Transnational Human Trafficking—House Legislation

The United States House of Representatives have “overwhelmingly” passed a bill that provides “greater powers to prosecute American traffickers abroad and those who launder money through such illicit activities.”^[1] US contractors and federal employees—as well as their dependents—who are accused of human trafficking overseas can be prosecuted in US courts under the bill.^[2] In truth, as described, this sounds like nothing new. There are already many different statutes that address both human trafficking and sex tourism, and courts have already found that US citizens can be prosecuted for engaging in such crimes in other countries.^[3] While it is true that generally, if the United States wants to exercise jurisdiction over its citizens for crimes committed in foreign countries, Congress will need to “indicate[] clearly the extraterritorial character of the act at which punishment is aimed.”^[4] That is what this bill purports to do.

The legislation, H.R. 972, seems to be spurred by US military personnel in South Korea who have been accused of patronizing bars with women from the Philippines and Russia who had been forced into the sex trade.^[5] It was introduced by New Jersey Representative Chris Smith, and it finds that trafficking is quite prevalent in post-conflict environments,^[6] and that there is a need to ensure that international deployments of military and civilian peacekeepers and aid workers does not lead to an increase in the number of women and girls trafficked into prostitution.^[7]

To that end, the proposed legislation amends Title 18 of the US Code, by adding a new Chapter 212A, which makes jurisdiction over such acts clear.^[8] It will add a new statute, 18 U.S.C. § 3271, which states that any person, employed by or accompanying the Federal Government outside of the United States, who engages in conduct that would be a violation of chapters 77 or 117 of Title 18 if it had been committed within the US or the special maritime and territorial jurisdiction of the US, will be punished as provided by those offenses.^[9] However, no prosecution may be commenced if a foreign government, “in accordance with jurisdiction recognized by the United States,” has prosecuted or is prosecuting that person, except as authorized by the Attorney General or Deputy Attorney General.^[10] Chapter 77 concerns peonage and slavery, while chapter 117 concerns transportation for illegal sexual activity and related crimes.

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[1] US to Give More Teeth to Human Trafficking Laws, Agence France-Presse, Dec. 15, 2005 [hereinafter AFP].
[2] Id.
[3] See, e.g., United States v. Clark, 315 F. Supp. 2d 1127 (W.D. Wash. 2004) (a synopsis of which can be found here, in connection to a discussion of 18 U.S.C. § 2423).
[4] United States v. Smiley, 27 F. Cas. 1132, 1134 (C.C.N.D. Cal. 1864) (No. 16,317).
[5] AFP, supra note 1.
[6] H.R. 972.EH, § 2(7).
[7] Id. § 2(9)-(11).
[8] Id. § 103.
[9] Id.
[10] Id.