State of Washington Dept of Commerce 12/10/2018

ATTACHMENT F PROHIBITED CONDUCT BY GRANTEES AND SUBGRANTEES RELATED TO TRAFFICKING IN PERSONS CERTIFICATION (including reporting requirements and authority to terminate grant) Section A. Provisions applicable to all recipients A. During the period of time that this grant is in effect, the grantee, subgrantees, and the employees of these agencies 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 grant or any subgrant; 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 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 solicit 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- 1. Violated a prohibition in section A.1 above; or 2. Has an employee who violated a prohibition in section A.1 above through conduct that is either: a. Associated with performance under this grant; 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. C. The grantee must inform Commerce promptly, and without delay, of any information the grantee or subgrantee receives from any source alleging a violation of a prohibition in section A.1 above. D. Commerce's authority to terminate this grant unilaterally (without penalty), described in section A.2 above: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), (22 U.S.C. 7104(g)), and 2. Is in addition to any and all other remedies for noncompliance that are available to Commerce with respect to this award, whether under the TVPA (see, e.g., 22 U.S.C. 7104b) or other applicable law. E. The grantee must include and incorporate all applicable provisions of this award condition in any subgrant the grantee makes.