LAW DETAILS
COUNTRY
United States of America
CATEGORY
International Trade: Human Trafficking Prohibition
LEGAL CODE TITLE
Strengthening Protections against Trafficking in Persons in Federal Contracts, and Implementing Federal Acquisition Regulations
LEGAL CODE REFERENCE
Executive Order 13627
REVISION DATE
March 2, 2015
APPLICABILITY
Companies servicing US federal contracts
LEGAL JURISDICTION
National / International
LINK TO FULL TEXT OF LAW
SUMMARY OR KEY PROVISION OF THE LAW
The Federal Acquisition Regulation rule Combating Trafficking in Persons, in effect as of March 2, 2015, implements anti-trafficking safeguards in Executive Order 13627 Strengthening Protections Against Trafficking in Persons in Federal Contracts and Title XVII of the National Defense Authorization Act for Fiscal Year 2013, Ending Trafficking in Government Contracting. The rule strengthens the existing prohibition against trafficking in government contracts by expressly prohibiting Federal contractors, contractor employees, subcontractors, and subcontractor employees from engaging in specific types of trafficking-related activities. These include destroying and confiscating identity documents, using misleading recruitment practices, failing to provide return transportation costs upon the end of employment in most situations, failing to provide an employment contract in writing, providing housing that fails to meet standards, and charging employees recruitment fees. Contractors are required to take appropriate action against employees, agents, and subcontractors that violate the prohibitions, and must inform their employees of the prohibited activities and associated consequences. Additionally, where contracts that exceed $500,000 are performed outside the United States, contractors must develop a compliance plan with an employee awareness program, a process for employee reporting of violations, a housing plan, and a wage and hour plan. Such contractors must certify annually that they are implementing their plans, and that neither they or their subcontractors have engaged in the prohibited practices, or that if violations are found in their supply chain that they have taken appropriate remedial and referral actions.
ADDITIONAL RESOURCES: The Responsible Sourcing Tool, launched in 2016 by Verité and the U.S. Department of State, includes a Compliance Plan Template, which is intended for use by companies that need to demonstrate compliance with the Combating Trafficking in Persons requirements of the Federal Acquisition Regulation. (Source: US Department of Labor)
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