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 |
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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 |
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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 |
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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 |
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Name of Resource | 5. The Federal Funding Accountability and Transparency Act (FFATA) |
Type | Legislation |
Country / jurisdiction | United States of America |
Enacting authority | Congress |
Entry into force / date of approval | 26 September 2006 |
Description | The Act directs the Office of Management and Budget to ensure the existence and operation of a single searchable website accessible by the public at no cost that includes for each federal award of federal financial assistance and expenditures (1) the amount; (2) information including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number, program source, and an award title descriptive of the purpose of each funding action; (3) the name and location of the recipient and the primary location of performance; and (4) a unique identifier of the recipient and any parent entity. |
Availability | ENG: https://www.congress.gov/bill/109th-congress/senate-bill/2590/text |
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Name of Resource | 6. Dodd-Frank Wall Street Reform and Consumer Protection Act |
Type | Legislation |
Country / jurisdiction | United States of America |
Enacting authority | Congress |
Entry into force / date of approval | 21 July 2010 |
Description | The Act amends the Securities Exchange Act of 1934 to direct the Security and Exchange Commission to issue regulations requiring persons for which conflict minerals are necessary to the functionality or production of a product manufactured by that person to make annual disclosures of whether any such conflict minerals originated in the Democratic Republic of Congo or an adjoining country. Requires the report, regarding any minerals that did originate in the Democratic Republic of Congo or an adjoining country, to describe: (1) due diligence measures taken on the source and chain of custody of such minerals; and (2) the products manufactured, or contracted to be manufactured, that are not Democratic Republic of Congo conflict free. Defines "Democratic Republic of Congo conflict free" as products that do not contain minerals that directly or indirectly finance or benefit armed groups in the DRC or an adjoining country. Instructs the Secretary of State to: (1) submit a strategy to Congress that addresses the linkages between human rights abuses, armed groups, mining of conflict minerals, and commercial products; (2) produce and update periodically a map of mineral-rich zones, trade routes, and areas under the control of armed groups in the DRC and adjoining countries ("Conflict Minerals Map"); and (3) publish in the Federal Register a notice of intent to declare a mineral a conflict mineral. |
Availability | ENG: https://www.congress.gov/bill/111th-congress/house-bill/4173 |
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Name of Resource | 7. The California Transparency in Supply Chains Act |
Type | Legislation |
Country / jurisdiction | State of California, United States of America |
Enacting authority | California State Senate |
Entry into force / date of approval | 1 January 2012 |
Description | The Act provides consumers with information about the efforts that companies are undertaking to prevent and root out trafficking in human beings and slavery in their product supply chains – whether in the U.S. or overseas. The Act requires large retailers and manufacturers doing business in California to disclose on their websites their “efforts to eradicate slavery and human trafficking from [their] direct supply chain for tangible goods offered for sale.” The law applies to any company doing business in California that has annual worldwide gross receipts of more than $100 million and that identifies itself as a retail seller or manufacturer on its California tax return. Companies subject to the Act must post disclosures on their websites related to five specific areas: verification, audits, certification, internal accountability, and training. The California Transparency in Supply Chains Act does not mandate that businesses implement new measures to ensure that their product supply chains are free from trafficking in human beings and slavery. Instead, the law only requires that covered businesses make the required disclosures – even if they do little or nothing at all to safeguard their supply chains. Companies subject to the Act must therefore disclose particular information within each disclosure category, and the Act offers companies discretion in how to do so. |
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Name of Resource | 8. Executive Order 13627 - Strengthening Protections Against Trafficking in Persons in Federal Contracts |
Type | Legislation |
Country / jurisdiction | United States of America |
Enacting authority | President |
Entry into force / date of approval | 2 October 2012 |
Description | Executive Order 13627 strengthens protections against trafficking in persons in federal contracts by directing the Federal Acquisition Regulatory Council, working with the appropriate agencies, to amend federal contracting regulations to: Prohibit contractors and subcontractors from engaging in specific trafficking-related activities; Apply new, tailored compliance measures for larger contracts performed abroad. The Executive Order also establishes a process to identify industries and sectors that have a history of human trafficking and augments training and heightens agencies’ ability to detect and address trafficking violations. The Executive Order stipulates that the Administrator for Federal Procurement Policy will provide guidance to agencies on how to improve monitoring of and compliance with actions to prevent trafficking and will implement improved training for the federal acquisition workforce on policies and procedures for combatting trafficking. |
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Name of Resource | 9. National Defense Authorization Act for Fiscal Year 2013 - Title XVII: Ending Trafficking in Government Contracting |
Type | Legislation |
Country / jurisdiction | United States of America |
Enacting authority | Congress |
Entry into force / date of approval | 2 January 2013 |
Description | Amends and supplements the Trafficking Victims Protection Act of 2000 to expand the authority of a federal agency to terminate a grant, contract, or cooperative agreement that involve grantees or contractors who engage in severe forms of trafficking in persons. This includes grantees or contractors who: (1) engage in acts that directly support or advance trafficking in persons, (2) destroy an employee's immigration documents or fail to pay return transportation costs to an employee upon the end of employment, (3) solicit persons for employment under false pretences, (4) charge recruited employees placement or recruitment fees, or (5) provide inadequate housing conditions. The Act prohibits the head of an executive agency from entering into a grant, contract, or cooperative agreement valued at more than $500,000 unless a representative of the recipient of such grant, contract, or cooperative agreement certifies that the recipient has implemented a plan and procedures to prevent trafficking in persons. The Act also requires 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 to promptly refer the matter to the agency's inspector general for investigation. The Act requires each such officer to require 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. |
Availability | ENG: https://www.congress.gov/bill/112th-congress/house-bill/4310/text |
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Name of Resource | 10. List of Products Produced by Forced or Indentured Child Labor |
Type | Report |
Country / jurisdiction | United States of America |
Enacting authority | Bureau of International Labor Affairs, Department of Labor |
Entry into force / date of approval | 1 December 2014 |
Description | ILAB maintains a list of products and their source countries which it has a reasonable basis to believe are produced by forced or indentured child labour, pursuant to Executive Order 13126. This List is intended to ensure that U.S. federal agencies do not procure goods made by forced or indentured child labour. Under 2018 procurement regulations, federal contractors who supply products on the List must certify that they have made a good faith effort to determine whether forced or indentured child labour was used to produce the items supplied. |
Availability | ENG: https://www.dol.gov/sites/dolgov/files/ILAB/EO_Report_2014.pdf |
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Name of Resource | 11. Federal Acquisition Regulation Subpart 22.17; Combating Trafficking in Persons |
Type | Regulation |
Country / jurisdiction | United States of America |
Enacting authority | Department of Defense, General Services Administration, and National Aeronautics and Space Administration |
Entry into force / date of approval | 2 March 2015 |
Description | This subpart prescribes policy for implementing Executive Order 13627 and the National Defense Authorization Act for Fiscal Year 2013 - Title XVII: Ending Trafficking in Government Contracting. It provides additional anti-trafficking policies that prohibit contractors and subcontractors from engaging in prohibited practices. It applies to all new solicitations and awards. This “Combating Trafficking in Persons” clause applies to all new solicitations and awards. The clause describes nine prohibited trafficking activities, such as the prohibition against charging recruitment fees to employees; the prohibition against using misleading or fraudulent practices during recruitment of employees; making material misrepresentations regarding the key terms and conditions of employment; etc. Implementing Partners must thoroughly familiarize themselves with the complete list of prohibited activities. |
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Name of Resource | 12. Trade Facilitation and Trade Enforcement Act of 2015 |
Type | Legislation |
Country / jurisdiction | United States of America |
Enacting authority | Congress |
Entry into force / date of approval | 24 February 2016 |
Description | Section 307 of the Tariff Act of 1930 prohibits the importation to the United States of “all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labour or/and forced labour or/and indentured labour.” However, the original law included an exception for any imports not made “in such quantities in the United States to meet the consumptive demands of the United States.” The Trade Facilitation and Trade Enforcement Act of 2015 eliminated the long-standing exception to the general prohibition on the importation of goods made with forced or indentured labour, including forced child labour, to meet the “consumptive demand” of the United States. |
Availability | ENG: https://congress.gov.bill/116th-congress/house-bill/5430/text |
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