The TVPA definition of “severe forms of trafficking in persons” does not necessarily include illegal smuggling of
migrants, organ trafficking, and illegal adoptions. In some cases (as described below), OFAC has sanctioned
persons for these activities.

Migrant Smuggling. Migrant smuggling differs from human trafficking due to the voluntary nature of
agreements between individuals and smugglers for illegal transport. According to the State Department,
people who are smuggled may be vulnerable to human trafficking due to their illegal presence in a
country and indebtedness to their smuggler.40 Ermias Ghermay, Musab Abu Grein, Abd al-Rahman Milad,
Mohamed Koshlaf, Abd al-Razzak Fitwi, and Ahmed Dabbashi were designated for their involvement in
the smuggling of migrants in Libya (designated under E.O. 13726, on Libya).41

Organ Trafficking. The trade in human organs is not in itself considered a severe form of human
trafficking, as defined in the TVPA. According to international law, the removal of organs may be a
purpose of human trafficking—for example, when a trafficker uses force, coercion, abduction, fraud,
deception, abuse of power, or position of vulnerability to exploit a victim.42 OFAC designated Mukhtar
Hamid Shah for trafficking in human kidneys in Pakistan (designated under E.O. 13818).43

36 See CRS Report RL33487, Armed Conflict in Syria: Overview and U.S. Response, coordinated by Carla E. Humud.
37 Treasury, Treasury Designates Key Al-Nusrah Front Leaders, press release, November 10, 2016.
38 International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Forer Yugoslavia since 1991, Prosecutor v. Gragoljub Kunarac,
Radomir Kovac, and Zoran Vukovic, Judgement, June 12, 2002.
39 See U.S. Department of State, 2020 Country Reports on Human Rights, March 2021; Trafficking in Persons Report,
June 2007, 2017, and 2020.
40 U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, Human Trafficking & Migrant
Smuggling: Understanding the Difference, June 2017.
41 Treasury, Treasury Sanctions Six Migrant Smugglers for Threatening Libya’s Peace, Security, or Stability, press
release, June 11, 2018.
42 U.S. Department of State, “What is NOT Trafficking in Persons?” Trafficking in Persons Report, June 2010; see also
Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention Against Transnational Organized Crime, November 15, 2000.
43 Treasury, United States Sanctions Human Rights Abusers and Corrupt Actors Across the Globe, press release,
December 21, 2017.
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
Illegal Adoptions. Illegal adoptions, unless for the purpose of exploitation of the child, are not
considered human trafficking under the TVPA definition.44 Moses Mukiibi, Wilson Musalu Musene, Dorah
Mirembe, and Patrick Ecobu were designated for their roles in a scheme that in some cases manipulated
Ugandan parents into sending their children away for supposed education programs, when in fact the
children were subsequently made available for adoption by American parents (designated under E.O.
13818).45
Congressional Outlook
Through oversight activity and recently enacted legislation, Congress has sought to examine the
role of illicit finance in human trafficking and to strengthen U.S. responses to associated financial
crimes. As part of its oversight role, Congress has held hearings related to human trafficking and
its implications for illicit finance.46 In the 116th Congress, the National Defense Authorization Act
(NDAA) for Fiscal Year 2020 (P.L. 116-92) contained provisions on countering illicit finance
aspects of human trafficking.47 Division F of the FY2021 NDAA, the Anti-Money Laundering
Act of 2020 (P.L. 116-283), further sought to bolster U.S. responses to financial crimes, including
provisions relating to FinCEN’s staffing and liaison offices. Authorizations of appropriations
pursuant to the TVPA, as amended (most recently by the Frederick Douglass Trafficking Victims
Prevention and Protection Reauthorization Act of 2018; P.L. 115-425), are set to expire at the end
of FY2021.
Members of the 117th Congress have introduced several bills related to Treasury’s role in
combating human trafficking, including the following:
 The End Banking for Human Traffickers Act of 2021 (H.R. 808) would require
analyses by the Federal Financial Institutions Examination Council and the PITF

44 U.S. Department of State, “Illegal Adoption, Baby Selling, and Human Trafficking,” Trafficking in Persons Report,
June 2005.
45 Treasury, Treasury Sanctions Four Ugandans for Involvement in False Adoption Scam, press release, August 17,
2020.
46 The House Financial Services Subcommittee on Oversight and Investigations held a hearing on “Following the
Money: How Human Traffickers Exploit U.S. Financial Markets,” on January 30, 2018; the Senate Banking, Housing,
and Urban Affairs Subcommittee on National Security and International Trade and Finance held a hearing on “Human
Trafficking and the Intersection with Our Financial System” on September 3, 2019; and the House Financial Services
Subcommittee on National Security, International Development and Monetary Policy held hearings on “The
Traffickers’ Roadmap: How Bad Actors Exploit Financial Systems to Facilitate the Illicit Trade in People, Animals,
Drugs, and Weapons” on March 4, 2020, and “Ending Exploitation: How the Financial System Can Work to Dismantle
the Business of Human Trafficking,” on March 25, 2021. See also the Tom Lantos Human Rights Commission hearing
on “The Trafficking Victims Protection Act at 20: A Look Back—and a Look Ahead” on January 15, 2020.
47 See for example, Section 7154(a) of the National Defense Authorization Act for Fiscal Year 2020 (P.L. 116-92),
which required the Departments of State and the Treasury to submit to Congress an “an analysis of anti-money
laundering efforts of the United States Government, United States financial institutions, and international financial
institutions … related to human trafficking.” The required report, An Analysis of Anti-Money Laundering Efforts
Related to Human Trafficking, was published on October 7, 2020. More information on Treasury’s role in combating
human trafficking may be forthcoming, as Section 7154(b) of P.L. 116-92 further amended the TVPA to add “the
efforts of the United States to eliminate money laundering related to human trafficking and the number of
investigations, arrests, indictments, and convictions in money laundering cases with a nexus to human trafficking” as a
topic to be included in annual reporting on federal agency efforts to counter human trafficking. See also U.S. Congress,
Senate Appropriations, Departments of Commerce and Justice, Science, and Related Agencies Appropriations Bill,
2018, report to accompany S. 1662, 115th Cong., 1st sess., July 27, 2017, S.Rept. 115-139, p. 59, which required the
Department of Justice to convene a senior interagency working group and report to Congress with recommendations.
The report, Task Force on Human Trafficking in Fishing in International Waters, was published in January 2021.
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Sanctions Programs Targeting Human Traffickers: In Brief

on anti-money laundering efforts relating to human trafficking by the U.S.
government and U.S. financial institutions, in addition to other provisions.
 The Uyghur Forced Labor Prevention Act (H.R. 1155) would require the
President to report to Congress on foreign persons determined to engage in
forced labor in Xinjiang, and to impose sanctions again those individuals, subject
to national waivers, in addition to other provisions.
 The Treasury Human Trafficking Coordinator Act (a House Financial Services
Committee discussion draft) would establish a Coordinator for Human Trafficking Issues
within Treasury.48 The coordinator would promote human trafficking issues within the
department, consult with nongovernmental organizations, and serve as the principal
advisor to the Secretary of the Treasury on human trafficking issues, in addition to other
responsibilities.
As Congress considers pending legislation and annual appropriations for OFAC’s sanctions
efforts, Members may weigh views from civil society and advocacy organizations, as well as law
enforcement, AML professionals, and financial institutions regarding the pros and cons of
responding to human trafficking concerns with sanctions.49 Members may also consider the
experiences of others in the international community, including in particular the European Union
and United Kingdom, in attempting to deter human traffickers through economic sanctions.50 In
doing so, Congress may further explore the following issues.
 To what extent has the executive branch used authorities granted by Congress to
deter global trafficking in persons via sanctions?
 What is the best way to evaluate the impact and effectiveness of sanctions
programs and designations that have a human trafficking component?
 What lessons could the United States learn from the experiences of others in the
international community to sanction human traffickers?
 Is the level of personnel and other resources devoted to enforcing sanctions
designations pertaining to human trafficking appropriate to the level of
congressional prioritization of this issue?

48 This and other human trafficking-related draft bills under consideration by the House Financial Services Committee
are posted online at https://financialservices.house.gov/calendar/eventsingle.aspx?EventID=402072. Other related draft
bills that have not been introduced in the 117th Congress, but posted on this House Financial Services Committee
webpage include H.R. ___, the Uyghur Forced Labor Disclosure Act; H.R. ___, the Restoring Unfairly Impaired Credit
and Protecting Consumers Act; H.R. ___, the Including of Tribal Governments and Territories in the National Money
Laundering Strategy Act; and H.R. ___, the Organ Trafficking and SARs Form Act.
49 See for example, International Corporate Accountability Roundtable and The Enough Project, U.S. Sanctions
Regimes & Human Rights Accountability Strategies, June 2018; Jonathan Masters, What Are Economic Sanctions?
Council on Foreign Relations, updated August 12, 2019; Jamille Bigio and Rachel Vogelstein, The Security
Implications of Human Trafficking, Council on Foreign Relations Discussion Paper, October 2019; Alena Douhan, Why
Sanctions Should Be a Key Issue in this US Election, The New Humanitarian, October 22, 2020.
50 Foreign, Commonwealth & Development Office, Global Human Rights Sanctions: Consideration of Designations,
July, 6, 2020; Global Initiative Against Transnational Organized Crime, Sanctions: A new UK Tool Against Organized
Crime? August 10, 2020; Law Library of Congress, “European Union: Global Human Rights Sanctions Regime Enters
into Force,” Global Legal Monitor, January 12, 2021; European External Action Service, “Questions and Answers: EU
Global Human Rights Sanctions Regime,” press release, July 12, 2020.
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Sanctions Programs Targeting Human Traffickers: In Brief

Author Information

Liana W. Rosen
Katarina C. O'Regan
Specialist in International Crime and Narcotics
Analyst in Foreign Policy

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