Migrant Workers

Definition of Recruitment Fees for US Public Procurement

Submission, 29 June 2016

The United States Federal Acquisition Regulation (FAR) contains the rules for procurement by US federal agencies, consolidating laws adopted by Congress, executive orders by the President, and legal treaties. The FAR is managed by a Council, which is composed of three federal agencies: the General Services Administration (GSA), the Department of Defense (DOD), and the National Aeronautics and Space Administration (NASA).

The FAR policy on combating trafficking in persons prohibits contractors from charging employees recruitment fees, in accordance with the Executive Order entitled “Strengthening Protections Against Trafficking in Persons in Federal Contracts." On May 11th 2016 the FAR Council proposed to amend the FAR to provide a definition of “recruitment fees”. 

This IHRB submission welcomes the US Government’s leadership in including a definition of recruitment fees in the FAR and offers additional feedback and recommendations to maximise the human rights protections intended by the definition.

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