Professional Documents
Culture Documents
Dilg Reports Resources 2017323 - E21a5b9c4f PDF
Dilg Reports Resources 2017323 - E21a5b9c4f PDF
Dilg Reports Resources 2017323 - E21a5b9c4f PDF
It’s been called the “modern day slavery”. Philippines is in the cusp of this
global concern because it is identified as a source, transit and destination
country for men, women and children trafficked for the purposes of labor
and sexual exploitation. Since the passage of the law in 2003, the number
of cases of trafficking has steadily increased which can be attributed to
the growing awareness of the public of the many forms of trafficking. This
consciousness raising by our people is a result of the massive information
campaign conducted by government and non-government organizations.
This primer provides concise information about the Republic Act 9208 or
the Anti-Trafficking in Persons Act of 2003 as amended by the Republic Act
10364. It will serve as a handy reference on the salient provisions of the
Act and the available programs and services for our trafficked victims. We
hope that this will be widely disseminated and used as a tool to bring more
awareness and empowerment to prospective migrants, whether local or
international.
We should all seriously and aggressively work together for the elimination of
trafficking in persons and advocate for more defenders and protectors of our
victims. Let us all shout out: “Filipinos are not for sale!”
8 1
What is the Inter-Agency Council Against Trafficking (IACAT)?
It is composed of the heads of the following as members:
Department of Commission on
Foreign Affairs (DFA) Filipinos Overseas Philippine National
Bureau of (CFO) Police (PNP)
Immigration (BI)
*Blas Ople Center
Department of Justice representing OFWs
(DOJ), Chair
*International Justice
Mission (IJM)
representing children
*Visayan Forum
Foundation, Inc. (VFFI)
representing women
Department of Social
Welfare and Development Philippine Overseas
(DSWD), Co-Chair Employment Administration
(POEA)
Department of Labor Department of the
and Employment Philippine Center for Philippine Commission
Interior and Local Transnational Crimes
(DOLE) Government (DILG) on Women (PCW)
(PCTC)
* Three (3) representatives from non-government organizations (OFWs) and children. These representatives are nominated by the
(NGOs), who shall be composed of one (1) representative each from government agency representatives of the IACAT, for appointment by
among the sectors representing women, overseas Filipino workers the President for a term of three (3) years.
2 3
What is Trafficking in Persons? It involves the recruitment, obtaining, hiring,
providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons, with
Trafficking in persons is an illegal act and is considered
or without the victim’s consent or knowledge,
a violation of human rights and inimical to human within or across national borders;
dignity and national development.
There are three (3) inter-related and inter- It is committed by use of threat, or of force, or other
dependent elements that must be present forms of coercion, abduction, fraud, deception, abuse of
for a situation to be considered within the power or of position, taking advantage of the vulnerability
purview of R.A. 9208 as amended by RA of the person, or, the giving or receiving of payments or
10364. The three (3) elements are: benefits to achieve the consent of a person having control
over another person; and
4 5
Forced Labor Involuntary Servitude
Forced labor refers to Involuntary servitude refers
the extraction of work or to a condition of enforced
services from any person and compulsory service
by means of enticement, induced by means of any
violence, intimidation scheme, plan or pattern,
or threat, use of force intended to cause a person
or coercion, including to believe that if he or
deprivation of freedom, she did not enter into or
abuse of authority or continue in such condition,
moral ascendancy, debt- he or she or another person
bondage or deception would suffer serious harm
including any work or or other forms of abuse
service extracted from any or physical restraint, or
person under the menace threat of abuse or harm, or
of penalty. coercion including depriving
access to travel documents
and withholding salaries,
or the abuse or threatened
abuse of the legal process.
Debt Bondage
Debt bondage refers to the pledging by the debtor of his/
her personal services or labor or those of a person under Slavery
his/her control as security or payment for a debt, when the Slavery refers to the status or condition of a
length and nature of services is not clearly defined or when person over whom any or all of the powers
the value of the services as reasonably assessed is not attaching to the right of ownership are exercised.
applied toward the liquidation of the debt.
6 7
How is Trafficking in Persons different from What are the three (3) categories
Illegal Recruitment and Human Smuggling? of Trafficking in Persons?
Illegal Human The three (3) categories of trafficking in persons and its
Trafficking in Persons
Recruitment Smuggling punishable acts are:
Usually does not
May or may
involve coercion 1. Acts of Trafficking in Persons
not involve
but uses more Usually does not
coercion, fraud, • To recruit, obtain, hire, provide, offer, transport,
deception, involve coercion
deception, abuse of
vulnerability, etc.
promises and transfer, maintain, harbor, or receive a person by
fraud any means, including those done under the pretext
of domestic or overseas employment or training
Characterized Characterized by or apprenticeship, for the purpose of prostitution,
by subsequent facilitating entry Characterized by pornography, or sexual exploitation;
exploitation after of one person facilitating, for
the illegal entry of from one country a fee, the illegal
one person from to another entry of a person
one place to another through an into a foreign
or one country to unauthorized or country
another unlicensed agency
There is a need to
Mere recruitment Proof of illegal
prove the presence
without license entry by none
of exploitation or
is punishable, no compliance with
that the recruitment
need to prove the the necessary
was facilitated for
consequential requirements for
the purpose of
exploitation travel
exploitation
• To introduce or match for money, profit, or
Considered material, economic or other consideration, any
Considered a human Considered a
a migration person or, as provided for under Republic Act No.
rights issue migration concern
concern 6955, any Filipino woman to a foreign national,
8 9
• To adopt persons by any form of consideration
for exploitative purposes or to facilitate the same
for purposes of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
12 13
permit from the DSWD or a written permission
from the child’s parent or legal guardian;
a. Facilitating the travel of a child who travels alone a. Profiting themselves or assisting the offender
to a foreign country or territory without valid to profit by the effects of the crime;
reason and without the required clearance or
14 15
• To produce, print and issue or distribute unissued,
tampered or fake counseling certificates,
registration stickers, overseas employment
certificates or other certificates of any government
agency which issues these certificates, decals
and such other markers as proof of compliance
with government regulatory and pre-departure
requirements for the purpose of promoting
trafficking in persons;
16 17
• To assist in the conduct of misrepresentation or • To destroy, conceal, remove, confiscate or possess,
fraud for purposes of facilitating the acquisition or attempt to destroy, conceal, remove, confiscate
of clearances and necessary exit documents or possess, any actual or purported passport
from government agencies that are mandated to or other travel, immigration or working permit
provide pre-departure registration and services for or document, or any other actual or purported
departing persons for the purpose of promoting government identification, of any person in order
trafficking in persons; to prevent or restrict, or attempt to prevent or
restrict, without lawful authority, the person’s
• To facilitate, assist or help in the exit and entry of liberty to move or travel in order to maintain the
persons from/to the country at international and labor or services of that person; and
local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or • To utilize his or her office to impede the
fraudulent travel documents for the purpose of investigation, prosecution or execution of lawful
promoting trafficking in persons; orders in a case.
• To confiscate, conceal, or destroy the passport,
travel documents, or personal documents or
belongings of trafficked persons in furtherance
of trafficking or to prevent them from leaving the
country or seeking redress from the government
or appropriate agencies;
18 19
3. Qualified Trafficking in Persons with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS);
• When the trafficked person is a child or below 18
years old; • When the offender commits one or more violations
over a period of sixty (60) or more days, whether
• When the adoption is effected through Republic Act those days are continuous or not; and
No. 8043, otherwise known as the “Inter-Country
Adoption Act of 1995” and said adoption is for • When the offender directs or through another
the purpose of prostitution, pornography, sexual manages the trafficking victim in carrying out the
exploitation, forced labor, slavery, involuntary exploitative purpose of trafficking.
servitude or debt bondage;
20 21
occurred or where the trafficked person is or may
When is trafficking considered a large scale or committed be found;
by a syndicate?
• All officers, representatives and personnel of the
Trafficking is deemed committed by a syndicate if carried Philippine government posted abroad under the
out by a group of three (3) or more persons conspiring or leadership of the Ambassador or the head of
confederating with one another. It is deemed committed mission; or
in large scale if committed against three (3) or more
persons, individually or as a group. • Office of the Undersecretary for Migrant Workers
Affairs (OUMWA) of the Department of Foreign
Affairs (DFA).
Where to report incidence of Trafficking in Persons?
Any person who has the personal knowledge on the Who can file cases for Trafficking in Persons?
trafficking incidence can immediately report to any of the
following: The following persons may file cases of trafficking in
persons:
• Barangay authorities;
• Nearest police or other law enforcement agencies; • Any person, including a law enforcement officer,
• Local social welfare and development office; who has personal knowledge of the commission
• Any member agencies of the Inter-Agency Council of the offense;
Against Trafficking (IACAT); • The trafficked person or the offended party;
• Local anti-trafficking committee or task force; • Parents or legal guardians;
• Local council for the protection of children; or • Spouse;
• 1343 Actionline against Human Trafficking. • Siblings; or
• Children.
International trafficking in persons can be reported to the
following:
Where to file cases of Trafficking in Persons?
• Philippine Embassy/Consulate which has
jurisdiction over the place where the trafficking A complaint for violation of the Act for the purpose of
22 23
inquest or preliminary investigation may be filed with the What are the penalties for violations of R.A. 9208 as
following: amended by R.A. 10364?
Cases involving trafficking in persons should not be Accomplice 15 years imprisonment and a fine
dismissed based on the affidavit of desistance executed Liability of P 500,000 to P 1 Million
by the victims or their parents or legal guardians.
Prosecutors are directed to oppose and manifest 15 years imprisonment and a fine
Accessories
objections to motions for dismissal. of P 500,000 to P 1 Million
24 25
What are the mandatory services available for trafficked
If involves sexual intercourse or
lascivious conduct with a child: persons under R.A. 9208 as amended by R.A. 10364?
-Imprisonment of Reclusion The following services are available for trafficked persons
Temporal in its medium period to to ensure their recovery, rehabilitation and reintegration
Reclusion Perpetua and P500,000 into the mainstream of society:
to 1 Million fine
• Temporary housing and food facilities;
If involves carnal knowledge of, • Psychological support and counseling;
or sexual intercourse with, a male • Free legal services;
or female trafficking victim and • Medical or psychological services;
also involves the use of force or
intimidation, to a victim deprived • Livelihood and skills training;
of reason or to an unconscious • Educational assistance to a trafficked child; and
victim, or a victim under 12 years • 24-hour call center for crisis calls and technology-
of age: based counseling and referral system.
-Imprisonment of Reclusion
Perpetua or 20 years and 1 day to
40 years and 1 Million to 5 Million What protection is given to trafficked persons?
fine
Legal Protection
If committed by a foreigner:
The law provides legal protection to victims of human
-Deportation after serving the trafficking. Trafficked persons are recognized as
sentence and permanently barred victims of trafficking and shall not be penalized for
from entering the country crimes directly related to the acts of trafficking or in
obedience to the order made by the trafficker. The
If committed by Public Official: consent of the victim to the intended exploitation is
irrelevant.
-Dismissal from service, perpetual
absolute disqualification in addition
to imprisonment and fine
26 27
Witness Protection Program
Free Legal Assistance
Under Section 18 of RA 10364, trafficked victims
Trafficked persons shall be provided with free legal are entitled to the Witness Protection and Benefits
services which shall include information about the Program established under RA 6981.
victims’ rights and the procedure for filing complaints,
claiming compensation and such other legal remedies Trafficked persons who will testify or are testifying or
available to them, in a language understood by the about to testify before any judicial or quasi-judicial
trafficked person. body, or before any investigating authority, may
be admitted to the Program under the following
For victims of international trafficking, the DFA shall circumstances:
provide free legal assistance and counsel to pursue
legal action against his or her traffickers, represent • The testimony will be used in the trafficking in
his or her interests in any criminal investigation or persons case or a criminal offense related thereto;
prosecution, and assist in the application for social
benefits and/or regular immigration status as may be • The testimony can be substantially corroborated
allowed by the host country. on its material points; and
Right to Privacy and Confidentiality • The trafficked person or any member of the
family is subjected to threats or injury or there
Law enforcement officers, prosecutors, judges, court is likelihood that he/she will be killed, forced,
personnel, social workers and medical practitioners, intimated, harassed, harassed or corrupted to
as well as parties to the case, shall protect the right prevent him/her from testifying.
to privacy of the trafficked person at any stage of
the investigation, rescue, prosecution and trial. The To avail of the Program, the trafficked person or
name and personal circumstances of the trafficked person acting in his/her behalf may file an application
person or any other information tending to establish form at the Secretariat of the Witness Protection
the identity of the trafficked person and his or her Security and Benefit Program at the DOJ.
family shall not be disclosed to the public.
The benefits of the Program may include security
protection, immunity from criminal prosecution,
28 29
secure housing facility, assistance in obtaining a What happens to the fines, proceeds and properties
means of livelihood, travel expenses and subsistence derived from trafficking in persons?
allowance while acting as a witness, free medical
treatment, burial benefits, free education for the All fines imposed, and the proceeds and properties
minor dependent children, and/or non-removal or forfeited and confiscated pursuant to R.A. 9208 as
demotion in work and payment of full salary or wage amended shall accrue to a trust fund to be administered
while acting as witness. and managed by the IACAT. These shall be used exclusively
for programs that will prevent acts of trafficking, and will
Victim Compensation Program protect, rehabilitate and reintegrate trafficked persons
into the mainstream of society.
Established by RA 7309, the Victim Compensation
Program provides compensation to victims of unjust
imprisonment or detention, and victims if violent What programs are established for the prevention of
crimes. A Board of Claims under the DOJ is created trafficking?
under the said law to evaluate and process claims
application. Advocacy and Communications Committee (ADVOCOM)
More often than not, a trafficked person is also a In December 2010, the CFO became an ex-officio
victim of a violent crime which includes physical member of the IACAT and was delegated to head the
and/or psychological injuries, permanent incapacity Advocacy and Communications Committee (ADVOCOM)
or disability, insanity, abortion, serious trauma, or because of its experience in handling the Presidential
committed with torture, cruelty or barbarity. Thus, a Task Force Against Human Trafficking (TFHT). CFO-TFHT
trafficked person who suffered any of the conditions implemented its anti-trafficking programs from March
thus mentioned is entitled to avail of the benefits of 2007 to March 2010, covering the four (4) areas of
the Program. The trafficked person or his/her family prevention, protection, prosecution and reintegration.
may file a claim with the Board at the Secretariat of
the Board of Claims at the DOJ or the Office of the The creation of the IACAT-ADVOCOM is in line with one
Regional State Prosecutor. of the functions of the IACAT as stipulated in the Section
21 (e) of RA 9208 which is to coordinate the conduct of
massive information dissemination and campaign on the
existence of the law and the various issues and problems
30 31
attendant to trafficking through the local government media institutions; international organizations; foreign
units, concerned agencies, and NGOs. The Rule VIII, government agencies; migrant associations; and other
Article II, Section 132 of the Revised Implementing Rules non-government organizations.
and Regulations of RA 9208 , as amended by RA 10364,
also stipulated that the ADVOCOM shall be primarily Specifically, the IACAT-ADVOCOM aims to :
responsible for the development and implementation of
the IACAT’s communication program, and the conduct 1. Implement a comprehensive advocacy and
of research and study on the patterns and schemes of communications strategies that will help in the
trafficking in persons for policy formulation and program elimination of human trafficking incidences
direction. and the promotion of government services to
trafficking survivors;
Among its strategies is to engage and mobilize various
stakeholders and target groups such as the national 2. Develop multimedia campaign and publication
and local government agencies; civil society groups; materials that will create awareness about human
trafficking;
32 33
2. Systematize the referral of cases to appropriate
government agencies or non-government
organizations as immediately as possible.
34 35
Other Programs that Address Trafficking in Persons
Implementing
Programs Agencies
38 39
CHED -Commission on Higher Education
CHR -Commission on Human Rights
Addressing issues on trafficking
of children through policy and CWC CWC -Council for the Welfare of Children
program interventions DepEd -Department of Education
DOH -Department of Health
DOT -Department of Tourism
Comprehensive community DOTC -Department of Transportation and Communication
POEA, OWWA,
education, advocacy and
DILG, LGUs, CHR, LGUs -Local Government Units
information campaign programs on
CFO, PCW NBI -National Bureau of Investigation
trafficking
OWWA -Overseas Workers Welfare Administration
PIA -Philippine Information Agency
Formulate and implement TESDA -Technical Education and Skills Development Authority
preventive measures to stop
sex tourism packages and other
DOT
activities of tourism establishments
which contribute to trafficking in
persons
40 41
Some Facts and Figures • The UN-International Labor Organization (ILO) Global
Estimate of Forced Labor 2012 states that 21-36 million are
on Human Trafficking enslaved worldwide. Furthermore, the estimates say that
78% of victims are in labor slavery, 55% are women and girls
and 26% are children under 18 years of age.
42 43
IACAT Members’ Directory
Commission on Filipinos
Department of Foreign Affairs Overseas (CFO)
Office of the Undersecretary Citigold Center, 1345 Pres.
for Migrant Workers’ Affairs Quirino Ave. corner
(DFA-OUMWA) Pres. Osmena Highway, Manila
2330 Roxas Blvd., Pasay City Trunkline : (632) 552-4700
Tel : (632) 834-3000 / 834-4000 Fax : (632) 561-8330
“Protect Filipino Women” / 832-1672 Email : info@cfo.gov.ph /
Mr. Ejem B. Alarcon (Quezon City) Fax : (632) 551-0847 Website : www.cfo.gov.ph /
2nd Prize, CFO Anti-Mail Order Bride Email : oumwa@dfa.gov.ph
Poster Making Contest Website : www.dfa.gov.ph
44 45
Philippine Overseas Philippine Center on Ex-Officio Members Commission on
Employment Administration Transnational Crime (PCTC) Human Rights (CHR)
(POEA) ACTC Bldg., Camp Crame, SAAC Building, Commonwealth
EDSA corner Ortigas Avenue, Quezon City Avenue, UP Complex,
Mandaluyong City, Philippines Tels : (632) 724-2362 / 723-0401 National Bureau of Diliman, Quezon City
POEA Hotlines: to 20, local 4295 & 4395 Investigation - Anti-Human Tel : (632) 928-5655 / 926-6188
(632) 722 1144 / 722 1155 Fax : (632)724-8775 Trafficking Division Telefax : (632) 929-0102
Anti-Illegal Recruitment Division: Email : center@pctc.gov.ph (NBI-AHTRAD) Website : www.chr.gov.ph
(632) 721-0619 Website : www.pctc.gov.ph Taft Avenue, Manila
Email : info@poea.gov.ph Tel : (632) 521-9208, 523-7414
Website : www.poea.gov.ph Fax : (632) 526-1216
Blas F. Ople Policy Center Email: ahtrad@nbi.gov.ph Other Partners
and Training Institute Website: www.nbi.gov.ph
Bureau of Immigration (BI) 2295 Wycliff Townhouse,
Magallanes Drive, Roberts St., Pasay City
Intramuros, Manila Tel : (632) 833-5337 Anti-Money Laundering
Tel : (632) 465-2400 Telefax : (632) 833-9562 Council (AMLC)
Fax : 309-7752 Email: Council for the Welfare of 5th Floor, EDPC Building, BSP
Website: blasoplecenter@gmail.com Children (CWC) Complex, Mabini corner
www.immiration.gov.ph Website: 10 Apo Street Sta. Mesa Vito Cruz Street, Malate
www.blasoplecenter.com Heights, Brgy Sta. Teresita, Trunkline : (632) 708-7701
Quezon City local 3083, 3084
Philippine National Police (PNP) Tels : (632) 7408864 / 7405490 Fax : (632) 708-7909
Women and Children Protection International Justice Telefax : (632) 742-2010 Email: secretariat@amlc.gov.
Center Mission (IJM) Email : cwc@cwc.gov.ph ph/ amlc@bsp.gov.ph
Camp Crame, Quezon City Tel : (632) 637-3983, Website : www.cwc.gov.ph Website : www.amlc.gov.ph
WCPC Hotline : 0919-777-7377 636-5732, 638-5615
Tel : (632) 410-3213 Fax : (632) 633-7707
Website : www.pnp.gov.ph Email: infomanila@ijm.org Overseas Workers Welfare
Website: www.ijm.org Administration (OWWA)
National Youth F.B. Harrison St., Pasay City
Philippine Commission Commission (NYC) Hotlines : (632) 833-OWWA or
on Women (PCW) Visayan Forum Foundation, Inc. 3/F West Insula Building, 833-6992/551-6641/551-1560
1145 J.P. Laurel St., No. 18, 12th Avenue, Brgy. West Avenue, Quezon City Text : (0917) TXT-OWWA
San Miguel, Manila Socorro, Cubao, Quezon City Tels : (632) 448-7330 / 448- or 0917- 8986992
Tel : (632) 735-4955 Tel : (632) 709-0711, 709-0573 7440 /448-7669 Fax : (632) 804-0638 /551-6651
Fax : (632) 736-4449 Fax : (632) 421-9423 Email : info@nyc.gov.ph Email : opcenter@owwa.gov.ph
E-mail: chairperson@pcw.gov.ph Email: Website : www.nyc.gov.ph Website: www.owwa.gov.ph
/edo@pcw.gov.ph director@visayanforum.org
Website : www.pcw.gov.ph Website : www.visayanforum.org
46 47
Presidential Communications Philippine Against Child Batis Center for Women World Youth Alliance
Operations Office (PCCO) Trafficking (PACT) 54 K-9th, West Kamias, – Asia Pacific (WYAAP)
2nd Flr., New Executive Bldg., Rm. 316, PSSC Bldg., Quezon City 303 Xanland Place, 323
Malacanang Palace Commonwealth Ave., Telefax : (632) 709-7481 Katipunan Ave., Loyola Heights,
Compound, Manila Diliman, Quezon City Email: batiscenter@yahoo.com Quezon City
Tel : (632) 733-3630 / 735-3538 Telefax : (632) 929-0347 Website: Telefax : (632) 921-5162
Fax : (632) 734-5883 Email : www.batiscenterforwomen.org Email : asiapacific@wya.net
Email : pcoo.edp@gmail.com philippinecampaign@gmail.com Website : www.wya.net
Website : www.pcoo.gov.ph Website : www.pact.org.ph
Dynamic Outsource
Philippine Information Solutions, Inc. (DOS-1) Dakila
Agency (PIA) Coalition Against Trafficking of 4th Flr., Cargohaus Bldg., VSI Bldg., Kalayaan Ave.,
3rd Flr., PIA Bldg., Visayas Ave., Women-Asia-Pacific (CATW-AP) Brgy. Vitalez, NAIA Complex, Quezon City
Diliman, Quezon City Unit 203, Tempus Place, 21 Paranaque City Telefax : (632) 435-4309
Telefax : (632) 920-3924 Matalino St., Central District, Tel : (632) 793-2102 Email : mabuhay@dakila.org.ph
Website : www.pia.gov.ph Quezon City Fax : (632) 793-2161 Website : www.dakila.org.ph
Telefax No: (632) 434-2149 Website : www.dos1.com.ph
Email : catw-ap@catw-ap.org.ph
Website : www.catw-ap.org.ph
Movie and Television
Review and Classification Quantum X, Inc.
Board (MTRCB) Kapisanan ng mga Brodkaster 62 Stanford St., Brgy. E.
MTRCB Building,18 Timog ng Pilipinas (KBP) Rodriguez, Cubao, Quezon City
Avenue, Quezon City End Child Prostitution, Perea St., Legaspi Village, Tel : (632) 709-4011
Tel : (632) 376-7380 Child Pornography and Makati City Fax : (632) 440-7454
Fax : (632) 376-7379 Trafficking of Children for Tels : (632) 815-1990 to 92 Website : www.quantumx.ph
Email: admin@mtrcb.gov.ph Sexual Purposes (ECPAT) Fax : (632) 815-1989 and 93
Website : www.mtrcb.gov.ph 143 Anonas Extension, Sikatuna Email : kbp@kbp.org.ph
Village, Diliman, Quezon City Website : www.kbp.org.ph
Tel : (632) 920-8151
Fax : (632) 441-5108
International Organization for Email : ecpatphil@gmail.com
Migration (IOM) Philippines Website: Arellano Law Foundation (ALF)
Citibank Tower, Makati City www. ecpatphilippines.org Taft Avenue corner Menlo St.,
Tel : (632) 230-1762 Pasay City
Fax : (632) 848-1257 Tel : (632) 404-3089 to 93
Website : www.iom.int local 15
Fax : (632) 521-4691
48 49
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