(2022.12.06-ны өдрийн орчуулга)                                                      Unofficial translation

LAW OF MONGOLIA

January 19, 2012                                                                                         Ulaanbaatar city

ON COMBATING HUMAN TRAFFICKING

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the law

1.1.The purpose of this law is to regulate the relations with respect to preventing and combatting human trafficking, determining and eliminating the cause of human trafficking and protecting the rights of victims.

Article 2.Legislations on Combating Human Trafficking

2.1.Legislation on combating human trafficking consists of the Constitution of Mongolia, the Law on Prevention of Crimes and Violations, this law and other laws and legal acts enacted in conformity therewith.

/This paragraph was amended by the law dated June 6, 2019/

2.2.If an international treaty, to which Mongolia is party, provides otherwise, the provision of such international treaty shall apply.

Article 3.Definition of Legal Terms

3.1.The following terms used in this law shall be understood as follows:

3.1.1."Human trafficking" means the use of force or the use of force for threats, theft, fraud, deception, abuse of power, taking advantage of their vulnerability for the purpose of forced labor, sexual exploitation or violence in other forms, keeping a person in slavery or similar conditions, sexual slavery, use of person's cells and organs for exploitation, as well as any illegal acts such as recruitment, transportation, transfer, harbouring or receipt of people through payment or bribery to obtain the consent of a person who controls another person;

/This sub-paragraph was added by the law of January 19, 2018/

3.1.2."victim" means a person whose rights, freedoms, and interests have been violated due to human trafficking, regardless of whether a criminal case has been instituted or a person is identified as a victim in accordance with the Criminal Procedure law.

/This paragraph was amended by the law dated May 18, 2017/

Article 4.Principles of Action against Human Trafficking

4.1.The following principles will be subject to combating human trafficking:

4.1.1.to be unified;

4.1.2.to respect the dignity of a victim;

4.1.3.not to discriminate;

4.1.4.not to blame a victim;

4.1.5.to ensure the safety of a victim;

4.1.6.to protect personal information;

/This sub-paragraph was amended by the law dated December 17, 2021/

4.1.7.to rely on international cooperation and participation of civil society.

CHAPTER TWO

ORGANIZATION OF ACTIVITIES TO COMBAT HUMAN TRAFFICKING

Article 5.Powers of State Organizations to Combat Human Trafficking

5.1.The Government shall exercise the following powers to combat human trafficking:

5.1.1.to implement national policies and programs to combat human trafficking;

/This sub-paragraph was amended by the law dated December 17, 2021/

5.1.2.to cooperate with foreign countries and international organizations to combat human trafficking;

5.1.3.to cooperate with non-governmental organizations to prevent and combat human trafficking, and to ensure performance of certain functions under the contract.

5.2.A member of the Government in charge of legal issues on combating human trafficking shall exercise the following powers:

/This paragraph was amended by the law dated August 17, 2012/

5.2.1.to organize a work to fight and prevent human trafficking within the scope of powers stipulated in Article 26 of the law on Prevention of Crimes and Violations;

/This sub-paragraph was amended by the law dated June 6, 2019/

5.2.2.to create and enrich a database on human trafficking;

5.2.3.to approve a procedure to ensure the dignity and safety of a victim in cooperation with the state prosecutor general.

5.3.The central state administrative body in charge of foreign relations issues on combating human trafficking shall exercise the following powers:

5.3.1.to develop proposals to join international agreements in the field of combating and preventing human trafficking, conclude agreements and negotiations with foreign countries and international organizations in this regard, organize and report the implementation of international agreements;

5.3.2.to protect the interests of Mongolian citizens who are victims in foreign countries and providing assistance to them;

5.3.3.to organize and supervise the implementation of a procedure for provision of services specified in Article 12.1.5 of this law;

5.3.4.to protect the rights and interests of Mongolian minors adopted by foreign citizens.

5.4.The State central administrative body in charge of social security and labor issues shall exercise the following powers to combat human trafficking:

5.4.1.to organize and supervise the implementation of a procedure for provision of services specified in Article 12.1.5 of this law;

5.4.2.to support and assist activities of non-governmental organizations with the function of providing protection, welfare and services to victims.

5.5.The central state administrative body in charge of health issues on combating human trafficking shall exercise the following powers:

5.5.1.to organize and supervise the implementation of a procedure for provision of services specified in Articles 12.1.1 and 12.1.2 of this law;

5.5.2.to conduct a training for employees of the medical institution to provide services to victims.

5.6.The central state administrative body in charge of education and science issues on combating human trafficking shall exercise the following powers:

/This paragraph was amended by the law dated July 7, 2020/

5.6.1.to cooperate with relevant organizations to prevent human trafficking among educational institutions and students;

5.6.2.to include the harmful effects of human trafficking in the curriculum and standards of secondary and high schools to combat, prevent or, explain or demonstrate it.

5.7.The police and intelligence organizations will carry out the functions to detect and stop human trafficking and monitor advertisements related to human trafficking.

5.8.The state border protection organization shall implement the following functions to combat human trafficking:

/This paragraph was amended by the law dated December 26, 2013/

/This paragraph was amended by the law dated July 21, 2016/

/This paragraph was amended by the law dated December 28, 2016/

5.8.1.to clarify an identity of a child crossing the border of Mongolia, and to check an identity of a person taking care of other's child on the basis of a power of attorney, and the purpose for which a child is being taken, the relationship with the child, any details of the receiving foreign country, citizen, enterprise, or organization;

5.8.2.to check information on a person who will receive a child who travels to a foreign country on the basis of a power of attorney and lives or studies in that country for a long time;

5.8.3.to clarify the reason for non-return of a child in case of leaving a minor who crossed the state border with him/her outside the border and if necessary, refer the matter to the police for investigation.

5.9.The State central administrative body in charge of labor affairs shall monitor within its capacity whether employees are exposed to forced labor or slavery or kept in conditions similar to slavery in enterprises and organizations.

/In this paragraph, the word "Professional inspection" was amended to "The State central administrative in charge of labor affairs" by the as of November 11, 2022 and shall be entry into forced from January 1, 2023/

5.10.The state administrative body in charge of immigration issues shall exercise its power to prevent and control the exposure of foreign citizens and stateless persons to the crime of human trafficking in the territory of Mongolia.

/This paragraph was amended by the law dated July 21, 2016/

5.11.The state administrative body in charge of children's issues shall carry out activities to protect children at risk of being trafficked, conduct preventive measures, trainings, research, monitoring and evaluation and develop proposals for further measures to be taken within the country.

5.12.Local self-governing and local administrative organizations at all levels shall exercise the following powers:

5.12.1.to fight human trafficking in the territory and take measures to eliminate its causes and conditions;

5.12.2.to support the organization of care and services for victims;

5.12.3.to conduct trainings and advertising activities to combat human trafficking;

5.12.4.to monitor advertisements that may be related to human trafficking within the jurisdiction.

Article 6.Sub-council and its powers

6.1.The Sub-Council (hereinafter referred to as "Sub-Council") which has functions to coordinate prevention and combating human trafficking, provide professional management, and monitor the implementation of this law will operate under the Coordination Council for Crime Prevention.

6.2.A member of the government in charge of legal issues shall approve a procedure for composition and operation of the sub-council.

/This paragraph was amended by the law dated August 17, 2012/

6.3.The sub-council will consist of representatives of non-governmental organizations engaged in anti-trafficking activities, plus representatives of relevant government organizations.

6.4.The office of the Coordination Council for Crime Prevention shall perform duties of the office of the sub-council.

6.5.Operating costs of the sub-council shall be financed from the state budget.

6.6.The sub-council shall exercise the following powers:

6.6.1.to coordinate activities of related organizations, listen to reports, conduct investigations, and issue recommendations in order to ensure the implementation of laws and regulations on combating human trafficking;

6.6.2.to develop proposals for engagement of professional and academic organizations in research on the situation of human trafficking, and for further measures and submit them to the Government through the Coordination Council for Crime Prevention;

6.6.3.to develop and implement guidelines for cooperation with relevant organizations of other countries to combat human trafficking;

6.6.4.to involve citizens, enterprises, and organizations in combating human trafficking, cooperate and support their initiatives, and organize public preventive training and advertising work;

6.6.5.to issue proposals to relevant organizations and officials to impose appropriate liability on enterprises, organizations, and officials who violate laws on combating human trafficking and create the causes and conditions for the crime, and demand their implementation;

6.6.6.to take measures to encourage citizens, enterprises, organizations, and officials in accordance with the procedures specified in Article 16.5 of this law;

6.6.7.to develop a proposal to reflect the necessary funds in the state budget for the implementation of laws and programs on combating human trafficking;

6.6.8.to issue general information about human trafficking and its harmful effects;

6.6.9.to monitor and evaluate the implementation of standards of care and services provided to victims;

6.6.10.to organize advanced trainings for employees of organizations with the function of combating and preventing human trafficking.

Article 7.Duties of Legal Entity

7.1.Unless otherwise provided by law, a legal entity is obliged to comply with the instructions, recommendations, statements and requirements given by authorized organizations and officials within the framework of the work of ensuring the fulfillment of the laws on combating human trafficking.

7.2.If it is found that a legal entity has engaged in human trafficking under the guise of its activities, such legal entity shall be dissolved by court decision.

Article 8.Duties of Media Organizations

8.1.Media organizations are prohibited from distributing the following advertisements and information:

8.1.1.information on victims without the written consent of a victim;

8.1.2.advertisement for matchmakers and intermediation with a foreign citizen;

8.1.3.open or hidden advertisements using all types of media, communications, and electronic networks that may lead to the human trafficking.

CHAPTER THREE

METHOD AND FORM OF ACTIONS TO COMBAT HUMAN TRAFFICKING

Article 9.Shelter Housing

9.1.A shelter housing will operate to protect the dignity and reputation of victims of human trafficking and ensure their safety.

9.2.A person who considers himself/herself to be a victim shall submit a request to the police organization or the shelter housing administration for shelter services.

9.3.A victim will be temporarily placed in a shelter, regardless of whether the police or intelligence agencies have started investigating the crime of human trafficking.

9.4.The government shall approve the structure, organization and working procedures of shelter housing.

9.5.Under the decision of the government, non-governmental organizations may be responsible for the operation of the shelter housing.

Article 10.Protecting the Dignity and Honor of Victim

10.1.The victim's name, parents' names, residential addresses, and other personal information shall be kept confidential, and such information shall not be reported, disseminated, distributed to others or through the press and media without the consent of authorized officials, and it is forbidden to distribute the face and voice of a victim in a way that is recognizable to others.

10.2.If a victim submits a written request, it is prohibited to inform other family members about the fact that he/she is a victim of human trafficking.

10.3.Detectives, prosecutors, judges, lawyers, and other concerning parties of the case are prohibited from disseminating information to others on the personal status of a victim that they have revealed.

/This paragraph was amended by the law dated May 18, 2017/

10.4.During the filing, investigation and trial process if deemed necessary, any measures shall be taken to conceal the name and address of the victim's parents, as well as his/her own name and residential address.

Article 11.Protection of Foreign Citizens and Stateless Persons

11.1.In the event that a foreign citizen or stateless person is a victim of human trafficking on the territory of Mongolia, it is prohibited to take measures to deport him on the grounds that he/she has violated the travel, residency, or immigration rules in the country.

11.2.In the event that a foreign citizen or stateless person is a victim of human trafficking on the territory of Mongolia, the state administrative body in charge of immigration issues, or the state administrative body in charge of foreign relations will issue a residence permit in the country based on a proposal of the related organization until the crime reviewed and solved by court.

/This paragraph was amended by the law dated July 21, 2016/

Article 12.Care and Services to be provided to Victims

12.1.The following care and services shall be provided to the victims:

12.1.1.health rehabilitation treatment;

12.1.2.mental rehabilitation treatment;

12.1.3.provide jobs or training;

12.1.4.legal assistance;

12.1.5.The diplomatic representative and consular offices representing Mongolia in foreign countries provide a victim with temporary accommodation and food, and issue a foreign passport and similar documents, and bring him/her back to his/her homeland.

12.2.The procedure for provision of services specified in paragraphs 12.1.1 and 12.1.2 of this law shall be carried out by the central state administrative body in charge of health issues, the procedure for provision of services specified in paragraph 12.1.3 of this law by the central state administrative body in charge of social security and labor issues, and the procedure for provision of services specified in paragraph 12.1.4 by the central state administrative body in charge of legal issues, and the procedure for provision of services specified in sub-paragraph 12.1.5 by the central state administrative body in charge of foreign relations issues respectively.

/This paragraph was amended by the law dated August 17, 2012/

12.3.The care and services provided to the victim specified in Article 12.1 of this law are free of charge.

Article 13.Protection of Child Victims

13.1.If a child is a victim, the police organization and the staff of a shelter housing specified in Article 9.1 of this law shall immediately take measures to identify the child's parents.

13.2.In case the parents of a victim child are not identified, the governor of the district or soum shall appoint a person who will take care of and guard the child.

13.3.A child victim shall be accommodated separately from an adult victim in the shelter specified in Article 9.1 of this law.

13.4.The governor of the district or soum shall be responsible for enrolling a child victim in an appropriate school.

Article 14.Protection and Encouragement of Citizens who Provide Information on Human Trafficking

14.1.To ensure the safety of a witness who gave a statement which is important for the detection and resolution of the crime of human trafficking, or a citizen who gave factual information on such crime, he/she may be included in the victim protection measures specified in Article 10 of this law.

14.2.According to Article 35 of the Law on Prevention of Crimes and Violations, the police may receive information on human trafficking from citizens for fees.

/This paragraph was amended by the law dated June 6, 2019/

Article 15.Compensation for Damages

15.1.The victim has the right to demand compensation from a guilty party for property, honor, fame and emotional damage.

15.2.An emotional damage of the victim will be compensated in the form of cash.

15.3.An amount of emotional damage to the victim will be determined by the court under the claim demand of a victim in consideration of the amount of damages caused to the victim.

Article 16.Financing Operations to Combat Human trafficking

16.1.Funding for operations to combat human trafficking shall be composed of the following sources:

16.1.1.funds to be allocated from the state and local budgets;

16.1.2.costs of crime prevention activities specified in Article 46.1 of the Law on Prevention of Crimes and Violations;

/This sub-paragraph was amended by the law dated June 6, 2019/

16.1.3.donations and assistance from foreign countries and international organizations;

16.1.4.funds accumulated by the initiative of state and non-state organizations, enterprises and citizens;

16.1.5.other sources not prohibited by law.

16.2.Funds specified in paragraph 16.1 of this law shall be collected in the budget package of the member of the government in charge of legal issues.

/This paragraph was amended by the law dated August 17, 2012/

16.3.Funds specified in Article 16.1 of this law shall be used for the following activities:

16.3.1.to finance activities of the shelter housing specified in Article 9.1 of this law;

16.3.2.to engage a professional and academic organization to conduct a survey on the conditions, causes, and consequences of human trafficking;

16.3.3.to conduct training and advertising aimed at combating human trafficking;

16.3.4.to encourage or reward citizens, enterprises, organizations, and officials who have performed productive activities to implement laws on combating human trafficking;

16.3.5.to provide support to non-governmental organizations that work against human trafficking.

16.4.Funds specified in 16.1 of this Law shall not be spent for purposes other than those specified in 16.3 of this Law.

16.5.The encouragement procedure specified in Article 16.3.4 of this law shall be approved by the member of the government in charge of legal issues.

/This paragraph was amended by the law dated August 17, 2012/

CHAPTER FOUR

MISCELLANEOUS

Article 17.Liability for Violation of Legislations

17.1.If the act of an official who violates this law is not criminal, he or she shall be liable as provided in the Civil Service Law.

17.2.Any person or legal entity that violates this law shall be charged with the liability specified in the Criminal Law or the Violation Law.

/This paragraph was amended by the law dated December 4, 2015/

Article 18.Entry into force of the law

18.1.This law shall be entered into force on January 19, 2012.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA D.DEMBEREL