Section 1703

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Coercive, unfair or deceptive recruitment Economic sanctions Human trafficking Procurement Retention of travel and identification documents

This section establishes a requirement that any recipient of a Federal Government grant or contract certify that the recipient does not engage in human trafficking or related activities, and has implemented a plan to prevent human trafficking activities and procedures to monitor and detect such activities by subcontractors or employees. Such plan must be provided on request, and if appropriate, should be posted on the recipient’s website.

Notes

Section 1702 of this Act outlines the offences to which these obligations relate, including severe forms of trafficking persons and the use of forced labour in the pefromance of the relevant grant or contract. It also covers “acts that directly support or advance trafficking in persons”, including confiscating identity documents, failing to provide return transportation, fraudulent recruitment, and charging unreasonable recruitment fees.

The plans or procedures to be implemented under this section should be appropriate to the size and complexity of the grant or contract and to the nature and scope of the activities covered.  The Government also undertakes in this section to produce guidance on the minimum requirements for contractor plans and procedures.

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Section 1703. Compliance Plan and Certification Requirement

(a) REQUIREMENT.The head of an executive agency may notprovide or enter into a grant, contract, or cooperative agreementif the estimated value of the services required to be performedunder the grant, contract, or cooperative agreement outside theUnited States exceeds $500,000, unless a duly designated representativeof the recipient of such grant, contract, or cooperative agreementcertifies to the contracting or grant officer prior to receivingan award and on an annual basis thereafter, after having conducteddue diligence, that—(1) the recipient has implemented a plan to prevent theactivities described in section 106(g) of the Trafficking VictimsProtection Act of 2000 (22 U.S.C. 7104(g)), as amended bysection 1702, and is in compliance with that plan;(2) the recipient has implemented procedures to preventany activities described in such section 106(g) and to monitor,detect, and terminate any subcontractor, subgrantee, oremployee of the recipient engaging in any activities describedin such section; and(3) to the best of the representative’s knowledge, neitherthe recipient, nor any subcontractor or subgrantee of therecipient or any agent of the recipient or of such a subcontractoror subgrantee, is engaged in any of the activities describedin such section.

(b) LIMITATION.—Any plan or procedures implemented pursuantto subsection (a) shall be appropriate to the size and complexityof the grant, contract, or cooperative agreement and to the natureand scope of its activities, including the number of non-UnitedStates citizens expected to be employed.

(c) DISCLOSURE.—The recipient shall provide a copy of theplan to the contracting or grant officer upon request, and as appropriate,shall post the useful and relevant contents of the planor related materials on its website and at the workplace.

(d) GUIDANCE.—The President, in consultation with the Secretaryof State, the Attorney General, the Secretary of Defense,the Secretary of Labor, the Secretary of Homeland Security, theAdministrator for the United States Agency for InternationalDevelopment, and the heads of such other executive agencies asthe President deems appropriate, shall establish minimum requirementsfor contractor plans and procedures to be implemented pursuantto this section.

Law / United States / National Defense Authorization Act of 2013

The National Defense Authorization Act is a federal law that specifies the budget and expenditure for the US Department of Defense each year. Title XVII of the 2013 Act provides  governmental agencies the ability to terminate any contract or grant with any organization or individual that engages in human trafficking, forced labour, or in” acts that directly support or advance trafficking in persons.” The Act also establishes a certification requirement, and methods of reporting and investigating allegations of human trafficking associated with government contracts and grants.