Name of Resource

1. US Tariff Act of 1930, as amended

Type

Legislation

Country / jurisdiction

United States of America

Enacting authority

Congress

Entry into force / date of approval

1930

Description

Section 307 of the Act prohibits the importation into the United States of merchandise mined, produced or manufactured wholly or in part in any foreign country by convict labour, forced labour or indentured labour– including forced or indentured child labour (19 U.S.C. 1307). Such merchandise is subject to exclusion and/or seizure, and may lead to criminal investigation of the importer(s).

According to implementing regulations (19 CFR § 12.42), when information, reasonably but not conclusively, indicates that merchandise within the purview of this provision is being imported, the Commissioner of U.S. Customs and Border Protection may issue withhold release orders.

Availability

ENG: https://www.gpo.gov/fdsys/pkg/USCODE-2010-title19/pdf/USCODE-2010-title19-chap4.pdf

Name of Resource

2. Executive Order 13126—Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

Type

Legislation

Country / jurisdiction

United States of America

Enacting authority

President

Entry into force / date of approval

12 June 1999

Description

Executive Order 13126 is intended to ensure that U.S. federal agencies do not procure goods made by forced or indentured child labour. That goal is consistent with current laws that, among other things, outlaw the importation of products made by forced or indentured child labour.

Under procurement regulations implementing the Executive Order, federal contractors who supply products on a list published by the Department of Labor must certify that they have made a good faith effort to determine whether forced or indentured child labour was used to produce the items listed.

Availability

ENG: https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products-print

Name of Resource

3. Trafficking Victims Protection Act, as amended

Type

Legislation

Country / jurisdiction

United States of America

Enacting authority

Congress

Entry into force / date of approval

28 October 2000

Description

The Trafficking Victims Protection Act (TVPA) is the landmark federal statute defining human trafficking and establishing a comprehensive approach to combating human trafficking domestically and internationally. The TVPA established the Trafficking in Persons Office within the U.S. Department of State, the President’s Interagency Task Force on Trafficking in Persons, and the Senior Policy Operating Group; authorized the State Department’s annual Trafficking in Person’s Report; authorized the provision of anti-trafficking foreign assistance programs by State and the U.S. Agency for International Development; and enshrined a victim-centred approach within U.S. law enforcement and immigration processes, among many other provisions.

The TVPA, as amended, directs the Secretary of Labor, through the Bureau of International Labor Affairs, to carry out activities to monitor and combat forced labour and child labour in foreign countries, including: (1) developing a public list of goods believed to be produced by forced labour or child labour in violation of international standards; and (2) ensuring that such products are not imported into the United States.

The National Defense Authorization Act, further supplemented this by stipulating that a contracting or grant officer of an executive agency who receives credible evidence that a recipient of a grant, contract, or cooperative agreement has engaged in trafficking in persons or other prohibited activities is also required to promptly refer the matter to the agency's inspector general for investigation. Each such officer is required to compel a recipient to immediately inform the appropriate Inspector General of credible evidence of the recipient's violation of anti-trafficking requirements, and to fully cooperate in any subsequent audit, investigation, or corrective action. The TVPA criminalized forced labour, for whoever “knowingly benefits, financially or by receiving anything of value, from participation in a venture which has engaged in the providing or obtaining of labor or services [by forced labor]”

Availability

ENG: https://uscode.house.gov/view.xhtml?path=/prelim@title22/chapter78&edition=prelim

Name of Resource

4. Resource Guide - The California Transparency in Supply Chains Act

Type

Guidance on policy / legislation implementation

Country / jurisdiction

State of California, United States of America

Enacting authority

California Department of Justice

Entry into force / date of approval

2005

Description

The Resource Guide is intended to help companies subject to the California Transparency in Supply Chains Act by offering recommendations about model disclosures and best practices for developing disclosures on their efforts to eradicate slavery and human trafficking from [their] direct supply chain for tangible goods offered for sale. In each disclosure category, the Guide discusses how a company can provide disclosures that comply with the law, as well as enhance consumers’ understanding of its anti-trafficking effort.

Availability

ENG: https://oag.ca.gov/sites/all/files/agweb/pdfs/sb657/resource-guide.pdf