Combating Trafficking in Persons Compliance Plan

What is this policy for?

This policy is designed to ensure that all contractors, subcontractors, and subrecipients comply with legal requirements to prevent human trafficking. It outlines steps to prevent, detect, and respond to human trafficking activities, ensuring that individuals involved in the organization or its operations are aware of and adhere to anti-trafficking laws and regulations. The policy also establishes a system for reporting and investigating potential violations and ensures that proper measures are in place to monitor compliance, especially for services provided outside the United States.

Combating Trafficking in Persons

The Federal Acquisition Regulation (FAR) 52.222-50 (Combating Trafficking in Persons) and the USAID Trafficking in Persons Standard Provision (ADS Ch. 303.M20) require that prime contractors, subcontractors, and subrecipients do not participate in human trafficking activities.

Human trafficking includes:

Engaging in sex trafficking.
Purchasing sex (even if it's legal in the local area).
Using force, threats, manipulation, or abuse of power to force someone into labor or exploitation.
Paying or offering money to gain control over another person.
Using threats of harm to force someone to work.

These regulations also require that contractorsand subcontractors report any credible information about possible humantrafficking violations to the government and investigate any potential issues.If the value of services performed outside the United States exceeds $500,000, contractors, subcontractors and subrecipients must create a compliance plan.This plan should, at a minimum, inform employees about anti-trafficking rules,provide a way to report violations, and ensure that subcontractors arefollowing the regulations.

Misleading Recruitment Practices

Misleading or fraudulent recruitment: It is prohibited to use misleading or fraudulent practices during the recruitment or offering of employment, including:
Failing to disclose important information in a clear and understandable way (in a format and language accessible to the worker).
Making false representations regarding:
- Key terms and conditions of employment, such as wages, benefits, work location, housing conditions, and associated costs.
- Any significant costs to be charged to the employee.
- The hazardous nature of the work (if applicable).
Unlawful recruitment practices: Using recruiters who do not comply with local labor laws in the country where recruitment takes place is prohibited.

Charging Recruitment Fees

Charging employees any recruitment fees is prohibited.

Failure to Provide Return Transportation

Return transportation for non-national employees: Employers must provide return transportation (or cover the cost) for employees who are not nationals of the country where they work and were brought into the country to work on a U.S. Government contract. This applies to employees brought into the U.S. or outside the U.S. for government contracts if required under temporary worker programs or written agreements with the employee.
Exemptions: These return transportation requirements do not apply to employees who are legally permitted to remain in the country of employment and choose to stay, or if exempted by an authorized official of the contracting agency.
Special Considerations for Victims or Witnesses of Human Trafficking: The return transportation requirement does not apply to trafficking victims seeking services or legal redress, or witnesses in trafficking enforcement actions. In these cases, transportation must not interfere with the victim or witness’s rights to seek services or participate in legal proceedings.

Housing Standards

Employers must not provide or arrange housing that fails to meet the host country’s housing and safety standards.

Employment Contracts and Documentation

Employers must provide written employment contracts, recruitment agreements, or other required work documents, in the language the employee understands. This is required:

At least five days before relocation if the employee needs to relocate for work.
The work document should include, but not be limited to:
- Job description and wages
- Prohibition on charging recruitment fees
- Work location(s)
- Living accommodations and associated costs
- Time off and grievance process
- Roundtrip transportation arrangements
- Details of applicable laws prohibiting trafficking in persons

Reporting and Protection Against Retaliation

Reporting Violations:

Employees must report any activity that goes against the U.S. Government’s policy prohibiting human trafficking.

Violations can be reported to:

A Manager at d.skliar@netpeak.net

The Global Human Trafficking Hotline at:

1-844-888-FREE

The Global Human Trafficking email:

help@befree.org

Protection from Retaliation

No employee will face reprisals or disciplinary action for reporting violations in good faith or cooperating in investigations related to human trafficking or violations of this policy. It is a violation of this policy for any employee to punish or retaliate against another employee for making a good faith report or cooperating in investigations. Employees who violate this policy or engage in illegal activities are subject to disciplinary actions, including termination.

Self-Reporting:

Employees who report their own violations or improper conduct may have this taken into account in determining the appropriate disciplinary action.

Monitoring and Termination of Agents/Subcontractors

Monitoring of Agents and Subcontractors:

Netpeak will monitor agents and subcontractors to ensure they do not engage in human trafficking activities.

Termination for Violations: Any agents, subcontractors, or subcontractor employees found to be engaged in trafficking will be terminated. This version structures the information into clear sections, making it easier to understand and follow. It also emphasizes the importance of compliance, protection for whistleblowers, and the consequences of non-compliance.