Notice2022-14799
Notice of Final Determination To Add Cambodia Bricks to the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
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Published
July 13, 2022
Issuing agencies
Labor Department
Abstract
This notice is a final determination to revise the list required by Executive Order No. 13126 ("Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor", hereafter the E.O. List). The E.O. List identifies a list of products, by their country of origin, that the Department of Labor (DOL), in consultation and cooperation with the Department of State (DOS) and the Department of Homeland Security (DHS) (collectively, the Departments), has a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor. The Departments proposed adding bricks from Cambodia to the E.O. List in a Notice of Initial Determination that was published in the Federal Register on October 2, 2020. After a thorough review of the comments received and information available, the Departments have determined that the use of forced child labor in brick kilns in Cambodia has been occurring in more than isolated incidents. As a result, this product meets the criteria for inclusion in the E.O. List.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41745-41747]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14799]
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DEPARTMENT OF LABOR
Notice of Final Determination To Add Cambodia Bricks to the List
of Products Requiring Federal Contractor Certification as to Forced or
Indentured Child Labor Pursuant to Executive Order 13126
AGENCY: Bureau of International Labor Affairs, Department of Labor.
ACTION: Notice of final determination.
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SUMMARY: This notice is a final determination to revise the list
required by Executive Order No. 13126 (``Prohibition of Acquisition of
Products Produced by Forced or Indentured Child Labor'', hereafter the
E.O. List). The E.O. List identifies a list of products, by their
country of origin, that the Department of Labor (DOL), in consultation
and cooperation with the Department of State (DOS) and the Department
of Homeland Security (DHS) (collectively, the Departments), has a
reasonable basis to believe might have been mined, produced, or
manufactured by forced or indentured child labor. The Departments
proposed adding bricks from Cambodia to the E.O. List in a Notice of
Initial Determination that was published in the Federal Register on
October 2, 2020. After a thorough review of the comments received and
information available, the Departments have determined that the use of
forced child labor in brick kilns in Cambodia has been occurring in
more than isolated incidents. As a result, this product meets the
criteria for inclusion in the E.O. List.
SUPPLEMENTARY INFORMATION: This final determination is the sixth
revision of the E.O. List required by E.O. 13126 in accordance with
DOL's Procedural Guidelines for the Maintenance of the List of Products
Requiring Federal Contractor Certification as to Forced or Indentured
Child Labor (Procedural Guidelines).
I. Initial Determination
On October 2, 2020, DOL, in consultation and cooperation with DOS
and DHS, published a Notice of Initial Determination in the Federal
Register proposing to add bricks from Cambodia to the E.O. List.\1\ The
initial determination stated the Departments had preliminarily
determined that there was a reasonable basis to believe that bricks
from Cambodia might have been mined, produced, or manufactured by
forced or indentured child labor. Public comments remained open until
December 1, 2020 on whether bricks from Cambodia should be added to the
E.O. List, as well as any other issues related to the fair and
effective implementation of E.O. 13126. The initial determination, and
the public comments submitted, can be viewed at Docket ID No. DOL-2020-
0008 or requested from Nadia Al-Dayel at: Office of Child Labor, Forced
Labor, and Human Trafficking (OCFT), Bureau of International Labor
Affairs, Room S-5317, U.S. Department of Labor, 200 Constitution Avenue
NW, Washington, DC 20210; telephone: (202) 693-4896, email: <a href="/cdn-cgi/l/email-protection#23624f0e67425a464f0d6d42474a420d6263474c4f0d444c55"><span class="__cf_email__" data-cfemail="85c4e9a8c1e4fce0e9abcbe4e1ece4abc4c5e1eae9abe2eaf3">[email protected]</span></a>. Individuals with hearing or speech impairments
may access the telephone number above via TTY by calling the Federal
Information Relay Service at 1-877-889-5627.
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\1\ 85 FR 62325. (October 2, 2020). <a href="https://www.federalregister.gov/documents/2020/10/02/2020-21789/notice-of-initial-determination-revising-the-list-of-products-requiring-federal-contractor">https://www.federalregister.gov/documents/2020/10/02/2020-21789/notice-of-initial-determination-revising-the-list-of-products-requiring-federal-contractor</a>.
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II. Public Comment Period
During the public comment period, two comments were submitted. One
comment received was an electronic message; however, the Department of
Labor determined that the content of the comment was not applicable to
the Notice of Initial Determination. The other comment received was a
letter from the Minister of Labour and Vocational Training, on behalf
of the Government of Cambodia. This comment is available for public
viewing at <a href="http://www.regulations.gov">http://www.regulations.gov</a> (reference Docket ID No. DOL-
2020-0008).
[[Page 41746]]
In its letter, the Government of Cambodia discussed the efforts it
has made in combating the worst forms of child labor by addressing some
of the gaps that were identified in the Cambodia profile in the 2019
Findings on the Words Forms of Child Labor report.\2\
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\2\ Government of Cambodia. Minister of Labor and Vocational
Training Letter. November 10, 2020. <a href="https://www.regulations.gov/docket/DOL-2020-0008">https://www.regulations.gov/docket/DOL-2020-0008</a>.
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III. Analysis of Comment Submitted
After the public comment period closed on December 1, 2020, the
Departments carefully reviewed and considered the public comments
received.\3\ In so doing, the Departments considered and weighed the
factors identified in the Procedural Guidelines: The source of the
information presented, the date of the information, the extent of
corroboration of the information, whether the information involved more
than an isolated incident, and whether recent and credible efforts are
being made to address forced or indentured child labor in the country
and industry.\4\
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\3\ Ibid.
\4\ 66 FR 5351, at 5352. (January 18, 2001). <a href="https://www.federalregister.gov/documents/2001/01/18/01-952/bureau-of-international-labor-affairs-procedural-guidelines-for-the-maintenance-of-the-list-of">https://www.federalregister.gov/documents/2001/01/18/01-952/bureau-of-international-labor-affairs-procedural-guidelines-for-the-maintenance-of-the-list-of</a>.
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The Government of Cambodia cited its efforts to address child
labor, forced labor, and debt bondage at brick kilns by conducting a
census of all 486 operational brick kilns in the country in 2019. The
government stated that no child labor, forced labor, or debt bondage
were found at any of these brick kilns, and they were working with
local authorities to create accessible education for marginalized
children found to be living in and around the brick kilns to stop them
from dropping out of school. The Government of Cambodia's submission
also reiterated that judges in Cambodia have a clear mandate to
prosecute child labor crimes and issue fines, and that they will
continue to investigate and prosecute all perpetrators of child labor
violations.
IV. Final Determination
The Departments have carefully reviewed and analyzed the comment
submitted in considering whether to add bricks from Cambodia to the
E.O. List. In addition, the Departments have continued to monitor the
production of bricks since the issuance of the Initial Determination
and will continue to monitor future brick production in the course of
maintaining the E.O. List. The letter submitted from the Government of
Cambodia failed to provide sufficient evidence to persuade the
Departments to not include bricks on the E.O. List. The Government of
Cambodia indicated in its letter that there were zero instances of
child labor across 486 brick kilns. However, this information is
inconsistent with the findings from an independent survey of the
Cambodia brick industry. The independent survey found that child labor
was occurring in brick kilns in more than isolated instances. Field
research, including interviews with workers at brick kilns, also
revealed that child labor occurred at brick kilns. The Departments
conclude that based on available information, there is a reasonable
basis to believe that bricks in Cambodia have been produced with the
use of forced or indentured child labor in more than isolated
incidents.
V. Background
E.O. 13126 was signed on June 12, 1999 and published in the Federal
Register on June 16, 1999 (64 FR 32383). E.O. 13126 declared that it
was ``the policy of the United States Government . . . that executive
agencies shall take appropriate actions to enforce the laws prohibiting
the manufacture or importation of goods, wares, articles, and
merchandise mined, produced, or manufactured wholly or in part by
forced or indentured child labor.'' \5\ The E.O. defines ``forced or
indentured child labor'' as:
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\5\ 66 FR 32383. (June 12, 1999). <a href="https://www.federalregister.gov/documents/1999/06/16/99-15491/prohibition-of-acquisition-of-products-produced-by-forced-or-indentured-child-labor">https://www.federalregister.gov/documents/1999/06/16/99-15491/prohibition-of-acquisition-of-products-produced-by-forced-or-indentured-child-labor</a>.
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[A]ll work or service (1) exacted from any person under the age of
18 under the menace of any penalty for its nonperformance and for which
the worker does not offer himself voluntarily; or (2) performed by any
person under the age of 18 pursuant to a contract the enforcement of
which can be accomplished by process or penalties.
Pursuant to E.O. 13126, and following public notice and comment,
DOL published in the January 18, 2001 Federal Register the first E.O.
List of products, along with their respective countries of origin, that
DOL, in consultation and cooperation with the Department of State and
the Department of the Treasury (relevant responsibilities now within
DHS), had a reasonable basis to believe might have been mined, produced
or manufactured by forced or indentured child labor.\6\
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\6\ 66 FR 5353. (January 18, 2001). <a href="https://www.federalregister.gov/documents/2001/01/18/01-953/bureau-of-international-labor-affairs-notice-of-final-list-of-products-requiring-federal-contractor">https://www.federalregister.gov/documents/2001/01/18/01-953/bureau-of-international-labor-affairs-notice-of-final-list-of-products-requiring-federal-contractor</a>.
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The Department also published the Procedural Guidelines on January
18, 2001, which provide procedures for the maintenance, review, and, as
appropriate, revision of the E.O. List.\7\ The Procedural Guidelines
provide that the E.O. List may be revised through consideration of
submissions by individuals and on the Department's own initiative. When
proposing a revision to the E.O. List, DOL must publish a notice of
initial determination in the Federal Register, which includes any
proposed alteration to the E.O. List. The Departments will consider all
public comments prior to the publication of a final determination of a
revised E.O. List. The E.O. List was subsequently revised on July 20,
2010; \8\ on May 31, 2011; \9\ on April 3, 2012; \10\ July 23, 2013;
\11\ and on March 25, 2019.\12\ The most recent E.O. List, finalized on
March 25, 2019, includes 34 products from 25 countries.\13\
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\7\ 66 FR 5351, at 5352. (January 18, 2001). <a href="https://www.federalregister.gov/documents/2001/01/18/01-952/bureau-of-international-labor-affairs-procedural-guidelines-for-the-maintenance-of-the-list-of">https://www.federalregister.gov/documents/2001/01/18/01-952/bureau-of-international-labor-affairs-procedural-guidelines-for-the-maintenance-of-the-list-of</a>.
\8\ 75 FR 42164. (July 20, 2010). <a href="https://www.federalregister.gov/documents/2010/07/20/2010-16886/notice-of-final-determination-updating-the-list-of-products-requiring-federal-contractor">https://www.federalregister.gov/documents/2010/07/20/2010-16886/notice-of-final-determination-updating-the-list-of-products-requiring-federal-contractor</a>.
\9\ 76 FR 31364. (May 31, 2011). <a href="https://www.federalregister.gov/documents/2011/05/31/2011-13342/notice-of-final-determination-revising-the-list-of-products-requiring-federal-contractor">https://www.federalregister.gov/documents/2011/05/31/2011-13342/notice-of-final-determination-revising-the-list-of-products-requiring-federal-contractor</a>.
\10\ 77 FR 20051. (April 3, 2012). <a href="https://www.federalregister.gov/documents/2012/04/03/2012-7961/notice-of-final-determination-revising-the-list-of-products-requiring-federal-contractor">https://www.federalregister.gov/documents/2012/04/03/2012-7961/notice-of-final-determination-revising-the-list-of-products-requiring-federal-contractor</a>.
\11\ 78 FR 44158. (July 23, 2013). <a href="https://www.federalregister.gov/documents/2013/07/23/2013-17520/notice-of-final-determination-revising-the-list-of-products-requiring-federal-contractor">https://www.federalregister.gov/documents/2013/07/23/2013-17520/notice-of-final-determination-revising-the-list-of-products-requiring-federal-contractor</a>.
\12\ 84 FR 11123. (March 25, 2019). <a href="https://www.federalregister.gov/documents/2019/03/25/2019-05360/notice-of-final-determination-to-remove-uzbek-cotton-from-the-list-of-products-requiring-federal#footnote-34-p11126">https://www.federalregister.gov/documents/2019/03/25/2019-05360/notice-of-final-determination-to-remove-uzbek-cotton-from-the-list-of-products-requiring-federal#footnote-34-p11126</a>.
\13\ Department of Labor. List of Products Produced by Forced or
Indentured Child Labor. <a href="https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products">https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products</a>.
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Under a final rule by the Federal Acquisition Regulatory Council,
which also implements E.O. 13126, federal contractors who supply
products that appear on the E.O. List are required to certify, among
other things, that they have made a good faith effort to determine
whether forced or indentured child labor was used to mine, produce, or
manufacture any product furnished under the contract and that, on the
basis of those efforts, the contractor is unaware of any such use of
child labor. See 48 CFR subpart 22.15.
The current E.O. List and Procedural Guidelines can be accessed at
<a href="https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products">https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products</a>?page=1 or can be obtained from: OCFT, Bureau of
[[Page 41747]]
International Labor Affairs, Room S-5313, U.S. Department of Labor, 200
Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-
4843; fax (202) 693-4843.
Signed at Washington, DC, on July 6, 2022.
Thea Lee,
Deputy Undersecretary for International Affairs.
[FR Doc. 2022-14799 Filed 7-12-22; 8:45 am]
BILLING CODE 4510-28-P
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