7 FAM 1730
CHILD EXPLOITATION
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1731 GENERAL POLICY
(CT:CON-102; 02-27-2005)
The United States Government strongly opposes the
exploitation of minors in any form. The U.S. Department of State has a history
of leadership in the international arena combating exploitation. The consular
role in this fight against child exploitation is twofold first, and foremost,
to locate and protect U.S. citizen/national children abroad who are victims of
exploitation or are in danger of becoming victims of exploitation, and second,
to contribute any information on child exploitation in general that comes to
your attention in the performance of your official duties, through appropriate
reporting channels.
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Note: Child exploitation is often indistinguishable
from child abuse. For example, the use of children for the purposes of
pornography or prostitution is, by definition, also sexual abuse. For this
reason, the specific consular activities outlined in 7 FAM 1720
(Child Abuse and Neglect) apply in almost every case of child exploitation.
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7 FAM 1732 DEFINITIONS
(CT:CON-102; 02-27-2005)
Child. Any person under the age
of 18.
Exploitation. Exploitation can be
defined as the act of involving a child for economic or other reasons in
criminal activities. Exploitation may take place at the hands of parents,
neighbors, schoolmates, cults, employers, etc.
Sexual Exploitation. This is
generally defined as coercing or otherwise involving a child to participate in
a sexual act for commercial gain. The two most common examples are pornography
and prostitution.
Exploitation for Fraudulent Purposes.
This involves coercing or otherwise compelling a child to engage in activities
that aid or abet the commission of fraud or of another crime. Examples could
include begging, a pickpocket using a child as a distraction, a thief or
burglar using a child as a lookout, etc.
7 FAM 1733 AUTHORITIES
(CT:CON-341; 08-27-2010)
The authority for protection of minors and prosecution of
persons engaged in child exploitation is derived from a variety of treaties,
laws, and regulations.
(1) TREATIES
(a) Vienna Convention on Consular Relations (VCCR).
Article 5(h) and of the VCCR provides that consular functions include
protection of the interests of minors of the sending State.
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Article 5(h) Vienna Convention on Consular Relations
Consular functions include
(h) safeguarding, within the limits imposed by the laws
and regulations of the receiving State, the interests of minors and other
persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect
to such persons.
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Article 37 of the VCCR concerns host country
responsibilities in the event appointment of a guardian or trustee of a minor
or other person lacking full capacity may be necessary.
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Article 37 VCCR
If the relevant information is available to the
competent authorities of the receiving State, such authorities shall have the
duty:
(b) to inform the competent consular post without delay
of any case where the appointment of a guardian or trustee appears to be in
the interests of a minor or other person lacking full capacity who is a
national of the sending State. The giving of this information shall, however,
be without prejudice to the operation of the laws and regulations of the
receiving State concerning such appointments.
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(b) United Nations Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and Children, supplementing the
United National Convention against Transnational Organized Crime. See also
Summary of the Protocol. For a list of signatories and ratifying countries see
the U.N. status page. (NOTE: The United States has signed, but not yet
ratified this Protocol.)
(2) U.S. LAWS AND REGULATIONS: 18 U.S.C. 2423
Transportation of Minors. The Violent Crime Control and Law Enforcement Act
of 1994", as amended by the PROTECT Act of 2003, makes it a violation of U.S.
law for a U.S. citizen to travel abroad in order to have sex with a minor (a
person under the age of 18). This has been codified at 18 U.S.C. 2423(b). 18
U.S.C. 2423(c) further makes it a crime for a U.S. citizen or legal permanent
resident alien to engage in illicit sexual conduct with a person under the age
of 18 in a foreign country, regardless of whether there was intent. 18 U.S.C.
2423(c) makes it easier to prosecute a defendant who engages in illicit sexual
conduct with a person abroad since a prosecutor no longer has to prove the
defendant's intent to travel abroad for the purposes of engaging in illicit
sexual acts. In another major change, the penalty for those convicted under
the PROTECT Act has been doubled, with individuals now facing a maximum
sentence of 30 years for each offense. A victim as defined in 18 U.S.C.
2423(b) is a person under the age of 18 years of age. Illicit sexual conduct,
as defined in 18 U.S.C. 2423(f), means (1) a sexual act as defined in 18 U.S.C.
2246 with a person under 18 years of age that would be in violation of chapter
109A if the sexual act occurred in the special maritime and territorial
jurisdiction of the United States; or (2) any commercial sex act.
7 FAM 1734 FEDERAL AND INTERNATIONAL
AGENCIES AND ORGANIZATIONS COMBATING CHILD EXPLOITATION
(CT:CON-719; 07-26-2017)
There are a wide range of government entities and private
organizations and interests that play an important role in attempting to halt
the exploitation of children. They include, but are not limited to:
(1) U.S. Department Of State
(a) Bureau of Consular Affairs (CA): Office of American
Citizens Services and Crisis Management, Directorate of Overseas Citizens
Services, Bureau of Consular Affairs (CA/OCS/ACS). This office has the lead in
dealing with individual cases of child exploitation involving private U.S. citizens/nationals. CA/OCS/CI, the Office of Childrens Issues, is responsible for
international parental child abduction and international adoption. While the
issues sometimes overlap, CA/OCS/ACS has primary responsible for this issue in
Consular Affairs.
(b) Bureau of Diplomatic Security (DS): Regional
security officers (RSOs) provide investigative support and liaising with host
government police authorities in coordination with the Department of Homeland
Security, Bureau of Immigration and Customs Enforcement (ICE). RSOs promptly
report to DS/DSS/IP (Diplomatic Security Service, International Programs) and
DS/CR/CIL (Criminal Investigations Division, Criminal Investigations Liaison
Branch) any requests for assistance on Protect Act investigations. RSOs are
notified by post consular sections of any U.S. citizen arrests by local
authorities on possible PROTECT Act violations. RSOs subsequently advise DS/CR/CIL
via email of those incidents for tracking purposes with ICE. See ICE Operation
Predator.
(c) Under Secretary for Civilian Security, Democracy,
and Human Rights, Office to Monitor and Combat Trafficking in Persons (J/TIP)
has the lead role in monitoring the patterns and trends in international
trafficking of persons for sexual and labor purposes, regardless of
nationality. The J/TIP office compiles
the Departments annual Trafficking in Persons Report.
(2) Department of Homeland Security, Bureau of Immigration
and Customs Enforcement (ICE): ICE is the lead federal agency investigating
cases related to child sex tourism and pornography, alien smuggling and human
trafficking. See ICE Operation Predator.
(3) U.S. Department of Justice
(a) Criminal Division, Child Exploitation and Obscenity
Section (CEOS) prosecutes those who possess, manufacture, or distribute child
pornography; those who sell, buy, or transport women and children interstate or
internationally to engage in sexually explicit conduct; those who travel
interstate or internationally to sexually abuse children; those who abuse
children on federal and Indian lands; those who do not pay certain court
ordered child support payments; those who transport obscene materials in
interstate or foreign commerce; and international parental abduction. CEOS
also works with the Department of Homeland Security, Bureau of Immigration and
Customs Enforcement (ICE), and the United States Postal Inspection Service in
dealing with the trafficking of child pornography through the use of computers
and the mails.
(4) Federal Bureau of Investigation
(a) FBI Crimes Against Children Program (CAC): The
FBIs CAC program responds to all incidences of crimes against children using
multi-disciplinary and multi-agency resource teams to investigate and prosecute
crimes that cross legal, geographical, and jurisdictional boundaries. These
investigations include violations of Federal statutes relating to kidnappings,
such as child abductions and domestic and international parental kidnappings;
sexual exploitation of children; interstate transportation of obscene material;
physical/sexual abuse of a child on a government reservation; and National Sex
Offender Registry matters.
(b) FBI Innocent Images National Initiative (IINI): An
FBI program, IINI investigates online child pornography/child sexual
exploitation violations. The IINI enforces statutes involving possession,
production, and/or distribution of child pornography facilitated by an online
computer; interstate travel for sexual activity with a minor facilitated by the
use of an online computer; and sexual exploitation of children facilitated by
an online computer.
7 FAM 1735 INTERNATIONAL ORGANIZATIONS
COMBATTING CHILD EXPLOITATION
(CT:CON-102; 02-27-2005)
There are a wide variety of international organizations
working to combat exploitation of children. Among the many such organizations,
a few are highlighted here.
(1) INTERPOL: The General-Secretariat of Interpol
established a Standing Working Party (SWP) in 1991 to bring together law
enforcement experts in child exploitation from the member countries in an
effort to coordinate investigations of child abuse, child pornography, sex
tourism, and trafficking in children for sexual purposes. The SWP meets twice
a year and has produced numerous recommendations for best practices in
combating child exploitation which have been adopted by the
General-Secretariat. In addition, the SWP has produced an investigators
manual for child exploitation investigations. See Interpol: Children and
Human Trafficking and Interpol: Crimes Against Children.
(2) International Association of Prosecutors (IAP):
DOJ/CRIM/CEOS (Criminal Division, Child Exploitation and Obscenity Section) has
been a prominent participant in the International Association of Prosecutors
efforts to establish best practices and guidelines for the protection of
children. For example, CEOS chaired an IAP group that developed guidelines for
protecting children from exploitation via the Internet. In addition, CEOS
focuses on the trafficking in women and United States efforts to combat this
problem, as well as the international legal standards to combat trafficking in
persons.
(3) National Center for Missing and Exploited Children
(NCMEC): In 1996 the U.S. Congress established the Exploited Child Unit (ECU)
within the National Center for Missing & Exploited Children (NCMEC). The
ECU serves as a resource center for the public, parents, law enforcement, and
others about the issues surrounding the sexual exploitation of children. See
NCMEC Child Sexual Exploitation; Cybertip Line: Your Resource for Reporting
Sexual Exploitation of Children.
(4) Organization to End Child Prostitution, Child
Pornography, and the Sexual Exploitation of Children (ECPAT): ECPAT is a nongovernmental
organization working against commercial sexual exploitation of children. It
encourages the world community to ensure that children everywhere enjoy their
fundamental rights free from all forms of commercial sexual exploitation. See
ECPAT Child Sex Tourism and What you Should Know About Sex Tourism Before You
Go Abroad.
7 FAM 1736 CONSULAR ACTIONS IN CHILD
EXPLOITATION CASES
(CT:CON-102; 02-27-2005)
CA/OCS and posts abroad have growing experience with child
exploitation involving U.S. citizen/national victims and perpetrators,
including the use of the Internet to lure minors abroad and then subject them
to sexual exploitation. We have also seen cases of U.S. citizens/nationals
residing abroad placing photographs of their own children on the Internet on
pornography sites. In addition, we are aware of reports of groups of U.S. citizens/nationals abroad using their children as a source of income for the group
through pornography and/or child prostitution.
7 FAM 1736.1 U.S. Citizen/National
Victims of Child Exploitation
(CT:CON-719; 07-26-2017)
In most, but not all, instances of child exploitation, the
circumstances generally permit a consultation with CA/OCS/ACS before taking any
specific action. This does not preclude you, as the consular officer, from
taking appropriate action immediately if you believe the circumstances pose an
imminent danger to the childs health or safety. Except in a situation
involving imminent danger, a consular officer who learns that a U.S. citizen/national child is possibly being exploited should take the following actions:
(1) Ascertain Status: Confirm through post records or
other means whether the child is, in fact, U.S. citizen/national. (If the
child is a member of the official U.S. Embassy/Consulate community, see 3 FAM 1810
Family Advocacy Program. If not, take the following steps.
(2) Report To Department: Prepare an immediate cable
to CA/OCS/ACS, and include as much factual information as possible. Use CASC
tags. Include:
(a) Full name, date and place of birth (DPOB) of child;
(b) Passport record or other citizenship information;
(c) Names, DPOBs and citizenship of parents or
guardians;
(d) Name, DPOB and citizenship of the alleged exploiter
if he or she is not a parent or guardian;
(e) Source of allegations of exploitation;
(f) Brief description of the alleged exploitation;
(g) Indicate whether the case involves a single American
child only, or an American child in a group of non-citizen children also being
exploited. If a group, include J/TIP as an action addressee; and
(h) Current information on social services and child
protective services available to nationals and foreigners in the host country.
(4) Recommend Action: In the same or a follow-up
cable, recommend possible courses of action based on your knowledge of the case
and your experience with local officials, etc. Your proposed actions should
include a recommended timetable, and could include:
(a) Performing a welfare/whereabouts check at the
child's home, school, or worksite;
(b) Informing the appropriate local authorities, such as
social workers, labor officials, medical personnel, and law enforcement
agencies of the allegations; and
(c) Obtaining all possible documentation of the
exploitation such as statements from persons who have observed the abuse or
injury to the child, police reports, medical records, etc.
(5) Take Privacy Considerations Into Account: Because
of the sensational aspects of such cases and privacy concerns, do not take
action without Department approval except in cases where the childs health or
safety is in imminent danger. See 7 FAM 060
regarding the Privacy Act.
(6) Take Approved Action: Take the action approved by
the Department, closely monitoring the situation and reporting all developments
to the Department CA/OCS/ACS.
7 FAM 1736.2 U.S. Citizen/National Alleged Perpetrators of Child Exploitation
(CT:CON-102; 02-27-2005)
Consular officers should be especially alert to
individuals in their district who may have violated U.S. laws prohibiting the
exploitation of children. If you have information that a U.S. citizen/national or legal permanent resident violated or may have possibly violated
the foregoing sections of the U.S. Code concerning the exploitation of minors,
you should provide this information immediately to the regional security
officer (RSO).
7 FAM 1736.3 Privacy Act and Child
Exploitation
(CT:CON-449; 03-25-2013)
a. A Department of State Privacy Act's "routine
use" permits consular officers to release information to law enforcement
officials, whether foreign, Federal, State, or local, where there is reason to
believe that the information relates to a U.S. citizen/nationals commission or
suspected commission of a crime. You should provide such information
immediately to the RSO who will take the necessary measures to ensure that the
proper law enforcement officials are notified. You may also disseminate such
information to DS based on the Act's intra-agency condition of disclosure. See
7 FAM 060 for
additional information about the Privacy Act and American Citizens Services
(ACS) work. See also STATE-05 on the Department of State Internet page for
conditions of disclosure for ACS work.
b. You are not required to, nor should you, comb
through your files in search of individuals who may or may not have violated or
potentially violated U.S. law.
c. Consular officers may also release Privacy Act
protected information to foreign, Federal, state, or local law enforcement
authorities who set forth in writing that the information is needed to investigate
or prosecute an individual for a violation or potential violation of the law
and that there is reason to believe that the individual has violated the law.
In the case of foreign authorities, the release is authorized by the routine
use described in 7 FAM 1736.3
(a). In the case of Federal, State, or local law enforcement authorities the
release is authorized by the law enforcement exception to non-disclosure.
Consular officers should keep records of all disclosures, (see 7 FAM 060).
d. Questions regarding the Privacy Act may be addressed
to CA/OCS/L at ASK-OCS-L@state.gov or by cable. CA/OCS/L is the component of
CA/OCS responsible for Privacy Act issues. You may also consult your country
officer in CA/OCS/ACS.
7 FAM 1737 COMBATING SEXUAL TOURISM
7 FAM 1737.1 Reporting Sex Tourism
(CT:CON-102; 02-27-2005)
If you become aware of any organized sex trade involving
children and foreign visitors, address a reporting cable with the significant
details to CA/OCS/ACS. Include CASC, CJAN, KCRM, and ASEC tags. You should
also alert the RSO.
7 FAM 1737.2 Country Specific
Information
(CT:CON-781; 01-16-2018)
Work with CA/OCS to determine the advisability of entering
an appropriate caution in the Country Specific Information for your post, (see 7 FAM 070
Appendix A). Language could include:
(1) The fact that traveling abroad with the intent of
engaging in sex with a minor is against U.S. law, and can result in extradition
to, or arrest upon return to, the United States;
(2) The fact that it is against local law, if this is
the case, and the probable penalties;
(3) Any heightened possibility of sexually transmitted
diseases; and
(4) Any history of assaults, robberies, or blackmail
associated with sex tours.
7 FAM 1737.3 Department
Publications and Other Sources of Information
(CT:CON-719; 07-26-2017)
There are a variety of Department of State publications
concerning child exploitation, including:
Brochure To End Child Sex Tourism: Fighting Trafficking in
Persons (September 2, 2004)
Fact Sheet Ending Child Sex Tourism: Fighting Trafficking in
Persons (September 2, 2004)
Fact Sheet - The Optional Protocol to the United Nations
Convention on the Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography (December 24, 2002)
Be Smart, Be Safe (January 2001)
See also the Department of State Internet home pages for:
Consular Affairs, Child Protection Services
Civilian Security, Democracy, and Human Rights, Office to Monitor
and Combat Trafficking in Persons
7 FAM 1738 And 1739 UNASSIGNED