Anti-Trafficking Compliance Plan

Background and purpose

CI has developed this Anti-Trafficking Compliance Plan (“Compliance Plan”) in compliance 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 Delivery Partners, 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 outside of Covered Agreements that involve greater risk of trafficking activity (“applicable 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 Delivery Partners 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 Delivery Partners.

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

Conservation International (CI) supports a zero-tolerance policy 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 the prohibition of actions that facilitate trafficking in persons. CI's work with vulnerable populations potentially exposes CI Staff and Delivery Partners to issues of human trafficking and forced labor. CI Staff and CI Delivery Partners should be particularly vigilant when contracting with local businesses that may use forced labor tactics to grow their workforce.

This policy expands on CI's Code of Conduct, which outlines ethical standards and acceptable behavior applicable to CI operations and complements CI's Child Protection and Safeguarding Policy and Prevention of Sexual Exploitation and Abuse Policy (PSEAH). This policy should be read and applied with CI’s Safeguards System (CISS) to avoid or minimize adverse environmental and social impacts, and to enhance positive impacts to the maximum extent possible in our projects.

Scope

This Policy applies to all CI employees, interns, fellows, volunteers, and representatives (jointly, "CI Staff"), as well as CI grantees/awardees, contractors, suppliers, consultants, and their employees, sub-grantees/awardees, and representatives (jointly, "Delivery Partners") engaged by CI, including for the performance of U.S. federal government contracts, awards or cooperative agreements and other applicable agreements.

Prohibited activities

CI prohibits all CI Staff and Delivery Partners to engage in the following:

• Trafficking in persons.
• Procuring commercial sex acts that may be directly associated with CI, including but not limited to during work hours, while attending work-related off-site functions, and at any time while in work travel status.
• Using forced labor.
• Destroying, concealing, confiscating, or otherwise denying any employee access to their 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 recruiting or staffing agencies that do not comply with the labor laws of the country where the recruitment of the employee takes place.
• Charging recruitment or placement fees to prospective 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 CI business.
• Providing or arranging housing that fails to meet the host country's housing and safety standards.
• If required by law or contract, failing to provide an employment contract, recruitment agreement, or other required work documents, written in a language the employee understands, that includes details of the work description, wages, work location, living accommodations (if applicable) and the content of applicable laws and regulations that prohibit trafficking in person.

Applicable agreements with CI Delivery Partners 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.

CI delivery partners compliance

All CI awardees, contractors, suppliers, consultants, at any tier, (jointly “CI Delivery Partners”) 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 Delivery Partners 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 CI Delivery Partner’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 Delivery Partners must submit a certification to CI:

1. That the CI Delivery Partners 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 Delivery Partner’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 Delivery Partner has taken appropriate remedial and referral actions.

For CI Delivery Partners and Supplier Contracts that may be more susceptible to trafficking-related activities, CI may, in situations where it has direct access, inspect the CI Delivery Partner’s workplace or any housing provided by the CI Delivery Partner for signs of trafficking-related activities. In lower-risk situations, and in situations where the CI Delivery Partner is remote, CI will review the plans and certifications of the CI Delivery Partner to ensure they include adequate monitoring procedures and reporting mechanisms.

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

Reporting requirements and procedures

All CI Staff and Delivery Partners are required to report any trafficking in persons-related concerns, activities, or violations to CI. Individuals may report concerns on a confidential basis via CI's online Ethics Hotline or by calling +1 (866) 294-8674. All CI Staff who receive a report or hear a concern from another individual must immediately share all pertinent information with CI's General Counsel and Chief Compliance Officer. Project-level grievance mechanisms will be designed to be community friendly and any related reports immediately elevated to CI’s Global Grievance Committee. In addition, any CI Staff or CI Delivery Partner staff 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 promptly and thoroughly investigate all complaints in accordance with established investigation procedures. Every effort will be made to protect the privacy of all complainants, reporters, and subjects of a complaint. Delivery Partners shall cooperate and ensure the cooperation of persons and entities (under their control) with CI and CI-designated parties in any child abuse-related investigation.

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.

CI's General Counsel and Chief Compliance Officer will make all required disclosures as outlined in its Compliance Plan. As required under applicable donor policies and regulations, CI will report allegations or suspicions of child abuse to donors and cooperate with donor investigations. As appropriate and with the expressed desire of the victim, CI will make reports to state agencies with authority over the criminal prosecution of child abuse offenses.

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.