ANTI-TRAFFICKING COMPLIANCE PLAN
Background and purpose
Emerging Markets Consulting (EMC) has developed this Anti-Trafficking Compliance Plan (“Compliance Plan”) in accordance with FAR 52.222-50, Combating Trafficking in Persons and USAID Standard Provision M20.
The purpose of this Compliance Plan is to set out EMC’s project requirements and procedures for:
- Making EMC Employees aware of the conduct prohibited under EMC‘s Anti-Trafficking Policy and the Anti-Trafficking Provisions and the actions that may be taken against EMC Staff for violations;
- Employing fair recruitment, wage and housing practices; and
- Preventing prohibited trafficking activity by EMC Suppliers, and monitoring, detecting and terminating those who engage in such activities.
This Compliance Plan sets out EMC’s baseline standards for anti-trafficking compliance and applies to any portion of a U.S. Government contracts, sub-contracts, cooperative agreements, awards and sub-awards that:
- is for supplies, other than commercially available off-the-shelf items, acquired outside the United States, or services to be performed outside the United States; and
- the overseas portion has an estimated value that exceeds $500,000
(jointly “Covered Agreements”).
However, it may need to be adapted or modified for projects that are larger, more complex, or involve greater risk of trafficking activity. For all Covered Agreements, EMC Staff engaged in the project (“EMC Project Staff”) must examine each one individually to assess the risk of trafficking activity, based on factors such as the number of non-U.S. citizens to be employed and whether the contract or award will involve services or supplies susceptible to trafficking in persons. EMC Project Staff must adapt or modify the Compliance Plan as necessary to ensure that it is appropriate to the size and complexity of the contract or award and the nature and scope of the activities to be performed.
Employee awareness program
EMC has adopted in its Personnel & Operations Manual a policy on Anti-Trafficking in Persons (“Policy”) that reflects the Anti-Trafficking Provisions’ provisions prohibiting trafficking-related activities, describes the actions EMC may take against EMC Staff and EMC Suppliers who violate the Policy, and sets out the procedure for reporting and investigating Policy violations.
EMC posts the Policy on its Intranet where it can be accessed by EMC Staff at any time and incorporates it by reference into sub-awards and sub-contracts of Covered Agreements for EMC Suppliers.
All new EMC Staff are required to acknowledge that they have familiarized themselves with the policies contained in the Operations Manual. On-boarding and refresher trainings on ethics policies, including the Anti-Trafficking Policy, are provided as-needed and on an ongoing basis by the Manager, Strategy Operations and Consulting and EMC’s HR Manager. Individuals may contact the Manager, Strategy Operations and Consulting and the HR Manager at any time for questions, clarifications, or further discussion.
EMC’s anti-trafficking policy
EMC supports the zero tolerance policy adopted by the United States government to combat human trafficking and forced labor. We are committed to high standards of ethics and integrity and compliance with all applicable local laws across our global operations, including prohibition of actions that facilitate trafficking in persons. EMC’s work with vulnerable populations potentially exposes EMC staff and partners to issues of human trafficking and forced labor. EMC Staff and EMC Suppliers should be particularly vigilant when contracting with local businesses who may use forced labor tactics to grow their work force.
This policy applies to all EMC employees, interns, volunteers, and agents (jointly “EMC Staff”) as well as EMC awardees, contractors, suppliers, sub-contractors advisors, at any tier, as well as their employees, labor recruiters, brokers, and agents (jointly “EMC Suppliers”) engaged by EMC for the performance of U.S. federal government contracts, awards or cooperative agreements and other applicable agreements (“Government Contract(s)”).
In addition, this policy establishes a program compliant with U.S. Federal Government regulations and USAID standard provision M20, which prohibits EMC, its subawardees, contractors, at any tier, or their employees, labor recruiters, brokers or other agents from the following Prohibited Activities:
- Trafficking in Persons during the period of a Government Contract.
- Procuring Commercial Sex Acts during the period of a Government Contract.
- Using Forced Labor in the performance of a Government Contract.
- Destroying, concealing, confiscating or otherwise denying any employee access to his or her identity or immigration documents, such as a passport or driver’s license.
- Using misleading or fraudulent recruiting practices during the recruitment of employees or offering of employment to employees, such as failing to disclose (in a format and language accessible to the employee) or making material misrepresentations about the key terms and conditions of employment, including wage and benefits, work location, living conditions, housing and associated costs (if provided for by Conservation International), significant costs to be charged to the employee and hazardous nature of the work (if applicable).
- Using recruiters that do not comply with the labor laws of the country where recruiting takes place.
- Charging recruitment fees to individual employees.
- Failing to provide or pay the cost of return transportation at the end of employment for an employee who is not a national of the country where the work took place and who was sent to that country for purposes of working on a Government Contract.
- Providing or arranging housing that fails to meet the host country housing and safety standards.
- If required by law or contract, failing to provide an employment contract, recruitment agreement or other required work document, written in a language the employee understands, that includes details of work description, wages, work location, living accommodations (where applicable) and the content of applicable laws and regulations that prohibit trafficking in person.
All agreements with EMC Suppliers under Government Contracts will include a provision prescribing the above Prohibited Activities.
Recruitment and wage plan
- EMC prohibits the use of any misleading or fraudulent recruitment practices during the recruitment of employees or offering of employment to employees. EMC employees must fully and accurately disclose, in a format and language accessible to the employee, all key terms and conditions of employment, including wages and benefits, work location, living conditions, housing and associated costs (where provided or arranged by EMC), significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work.
- EMC prohibits the use of recruiters that do not have trained employees, or that do not comply with all labor laws of the country where the recruitment takes place.
- EMC prohibits charging recruitment fees to any individual employee.
- EMC will pay to all employees wages that meet applicable host-country legal requirements, or will explain any variance.
- Where required by law or contract, EMC will provide to every employee an employment contract, recruitment agreement or other required work document, written in a language the employee understands, containing all required information about the terms of conditions of employment, which may include, by way of example 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 person. If the employee must relocate to perform the work, EMC will provide the required work document at least five (5) days prior to relocation.
- EMC prohibits destroying, concealing, confiscating or otherwise denying any employee access to his or her identity or immigration documents.
- EMC will provide or pay the cost of return transportation at the end of employment for any employee who is not a national of the country where the work took place and was brought into that country by EMC for purposes of working on a Covered Agreement.
- EMC will provide or pay the cost of return transportation at the end of employment for any employee who is not a US national and was brought into the US for purposes of working on a Covered Agreement, if payment of such costs is required under existing temporary work programs or pursuant to a written agreement with the employee for portions of Covered Agreements performed outside the US.
If/when EMC provides or arranging for housing facilities to employees, the housing will meet host country housing and safety standards.
All EMC awardees, contractors, suppliers, advisors at any tier, (jointly “EMC Suppliers”) engaged in the performance of a Covered Agreement must agree to comply with the Policy and all applicable Anti-Trafficking Provisions. EMC will include language to that effect in all EMC Supplier contracts, sub-contracts and sub-agreements (“Supplier Contracts”), including inserting FAR 52.222-50, FAR 52.222-56 and USAID Standard Provisions where applicable.
All EMC Suppliers engaged to perform under Covered Agreements must have a compliance plan to prevent prohibited trafficking-related activities and to monitor, detect and terminate any of its contractors, consultants, suppliers, sub-contractors or sub-recipients engaging in prohibited trafficking-relating activities, and provide a copy of its plan to EMC.
The Supplier’s compliance plan must meet the minimum requirements in the Anti-Trafficking Provisions and be appropriate to the size and complexity of the contract, sub-contract or sub-agreement with EMC and the nature of the activities to be performed under it.
Prior to the award of any Supplier Contract, and on an annual basis thereafter, all EMC Suppliers must submit a certification to EMC:
- That the Supplier has implemented a compliance plan and has complied with its compliance plan; and
- That after conducting due diligence, to the best of the EMC Supplier’s knowledge and belief, neither it nor any of its employees, or its contractors, consultants, suppliers, sub-contractors, sub-recipients or their employees, have engaged in any prohibited trafficking-related activities, or if any abuses relating to prohibited trafficking-related activities have been found, EMC Supplier has taken appropriate remedial and referral actions.
For EMC Suppliers and Supplier Contracts that may be more susceptible to trafficking-related activities, EMC may, in situations where it has direct access, inspect the EMC Supplier’s workplace or any housing provided by the EMC Supplier for signs of trafficking-related activities. In lower-risk situations, and in situations where the Supplier is remote, EMC will review the plans and certifications of the EMC Suppliers to ensure they include adequate monitoring procedures and reporting mechanisms.
If any Supplier fails to comply with the Policy, applicable contractual language in the Supplier Contract, or applicable Anti-Trafficking Provisions, EMC will take appropriate action to remediate the violation and prevent future violations, including, but not limited to:
- Requiring the Supplier to remove an employee or agent from a project;
- Requiring the Supplier to terminate its relationship with any Supplier contractor, consultant, supplier, sub-contractor or sub-recipient;
- Suspending payments to Supplier until violation is remedied;
- Terminating the Supplier Contract for cause with immediate effect.
Reporting requirements and procedures
All EMC Staff, EMC Suppliers and employees of EMC Suppliers are required to report any trafficking-in-persons related activities or violations of EMC’s Anti-Trafficking Policy to EMC. Reports may be made on a confidential basis via EMC’s Manager, Strategy & Operations Consulting by email: firstname.lastname@example.org and our HR Manager by email: email@example.com or by calling +855 23 964 410.
Any EMC Staff who receive such a report must immediately share all pertinent information with EMC’s Managing Director, Manager, Strategy & Operations Consulting and HR Manager. In addition, any EMC Staff or employees of EMC Suppliers who believe that they or others have been subjected to Prohibited Activities may submit a report as outlined above or may contact the Global Human Trafficking Hotline at 1-844-888-FREE or via its email address at firstname.lastname@example.org.
EMC will investigate all reports of Prohibited Activities and other violations of this Policy and take appropriate action. In addition, EMC’s Managing Director, Manager, Strategy & Operations Consulting and HR Manager will make all required disclosures as set forth in its Compliance Plan.
EMC strictly prohibits retaliation against any EMC staff who report Prohibited Activities or other violations of this Policy. EMC Staff who engage in retaliation against those who report Prohibited Activities or other Policy violations are subject to disciplinary action, up to and including termination.
If EMC receives credible information from an employee report or any other source alleging prohibited trafficking-related activity, EMC’s Managing Director will conduct an investigation and report its findings and determine what, if any, remedial action is appropriate.
EMC’s Managing Director will also monitor EMC’s management’s implementation of such remedial action.
EMC’s Managing Director will be responsible for immediately notifying the contracting officer and the appropriate agency Inspector General of the information received and any resulting remedial action taken.
EMC will cooperate fully with any US Government agencies responsible for any investigations, audits or corrective actions relating to trafficking in persons, including, but not limited to, providing timely and complete responses to document requests, and providing reasonable access to EMC facilities and staff.
EMC will 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 will not prevent or hinder these employees from cooperating fully with US government authorities.