A/HRC/36/43 2015 regulating the entry, exit and residency of expatriates is aimed at replacing the kafala system with a contract-based system. 47. In Argentina, the crime of servitude or other similar conditions is stipulated in article 140 of the Criminal Code and punishable by 3 to 15 years of prison. Moreover, the National Directorate for the Promotion and Strengthening of Access to Justice was created by Decree No. 1755/08 to conduct and promote activities related to legal and social programmes and communitarian support. In Brazil, article 149 of the Penal Code punishes the offence of “reducing someone to conditions analogous to slavery” with 2 to 8 years’ imprisonment and a monetary fine. 48. In the United Kingdom, the Modern Slavery Act 2015 criminalizes (under the concept of “modern slavery”) slavery, servitude and forced or compulsory labour. Penalties include life imprisonment for conviction on indictment, or imprisonment for a term not exceeding 12 months or a fine or both for summary conviction. Section 8 provides that criminal courts have the ability to make reparation orders in cases where a perpetrator has been convicted of slavery, servitude or forced labour. Section 47 amended the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and entitles victims to legal aid for applications for leave or remain in the United Kingdom, compensation claims under employment law and claims for damages. 49. In the Netherlands, the 2011 Act on strengthening the position of victims of crime allows victims of violent crimes and sexual offences, including victims of trafficking for purposes of forced labour, to seek an advance payment from the State if the offender was convicted and ordered to pay damages to the victim as part of a criminal sentence, and he/she fails to pay those damages within a period of eight months after the sentence has become final. 50. In Australia, the Criminal Code Act 1995 criminalizes slavery servitude and forced labour. Slavery is punishable by up to 25 years’ imprisonment (Division 270). The Fair Work Ombudsman is responsible for maintaining mechanisms that provide trafficked people with the opportunity to pursue civil damages, including for unpaid wages and entitlements. Measures undertaken in the context of supply chains 51. In France, Law. No. 2017-399 of 2017 on the duty of care of parent companies and ordering companies establishes the obligation for parent and subcontracting companies to be vigilant. The law imposes on large French companies the duty of publishing annual public vigilance plans linked to their own activities, those of companies under their control and those suppliers and subcontractors with whom they have established commercial relationships. The breach of the duty of care may result in liability for the company. 52. In the United States of America, the Trade Facilitation and Enforcement Act of 2015 prohibits the importation of goods made with forced labour (Sect. 910). The California Transparency Act of 2010 requires companies headquartered in California or doing business in the state who have worldwide annual revenues exceeding $100 million to disclose information regarding their efforts to eradicate slavery and human trafficking in their supply chains. The Trafficking Victims Protection Reauthorization Act of 2008 created an offence of knowingly benefiting from forced labour and imposes the penalty of a fine, imprisonment of up to 20 years, or both (Sect. 1589). Furthermore, the Act establishes extraterritorial jurisdiction over trafficking in persons, forced labour, slavery and involuntary servitude (Sect. 223). 53. In the United Kingdom, the 2015 Modern Slavery Act contains a provision on transparency in supply chains, requiring all United Kingdom businesses with global turnover in excess of 36 million pounds and trading in the United Kingdom to publish an annual modern slavery statement disclosing the measures taken to identify, address and prevent modern slavery in their supply chains. 15

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