Trafficking in Persons – Recruitment Fees

Yesterday we discussed the FAR prohibitions against “trafficking in persons” and the underlying statutory basis for those regulations (see Trafficking in Persons). One of the prohibitions, as you recall, was one prohibiting contractors and subcontractors from charging employees recruitment fees. One of the problems with this prohibition has been that no one could agree on what constituted “recruitment fees”. In fact, in 2015, GAO (Government Accountability Office) came out with a report recommending that agencies develop a more precise definition of recruitment fees. According to GAO, without a clear definition, agencies would face challenges enforcing the prohibition. So, through the regulatory process, the Government has done just that; defined in FAR 22.1702 the term recruitment fees. Here it is:

Source: PNWC’s Government Contracting Update: Trafficking in Persons – Recruitment Fees