22.1702 Definitions
Source: FAR 22.1702 on acquisition.gov
FAR 22.1702 defines critical terms for anti-trafficking compliance, making it essential for contractors to understand and apply these definitions to avoid violations.
Overview
FAR 22.1702 provides definitions for key terms used in Subpart 22.17, which addresses combating trafficking in persons in federal contracts. These definitions clarify the scope and meaning of terms such as agent, coercion, commercial sex act, debt bondage, employee, forced labor, involuntary servitude, recruitment fees, severe forms of trafficking in persons, sex trafficking, subcontract, subcontractor, and United States. Understanding these definitions is essential for compliance with anti-trafficking requirements in government contracting, as they establish the legal and operational boundaries for prohibited practices and contractor responsibilities.
Key Rules
- Definitions of Prohibited Practices
- Terms like coercion, debt bondage, forced labor, involuntary servitude, and severe forms of trafficking in persons are precisely defined to ensure clarity in identifying and preventing trafficking-related violations.
- Recruitment Fees
- The regulation provides a comprehensive definition of recruitment fees, including a non-exhaustive list of what constitutes such fees and who may collect them, emphasizing that contractors must not charge or allow these fees.
- Scope of Applicability
- Definitions apply to all entities and individuals involved in contract performance, including agents, employees, subcontractors, and third parties.
Responsibilities
- Contracting Officers: Must ensure contractors understand and comply with these definitions when implementing anti-trafficking requirements.
- Contractors: Must familiarize themselves with these definitions to avoid prohibited practices and ensure compliance throughout their supply chain.
- Agencies: Oversee contractor compliance and investigate potential violations based on these definitions.
Practical Implications
- This section exists to provide clear, enforceable definitions that underpin anti-trafficking compliance in federal contracting.
- Contractors must use these definitions to guide their policies, training, and monitoring efforts.
- Misunderstanding or ignoring these definitions can lead to violations, penalties, and contract termination.
As used in this subpart-
Agent means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.
Coercion means-
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercial sex act means any sex act on account of which anything of value is given to or received by any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
Forced labor means knowingly providing or obtaining the labor or services of a person-
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of-
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.
(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-
(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;
(ii) Advertising:
(iii) Obtaining permanent or temporary labor certification, including any associated fees;
(iv) Processing applications and petitions;
(v) Acquiring visas, including any associated fees;
(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;
(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;
(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;
(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;
(xi) Transportation and subsistence costs-
(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and
(B) From the airport or disembarkation point to the worksite;
(xii) Security deposits, bonds, and insurance; and
(xiii) Equipment charges.
(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is
(i) Paid in property or money;
(ii) Deducted from wages;
(iii) Paid back in wage or benefit concessions;
(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or
(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-
(A) Agents;
(B) Labor brokers;
(C) Recruiters;
(D) Staffing firms (including private employment and placement firms);
(E) Subsidiaries/affiliates of the employer;
(F) Any agent or employee of such entities; and
(G) Subcontractors at all tiers.
Severe forms of trafficking in persons means-
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) 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.
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.