Overview
FAR 22.1702 establishes the foundational vocabulary for the "Combating Trafficking in Persons" subpart, defining prohibited behaviors, the scope of covered personnel, and the specific financial arrangements that constitute trafficking violations. It serves as the primary reference for determining what constitutes illegal coercion, forced labor, and prohibited recruitment practices under federal contracts.
Key Rules
- Broad Definition of Agent: Liability extends beyond direct employees to include directors, officers, and independent contractors authorized to act on the organization's behalf.
- Expansive "Recruitment Fees": The definition is exceptionally broad and includes nearly any cost associated with hiring, such as visa fees, airfare, medical examinations, passport processing, and even "equipment charges." These are prohibited regardless of whether they are paid directly, deducted from wages, or collected by a third-party labor broker.
- Multi-Faceted Coercion: Coercion is defined not only as physical force but also as "schemes, plans, or patterns" intended to create fear of harm or the "abuse of the legal process" (e.g., threatening deportation to keep a person in service).
- Scope of "Employee": Applies to those directly engaged in contract performance who have more than a "minimal impact" on the work.
- Trafficking Standards:
- Sex Trafficking: Includes any commercial sex act induced by force/fraud or any commercial sex act involving a minor under 18 (regardless of force).
- Labor Trafficking: Focuses on the recruitment or transport of persons for involuntary servitude, debt bondage, or slavery through force, fraud, or coercion.
Practical Implications
- Supply Chain Vigilance: Contractors are held responsible for the actions of labor brokers and subcontractors at all tiers; "recruitment fees" are prohibited even if collected by an unlicensed third party without the prime contractor's direct knowledge.
- Employer-Pay Model: In practice, these definitions require contractors to adopt an "employer-pay" model for foreign labor, ensuring that employees do not arrive at a worksite burdened by debt from transit, medical, or administrative costs.
- Compliance Risk: Because the definitions of coercion and forced labor include "schemes" and "legal abuse," contractors must ensure that administrative actions (like withholding passports or threatening contract termination) are not perceived as coercive tactics to compel labor.