Human Trafficking

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The U.S. Government Accountability Office (“GAO”) recently released a new report finding that Army and Navy contracting officials were unaware of their oversight responsibilities regarding  combating trafficking in persons. Though the U.S. Government has a zero tolerance policy when it comes to human trafficking, GAO’s report indicates that Department of Defense (“DOD”) officials have been lax in ensuring contractor compliance with anti-human trafficking requirements. Of particular concern are human trafficking activities by contractors on U.S. military bases overseas. Most commonly these cases involve foreign workers employed on U.S. Government contracts overseas that are subjected to labor abuses, such as wage withholding.[1]
Continue Reading Does Your Contract Work Abroad Require A Combatting Trafficking In Persons Compliance Plan? Now Is A Good Time To Check

Since 2005, federal contractors have been on notice that the Government has “zero tolerance” for any federal contractor found to be complicit in aiding human trafficking. For the past seven years, however, that “zero tolerance” has been focused on halting only some aspects of human trafficking, namely involuntary servitude and commercial sex acts. We have previously discussed the human trafficking regulations that are currently in place here. But, as Bob Dylan once said, “The times, they are a changing.” On September 25, 2012, President Obama issued an executive order requiring the Federal Acquisition Regulations (“FAR”) Council to amend the FAR to strengthen protections against human trafficking in persons. As before, the new FAR requirements will apply to solicitations, contracts, and subcontracts for supplies or services (including construction and commercial items) and prohibit contractors and subcontractors from engaging in various trafficking-related activities. However, the trafficking activities identified in the Executive Order have expanded dramatically and will require contractors to plan review, and to revamp as needed, their policies and procedures for the recruitment of personnel and the monitoring of compliance with the expanded requirements.
Continue Reading The Government on Combatting Human Trafficking: “We REALLY, REALLY Mean It”

By: John W. Chierichella

In our February 2009 posting, we commented on the final rule implementing, via FAR 52.222-50 (“Combating Trafficking in Persons”), the Trafficking Victims Protection Reauthorization Act of 2005.

On January 1, 2012, companies doing business in California will have state-level disclosure obligations to deal with in this realm as well. That is the effective date of the California Transparency in Supply Chains Act of 2010, which imposes obligations on every large retailer and manufacturer doing business in California to disclose whether it has taken specified actions to eliminate slavery and human trafficking from its product supply chain.
 Continue Reading New Disclosure Requirements For Companies Doing Business In California

On January 15, 2009, the FAR Councils issued the final rule implementing the provision of the Trafficking Victims Protection Reauthorization Act of 2005 ("TVPA") 22 U.S.C. § 7104(g).  The final rule is implemented by FAR 52.222-50 entitled “Combatting Trafficking in Persons.”
 Continue Reading FAR Councils Issue Final Rule for Human Trafficking