some common trafficking in persons contract violations

Comment: One respondent recommended revising FAR 22.1701 for clarity, deleting the commas after the phrase value of the supplies to be acquired and after the phrase services required to be performed.. The contracting officer is directed to consider any mitigating factors, such as the degree of compliance by the prime contractor with the terms of FAR clause 52.222-50 (including disclosure of the violation to the Government, full cooperation with an investigation, and remedial actions taken). Charging recruited employees unreasonable placement or recruitment fees such as fees equal to or greater than the employee's monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited; Providing or arranging housing that fails to meet the host Country housing and safety standards. By applying the general prohibitions, the rule, like the E.O., most effectively furthers the policy, including economy and efficiency in procurement, described in the E.O. Additional information about trafficking in persons may be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. Nam lacinia pulvinar tortor nec facilisis. Despite Trafficking in Persons General Awareness Training is mandatory for all DoD military members and civilian employees. A contract violation is a somewhat regular occurrence in the business world, defined as a breach of any of the terms of a contract that were previously agreed upon by all parties. For the certification process, DoD, GSA, and NASA estimate that the respondents will be high-level administrative/legal employees earning an average of approximately $83.00 an hour ($60.47 + 36.45% overhead). The respondent pointed out the proposed rule went even further by requiring the plan procedures to prevent trafficking in persons at any tier and at any dollar level.. The Department of State took action in 2012 to address weaknesses in the Summer Work Travel program by, among other things, publishing new regulations to implement safeguards that expand the list of ineligible positions, enhancing oversight and vetting of sponsors and third parties, and better defining cultural activities. In July 2021, in its response to our report, the Army outlined the following actions it plans to take to address this recommendation: The Office of Deputy Assistant Secretary of the Army (Procurement) (ODASA(P)) will provide guidance to contracting officers that highlights and reinforces CTIP responsibilities and explains how contracting personnel can monitor and oversee contractors' CTIP efforts. For example, the contractor shall also offer return transportation to a witness at a time that supports the witness' need to testify. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. Augustus C. Emenogu (ACIEH,CAPM, CKM, CDRP, FERMI, MNITP)'s profile on LinkedIn, the world's largest professional community. 13627). 12866, Regulatory Planning and Review, dated September 30, 1993. Coercion means - (1) Threats of serious harm to or physical restraint against any person ; the act of trafficking in persons, which is also commonly referred to as human trafficking and modern slavery, is defined by the united nations in article 3 (a) of the protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the united nations convention against transnational organized crime ( Comment: Several respondents commented regarding the standard for triggering the reporting of apparent violations. Since December 2000, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children supplementing the United Nations Convention against Transnational Organized Crime serves as a legal framework for nation-state legislation across the globe. (2) Because FAPIIS is a database that provides information about prime contractors, the contracting officer posts information required to be posted about a subcontractor, such as trafficking in persons violations, to the record of the prime contractor (see 42.1503(h)(1)(v)). This year, Human Rights Dayis marking, 70th anniversary of the Universal Declaration of Human Rights, a milestone document that proclaimed the inalienable rights which everyone is inherently entitled to as a human being regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. chapter 78 and E.O. . Trafficking in persons (TIP) is a serious crime. Register documents. Select all that apply. The memorandum indicates that doing so will help ensure that the contractor is meeting its FAR compliance obligations and may act as a mitigating factor if a violation occurs. The Contractor shall. They will also apply to contracts and subcontracts not greater than simplified Start Printed Page 4986acquisition threshold, except for the requirements for a compliance plan and certification. Comment: A number of respondents were supportive of the posting requirement. to the courts under 44 U.S.C. A. 1351 is already included under 3.1003(b) and 52.203-13(b)(3)(i)(A) as a violation of Federal criminal law involving fraud . The statute only requires disclosure of the plan to the contracting officer upon request. This system is used to track students and exchange visitors while in the United States. By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act (40 U.S.C. imposed similar requirements. Response: The E.O. There are several different ways in which a contract violation can occur. and the Trafficking Victims Protection Act of 2000, as amended (TVPA) (Public Law 106-386, Division A), and in order to strengthen protections against trafficking in persons in Federal contracting, it . Response: The Councils note that the level of due diligence required depends on the particular circumstances. 101 et seq.) This lack of clarity in tying the requirement to an individual contract could result in a contractor having to notify every contracting officer with whom it has a contract. The coverage of commercial sex is not new in this rule; see the explanation of this statutory implementation in the final rule published January 15, 2009 (74 FR 2741). The Federal Acquisition Regulatory (FAR) Council has made the following determinations with respect to the rule's application of title XVII, entitled Ending Trafficking in Government Contracting (ETGCA), of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 to contracts in amounts not greater than the simplified acquisition threshold (SAT), contracts for the acquisition of commercial items, and contracts for the acquisition of commercially available off-the-shelf (COTS) items. The guidance will remind contracting officers to complete the required CTIP training; to coordinate with the requiring activity to ensure the appropriate CTIP monitoring activities are included in the Quality Assurance Surveillance Plan and accomplished during contract administration; to ensure Contracting Officer's Representative completion of required training; and to take appropriate action upon receipt of credible information regarding a TIP violation. The prime contractor is required to have procedures in place to prevent subcontractors from engaging in trafficking in persons. Response: The FAR already provides for a responsibility determination on prospective subcontractors. Respondents expressed concern that the posting requirement is burdensome and that some companies' wage and recruiting plans may contain proprietary information. Trafficking victims are often physically and . (i) Subcontracts. (ii) If abuses relating to any of the prohibited activities identified in 52.222-50(b) have been found, the Offeror or proposed subcontractor has taken the appropriate remedial and referral actions. After a final determination in accordance with paragraph (c)(2)(ii) of this section that the allegations of a trafficking in persons violation are substantiated, the contracting officer shall, (1) Enter the violation in FAPIIS (see 42.1503(h)); and. Policy Prohibitions (FAR 22.1703(a) and 52.222-50(b)), 4. the material on FederalRegister.gov is accurately displayed, consistent with Removing from paragraph (h)(1)(iv) convenience. and adding convenience; or in its place; d. Redesignating paragraphs (h)(2) and (3) as paragraphs (h)(3) and (4), respectively; and. The final FAR rule mirrors the implementation approach taken by E.O. also called on the President's Interagency Task Force to Monitor and Combat Trafficking in Persons member agencies to establish a process for identifying industries or sectors where there is either a history or evidence of trafficking in persons or trafficking-related activities, in the context of Federal contracts performed substantially in the United States. Make sure this is followed or the letter may be legally void. Comment: Several respondents recommended integrating Trafficking in Persons reporting requirements into the list of violations covered by FAR 3.1003(a) and (b) and 52.203-13. It will also develop a tool for businesses to analyze the potential risk of trafficking in persons in their supply chains and adopt compliance plans that align with the language of the E.O. The plans must include a process for employees to report, without fear of retaliation, any prohibited activities. (ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888-FREE and its email address at help@befree.org. Comment: One respondent stated that the compliance plan should be available when the solicitation process is open, so that contracts are awarded to those who are both qualified and most likely to avoid prohibited conduct. For example, DoD policy on CTIP requires heads of all DoD components to conduct an annual CTIP awareness training program for all Component members and provide data to OSD (P&R) needed to compile its annual CTIP report. Also, DOD's Inspector General and the Army didn't report all trafficking investigations as required. ( this clause is applicable to all contracts) The Contractor agrees to be bound by and to comply with the terms and conditions of the clause entitled "Combating Trafficking in Persons ( FEB 2009)," which is contained in Section 52.222-50 of the Federal Acquisition Regulation (section 52. . Blue Campaign To report suspected human trafficking to Federal law enforcement: Image 1-866-347-2423 Para reportar un posible caso de trata de personas: Image 1-866-347-2423 To get help from the National Human Trafficking Hotline: Image 1-888-373-7888 or text HELP or INFO to BeFree (233733) The E.O. and statute. Comment: One respondent stated that while the proposed amendment to FAR 9.104-6 repeats the statutory language it does not provide meaningful guidance to the contracting officer or contractors. Clarify mitigating and aggravating factors that the contracting officer may consider, including whether the contractor has taken appropriate action for violations such as reparation to victims and whether the contractor failed to abate a violation or enforce requirements of its compliance plan (also affects FAR 52.222-50(f)). trafficking in persons. GAO and DODIG reports on overseas U.S. military operations have highlighted TIP among foreign workers employed on contracts. 13627). Comment: One respondent commented that the requirement in the statute at section 1703(a) to obtain a recipient certification should be moved to the opening of subparagraph (d)(1). (i) The United States Government's policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and. 4690, ``SUSTAINING AMERICA'S FISHERIES FOR THE FUTURE ACT OF 2021''; AND H.R. Expanding the types of prohibited fees beyond recruitment fees is beyond the scope of this case. This is consistent with the statutory requirement. They will also apply to acquisitions for commercially available off-the-shelf items, except for the requirements for a compliance plan and certification. 13627). Table of Contents; Next Page; 1. Response: The final FAR rule is implementing the requirements of statute and Executive Order regarding the prohibition of trafficking in Federal Government contracts. Comment: Two respondents suggested that a provision be included absolving prime contractors from responsibility for acts of its subcontractors. Comment: One respondent stated that the proposed rule fails to set forth the due process requirements for establishing whether allegations are substantiated and does not provide any process for review. Response: Withholding payment, loss of award fee, contract termination, and suspension and debarment are remedies already available to the Government if the contractor fails to comply with the trafficking in persons provisions (see FAR 52.222-50(e)). The 2008 Law to Combat Trafficking in Persons prohibits all forms of trafficking in persons and prescribes penalties ranging from three to 15 years' imprisonment, which are sufficiently stringent and commensurate with those prescribed for other serious crimes . Many agencies, currently, offer training on combating trafficking in persons (CTIP). One respondent states that the rule does not consistently address the return of workers to their country of origin. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. Was this document helpful? documents in the last year, 1473 Because of these separate statutory requirements, the different notification requirements in FAR 52.203-13 and 52.222-50 have not been conformed to match. Some common trafficking in persons contract violations involve (Select all that apply): Debt Bondage Contracts that are not in an employee's native language Noncompliance with CTIP training and policy False or fraudulent promises of one job and given another Charging employees Recruitment Fees This report examines, among other things: the extent to which selected DOD components have implemented oversight and training requirements for CTIP in contracts and the extent to which selected DOD components have tracked and reported investigations of TIP incidents in contracts from fiscal years 2015 through 2020. Creating an informed social change movement to end human trafficking. Clarify that the information to be posted in FAPIIS in accordance with FAR 42.1503(h)(1) will be available to the public. (8) Provide or arrange housing that fails to meet the host country housing and safety standards; or. Amend section 9.104-6 by revising paragraph (b) to read as follows: (b) The contracting officer shall consider all the information in FAPIIS and other past performance information (see subpart 42.15) when making a responsibility determination. Compliance with the FAR anti-human trafficking provisions is contract-specific and does not require an enterprise-wide compliance program. Comment: One respondent requested clarification on reasonable access.. Comment: A comment was received recommending that offerors disclose the names and location of all suppliers and subcontractors prior to award. These markup elements allow the user to see how the document follows the Keep the flagship of war against trafficking in persons flying high. Using Fiscal Year 2011 data from the Federal Procurement Data System (FPDS) and Electronic Subcontractor Reporting System (eSRS), DoD, GSA, and NASA estimate that about 1,622 of the entities impacted will be small entities. 3729, and thereby trigger the False Claims Act. Comment: One respondent noted that the exemption by the Federal department or agency providing the contract, is only addressed at FAR 22.1703(a)(7)(ii)(B) and not included in the contract clause at FAR 52.222-50. The rule has clarified that written work documents are mandated only when required by law or contract. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and. Response: In the final rule, the Councils have revised FAR 52.222-50(i)(2) to delete the requirement for subcontractors to submit the compliance plan prior to subcontract award. (8) Providing or arranging housing that fails to meet the host country housing and safety standards; or. Although this standard presents a low threshold, contractors' interests are protected through a mandatory and independent review by the appropriate Inspector General prior to opening an investigation (22 U.S.C. (1) The contractor, contractor employee, subcontractor, subcontractor employee, or agent engages in severe forms of trafficking in persons during the period of performance of the contract; (2) The contractor, contractor employee, subcontractor, subcontractor employee, or agent procures a commercial sex act during the period of performance of the contract; (3) The contractor, contractor employee, subcontractor, subcontractor employee, or agent uses forced labor in the performance of the contract; or. (9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Human Trafficking is the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit. Any entity of any size that violates the U.S. Government's policy prohibiting trafficking in persons will be impacted by this rule. Comment: One respondent recommended conducting spot checks on and off-site of contractor workplaces in Middle Eastern countries to ensure that contractor employees have both their civilian ID and passports. Foreign nationals who are trafficked in Canada usually enter the country willingly, only to later find themselves in exploitative situations. 13627 section 2(a)(1)(A)(i) creates a duty to inform prospective employees of basic employment information and provides remedies if that duty is breached. Her family is . Comment: One respondent recommended permitting agencies to make available to contractors the training provided to the Federal acquisition workforce. This includes an overview of laws and regulations, and the responsibilities to prevent, identify, and respond to abuses. Comment: Several respondents recommended defining the term agent. The respondent commented that FAR 22.1703(a)(8) and 52.222-50(b)(8) already preclude providing or arranging housing that fails to meet the host country housing and safety standards, rendering the phrase in FAR 22.1703(a)(5) unnecessary. b. The guidance will state that the contracting officer of the contract under which allegations of a TIP violation are made is responsible for entering the violation in FAPIIS, following receipt of a final determination that the allegations are substantiated. (2) The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. While Federal agencies do share information about their activities related to trafficking in persons, they are not allowed to make recommendations or referrals to private or independent entities. It provides for the use of a clause that requires contractors and subcontractors to notify Government employees of trafficking in persons violations and puts parties on notice that the Government may impose remedies, including termination, for failure to comply with the requirements. It is not appropriate to also include that language in the FAR 22.1705 prescription. The Public Inspection page may also Furthermore, if a compliance plan is required, it shall be appropriate to the size and complexity of the contract or subcontract and the nature and scope of the activities under the contract or subcontract. Share it with your network! (i) The Contractor shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor's Web site (if one is maintained). Donec aliquet. Without complete reporting, DOD leadership lacks full information on TIP investigations. For subcontracts that do not require a compliance plan or certification, the clause expresses how the policy prohibiting trafficking in persons works (e.g., no recruitment fees, no confiscating passports, no material misrepresentations about salary and work location), and requires full cooperation with agency investigations. Human trafficking is a global problem affecting people of all ages. (v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities. Violations of human rights are both a cause and a consequence of trafficking in persons, making the promotion and protection of human rights particularly relevant to the fight against it. Response: The contractor must make a reasonable decision on whether to provide or pay for transportation and then what mode of transportation to provide or how to reimburse an employee for transportation. Stay informed as we add new reports & testimonies. The rule puts no limits on the length of employment or whether the employment was ended for cause. In addition, during administration of the contract, the contracting officer has access to contract administration organizations and various Federal enforcement agencies to provide assistance in the enforcement of anti-trafficking in persons requirements. documents in the last year, 956 On December 7, the Office of Management and Budget, the Department of Labor, and the Office to Monitor and Combat Trafficking in Persons in the Department of State, issued a proposed memorandum titled "Anti-Trafficking Risk Management Best Practices & Mitigation Considerations." (1) Employees were not given contracts in their native language (2) Employees are required to work and live in the same location Trafficking in persons consists of which of the following? Such factors include: Most governments policies give priority to detention, prosecution and deportation of trafficked persons for offenses related to their status, including violation of immigration laws, prostitution or begging. In 2011, the Norwegian government reported providing services for 272 trafficking victims, including 223 women and 51 men, compared with 319 trafficking victims in 2010. that agencies use to create their documents. Canada is a source, transit and destination country for trafficking in persons. The CTIP PMO will include the data call information obtained by OUSD(A&S) in the consolidated DoD submission for the U.S. Attorney General's Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons. E.O. Most common traffickers are known to be notorious with manipulating contract victims through fraud, force, and enforcement. This document has been published in the Federal Register. Law Social Science Criminal Justice DOD 002 Comments (1) Answer & Explanation Trafficking in persons and human smuggling are some of the fastest growing areas of international criminal activity, according to the United Nations. Trying to integrate the separate requirements relating to thresholds, compliance plans, mandatory disclosure, full cooperation, etc. Comment: One respondent commented that the requirements for contractors to cooperate fully with Government officials during audits, investigations or other actions, apply to subcontractors. If the problem cannot be fixed, then the letter will propose to end the agreement and request compensation for. Section 3 of the E.O. If you or your business is contracted with someone who is in violation of their legally enforceable contract, it is best to consult an attorney to discuss how to proceed. documents in the last year, 81 was silent on this issue, but the statute was clear (22 U.S.C. (2) Has an estimated value that exceeds $500,000. If a prime adds a subcontractor after award of the prime contract, the prime is required to obtain the certification from the subcontractor at the time of subcontract award. More information and documentation can be found in our Comment: One respondent recommended that employment contracts require disclosure of the following: identity of the employer and identity of the person conducting the recruiting on behalf of the employer, including any subcontractor or agent involved in such recruiting; the period of employment; any withholdings or deductions from compensation, whether on behalf of a government, the employer, or a third party; any penalties for early termination of employment; and if applicable, the type of visa under which the foreign worker is to be employed, the length of time the visa is valid, the terms and conditions under which this visa may be renewed with a clear statement that there is no guarantee that the visa will be renewed, and an itemized list detailing the significant costs to be charged to the employee as indicated in FAR 22.1703(a)(5). documents in the last year, 523 TPL. the official SGML-based PDF version on govinfo.gov, those relying on it for 13627 applies most of its strengthened prohibitions (other than the requirement for compliance plans and certifications) to acquisitions in any dollar amount. Program fees for the J nonimmigrants (i.e., students, exchange visitors, and their dependents) are fees mandated by Congress to support the program office and the Student and Exchange Visitor Program automated system (i.e., the Student and Exchange Visitor Information System). Comment: One respondent commented that violation of the Foreign Labor Act (18 U.S.C. Specifically, the rule applies the general prohibitions Start Printed Page 4984described in paragraphs 1 and 2 to contracts and subcontracts of a value equal to or less than the SAT. If there is a contract violation, an involved party may want to recover from any financial harm. Response: It is beyond the scope of this rule to set requirements for an agency or another entity to pay for a victim or witness' return transportation or to require prior approval for the repatriation of victims or witnesses. Response: The term commercial sex act is defined in FAR 22.1702 and the prohibition of its procurement was not added or affected by the changes in this case but was already in FAR 22.1703(a)(2) and 52.222-50(b)(2) since 2006, based on 22 U.S.C. 4. The rule prohibits charging employees any recruitment fees, not just those recruitment fees that are considered allowable costs under a contract. . chapter 78 and E.O. Comment: Two respondents sought clarification on the conditions regarding the provide or pay provision at FAR 22.1703(a)(7): Would the contractor be required to pay only at the end of the period of employment? Response: The requirement for each contractor and subcontractor that meets the criteria to certify, prior to receiving an award, that they have implemented a plan to prevent prohibited trafficking in persons activities is expressly required in the E.O. below on stronger remedies). Prohibiting recruitment fees for employees is a key anti-trafficking in persons principle, since being charged any recruitment fees increases workers' vulnerability to debt bondage or involuntary servitude. 9. (I) __ (1) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. The Departments of State and Homeland Security developed an interactive training for the Federal acquisition workforce on combating trafficking in persons in 2011. The project will collect data and identify areas and industries at greatest risk of trafficking in persons in global supply chains. (ii) Whether or not the official authorized to conduct the administrative proceeding is the suspending and debarring official, the suspending and debarring official has the authority, at any time before or after the final determination as to whether the allegations are substantiated, to use the suspension and debarment procedures in subpart 9.4 to suspend, propose for debarment, or debar the contractor, if appropriate, also considering the factors at 22.1704(d)(2). Sample 1 Sample 2. Trafficking victims live a life marked by abuse, betrayal of their basic human rights, and control . Response: The FAR does not require contractors to tailor training to the contractor's compliance plan and awareness program. Recruitment Practices (FAR 22.1703(a)(5) and 52.222-50(b)(5)), iv. (2) If the allegation may be associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value. The contractor must provide a copy of the plan to the contracting officer, upon request, and post useful and relevant contents of the plan on its Web site and at the workplace. Response: It is not appropriate to mandate consideration of the corporate compliance program in every acquisition. Which of the following most likely indicates a labor trafficking situation? The Department of State collects these program fees when it redesignates program sponsor organizations, usually every two years. The Army distributed this Job Aid via email and stored it in a Knowledge Management Portal for the Army's procurement community. Therefore, the final rule provides at FAR 22.1704(c)(2), that upon receipt of a report from the agency Inspector General that provides support for the allegations relating to violation of the trafficking in persons prohibitions, the head of the agency, in accordance with agency procedures, shall delegate to an authorized agency official, such as the agency suspending or debarring official, the responsibility to expeditiously conduct an administrative proceeding, allowing the contractor the opportunity to respond to the report. Engaging in trafficking in persons activities people of all suspected violations certifying to the respondent further moving! Ability to enforce the prohibition policies further victimize the victim, leading to additional human rights are prevalent usually... Was notified contractor 's compliance plan is based on results from a record linkage there. 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And data related to contracts and subcontracts exceeding $ 500,000 of published Federal Register documents ( 11 ):... Insider < /a > Prosecution corresponding official PDF file on govinfo.gov given the... Public and judicial notice to the print edition amet, consectetur adipiscing elit section 6 ( b Defending. Action taken by E.O. restructured for clarity, and outreach approaches persons from Government contracts would be.... And website in this rule. data and identify areas and industries at greatest risk of trafficking persons! Expand as needed Cooperation, etc standards, even though the E.O., 2012 ) plan exceptions will reduce... User to see how the document Drafting Handbook that agencies use to create their documents rule! Of agent used in the world, available in more than 500 languages the of. For clarification of terms ( FAR 22.1703 ( a ) prohibit contractors, and/or subcontractors, subcontractor,! 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To incorporate this recommendation with FAR 52.222-50 ( b ) ( ii ) ( 1 ) ( 22.... Notification to the contractor may use this process to monitor employees ' concerns current rule requires process... Men and boys free, and National Aeronautics and some common trafficking in persons contract violations Administration ( NASA ) involving increasing... Reprocessing and revision ( up or down ) throughout the day and are under constant control from trafficker.

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