Award Condition: Prohibited Conduct by Recipients and Subrecipients Related to Trafficking in Persons

I. Trafficking in persons

(a) Provisions applicable to a recipient that is a private entity.

1. Under this award, the recipient, its employees, subrecipients under this award, and subrecipient’s employees must not engage in:
   1. Severe forms of trafficking in persons;
   2. The procurement of a commercial sex act during the period of the time that this award or any subaward is in effect;
   3. The use of forced labor in the performance of the award or any subaward; or 
   4. Acts that directly support or advance trafficking in persons, including the following acts:
      1. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents;
      2. Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless:
         1. Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or
         2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action;
      3. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment;
      4. Charging recruited employees a placement or recruitment fee; or
      5. Providing or arranging housing that fails to meet the host country’s housing and safety standards.

2. OVW may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award:
   1. Is determined to have violated a prohibition in paragraph (a)(1) of this award condition; or
   2. Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this this award condition through conduct that is either: --
      1. Associated with the performance under this award; or
      2. Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented by DOJ at 2 C.F.R. part 2867.

(b) Provisions applicable to a recipient other than a private entity.

1. OVW may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award:
   1. Is determined to have violated a prohibition in paragraph (a)(1) of this award condition; or
   2. Has an employee that is determined to have violated a prohibition in paragraph (a)(1) of this award condition through conduct that is either:
      1. Associated with the performance under this award; or
      2. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),’’ as implemented DOJ at 2 C.F.R. part 2867.

(c) Provisions applicable to any recipient.

1. The recipient must inform OVW and the DOJ Inspector General immediately of any information it receives from any source alleging a violation of a prohibition in paragraph (a)(1) of this award condition.
2. OVW’s right to unilaterally terminate this award as described in paragraphs (a)(2) or (b)(1) of this award condition:
   1. Implements the requirements of 22 U.S.C. 78, and
   2. Is in addition to all other remedies for noncompliance that are available to OVW under this award.
3. The recipient must include the requirements of paragraph (a)(1) of this award condition in any subaward it makes to a private entity.
4. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b).

(d) Definitions.

For purposes of this award condition:

Employee means either:

1. An individual employed by the recipient or by a subrecipient who is engaged in the performance of the project or program under this award; or
2. Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements.

Private Entity means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1.

The terms ‘‘severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ ‘‘sex trafficking,’’ ‘‘Abuse or threatened abuse of law or legal process,’’ ‘‘coercion,’’ ‘‘debt bondage,’’ and ‘‘involuntary servitude’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

Source: Appendix A to Part 175, Title 2, Code of Federal Regulations