Forced Labor Provision of the Trade Facilitation and Trade Enforcement Act of 2015

Date: November 9, 2016
Subject: Forced Labor Provision of the Trade Facilitation and Trade Enforcement Act of 2015
The Trade Facilitation and Trade Enforcement Act of 2015 includes a provision that removes the “consumptive demand” provision of the Forced Labor statute in 19 U.S.C. 1307. The clause had allowed importation of certain forced labor produced goods if the goods were not produced “in such quantities in the United States as to meet the consumptive demands of the United States.” The Commissioner of Customs and Border Protection (CBP) may issue “withhold release orders” for goods in violation of the statute.

CBP partners with U.S. Immigration and Customs Enforcement and other U.S. government agencies to investigate forced labor allegations. CBP acts on information concerning specific manufacturers or exporters and specific merchandise. The agency does not generally target entire product lines or industries. With the law becoming effective in 2016, Customs has issued four withhold release orders (detention orders), the first in 15 years.

Delmar International encourages stakeholders in the trade community to closely examine their supply chains to ensure goods imported into the United States are not mined, produced or manufactured, wholly or in part, with prohibited forms of labor, i.e., slave, convict, indentured, forced or indentured child labor. CBP has prepared a fact sheet on importer due diligence, a link is below:

Fact Sheet – Forced Labor – Importer Due Diligence

For additional information on forced labor, please contact your local Delmar USA representative or our Advisory Services group. Additional information regarding CBP’s forced labor regulations may be found here.

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