U.S. Department of State

Amendments

Introduction

The related global problems of migrant smuggling, trafficking in persons and clandestine terrorist travel are increasingly significant both in terms of the human tragedy they represent and their impact on national security, primarily with respect to terrorism, crime, health and welfare, and border control. Notwithstanding recent progress in combating these global problems, there remains additional work to be done before the U.S. Government response effort is fully commensurate with the seriousness of these national security threats. Furthermore, the attacks of September 11, 2001 and the war on terrorism have necessitated a reappraisal of the United States Government's response to terrorist travel and the role of the Human Smuggling and Trafficking Center ("The Center").

One clear need is to improve the effectiveness of ongoing interagency efforts, particularly in supporting the conversion of intelligence into appropriate enforcement and other response actions. With this in mind, the Secretary of State, the Secretary of Homeland Security and the Attorney General are hereby jointly re-establishing the Human Smuggling and Trafficking Center to achieve greater integration and overall effectiveness in U.S. Government enforcement and other response efforts and to promote intensified efforts by foreign governments and international organizations to combat these problems.

Background

While at their core distinct phenomena, the global problems of migrant smuggling, trafficking in persons and clandestine terrorist travel share a number of characteristics, particularly the underlying organized crime activity and the human suffering experienced by those who are victims. Each year, hundreds of thousands of illegal migrants are moved by international smuggling organizations, often in harsh or even inhuman transit conditions, from their countries of origin to the United States. UN estimates indicate that human smuggling has grown to a $10 billion per year global criminal industry. Concern is growing that terrorist organizations have tapped or will tap into this global criminal infrastructure. Alien smugglers and fraudulent document providers use their skills to facilitate the movement of terrorists across international borders. Trafficking in persons, with women and children the predominant targets of criminal enterprises occurs both within countries and across borders. It involves an estimated 800,000 to 900,000 individuals trafficked across international borders each year. The U.S. Government estimates 18,000 to 20,000 victims are trafficked to the United States annually. These victims are typically forced, coerced or lured through fraud into slavery-like conditions.

Migrant smuggling, trafficking in persons and clandestine terrorist travel are transnational issues that threaten national security. They also raise significant human rights and rule of law concerns. In addition, these problems often involve facilitation by corrupt foreign officials, thereby eroding democratic institutions.

The U.S. Government has been seeking to counter the criminal smuggling and trafficking enterprises, both domestically and internationally, with increasing success. However, the federal agencies involved have all acknowledged that intensified efforts, together with enhanced interagency coordination, are urgently needed to support more effective law enforcement, diplomatic and other actions to counter smugglers and traffickers.

National Policy

Current U.S. Government policy calls for sustained and coordinated federal agency efforts to address migrant smuggling, trafficking in persons, and clandestine terrorist travel as a matter of national priority. Relevant authorities in this context include the following:

• Presidential Directive on Procedures for Dealing with Non-Military Incidents (PD-27), January 19, 1978;
• PDD/NSC-9, Alien Smuggling, June 18, 1993;
• Presidential Memorandum on Deterring Illegal Immigration, February 7, 1995;
• PDD/NSC-35, Intelligence Priorities, March 2, 1995;
• PDD/NSC-42, International Organized Crime, October 21, 1995;
• Presidential Executive Memorandum on Steps to Combat Violence Against Women and Trafficking in Women and Girls, March 11, 1998;
• President's International Crime Control Strategy, May 1998;
• Victims of Trafficking and Violence Protection Act of 2000, Pub.L. 106-386;
• Presidential Statement of December 15, 2000
• Homeland Security Presidential Directive - 2, October 29, 2001
• President's National Security Strategy, September 2002;
• National Security Presidential Directive on Combating Trafficking in Persons (NSPD-22), December 2002;
• National Strategy for Combating Terrorism, February 2003; and
• Trafficking Victims Protection Reauthorization Act of 2003, Pub.L. 108-193.

Definitions

Key terms used in this charter are defined as set forth below:

• Community of Interest: All of the U.S. Government agencies, including missions abroad, having policy, law enforcement, intelligence, diplomatic and/or administrative responsibilities related to migrant smuggling and/or trafficking in persons; the community of interest includes, but is not limited to, the following: (1) the Departments of State, Defense, Homeland Security, Justice and Labor; (2) various federal law enforcement agencies, including the Directorate of Border and Transportation Security, the Federal Bureau of Investigation, the Coast Guard, and the Diplomatic Security Service; and (3) several national intelligence agencies, including the Central Intelligence Agency and the National Security Agency.

• Foreign Terrorist Tracking Task Force: Interagency organization established to provide information that helps keep foreign terrorists and their supporters out of the United States or leads to their exclusion, removal, surveillance, or prosecution.

• President's Interagency Task Force to Monitor and Combat Trafficking in Persons: The cabinet-level interagency task force established pursuant to the Victims of Trafficking and Violence Protection Act of 2000 and Executive Order 13257.

• Senior Policy Operating Group (SPOG): Interagency group consisting of senior officials designated as representatives of the appointed members of the President's Interagency Task Force to Monitor and Combat Trafficking in Persons. The SPOG includes representatives from the Department of State (DOS), Department of Justice (DOJ), Department of Labor (DOL), Health and Human Services (HHS), Central Intelligence Agency (CIA), Office of Management and Budget (OMB), Agency for International Development (AID), and Department of Homeland Security (DHS), under the leadership of the Department of State's Director of the Office to Monitor and Combat Trafficking in Persons. The SPOG coordinates agency activities regarding policies involving international trafficking in persons.

• Migrant Smuggling: The procurement of the illegal entry of a person into a country of which the person is not a national or a permanent resident. Illegal entry means crossing borders without complying with the necessary requirements for legal entry into the relevant country. Note: this definition is derived from that provided in the text of the relevant protocol to the United Nations Convention Against Transnational Organized Crime, 8 U.S.C. 1324.

• Migrant Smuggling and Trafficking Interagency Working Group: The interagency working group established by the National Security Council's Policy Coordination Committee on International Crime as a forum for coordinating increased interagency efforts against the migrant smuggling problem. This working group is co-chaired by the Departments of State and Justice.

• Office to Monitor and Combat Trafficking in Persons: The office, which was created pursuant to the Victims of Trafficking and Violence Protection Act, that is responsible for supporting the work of the Presidents Interagency Task Force to Monitor and Combat Trafficking in Persons and the Senior Policy Operating Group.

• *Severe Forms of Trafficking in Persons: 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 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. Note: This definition is derived from that provided in the Trafficking Victims Protection Act of 2000, Pub.L106-386. *For purposes of this document the term trafficking in persons will be used.

• Trafficking in Persons and Worker Exploitation Task Force: The interagency task force, established by the Attorney General and the Secretary of Labor, which has specific responsibility for coordinating investigations and prosecutions of trafficking in persons cases across the United States.

• Clandestine Terrorist Travel: Traveling under the radar in true name or in alias in support of a terrorist operation often with the help of the illicit travel, which can either be terrorist or criminal networks.

Purpose

The Center shall provide information in support of the U.S. strategy to counter migrant smuggling and trafficking of persons, which consists of three primary objectives: (1) prevention and deterrence of smuggling and related trafficking activities; (2) investigation and prosecution of the criminals involved in such activity; and (3) protection of and assistance for victims as provided in applicable law and policy. This three-part, interrelated strategic agenda has both domestic and international components.

The Center is a voluntary joint venture of its participating agencies to foster greater integration and overall effectiveness in U.S. Government enforcement, diplomatic and other response efforts; intensify efforts by foreign governments and international organizations; and to combat migrant smuggling, trafficking in persons, and clandestine terrorist travel. This initiative brings together federal agency representatives from the policy, law enforcement, intelligence, and diplomatic arenas to work together on a full-time basis to achieve increased progress in addressing these problems, particularly in terms of converting intelligence into effective enforcement and other response actions to further the strategic objectives identified above.

The Center will make full use of all-source migrant smuggling, trafficking in persons, and clandestine terrorist travel information in order to form the most comprehensive possible picture for the community of interest. It will have no independent authority to directly conduct intelligence collection or other operations, however it may influence collection strategies. Any tasking of the Intelligence Community will rely on the underlying authorities of the participating agencies.

The Center will create a structure to institutionalize sharing across agency lines of intelligence regarding migrant smuggling, trafficking in persons, and clandestine terrorist travel.

The Center shall promote and encourage collaborative relationships with appropriate foreign authorities.

The Center's efforts will be fundamentally supportive rather than directive in nature, consisting primarily of: facilitating the dissemination of intelligence; preparing strategic assessments; identifying issues that would benefit from enhanced interagency coordination and/or attention; and coordinating or otherwise supporting agency or interagency efforts in appropriate cases. To perform these functions, the Center will need to ensure its access to relevant U.S. Government information, both through established regular channels and through the ongoing interaction of professional staff provided by their parent agencies.

The Center will not have policy-making authority; however, it is expected that the Center, by performing the functions elaborated below, will both inform and influence the relevant policy-making processes within the purview of key agency officials and existing interagency forums.

The Center's purview will be inclusive, rather than exclusive. It will cover the entire realm of migrant smuggling, false documents, trafficking in persons and clandestine travel.

Functions

The Center - relying on full-time staff and extensive interagency consultations to integrate all of the relevant perspectives on the related problems of migrant smuggling, trafficking in persons, and clandestine terrorist travel - will perform the following principal functions:

1. Facilitate Broad Dissemination of All-Source Information: Subject to the applicable originator and classification restraints, and to essential compartmentation procedures, the Center will serve as an all-source information fusion center and clearinghouse, with a view to ensuring that the entire community of interest receives all useful information relating to migrant smuggling, trafficking in persons and clandestine terrorist travel. This function will allow the Center to foster a collaborative environment through enhanced interaction, information sharing and synergy among U.S. officials involved in the fight against migrant smuggling, trafficking, and clandestine travel. Examples of relevant information include: law enforcement tactical and operational information; strategic national intelligence; overviews of current federal laws, policies and guidelines; contact lists for key federal agency personnel; "early warning" and update bulletins on emerging policy, law enforcement and other developments; and public and diplomatic outreach materials.

   
   The Center will actively promote cooperative information sharing relationships with officials and agencies of foreign authorities that share our immigration and national security concerns, as appropriate. The Steering Group shall decide any questions as to appropriateness. The Center will also encourage intelligence agencies and other originators to disseminate, to the maximum extent possible, actionable information to all of the officials and agencies in a position to take effective enforcement action, to include officials and agencies of foreign governments in appropriate circumstances.

   
   Note: Information provided in accordance with applicable law to the Center and other recipients by intelligence community agencies, whether provided for intelligence purposes or to assist law enforcement, may be used only to develop potential investigative leads, and may not be further disseminated to law enforcement field offices except per procedures and in formats prescribed by the originating intelligence agencies. Such information cannot be used in affidavits or subpoenas, as evidence before grand juries or in court proceedings, or for other legal or judicial purposes except as may be authorized by the originating agency pursuant to applicable law.

2. Prepare Strategic Assessments: The Center will prepare periodic strategic assessments related to important aspects of all three problems. These comprehensive assessments will address such topics as: the principal global smuggling and trafficking organizations, to include the nature, scope and significance of their activities; the extent of progress in disrupting or dismantling key smuggling and trafficking organizations; proven law enforcement and other approaches for countering these problems; vulnerabilities; opportunities for action, and current trends and predictions. All such assessments will be provided to the relevant agencies and interagency centers and organizations, as appropriate.

   
   The primary purpose of these analytic efforts will be to inform the deliberations of those agencies and interagency bodies which carry out specific responsibilities for: developing and refining anti-smuggling/trafficking policy and initiatives with intelligence, law enforcement and/or related diplomatic dimensions; identifying and prioritizing the targets of law enforcement and law enforcement-related strategies; and allocating the resources to implement such strategies. It is expected that these assessments will prove particularly useful to the relevant agencies, interagency groups and task forces having responsibility to establish U.S. Government priorities with respect to migrant smuggling and trafficking in persons, respectively.

3. Identify Issues for Possible Enhanced Interagency Coordination/Attention: The Center will identify issues that might benefit from enhanced interagency coordination and/or attention. These issues will be referred to the relevant agencies and/or interagency bodies for consideration and action, as appropriate. The issues may include any topic related to migrant smuggling, trafficking in persons, and illicit terrorist travel support.

4. Coordinate Select Initiatives and Provide Other Support: Where appropriate, and only upon the request of the relevant member(s) of the community of interest, the Center may coordinate anti-smuggling, anti-trafficking, or anti-illicit travel initiatives and any response actions. Specific contexts in which Center coordination might prove advantageous include: establishing cooperative partnerships with select foreign governments to deter, disrupt and dismantle criminal enterprises involved in migrant smuggling, fraudulent document production, and/or human trafficking activity; planning and monitoring progress of certain operations with intelligence, enforcement and diplomatic dimensions; and supporting public outreach efforts initiated by the appropriate members of the community of interest.

Steering Group

A Steering Group will be established to provide policy and administrative guidance and oversight for the Center. The Steering Group will ensure that the Center operates in a manner that is consistent with Constitutional liberties and national security requirements. Current privacy and other legal protections will apply to the Center.

The Steering Group will be co-chaired by senior representatives of the Secretary of State, the Secretary of Homeland Security and the Attorney General. The other members will be appointed by the following agencies: two representatives from the Department of State; two representatives from the Department of Homeland Security; two representatives from the Department of Justice; two representatives from the Central Intelligence Agency; and one representative from the National Security Agency. The Director of Central Intelligence in consultation with the Director of the National Security Agency shall appoint the representatives from the Intelligence Community.

The Steering group shall be responsible for adding or otherwise adjusting participation of the body. It shall also be responsible for approving any future amendments to the Charter.

Budget

The Department of State, Bureau of International Narcotics and Law Enforcement Affairs, shall provide administrative support and funding required to set up and maintain the Center, including funds for office space, operating expenses and support staff. As required by the Economy Act, the Department of Justice and Department of Homeland Security will reimburse the Department of State for the actual costs of those portions of administrative support and operating expenses used to provide goods and services to them through the Center. Agencies participating in the Center shall by mutual agreement provide funding for the production of goods and services by the Center to support activities which fall within each respective agency's authorities and responsibilities. Continued participation in the Center shall be subject to the availability of funds.

The Department of State, Department of Justice, Department of Homeland Security and other members of the community of interest will provide the numbers and types of personnel needed pursuant to their respective authorities to work at, or in collaboration with, the Center. Each agency providing personnel will pay the salaries, benefits, travel expenses, and allowances of the assigned personnel.

Staff

The principal determinant of the success of the Center will be its ability to draw on and integrate the diverse experience and perspectives of its full-time staff. With this in mind, it is critical that key members of the community of interest provide well-qualified personnel to the Center.

The Director of the Center will be a senior U.S. Government official who is accountable, through the Steering Group, to the Secretary of State, the Secretary of Homeland Security, and the Attorney General. The Director serves at the pleasure of the Steering Group. The first director will be nominated by the Secretary of Homeland Security and approved by the Steering Group. Thereafter, the responsibility for the nomination will rotate among the Secretary of State, the Attorney General and the Secretary of Homeland Security, with the Steering Group approving. Directors will serve for a term of three years, which may be extended for an additional two years with the approval of the Steering Group. The person nominated by the Secretary of State, the Attorney General or the Secretary of Homeland Security need not be from the agency that nominates him/her, and may include the person currently serving as Director.

The Deputy Director of the Center will be a U.S. Government official who serves at the pleasure of the Steering Group. The first Deputy Director will be nominated by the Secretary of State and approved by the Steering Group. Thereafter, the responsibility for the nomination will rotate among the Attorney General, the Secretary of Homeland Security and the Secretary of State, with the Steering Group approving. Deputy Directors will serve for a term of three years, which may be extended for an additional two years with the approval of the Steering Group. The person nominated by the Secretary of State, the Attorney General or the Secretary of Homeland Security need not be from the agency that nominates him/her, and may include the person currently serving as Deputy Director.

Unless waived by the co-chairs, the Director and the Deputy Director will not come from the same parent agency.

The Steering Group may add a second Deputy Director position from the Intelligence Community at a later date if conditions warrant. The Director of Central Intelligence in consultation with the Director of the National Security Agency will nominate a candidate for this position who will then be approved by the Steering Group.

Desk officers/analysts and other personnel shall be nominated by their parent agencies, and will then be approved by and accountable to the Director.

All personnel assigned to the Center will require TS/SCI clearance.

Office Space and Logistics Support

The Center will be housed in a Secure Compartmented Information Facility (SCIF) to ensure optimal access to and exchange of intelligence information. The Department of State Bureau of International Narcotics and Law Enforcement Affairs will provide suitable office space and other required logistics support.

Legal Issues

Legal issues and questions that arise in the course of Center activities will be referred to the appropriate legal advisors' offices of the Departments of State, Homeland Security, Justice and other relevant agencies in the community of interest. Questions on issues relating to foreign intelligence support of law enforcement activities will additionally be referred to the appropriate legal advisors' offices of the relevant originating intelligence agency. Matters involving international law, including obligations incurred under international agreements, shall also be referred to the Department of State Office of the Legal Adviser. Legal questions pertaining to potential criminal investigations and prosecutions shall be referred to the Department of Justice.

Approved by:

HUMAN SMUGGLING AND TRAFFICKING CENTER (HSTC)

Charter Amendments

Amendment #1:

The Charter for the Human Smuggling and Trafficking Center is hereby amended, effective as of October 1, 2006, as follows:

All references to "Department of State, Bureau for International Narcotics and Law Enforcement Affairs" shall be changed to "Department of State."

Amendment #2:

The Charter for the Human Smuggling and Trafficking Center is hereby amended, effective as of October 1, 2006, as follows:

The second paragraph of the Steering Group section shall be changed to read:

"The Steering Group will be co-chaired by senior representatives of the Secretary of Homeland Security, the Secretary of State and the Attorney General. The other members will be appointed by the following agencies: two representatives from the Department of Homeland Security; two representatives from the Department of State; two representatives from the Department of Justice; one representative from the Central Intelligence Agency; one representative from the National Counterterrorism Center; and one representative from the National Security Agency. The Director of National Intelligence, in consultation with the Directors of the National Security Agency, Central Intelligence Agency, and the National Counterterrorism Center, shall appoint the representatives from the Intelligence Community."

The section on Staff shall be changed to read:

"The principal determinant of the success of the Center will be its ability to draw on and integrate the diverse experience and perspectives of its full-time staff. With this in mind, it is critical that key members of the community of interest provide well-qualified personnel to the Center.

"The Director of the Center will be a senior U.S. Government official who is accountable, through the Steering Group, to the Secretary of Homeland Security, the Secretary of State, and the Attorney General. The Director serves at the pleasure of the Steering Group. The director shall be nominated by the Secretary of Homeland Security, via the Assistant Secretary of U.S. Immigration and Customs Enforcement, but need not be from that agency, and must be approved by the Steering Group. Directors will serve for a term of three years, which may be extended for an additional two years with the approval of the Steering Group.

"The Center will have two Deputy Directors. The Deputy Director for Policy, Programs and Administration will be a U.S. Government official who serves at the pleasure of the Steering Group. This Deputy Director shall be alternately nominated by the Secretary of State and Attorney General, but need not be from those agencies, and must be approved by the Steering Group.

"The Deputy Director for Intelligence will be a U.S. Government official from the Intelligence Community who serves at the pleasure of the Steering Group. The Director of National Intelligence, in consultation with the Directors of the National Security Agency, Central Intelligence Agency, and the National Counterterrorism Center, will nominate a candidate for this position, subject to approval by the Steering Group.

"Deputy Directors will serve for a term of three years, which may be extended for an additional two years with the approval of the Steering Group. Unless waived by the co-chairs, the Director and the Deputy Director will not come from the same parent agency.

"Desk officers/analysts and other personnel shall be nominated by their parent agencies, and will then be approved by and accountable to the Director. All personnel assigned to the Center will require TS/SCI clearance."

Amendment #3:

The Charter for the Human Smuggling and Trafficking Center is hereby amended, effective as of October 1, 2007, as follows:

The section on Budget shall be changed to read:

"The Department of Homeland Security, U.S. Immigration and Customs Enforcement, shall provide administrative support and funding required to maintain the Center, including funds for office space, operating expenses and support staff. As required by the Economy Act, the Department of Justice and Department of State will reimburse the Department of Homeland Security, U.S. Immigration and Customs Enforcement, for the actual costs of those portions of administrative support and operating expenses used to provide goods and services to them through the Center. Agencies participating in the Center shall by mutual agreement provide funding for the production of goods and services by the Center to support activities which fall within each respective agency's authorities and responsibilities. Continued participation in the Center shall be subject to the availability of funds.

"The Department of State, Department of Justice, Department of Homeland Security and other members of the community of interest will provide the numbers and types of personnel needed pursuant to their respective authorities to work at, or in collaboration with, the Center. Each agency providing personnel will pay the salaries, benefits, travel expenses, and allowances of the assigned personnel."

The section on Office Space and Logistics Support shall be changed to read:

"The Center will be housed in a Secure Compartmented Information Facility (SCIF) to ensure optimal access to and exchange of intelligence information. The Department of Homeland Security, U.S. Immigration and Customs Enforcement, will provide suitable office space and other required logistics support."