RESTRICTED  
  
GPA/W/350  
 
20 March 2024 
(24-2412) Page: 1/9 
Committee on Government Procurement    
 
  
INFORMATION -SHARING WORKSHOP ON GOVERNMENT PROCUREMENT AND LABOUR 
STANDARDS  
HELD IN THE CENTRE WILLIAM RAPPARD (WTO HEADQUARTERS), GENEVA, ROOM S3,  
9 NOVEMBER 2023  
REPORT BY THE SECRETARIAT1 
TABLE OF CONTENTS  
1   OPENING REMARKS (WTO DIRECTOR -GENERAL DR NGOZI OKONJO -IWEALA)  ..........  2 
2   THE NEXUS BETWEEN GOVERNMENT PROCUREMENT AND LABOUR  
STANDARDS (A RIANNA ROSSI, SENIOR RESEARCH AND POLICY COORDINATOR,  
INTERNATIONAL LABOUR ORGANIZATION (ILO) ) ................................ ..........................  2 
3   SWITZERLAND'S COMPREHENSIVE REFORM OF PUBLIC PROCUREMENT  
LEGISLATION (AMBASSADOR VALÉRIE BERSET BIRCHER, AMBASSADOR AND  
HEAD OF INTERNATIONAL LABOUR AFFAIRS, STATE SECRETARIAT FOR  
ECONOMIC AFFAIRS, SWITZERLAND)  ................................ ................................ .............  3 
4   AUSTRALIA’S MODERN SLAVERY ACT 2018 (EMMA GUO, ACTING DIRECTOR  
OF THE MODERN SLAVERY AND HUMAN TRAFFICKING BRANCH,  
ATTORNEY -GENERAL'S DEPARTMENT (AGD), AUSTRALIA)  ................................ .............  4 
5   LABOUR STANDARDS IN GOVERNMENT PROCUREMENT: A NEW ZEALAND 
PERSPECTIVE (KAREN ENGLISH, DIRECTOR, MINISTRY OF BUSINESS,  
INNOVATION AND EMPLOYMENT, NEW ZEALAND)  ................................ ..........................  5 
6   ENSURING ETHICAL PROCUREMENT (LAURA UNITT, MANAGER, ETHICAL 
PROCUREMENT TEAM, PUBLIC SERVICES AND PROCUREMENT CANADA (PSPC), 
GOVERNMENT OF CANADA)  ................................ ................................ .............................  6 
7   US FEDERAL PROCUREMENT REGULATIONS ON FORCED LABOUR AND HUMAN  
TRAFFICKING (ANA REED, SENIOR INTERNATIONAL TRADE SPECIALIST, US 
DEPARTMENT OF COMMERCE, UNITED STATES)  ................................ ..............................  7 
8   TACKLING MODERN SLAVERY IN UNITED KINGDOM GOVERNMENT SUPPLY  
CHAINS – GUIDANCE UK PPN 02/23 (MARTINA LENAGHAN, SENIOR POLICY  
ADVISOR, SMALL BUSINESS AND DOMESTIC POLICY TEAM)  ................................ ..........  8 
9   CONCLUDING REMARKS OF THE MODERATOR  ................................ ............................  9 
 
 
1 This document has been prepared under the Secretariat's own responsibility and is without prejudice to 
the positions of Members or to their rights and obligations under the WTO.  GPA/W/350  
 
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  TOPIC:  "HOW CAN GOVERNMENT PROCUREMENT PROCESSES BE CONDUCTED IN A 
MANNER THAT PROTECTS AND ADVANCES LABOUR STANDARDS, WHILE STILL 
RESPECTING INTERNATIONAL TRADE COMMITMENTS?"  
Moderator: Nadine Nickner, Director, Government Procurement, Trade and Environment Division,  
Global Affairs Canada  
1  OPENING REMARKS (WTO DIRECTOR -GENERAL DR NGOZI OKONJO -IWEALA)  
1.1.  The Director -General said that it  was great to be at the event and noted this was her first 
interaction since assuming office with the Committee on Government Procurement. She was very 
satisfied that the Committee was back in action after a difficult period and was already delivering 
results. The most obvious result was this event. But she was aware that the Committee had also 
adopted new procedures on the selection of the chairperson and an important transparency -related 
decision.  
1.2.  She was very pleased that the GPA 2012 continued to attrac t interest even in a challenging 
economic environment. She warmly congratulated North Macedonia on having very recently become 
GPA Party no. 22 and thus WTO Member no. 49 to be covered by the Agreement. She was equally 
delighted that Albania and Costa Rica  were energetically driving forward their accession processes. 
Finally, she strongly encouraged GPA Parties to vigorously pursue their efforts towards delivering 
possible initial outcomes in their unique three Work Programmes on sustainable procurement, SM Es 
and statistical data, in time for their ten -year anniversary.  
1.3.  Turning to the Workshop, the Director -General congratulated GPA Parties on taking the 
initiative to promote the Committee as a venue for policy learning and dialogue among experts. The 
quest ion raised in the workshop - how government procurement could be used to promote and 
safeguard labour rights while participating in international trade and keeping markets open – was a 
great illustration of the task that was before the trade community: How  could trade policy be 
responsive, and, indeed, be seen to be responsive, to people's concerns about global trade? 
Government procurement policy could be at the forefront of this international effort. Indeed, 
governments procuring goods and services with t axpayer money were particularly alert to public 
concerns about government supply chains and the standards that they as governments set when 
awarding public contracts through tenders. The Director -General commended the Committee for 
taking the initiative to  reflect on these important issues in the information -sharing workshop and 
wished participants a fruitful exchange.]  
2  THE NEXUS BETWEEN GOVERNMENT PROCUREMENT AND LABOUR STANDARDS 
(ARIAN NA ROSSI, SENIOR RESEARCH AND POLICY COORDINATOR, INTERNATIONAL 
LABOUR  ORGANIZATION (ILO) ) 
2.1.  The speaker explained the nexus of labour standards and trade through the lens of global 
supply chains. A lot of evidence had been amassed showing the opportunities and challenges for 
labour coming from global supply chains operating a cross the world. When it came to the nexus of 
labour standards and government procurement, it was important that  the ILO’s  international labour 
standards were seen as the foundation of sustainability efforts. There should not be a proliferation 
of standards that were unilaterally determined or were set without being negotiated. In addition, to 
drive compliance with labour sta ndards, it was not enough to just have labour standards; the 
important question was how to ensure that enterprises and supply chains comply with those 
standards. The speaker considered it essential to invest in the capacity of national governments, 
social partners, entrepreneurs, employer associations and trade unions to be able to drive efforts 
towards compliance.  
2.2.  As an example of the importance of compliance with international labour standards in high -risk 
sectors, the speaker noted ILO's Better Work Prog ramme, implemented in partnership with the 
International Finance Corporation. The Programme operated in the global garment industry and 
provided data -driven, evidence -based assessments of compliance with international labour 
standards and national legislat ion at the enterprise level. The data showed that a 5% increase in 
compliance translated into a 10% increase in income for workers and a 9% increase in remittances. 
Workers' well -being was also positively correlated with certain aspects of compliance, such  as wages, 
occupation safety and health compliance, and the lack of harassment (physical, verbal, and sexual), GPA/W/350  
 
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  which was a prevalent problem, especially in a labour -intensive production as the garment industry. 
The evidence further showed that compliance w ith international labour standards at the factory level 
resulted in better business performance. Garment firms that had invested in better working 
conditions had a positive impact in terms of their business performance at the enterprise level, trade 
opport unities and their connection to the global markets. Such firms grew at a significantly higher 
pace and had higher exports.  
2.3.  The lessons coming from the private sector could also be applied to government procurement, 
as public authorities could incorporate social and environmental criteria in tendering procedures. 
Moreover, as governments were major buyers, the potential for making an impact was vast. Public 
tenders provided in particular significant means to support and incentivize small and medium 
enterpri ses to strengthen compliance in view of entering private sector global supply chains . 
2.4.  Turning to ILO normative instruments relevant for government procurement, the speaker 
mentioned the Labour Clauses (Public Contracts) Recommendation , 1949 (no. 84) . It pr ovided a 
framework for ensuring that public contracts were considering social protection and labour rights. 
Public authorities were encouraged to be model employers and to inspire the private sector in terms 
of responsible business conduct. Two other relev ant instruments of the ILO were (i) the Declaration 
of Fundamental Principles and Rights at Work, and (ii) the Tripartite Declaration of Principles 
Concerning Multinational Enterprises and Social Policy. The former Declaration was one of ILO's main 
instrum ents in terms of defining the critical tenets of protecting labour in a globalized economy. The 
five fundamental principles and rights mentioned in the Declaration included the elimination of forced 
labour and child labour; non -discrimination; the right to  freedom of association and collective 
bargaining; and the right to a safe and healthy working environment, which was just added last year 
as a fundamental principle. The MNE Declaration regulated responsible business conduct. It was 
aimed mostly at multin ational enterprises, but also foresaw a role for governments as buyers and 
as models for responsible business conduct.  
2.5.  In concluding, the speaker noted that it was important to seek integration and coherence with 
government actions in terms of all the diff erent tools that were available in the toolbox. Government 
procurement was one of the critical means of action for governments to drive sustainability through 
the supply chains and in the world of work.  
3  SWITZERLAND'S COMPREHENSIVE REFORM OF PUBLIC PROCURE MENT LEGISLATION 
(AMBASSADOR VALÉRIE BERSET BIRCHER, AMBASSADOR AND HEAD OF INTERNATIONAL 
LABOUR AFFAIRS, STATE SECRETARIAT FOR ECONOMIC AFFAIRS, SWITZERLAND)  
3.1.  The speaker discussed the reform of Switzerland's government procurement legislation from 
2012 t o 2021, aimed at harmonizing the relevant federal and cantonal legislation with the GPA 2012, 
with an emphasis on increasing competition, promoting digitalization and strengthening 
sustainability.  
3.2.  With regard to sustainability, the new Federal Procurement Act introduced the obligation to 
respect fundamental principles and rights at work according to the ILO Core Conventions ratified by 
Switzerland as well as other international labour standards. The Act also permitted the contract to 
be awarded to the most advantageous tender and differentiated between situations according to 
whether the place of the procurement performance was in Switzerland or abroad. In the first 
scenario, when goods, work and services were to be provided in Switzerland, the procuring ent ity 
had to award a public contract only to tenderers that complied with Switzerland's workplace health 
and safety regulations and the provisions on equal treatment of men and women in terms of equal 
pay. In the second case, when goods, work and services we re to be provided abroad, the procuring 
entity should award a public contract only to tenderers that complied at a minimum with the Core 
Conventions of the International Labour Organization (ILO). In addition, the procuring entity might 
require compliance with other important international labour standards and might arrange for checks 
to be carried out.  
3.3.  Switzerland developed the five Fundamental Principles and Rights at Work, according to ten 
Core Conventions of the ILO, as mandatory conditions of particip ation in government procurement 
procedures that suppliers and subcontractors had to satisfy: (i) safe and healthy working 
environment (No. 155, 187), (ii) child labour (No. 138, 182), (iii) forced labour (No. 29, 105), (iv) 
freedom of association (No. 87, 98) and (v) discrimination (No. 100, 111). In addition, the procuring GPA/W/350  
 
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  entity might require compliance with further social principles as a condition of participation, such as 
sector -specific health and safety standards; maternity protection; protection agai nst excessive 
working hours; protection of the right to rest; and protection of young people. The procuring entity 
might also exclude a tenderer from an award procedure or revoke a contract if the tenderer (i) did 
not comply with fundamental ILO principles  and labour rights (zero tolerance, also for third parties 
in the value chain), (ii) had violated anti -corruption provisions, (iii) refused to allow inspections that 
had been ordered, or (iv) had failed to pay taxes or social security contributions that we re due.  
3.4.  Suppliers had to submit a self -declaration to procuring entities, while procuring entities had to 
conduct a risk assessment to identify the level of risk. In case of higher risks, an audit could be 
conducted.  In this regard, Switzerland, together w ith the International Trade Centre, had developed 
a guide identifying labels in the textile sector that required compliance with ILO core Conventions 
and were monitored by independent third parties. Regarding equal pay, the Swiss government had 
developed a  tool called Logib.ch , which was a free self -checking tool reinforced by additional state 
controls. When it came to identifying risks in the supply chain in specific sectors, such as 
telecommunications and IT, Switzerland had developed Relevanzmatrix, a tool that helped procuring 
entities determine the ecological and social issues relevant to their procurement contracts.  
3.5.  In concluding, the speaker noted that respecting international trade commitments was crucial. 
All ILO members had to respect, promote and  realize the Fundamental Principles and Rights at Work. 
It would be important for different countries to come together and have a common platform that 
could be used for various labour issues or social criteria.  
4  AUSTRALIA’S MODERN SLAVERY ACT 2018 (EMMA GU O, ACTING DIRECTOR OF THE 
MODERN SLAVERY AND HUMAN TRAFFICKING BRANCH, ATTORNEY -GENERAL'S 
DEPARTMENT (AGD), AUSTRALIA)  
4.1.  The speaker started the presentation with Australia's Modern Slavery Act and its pertinence to 
domestic procurement. The Act, which came  into force on 1 January 2019, was enacted to combat 
modern slavery, a globally rampant phenomenon involving serious exploitation and loss of freedom 
of the victim.  
4.2.  The Act established a transparency framework with mandatory reporting requirements for 
businesses and governments, aimed at identifying, increasing awareness about, and addressing 
modern slavery risks. The responsible minister was required to prepare a Com monwealth Modern 
Slavery Statement each financial year on behalf of all non -corporate Commonwealth entities. 
Commonwealth corporate entities with the relevant revenue threshold were also eligible for 
mandatory reporting. Other entities could submit volunta ry statements.  
4.3.  The legislation was unique in that it required a government to report on modern slavery risks 
across its government procurement and investment activities, and because of the influence the 
government had on suppliers due to the high volume o f goods and services it purchased. She stated 
that government reporting also provided a best practice model for reporting by non -government 
entities.  
4.4.  The Australian government had developed a suite of resources to support Commonwealth 
officers undertaking  procurement and contract management, available to the public on the Modern 
Slavery Statements Register. The suite includes tools for building capacity among procurement 
officials, such as e -learning modules and risk assessment tools for them to assess mod ern slavery 
risks and determine appropriate action.  
4.5.  To mitigate modern slavery risks in government procurement, the government followed the 
approach set out in the United Nations Guiding Principles on Business and Human Rights. Pursuant 
to this, the gover nment had chosen five areas of high -risk to  focus its effort (cleaning and security 
services; textiles; construction; ICT hardware; and investments). Examples of actions the Australian 
government had taken in those five high risk areas included working wit h civil society organizations 
to develop risk assessments and mitigation strategies; using the cleaning accountability framework 
certification of certain government buildings; and ongoing engagement and capacity building with 
government suppliers.  GPA/W/350  
 
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  4.6.  There ha d been a statutory review  of the operation of the Act in its first three years with the 
review report tabled in Parliament in May  2023. The review made  30 recommendations, including 
introduction of penalties for non -compliance; lowering the reporting threshold; and establishing a 
formal arrangement for an annual review of the Commonwealth Statement. Further, the government 
had undertaken to establish the  first federal Anti-Slavery Commissioner , which would be a landmark 
reform complementing and enhancing existing initiatives and functions. The Anti-Slavery 
Commissioner would work across government, industry and civil society to support compliance with 
the Modern Slavery Act and to improve transparency in the supply chains.  
4.7.  In conclusion, the speaker highlighted that partnership was crucial in detecting modern slavery 
in supply chains. Government needs to work with suppliers, civil society, academia, victi ms and 
survivors.  
5  LABOUR STANDARDS IN GOVERNMENT PROCUREMENT: A NEW ZEALAND PERSPECTIVE 
(KAREN ENGLISH, DIRECTOR, MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT, 
NEW ZEALAND)  
5.1.  The speaker noted that, although New Zealand scored well on international bench marks such 
as corruption perception, it was not immune from labour abuses by businesses even though the 
regulatory framework was in place to protect the workers. She presented a number of headlines that 
had appeared in the newspapers and media, focusing on  the example of the telecommunications 
company Chorus, which was prosecuted for several labour abuses against the particularly vulnerable 
category of migrant workforce that had occurred in the implementation of its NZD 2 billion worth 
infrastructure projec t. Relying on vulnerable workers (e.g., migrants, youth or temporary workers) 
might be often accompanied by lack of basic employment knowledge; informal employment 
arrangements; and lack of, or incomplete, records. Non -compliant businesses tarnished the 
reputation of their sectors as well as created an unfair and unsustainable competitive advantage by 
undercutting businesses. On the government side those situations presented a serious and 
significant risk to the reputation of the agency involved and the gov ernment as a whole.  
5.2.  Government procurement had a role to play in promoting fair treatment of workers in 
procurement processes. As an overarching principle, procuring entities should choose suppliers that 
comply with New Zealand's supplier code of conduct and should make sure that all suppliers acted 
lawfully, responsibly and with integrity. The government expected all suppliers to adhere to 
international human rights standards; to commit themselves to monitor and address related issues 
within their supply chain; to comply with employment standards; to maintain a workplace that was 
free from unlawful discrimination; and to comply with health and safety laws. Furthermore, 
New Zealand developed a Charter of Government Expectations (a list of actions that the g overnment 
expects its procuring entities to take) and one of them was engaging with businesses with good 
employment practices.  
5.3.  New Zealand's approach in updating government procurement rules in 2019 was based on the 
following principles: (i) stronger alig nment with international trends and practices, (ii) increased 
awareness of human rights and labour standards all over the world, and a realization that 
procurement could be a lever to enforce them, (iii) ensuring a level playing field so that good 
supplier s were not disadvantaged in government procurement domestically and abroad, (iv) avoiding 
significant cost or complexity, and (v) avoiding objective overload in any industry or type of contract. 
In certain designated sectors, i.e., cleaning contracts, secu rity guards, and forestry, seeking 
improved conditions for workers was established as a mandatory requirement for the award of 
government procurement contracts.  
5.4.  Steps could be taken at each stage of a procurement process, from the time it was planned to 
delivery of the contract, to ensure that labour standards were met. Accordingly, at the planning 
phase, procuring entities should conduct risk assessment, for example taking into account those 
sectors that had a history of human and employment rights issues,  or those sectors that used 
migrant, young or older workers. Those risks might not just be with the primary supplier, but in the 
supply chain itself, so there was a need to look at the whole supply chain. At the tendering stage, 
the key would be to set out  clearly in the tender documents the specific employment standard 
requirements. At the delivery stage, regular follow -up was important, as was the need of reporting 
incidents of non -compliance.   GPA/W/350  
 
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  5.5.  In concluding, the speaker noted that governments had the re sponsibility to protect workers 
from abuses. Modern slavery legislation existed in many countries and was coming to New Zealand 
as well. In addition, for exporters to succeed in global government procurement markets, they would 
need to observe internationa l labour standards, which made it necessary to start building relevant 
capabilities at home.  
6  ENSURING ETHICAL PROCUREMENT (LAURA UNITT, MANAGER, ETHICAL 
PROCUREMENT TEAM, PUBLIC SERVICES AND PROCUREMENT CANADA (PSPC), 
GOVERNMENT OF CANADA)  
6.1.  The speaker no ted that Canada had undertaken various initiatives to combat forced labour in 
supply chains, including launching in 2018, together with several like -minded countries, the 
Principles to Guide Government Action to Combat Human Trafficking in Global Supply Ch ains. 
Canada's National Strategy to Combat Human Trafficking, announced on 4 September 2019, was 
also highlighted . The strategy included Public Services and Procurement Canada (PSPC), the central 
purchasing entity for the Government of Canada, responsible for procuring ethically sourced goods 
and services. PSPC was given specific commitments under the strategy, such as outlining 
expectations on human and labour rights for suppliers; working with suppliers to develop and 
implement tools to help ensure compli ance in their supply chains; and examining long -term 
approaches to addressing human trafficking and labour exploitation in federal procurement supply 
chains.  
6.2.  Since the launch of the National Strategy, there had also been several mandate letter 
commitments  associated with ethical procurement, called on the federal government  to apply the 
highest ethical and sustainability standards across their supply chains and to ensure that Canadian 
businesses operating abroad did not contribute to human rights abuses.  
6.3.  To ensure evidence -based  decision -making , Canada analysed the risk of human trafficking, 
forced labour and child labour in PSPC supply chains, through the services  of Rights Lab from the 
University of Nottingham. The study informed the development of an ev idence -based approach to 
addressing labour exploitation in federal procurement supply chains by revealing the top at -risk 
goods categories . The findings, published in a publicly accessible report, indicated that most 
suppliers in at -risk categories did not have adequate policies and procedures to address the risks of 
forced labour and human rights abuses in their supply chains. PSPC was ther efore following up on 
the report's recommendations to develop an ethical procurement policy and human rights due 
diligence framework.  
6.4.  PSPC also worked towards updating their Code of Conduct for Procurement. The updated Code, 
launched on 13 August 2021, ou tlined expectations for the suppliers and their subcontractors on 
human rights and labour standards, informed by the instruments of the ILO, UN and OECD. To 
ensure maximum impact, the Code was formulated following consultations with suppliers, 
academics, a nd NGOs. As of 13 April 2023, the updated Code of Conduct for Procurement has been 
made mandatory in all Government of Canada Procurements.  
6.5.  In 2021, new anti -forced labour contract clauses were introduced aimed at ensuring that PSPC 
could terminate contrac ts where there was credible information that goods had been produced by 
forced labour or human trafficking. The clauses also protected PSPC from financial liability if imported 
goods were not released at the border because their importation was prohibited under Canadian 
laws. In 2023, the clauses were expanded to also apply to standing offers and supply arrangements.  
6.6.  In early 2023, PSPC held engagement and awareness raising sessions with high -risk sectors, 
learning about the state of play in the industry an d their needs. Although the suppliers took interest 
in the issue and mitigation strategies, there was little awareness of the risks further down the supply 
chain. PSPC was also working to develop a package of awareness materials for distribution to federal  
suppliers.  
6.7.  Another project in the pipeline at PSPC is the Ethical Procurement Policy, which would expand 
upon expectations set forth in the updated Code of Conduct for Procurement. The Policy is in draft 
form and internal consultations were being finalize d, following which it would progress towards 
external consultations with suppliers, NGOs and academics. The Policy would provide the basis for GPA/W/350  
 
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  the development of the Human Rights Due Diligence Framework, which would establish guiding 
principles and targete d actions for federal suppliers based on internationally accepted standards.  
6.8.  In conclusion, the issue of forced labour, child labour and human trafficking was important for 
the federal suppliers themselves. It was necessary to raise awareness of what was happening in 
different tiers of the supply chain, and to promote mitigating strategies and tangible steps to be 
taken.   
7  US FEDERAL PROCUREMENT REGULATIONS ON FORCED LABOUR AND HUMAN 
TRAFFICKING (ANA REED, SENIOR INTERNATIONAL TRADE SPECIALIST, US DEPARTME NT 
OF COMMERCE, UNITED STATES)  
7.1.  The speaker began by highlighting that safeguarding workers' rights had been a core principle 
of United States trade policy since 1988. The Biden administration's worker -centred trade policy 
furthered that effort, seeking to  ensure that prosperous trade benefited workers at home and 
abroad. Executive Order 13126, issued in June 1999 and titled "The Prohibition of Acquisition of 
Products Produced by Forced or Indentured Child Labour" required that the Department of Labour 
in consultation with the Departments of State and Homeland Security published and maintained a 
list of products by country of origin which they had a reasonable basis to believe might have been 
mined, produced, or manufactured by forced or indentured child lab our. Under the procurement 
regulations implementing that Executive Order, federal contractors who supply products on a list 
published by the Department of Labour must certify that they had made a good -faith effort to 
determine whether forced or indentured child labour had been used to produce the items listed.  
7.2.  Furthermore, in April 2006, the Federal Acquisition Regulation (FAR) implemented prohibitions 
for contractors using forced labour. If a product appeared on the Department of Labour list of goods 
produced by forced or indentured child labour, the contractor was required to certify that (i) it would 
not supply any end -product from countries that appeared on the list and (ii) a good -faith effort had 
been made to determine whether forced or indentured chi ld labour had been used to produce the 
items listed. Non -compliance could lead to termination of the contract, suspension of the contractor 
or debarment. The mentioned list was available online and, as of July 2022, comprised of 34 products 
from 26 countri es. Absent actual knowledge that a certification was false, a contracting officer had 
to rely on supplier's certifications when making award decisions. If the US government contracting 
personnel had reason to believe that forced or indentured child labour had been used to produce an 
end-product, they were required to contact the agency's Inspector General, the Attorney General, 
or the Secretary of the Treasury.  
7.3.  As for Executive Order 13627, it was adopted to strengthen the efficacy of the United States 
zero-tolerance policy on trafficking in persons by expressly prohibiting certain types of 
trafficking -related activities. The United States Congress had codified all of the Executive Order's 
prohibitions into a statute. At the same time, the FAR required contractors and subcontractors to 
notify government procurement personnel whenever they received credib le information on human 
trafficking or violations of the prohibited practices that might be associated with trafficking. Federal 
agencies might impose remedies, including suspension and debarment, for failure to comply with 
the requirements.  
7.4.  Contractors, contractor employees and their agents were contractually prohibited from 
engaging in forced labour and other activities that were closely associated. Additionally, contractors 
for large overseas awards had to certify that they had performed due diligence i nvestigations in their 
supply chains. Requirements for compliance plans for all contracts exceeding USD 550,000 and 
performed overseas (excluding commercially available off -the-shelf items) also existed. Each year, 
each contractor was required to certify t hat it had implemented a plan to prevent any of the 
prohibited activities and to monitor, detect and terminate any subcontract where the subcontractor 
was found to be engaging in prohibited activities.   
7.5.  The speaker referred to Article VIII:3(b) of the GPA  2012 requiring the procuring entity to base 
its assessment of compliance with the conditions for participation, on the conditions specified in 
advance in notices or tender documentation, as well as Article VIII:4 laying down the grounds based 
on which a P arty may exclude a supplier, which included false declarations and professional 
misconduct or omissions that adversely reflected on the integrity of the supplier.  GPA/W/350  
 
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  7.6.  The speaker also drew attention to relevant United States resources, which included:  
• the Responsible Sourcing Tool , enabling entities to visualize human trafficking risks by 
location, industry, sector, and commodity;  
• the Federal Acquisition Institute's course on Combating Trafficking in Persons , which was 
publicly available and was required for all civilian contracting officers and contractors' 
representatives;  
• the United States Department of Labour's Comply Chain  tool, which in addition to offering 
standard practices for companies to follow served as an organizing framework for  multiple 
government agencies' work on child and forced labour, supply chain focused research, and 
technical assistance projects; and  
• the Department of Labour's Better Trade Tool , an instrument that empowered users to 
advance efforts in supply chain transp arency as well as strategic sourcing priorities.  
7.7.  In conclusion, United States Federal Acquisition Regulations did lay out clear implementable 
rules to tackle  human trafficking and forced labour  in procurement processes. Contracting officers 
were required to take trainings , and the United States government promoted information sharing 
among agencies and through reporting from the contractor base.   
8  TACKLING MODERN SLAVERY IN UNITED KINGDOM GOVERNMENT SUPPLY CHAINS – 
GUIDANCE  UK PPN 02/23  (MARTINA LENAGHAN, SENIOR POLICY ADVISOR, SMALL 
BUSINESS AND DOMESTIC POLICY TEAM)  
8.1.  The speaker started by mentioning that since the adoption of the 2015 Modern Slavery Act, 
ending modern slavery had been an important objective for the United Kingdom government. In 
September 2019, the Cabinet Office published Procurement Policy Note (PPN 05/19) on tackling 
modern slavery in government supply chains. The policy applied to all government departments, 
their executive agencies, and non -departmental public bodies and followed a ris k-based approach, 
i.e. the greater the risk of modern slavery occurring, the more substantial measures were needed 
to manage it. No financial thresholds applied, as high -risk procurement of low value could be also 
significant considering the risks to victi ms of modern slavery.  
8.2.  The guidance set out four key areas of activities for the departments: (i) identifying and 
managing risks in new procurements, (ii) assessing existing contracts, (iii) taking action when 
victims of modern slavery were identified, and  (iv) capacity building. Those areas of activity were 
underpinned by a range of tools and resources, such as a checklist to be used in the planning stages 
of the procurement and a table including six key characteristics to identify the level of risk of mod ern 
slavery occurring (industry type, supplier location, business supply chain model, nature of the 
workforce, context in which the supplier operates, and commodity type).  
8.3.  In February 2023, the Cabinet Office published PPN 02/23 updating the Tackling Mode rn 
Slavery Government Supply Chain Guidance. While some elements remained the same, such as the 
scope of who the policy applied to, several changes were introduced. For example:  
• The commodity type and supplier location boxes included a reference to the Un ited States 
list of goods produced by child or forced labour. While the Global Slavery Index was still 
considered a useful tool, the United States list was another valuable tool that was to be used 
by commercial teams assessing the risk of commodity or sup plier location.  
• Additional guidance on due diligence activities and on using existing exclusion grounds more 
effectively had been provided. Thus, the procuring entity had the discretion to exclude a 
supplier if they could demonstrate a violation of applic able obligations in the field of 
environmental, social and labour law. For suppliers operating outside the United Kingdom, 
determining if a country had ratified any of the ILO conventions could be a helpful starting 
point to understand what obligations the  supplier had. In terms of grave professional 
misconduct, a contracting authority had a discretion to exclude a supplier if the contracting 
authority could demonstrate that the supplier was guilty of "grave professional misconduct 
which renders its integri ty questionable". For all procurements above threshold, suppliers 
were required to complete the standard selection questionnaire comprised of three parts: (i) 
basic supplier information such as contact details and parent company information, (ii) 
self-declaration of whether or not the exclusion grounds apply, and (iii) evidence and 
self-declaration of economic and financial standing and technical and professional ability. GPA/W/350  
 
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  Contracting authorities could determine how far down the supply chain they wanted to c ollect 
this information from.  
• A requirement had been introduced to provide supply chain information at the selection 
stage in new procurements designated as having a high risk of modern slavery. Where the 
supplier intended to use a supply chain to deliver  the contract, selection criteria could be 
used to assess whether they had effective systems in place to ensure the reliability of that 
supply chain. PPN 02/23 also created a link between the modern slavery risk assessment 
and the application of social val ue criteria. For example, in case of high -risk procurement, 
social value criteria should be selected and supplemented with advice contained within the 
PPN guidance.  
• Additional minor updates were expected to be published shortly. For example, since the 
2023 Global Slavery Index replaced cocoa and rice with textiles and timber, relevant changes 
needed to be reflected. Further updates would be required as a consequence of the 
Procurement Act 2023, including expanding the mandatory exclusion grounds to cover 
offences related to employment agencies, national minimum wage, gangmasters, and failure 
to comply with labour market enforcement orders. There would also be a new centrally 
managed debarment list. The new regime was expected to go live in October 2024.  
8.4.  In conclusion, with complex supply chains and subcontracts stretching not just across the 
country, but around the world, it was too easy for contracts with modern slavery to take a share of 
government spending on goods and services. The United Kingdom governm ent alone spent around 
GDP 259 billion in the financial year 2021 -2022, and a duty existed to make sure that money was 
spent responsibly.  
9  CONCLUDING REMARKS OF THE MODERATOR  
9.1.  The moderator observed that different perspectives and approaches were presented during the 
workshop providing excellent examples of ways in which labour standards could be advanced 
through government procurement in a manner that was consistent with international trade 
commitments. A number of topics were discussed, including the nexus  between government 
procurement and labour standards, how government procurement could be leveraged to improve 
labour standards, how regulations could be used to require compliance with fundamental ILO 
Conventions, how to mitigate modern slavery risks in g overnment supply chains, and how to 
safeguard procurement supply chains from risks of human trafficking and forced labour. Underlying 
all of the presentations was the important role that governments could play in leveraging 
government procurement to advanc e labour standards. Accordingly, the workshop fully achieved its 
objective of enhancing information -sharing within the Committee.  
 
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