18 U.S.C. § 1351

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Coercive, unfair or deceptive recruitment Corporate criminal liability Criminal liability Procurement

Section 1351 as introduced by the TVPA prohibits fraudulent recruitment of overseas workers for work in the US.  Amendments made by the National Defense Authorization Act 2013 also extended the scope of this provision to cover recruitment for work outside the US for the purpose of work performed under a US Government contract or on premises owned and controlled by the US Government. The penalty for both offences is imprisonment for maximum five years or a fine or both.

Notes

This section was introduced by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.

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Section 1351.

(a)Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both.

(b)Work Outside the United States.— Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.

Law / United States / Trafficking Victims Protection Act and its Reauthorizations

The Trafficking Victims Protection Act (TVPA) and its Reauthorisations implement an extensive range of measures designed to combat human trafficking, forced labour and slavery, and to protect the rights of victims. The measures include: the criminalisation of ‘sex trafficking’ and trafficking for the purpose of forced labour; the provision of ‘T visas’ to some victims of trafficking and their families; provision for restitution and civil remedies for victims; and the creation of the ‘Office to Monitor and Combat Trafficking in Persons’ which monitors and evaluates the efforts of the U.S. and other countries in preventing and prosecuting human trafficking and protecting victims.