January 11, 2016

Reaffirming an Everyday Commitment to Anti-Human Trafficking Measures

Holland & Knight Alert
John A. Canale

HIGHLIGHTS:

On National Human Trafficking Awareness Day, observed annually on Jan. 11, Holland & Knight encourages companies to reaffirm their commitments to anti-human trafficking measures.

  • With increasing attention on slavery and forced labor, U.S. businesses that are part of international supply chains may be required to comply with relatively new and wide-ranging federal and state anti-human trafficking regulations.
  • Our Compliance Services, Government Contracts and Risk and Crisis Management teams assist companies in achieving and maintaining compliance in connection with this critical issue.
  • Our High Stakes Communications Team assists organizations, companies and government leaders with the design and implementation of effective anti-trafficking education, public policy and strategic communications programs worldwide.


Today, on Jan. 11, we observe National Human Trafficking Awareness Day. It was so designated in 2007, when the U.S. Senate affirmed the nation’s commitment to eliminating human trafficking globally.1 Further, each year the president issues a Presidential Proclamation deeming January as National Slavery and Human Trafficking Prevention Month. On Dec. 31, 2015, the president issued a proclamation under which “we rededicate ourselves to assisting victims of human trafficking and to combating it in all its forms.”2 The president affirmed that “[p]eople from all walks of life are trafficked every day, and the United States is committed to remaining a leader in the global movement to end this abhorrent practice.”3

Slavery is an abomination that has plagued societies for generations. However, executives, general counsel and compliance officials may rightly ask: ''What do slavery and forced labor in other countries have to do with my company?" The answer is simple: If your business is part of an international supply chain, your U.S.-based company may very well be required to comply with relatively new and wide-ranging federal and state anti-human trafficking regulations.4

The federal government and a growing number of state governments are trying to impact human trafficking on the other side of the world, attacking the problem of global slave traders by focusing their efforts on the "consumer" side of slave labor. Failed efforts to stop trafficking at the enslavement side of the problem are being replaced by regulations forcing U.S. companies to dig deep into their own supply chains and certify to the federal government that their producers do not violate anti-human trafficking laws. Likewise, state enforcement is growing in this area, with California leading the charge into the business community space with public notification requirements. Increased regulation in this area, together with activists seeking to uncover potentially misleading statements made to consumers, is likely coming in the future.

Holland & Knight remains committed to combatting human slavery in all of its forms. The firm is a leader in assisting companies in reviewing corporate social responsibility programs in order to comply with evolving state and federal laws. Holland & Knight's Compliance Services and Government Contracts teams can assist companies in achieving and maintaining compliance in connection with this critical issue.

Related Publications

Corporate Compliance Answer Book, 2016 Edition, Practising Law Institute, Anti-Human Trafficking and Forced Labor Chapter (Vince Farhat, William N. Shepherd, John A. Canale)

Proposed Anti-Human Trafficking Rule Could Significantly Affect Contractor Compliance Programs, Holland & Knight Alert, Jan. 8, 2014 (Vince Farhat, William N. Shepherd, John A. Canale)

Requirements for Prevention of Human Trafficking and Forced Labor, Association of Corporate Counsel, Jan. 14, 2013 (Vince Farhat, William N. Shepherd)

Slavery Still Abides in Modern America, Criminal Justice, American Bar Association, Volume 27, Number 4, Winter 2013 (William N. Shepherd)

Human Trafficking: California and President Obama Lay Out New Requirements for Prevention of Human Trafficking and Forced Labor, Holland & Knight Alert, Dec. 10, 2012 (Vince Farhat, William N. Shepherd)


Notes

1S.Con.Res.40 — 110th Congress (2007-2008) 110th Congress, 1st Session

2The White House, Office of the Press Secretary, Presidential Proclamation – National Slavery and Human Trafficking Prevention Month (Dec. 31, 2015)

3Id.

4See, e.g., Exec. Order No. 13627 - Strengthening Protections Against Trafficking in Persons in Federal Contracts (signed Sept. 25, 2012), 77 Fed. Reg. 60,029 (Oct. 2, 2012); Federal Acquisition Regulation; Ending Trafficking in Persons, 80 Fed. Reg. 4967 (Jan. 29, 2015); Defense Federal Acquisition Regulation Supplement: Further Implementation of Trafficking in Persons Policy (DFARS Case 2013– D007), 80 Fed. Reg. 4999 (Jan. 29, 2015); California Transparency in Supply Chains Act, 2010 Cal. Stat. ch. 556 (S.B. 657).


Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem. Moreover, the laws of each jurisdiction are different and are constantly changing. If you have specific questions regarding a particular fact situation, we urge you to consult competent legal counsel.


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