Administrative sanctions Economic sanctions Group or joint liability Human trafficking Procurement
Federal contractors are forbidden from using misleading or fraudulent recruitment practices; charging employees recruitment fees; destroying, concealing, or confiscating an employee’s identity documents; failing to pay return transportation costs for work performed outside the United States; or any other specific activities that directly promote or support trafficking in persons; the procurement of commercial sex acts; or the use of forced labor. Contractors and subcontractors must also cooperate fully in any audits, investigations or other actions to ascertain compliance with the TVPA, this order, or any other applicable law or regulation relating to human trafficking. If a contracting officer is aware of any activity that may violate any anti-trafficking regulation, he or she must notify the appropriate federal agent responsible for initiating suspension and debarment actions and law enforcement if necessary.
The Executive Order requires the amendment of the Federal Acquisition Regulation (FAR) in order to “strenthen the efficacy of the Government’s zero-tolerance policy on trafficking persons by Federal contractors and subcontractors”. These amendments have been implemented in Sub-part 22.17 and 52.222-50 of the FAR and are now in force.
Law / 25 September 2012 / United States / Executive Order 13627 - Strenthening Protections Against Trafficking in Persons in Federal Contracts
Executive Order 13627 prohibits federal contractors from engaging in practices that relate to or may lead to human trafficking. The order also imposes certain requirements for the prevention of human trafficking on contracts and subcontracts for materials or services outside the United States.
Failure to comply with the requirements may result in suspension/debarment, termination of the federal contract, imprisonment for false certification, False Claims Act liability and civil litigation. The Order also tasks the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons with establishing a process for evaluating and identifying high-risk industries or sectors.