Anti-Human Trafficking

Emory University is firmly against all forms of human trafficking as these acts go against the values and mission of the University.  Human Trafficking is prohibited by state law and Emory policy (see also Emory policy 7.16 prohibiting prostitution and sex trafficking).

As a recipient of federal grants and contracts, Emory must comply with federal requirements related to combatting human trafficking. Principal investigators seeking federal contracts or grants must familiarize themselves with these requirements.

Human trafficking involves 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; or 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 yet attained 18 years of age.

Common Questions

You will be required to create provisions to comply with the federal policy when Emory receives a contract, grant, or cooperative agreement from the federal government. You need to ensure that everyone working on the research project, including subcontractors or sub-recipients, are not engaging in the following activities:

  • Human tracking, including severe forms of trafficking during the award period
  • Procuring commercial sex acts during the award period
  • Using forced labor to complete award activities

The Principal Investigator is responsible to ensure that the policy is followed (FAR 52.222-50(c)). The following are the responsibilities of the award Principal Investigator:

  • Must notify all employees and volunteers working under the award of the U.S. Government's zero-tolerance policy regarding trafficking in persons and the actions that will be taken against its employees or sub-recipients for violation of this policy. Such actions may include but are not limited to removal from the contract, reduction in benefits, or termination of employment.

  • Immediately report any information they received from any source that alleges an employee or subcontractor employee has violated the policy.

  • Work with ORIC to take any appropriate actions up to and including termination of employees or sub-recipients that violate the policy.

  • Certain government-funded research projects that include supplies to be acquired outside the United States or services to be performed outside the United States and have an estimated value over $500,000 may require the implementation of a Compliance Plan. ORIC can assist with creating a plan to ensure compliance with the policy.

Those with concerns regarding activities inconsistent with the federal policy prohibiting human trafficking are encouraged to report their concerns to Emory by contacting the Emory University Trustline: 1-888-550-8850, or Emory Trust Line Online.

Persons may also report concerns to the Global Human Trafficking Hotline: help@befree.org, 1-844-888-FREE

Contracts

Federal Acquisition Regulation 48 C.F.R. 52.222-50 Combating Human Trafficking Policy

The regulation states that contractors, contractor employees, and their agents shall not -

  1. Engage in severe forms 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;

    • (i) 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;

    • (ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

  6. Charge employees recruitment fees;

    • (i) 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 -

    • (ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is -

      • (A)Legally permitted to remain in the country of employment and who chooses to do so; or

      • (B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;

    • (iii) The requirements of paragraph (b)(7)(i) 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 (b)(7)(ii) of this clause apply.

  8. Provide or arrange housing that fails to meet the host country housing and safety standards; or

  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.

If you are applying for a federal contract that requires a combatting human trafficking compliance plan, please complete the Human Trafficking Compliance Plan Information Request document (DOCX) and submit it to oric@emory.edu. The Office of Research Integrity and Compliance will follow up with you to assist in the preparation of your compliance plan. If you have any questions, contact the Office of Research Integrity and Compliance at oric@emory.edu.

If you are applying for a federal contract that requires a combatting human trafficking compliance plan, please complete the Human Trafficking Compliance Plan Information Request document (DOCX) and submit it to oric@emory.edu. The Office of Research Integrity and Compliance will follow up with you to assist in the preparation of your compliance plan. If you have any questions, contact the Office of Research Integrity and Compliance at oric@emory.edu. Additional information on the requirements is found below:

A. Federal Acquisition Regulation (FAR) 48 C.F.R. 52-222-50(b) (PDF) describes the federal government's policy on combatting human trafficking.

B. Violations of Policy

Failure to abide by the federal policy may result in actions including, but not limited to, removal from contract, reduction in benefits, or termination of employment

C. Compliance Plan

Under FAR 48 C.F.R. 52-222-50 a compliance plan is required to be maintained during the performance of a contract 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. Has an estimated value that exceeds $500,000

Principal Investigators with contracts meeting this requirement shall contact the Office of Compliance for the purpose of implementing a compliance plan that meets the federal requirements. Information submission forms to aid in the preparation of a compliance plan are available here and should be submitted to Compliance@emory.edu. Compliance plans must be in place and relevant details must be provided to those directly engaged in the performance of work under the contract who have other than a minimal impact or involvement in contract performance at the time of initiation of contract performance.

D. Certification

After receiving the contract, the university is required to submit a certification to the Contracting Officer regarding the implementation of a compliance plan associated with the contract and whether it or any of its agents, subcontractors or their agents have engaged in any prohibited activities and if so, whether the contractor or the subcontractor have taken the appropriate remedial and referral actions. Personnel shall comply with the university efforts to obtain any required information relating to annual certification requirements.

E. Notification

Employees with concerns inconsistent with the federal policy prohibiting trafficking in persons can report their concerns through a variety of means:

F. Subcontracts

Contracts that involve the use of subcontractors or agents shall comply with federal requirements regarding including language in subcontracts and contracts with agents regarding combatting human trafficking.

Grants

A. Award Term 2 C.F.R. 175.15:

Implements the Trafficking Victims Protection Act of 2000 as part of federal award terms. As a result, prohibitions on human trafficking are extended to federal award recipients, the employees of recipients, sub-recipients and their employees. The prohibitions terms include prohibitions on:

  • (i) engaging in severe forms of trafficking in persons during the period of time that the award is in effect;

  • (ii) procuring a commercial sex act during the period of time that the award is in effect; or

  • (iii) using forced labor in the performance of the award or sub-awards under the award.

Full text of the Regulation.

B. Violations of Policy

Failure to abide by the terms may result in actions including, not limited to, termination of the award and other remedies as determined by the federal government and the university.

C. Notification

Emory must notify the federal government immediately of any information received alleging a violation of this award term. Those with concerns are encouraged to report the concerns to Emory though the following mechanisms:

In addition, persons can report concerns to the Global Human Trafficking Hotline: help@befree.org, 1-844-888-FREE

D. Subawards

The prohibitions on human trafficking must be included in any subaward made to a private entity.