Combating Trafficking in Persons
Combating Trafficking in Persons
Addressed to all French Consulting Employees
1. Policy Brief and Purpose
- French Consulting prides itself on the professionalism and dedication of our employees as well as the performance of our mission. At no time should any employee be subject to or attempt to engage in activities deemed improper, coercive, or supportive of human trafficking.
- The US Government has a zero tolerance policy regarding any Government employees and contractor personnel and their agents engaging in any form of trafficking in persons. Trafficking is defined to mean the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery and sex trafficking. Regardless of the employee’s interaction with clients, customers, suppliers, contractors, or volunteers, each employee portrays the reputation of the organization.
- Persons trafficking and forced labor in any form is completely in contradiction to French Consulting’s ethics and values. Violations of this policy will be considered serious breaches of professionalism and handled accordingly. We are committed to working to mitigate the risk of Persons trafficking and forced labor in all aspects of our business. All French Consulting personnel are required to comply with the provisions contained in the Federal Acquisition Regulation (FAR); Ending Trafficking in Persons (48 CFR Parts 1, 2, 9, 12, 22, 42, and 52) and Defense Federal Acquisition Regulation Supplement: Further Implementation of Trafficking in Persons Policy (48 CFR Parts 203, 204, 212, 222, and 252) Executive Order 13627, “Strengthening Protections Against Trafficking in Persons in Federal Contracts.”
- The Department of State maintains a very informative website that provides additional information. All individuals associated with French Consulting in any capacity are encouraged to visit this site and familiarize themselves with information on identifying, reporting, and combating trafficking in persons. The site is located at: http://www.state.gov/j/tip/
- Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. It must be clearly understood that this policy is valid and enforceable regardless of Host Nation laws. In some countries, prostitution for example is legal, however, French Consulting employees are banned per this policy and U.S. Government Federal Acquisition Regulations from engaging in these acts. Specifically, contractors, contractor employees, and their agents shall not—
(1) Engage in any form of trafficking in persons during the period of performance of the contract.
(2) Procure commercial sex acts during the period of performance of the contract.
(3) Use forced labor in the performance of the contract.
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority.
(5) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work.
(6) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place.
(7) Charge employees recruitment fees.
(8) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--
(a) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or
(b) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--
(c) The requirements of paragraphs 2.a.(8) of this clause shall not apply to an employee who is--
- Legally permitted to remain in the country of employment and who chooses to do so; or
- Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation.
(d) The requirements of paragraph 2.a.(8) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify. This paragraph does not apply when the exemptions at paragraph 2.a.(8)(c) of this clause apply.
(e) Provide or arrange housing that fails to meet the host country housing and safety standards.
(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.
- Area Specific Requirements. Additional information is available depending on the area of responsibility that the employee will work in. French Consulting employees are required to know and understand these documents as it pertains to their location.
(1) United States European Command (EUCOM) area of responsibility. Army in Europe Circular 190-24 Consolidated List of Off-Limits Areas, Establishments, Firms, Individuals, and Organizations. This document may be accessed at the following website:
(2) United States Forces Korea (USFK) area of responsibility. United States Forces Korea (USFK) Command Policy Letter #12, Combating Prostitution and Trafficking in Persons (CTIP). This document may be accessed at the following website:
- Notification Procedures. Employees and company leadership are all required to report any suspected act or credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates this policy (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A)).
3. Disciplinary Consequences
- If an item of clothing, an item in the office, or the personal conduct of an employee is deemed to be inappropriate either by their supervisor or a government representative, the employee will be requested either orally or in writing, to make the appropriate adjustment.
- Employees who willfully disregard this policy could receive disciplinary actions ranging from verbal counseling, written counseling, removal from the contract, reduction in pay and/or benefits, up to employment termination. If the offense is deemed serious enough and there was willful intent by the employee to disregard this policy, termination of their position could be immediate. Finally, legal action could be taken in accordance with U.S. or Host Nation laws depending on the severity of the action.
4. Duties and Responsibilities
- General. All French Consulting employees and subcontractors will comply with the following requirements.
(1) Disclose to the leadership, appropriate law enforcement, or U.S. government agency Inspector General, information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct.
(2) Provide timely and complete responses to Government auditors' and investigators' requests for documents.
(3) Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor.
(4) Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities.
- Whistleblower Protection.
(1) The organization will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments and threats of physical harm. Any whistleblower who believes he/she is being retaliated against must contact the Business Manager or Director of Operations immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.
(2) Whistleblower protections are provided in two important areas: confidentiality and retaliation. Insofar as possible, the confidentiality of the whistleblower will be maintained. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide accused individuals their legal rights of defense.
(3) Individuals protected include:
(a) The employee, or a person acting on behalf of the employee, who reports to an official U.S. Government body or is about to report to such a body a matter of public concern; or
(b) The employee who participates in a court action, an investigation, a hearing, or an inquiry held by a public body on a matter of public concern.
(4) The organization may not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment.
(5) The organization may not disqualify an employee or other person who brings a matter of public concern, or participates in a proceeding connected with a matter of public concern, before a public body or court, because of the report or participation, from eligibility to bid on contracts with the organization; receive land under a district ordinance; or receive another right, privilege, or benefit.
(6) The provisions of this policy do not:
(a) Require the organization to compensate an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
(b) Prohibit the organization from compensating an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
(c) Authorize the disclosure of information that is legally required to be kept confidential; or
(d) Diminish or impair the rights of an employee under a collective bargaining agreement.
(7) Limitation to protections.
(a) A person is not entitled to the protections under this policy unless he or she reasonably believes that the information reported is, or is about to become, a matter of public concern; and reports the information in good faith.
(b) A person is entitled to the protections under this policy only if the matter of public concern is not the result of conduct by the individual seeking protection, unless it is the result of conduct by the person that was required by his or her employer.
(c) Before an employee initiates a report to a public body on a matter of public concern under this policy, the employee is encouraged to submit a written report concerning the matter to the organization’s Director of Operations or Owner. However, the employee is not required to submit a written report if he or she believes with reasonable certainty that the activity, policy, or practice is already known to the aforementioned individuals or that an emergency is involved.
(8) The whistleblower is not responsible for investigating the alleged illegal or dishonest activity, or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities.
(1) Employees will read this policy and acknowledge receipt and understanding.
(2) Receive training on Combating Trafficking in Persons through the Ethics in Contracting and Code of Ethics briefing/policy letters provided when joining the company.
(3) Employees have the right to raise questions regarding this policy or particular situations if they are unsure as to the policy itself or correct action to take.
(4) Employees will immediately report any suspected activity or credible information regarding a suspected violation of this policy. Reports may be submitted to any or all of the following entities:
(a) Company Leadership
(b) Local Law Enforcement
(c) Contract Officer Representative
(d) Government Program Manager
(e) The hotline phone number of the Global Persons Trafficking Hotline at 1-844-888-FREE and its email address at .
(5) Employees will comply and cooperate fully with any individuals or entities assigned and authorized to conduct an investigation into the alleged action.
- Team Leaders
(1) First line supervisor in charge of ensuring the employees adhere to this policy.
(2) Initial contact for government representatives.
(3) Team Leaders will report to the Area Manager any issues or situations requiring their attention.
(4) During investigations, Team Leaders will ensure employees cooperate fully with the investigative team and also be the first supervisory contact for the company.
- Area Managers
(1) Overall responsible for the adherence of employees in their respective area of responsibility to this policy.
(2) Responsible for ensuring new employees understand and have read this policy.
(3) Second contact representative for French Consulting when dealing with the government.
(4) Area Managers will report issues or situations of a serious nature to the Director of Operations.
- Business Manager.
(1) Ensure all Employee contracts contain a clause stating the requirement for them to attend the appropriate training, review the company’s Compliance Plan on the company website, and sign an acknowledgement of this policy letter.
(2) Ensure all Subcontractor contracts contain a clause directing them to review and adhere to this policy as appropriate. Provide the website for the French Consulting for further information.
- Information Technology (IT) Manager.
(1) Responsible for ensuring the company website and all social media venues appropriately display company policy.
(2) Update and maintain all links providing additional training and locations for information.
- Director of Operations
(1) Overall responsible for this policy.
(2) Final adjudicator on all issues or situations between employees and supervisors.
(3) Conduct internal investigations as necessary. There is no requirement for the company to conduct an internal investigation prior to reporting suspected violations of Human Trafficking.
(4) Monitors the health of the company command environment to ensure all employees understand not only the scope of the policy but the intent.
(5) Reports directly to the Company Owner on all policy related aspects and situations.
(6) Continuously update the Ethics in Contracting/Code of Ethics training and policy letters as necessary to ensure employees are appropriately trained and informed.
5. Questions and recommendations to this policy may be addressed to the undersigned.
16 June 2019