Anti-Trafficking Compliance Plan

Background and purpose

CI 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 for U.S. Nongovernmental Organizations (“Anti-Trafficking Provisions”).

The purpose of this Compliance Plan is to set out CI’s program requirements and procedures for:

  1. Making CI Employees aware of the conduct prohibited under CI’s Anti-Trafficking Policy and the Anti-Trafficking Provisions and the actions that may be taken against CI Staff for violations;
  2. Employing fair recruitment, wage and housing practices; and
  3. Preventing prohibited trafficking activity by CI Suppliers, and monitoring, detecting and terminating those who engage in such activities.

Scope

This Compliance Plan sets out CI’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:

  1. 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
  2. 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, CI Staff engaged in the project (“CI 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. CI 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

CI has adopted in its Operations Manual a policy on Anti-Trafficking in Persons (“Policy”) that reflects the Anti-Trafficking Provisions’ provisions prohibiting trafficking-related activities, describes the actions CI may take against CI Staff and CI Suppliers who violate the Policy, and sets out the procedure for reporting and investigating Policy violations.

CI posts the Policy on its Intranet where it can be accessed by CI Staff at any time and incorporates it by reference into sub-awards and sub-contracts of Covered Agreements for CI Suppliers.

All new CI 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 Director of Risk Management and Compliance. Individuals may contact the Director of Risk Management and Compliance at any time for questions, clarifications, or further discussion.

CI’s anti-trafficking policy

CI 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. CI’s work with vulnerable populations potentially exposes CI staff and partners to issues of human trafficking and forced labor. CI Staff and CI 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 CI employees, volunteers, and agents (jointly “CI Staff”) as well as CI awardees, contractors, suppliers, consultants, at any tier, as well as their employees, labor recruiters, brokers, and agents (jointly “CI Suppliers”) engaged by CI 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 CI, 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 CI Suppliers under Government Contracts will include a provision proscribing the above Prohibited Activities.

Recruitment and wage plan

  • CI prohibits the use of any misleading or fraudulent recruitment practices during the recruitment of employees or offering of employment to employees.CI 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 CI), significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work.
  • CI 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.
  • CI prohibits charging recruitment fees to any individual employee.
  • CI will pay to all employees wages that meet applicable host-country legal requirements, or will explain any variance.
  • Where required by law or contract, CI 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, CI will provide the required work document at least five (5) days prior to relocation.
  • CI prohibits destroying, concealing, confiscating or otherwise denying any employee access to his or her identity or immigration documents.
  • CI 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 CI for purposes of working on a Covered Agreement.
  • CI 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.

Housing plan

If/when CI provides or arranging for housing facilities to employees, the housing will meet host country housing and safety standards.

Supplier compliance

All CI awardees, contractors, suppliers, consultants, at any tier, (jointly “CI Suppliers”) engaged in the performance of a Covered Agreement must agree to comply with the Policy and all applicable Anti-Trafficking Provisions. CI will include language to that effect in all CI 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 CI 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 CI.

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 CI 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 CI Suppliers must submit a certification to CI:

  1. That the Supplier has implemented a compliance plan and has complied with its compliance plan; and
  2. That after conducting due diligence, to the best of the CI 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,

CI Supplier has taken appropriate remedial and referral actions.

For CI Suppliers and Supplier Contracts that may be more susceptible to trafficking-related activities, CI may, in situations where it has direct access, inspect the CI Supplier’s workplace or any housing provided by the CI Supplier for signs of trafficking-related activities. In lower-risk situations, and in situations where the Supplier is remote, CI will review the plans and certifications of the CI 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, CI will take appropriate action to remediate the violation and prevent future violations, including, but not limited to:

  1. Requiring the Supplier to remove an employee or agent from a project;
  2. Requiring the Supplier to terminate its relationship with any Supplier contractor, consultant, supplier, sub-contractor or sub-recipient;
  3. Suspending payments to Supplier until violation is remedied;
  4. Terminating the Supplier Contract for cause with immediate effect.

Reporting requirements and procedures

All CI Staff, CI Suppliers and employees of CI Suppliers are required to report any trafficking-in-persons related activities or violations of CI’s Anti-Trafficking Policy to CI. Reports may be made on a confidential basis via CI’s Ethics Hotline (web submission) or by calling +1 (866) 294-8674.

Any CI Staff who receive such a report must immediately share all pertinent information with CI’s General Counsel and Chief Compliance Officer. In addition, any CI Staff or employees of CI 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 help@befree.org.

CI will investigate all reports of Prohibited Activities and other violations of this Policy and take appropriate action. In addition, CI’s General Counsel and Chief Compliance Officer will make all required disclosures as set forth in its Compliance Plan.

CI strictly prohibits retaliation against any CI staff who report Prohibited Activities or other violations of this Policy. CI 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.

Investigations

If CI receives credible information from an employee report or any other source alleging prohibited trafficking-related activity, CI’s General Counsel’s Office (“GCO”) will conduct an investigation and report its findings and determine what, if any, remedial action is appropriate.

GCO will also monitor CI management’s implementation of such remedial action.

GCO 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.

CI 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 CI facilities and staff.

CI 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.

Posting

CI will post this Compliance Plan on its Intranet and on its external website, www.conservation.org. CI will also make available this Compliance Plan at all workplaces, except where the work is being performed in the field or not otherwise at a fixed location.