WA State Department of Commerce 12/8/2016

ATTACHMENT F PROHIBITED CONDUCT BY GRANTEES AND SUBGRANTEES RELATED TO TRAFFICKING IN PERSONS CERTIFICATION (including reporting requirements and authority to terminate award) Award Term and Condition: Prohibited conduct by grantee and subgrantees related to trafficking in persons Section A. Provisions applicable to a grantee that is a private entity A. During the period of time that this award is in effect, the Grantee and the employees of the Grantee may not engage in: 1. Severe forms of trafficking in persons; 2. Procurement of a commercial sex act; 3. Use of forced labor in the performance of the award or any subg rant under the award; 4. Acts that directly support or advance trafficking in persons, including acts such as: a. Denying an employee access to the employee's own identity or immigration documents (including by destroying or confiscating such documents); b.Without legally-sufficient justification as determined by the Washington State Department of Commerce (Commerce) failing to provide (or pay for) return transportation to an employee to 3 the country from which the employee was recruited (if other than the United States), if the employee requests such return transportation upon the end of employment; c. Using materially false or fraudulent pretenses, representations, or promises regarding the employment to soliciting a person for employment, or in an offer of employment; d. Charging recruited employees unreasonable placement or recruitment fees, such as fees equal to or greater than the employee's monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited; or e. Providing or arranging housing that fails to meet the host country (e.g., the United States) housing and safety standards. B.Commerce as the awarding agency may unilaterally terminate this award, without penalty, if the department's director, or his designee, determines that the Grantee or a subgrantee that is a private entity: 1. Violated a prohibition in section A.1 of this award condition; or 2. Has an employee who violated a prohibition in section A.1 of this award condition through conduct that is either a. Associated with performance under this award; or b. Imputed to the Grantee or the subgrantee using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement),"as implemented by the Department of Justice(DOJ)at 2 C.F.R. Part 2867. Section B. Provisions applicable to a Grantee other than a private entity A. During the period of time that the award is in effect, any subgrantee that is a private entity, and the employees of any subgrantee that is a private entity, may not engage in: 1. Severe forms of trafficking in persons; 2. Procurement of a commercial sex act;