Notice2024-01377
Amendment to Procedural Guidelines for the Development and Maintenance of the List of Goods Produced by CL or Forced Labor
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Published
January 25, 2024
Issuing agencies
Labor Department
Abstract
The U.S. Department of Labor's Bureau of International Labor Affairs ("ILAB") amends its procedural guidelines ("Guidelines") for the development and maintenance of a list of goods from countries that ILAB has reason to believe are produced by child labor or forced labor in violation of international standards ("List"). The Guidelines establish the process for the public submission of information and the evaluation and reporting process to be used by the U.S. Department of Labor's ("DOL or Department") Office of Child Labor, Forced Labor, and Human Trafficking ("Office") in ILAB in maintaining and updating the List. DOL is required to develop and make available to the public the List pursuant to the Trafficking Victims Protection Reauthorization Act of 2005.
Full Text
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<title>Federal Register, Volume 89 Issue 17 (Thursday, January 25, 2024)</title>
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[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4994-4997]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01377]
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DEPARTMENT OF LABOR
[Agency Docket Number DOL-2023-xxxx]
Amendment to Procedural Guidelines for the Development and
Maintenance of the List of Goods Produced by CL or Forced Labor
AGENCY: The Bureau of International Labor Affairs, Department of Labor.
ACTION: Notice of amendment to procedural guidelines for the
development and maintenance of a list of goods produced by child labor
or forced labor in violation of international standards.
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SUMMARY: The U.S. Department of Labor's Bureau of International Labor
Affairs (``ILAB'') amends its procedural guidelines (``Guidelines'')
for the development and maintenance of a list of goods from countries
that ILAB has reason to believe are produced by child labor or forced
labor in violation of international standards (``List''). The
Guidelines establish the process for the public submission of
information and the evaluation and reporting process to be used by the
U.S. Department of Labor's (``DOL or Department'') Office of Child
Labor, Forced Labor, and Human Trafficking (``Office'') in ILAB in
maintaining and updating the List. DOL is required to develop and make
available to the public the List pursuant to the Trafficking Victims
Protection Reauthorization Act of 2005.
DATES: Submitters of information are requested to provide their
submission to DOL's Office of Child Labor, Forced Labor, and Human
Trafficking (OCFT) at the email or physical address below by January
22, 2024.
ADDRESSES:
To Submit Information: Information should be submitted directly to
OCFT, Bureau of International Labor Affairs, U.S. Department of Labor.
Comments, identified as Docket No. DOL-2023-xxxx, may be submitted by
any of the following methods:
Federal eRulemaking Portal: The portal includes instructions for
submitting comments. Parties submitting responses electronically are
encouraged not to submit paper copies.
Facsimile (fax): OCFT at 202-693-4830.
Mail, Express Delivery, Hand Delivery, and Messenger Service (1
copy): Nadia Al-Dayel at U.S. Department of Labor, ILAB/Office of Child
Labor, Forced Labor, and Human Trafficking, 200 Constitution Ave. NW,
Room S-5317, Washington, DC 20210.
Email: Email submissions should be addressed to Nadia Al-Dayel.
Email: (<a href="/cdn-cgi/l/email-protection#c3a2afeea7a2baa6afedada2a7aaa2eda283a7acafeda4acb5"><span class="__cf_email__" data-cfemail="8dece1a0e9ecf4e8e1a3e3ece9e4eca3eccde9e2e1a3eae2fb">[email protected]</span></a>)
508 Compliance: Pursuant to section 508 of the Rehabilitation Act
of 1973 (29 U.S.C. 794d), as amended. Section 508 became enforceable on
June 21, 2001, and the Revised 508 standards issued by the United
States Access Board (36 CFR part 1194), January 2018 require that
Information and Communication Technology (ICT) procured, developed,
maintained, and used by Federal departments and agencies is accessible
to and usable by Federal employees and members of the public including
people with disabilities. All documents received in electronic format
must be accessible using assistive technologies such as a screen
reader, e.g., Job Aid with Speech (JAWS), NonVisual Desktop Access
(NVDA), ZoomText, to name a few. The product should also be navigable
using other means such as a keyboard or voice commands. Accessible
document formats are either Microsoft Word or equivalent and Portable
Document Format with OCR.
The Department of Labor requests that your submissions through the
portal comply with our DOL Policies as well as the 508 Standards as
referenced above.
FOR FURTHER INFORMATION CONTACT: Nadia Al-Dayel. Phone: (202) 693-4896.
SUPPLEMENTARY INFORMATION: Through this notice, DOL incorporates an
amendment to the Department's mandate for the development and
maintenance of the List set forth in the Frederick Douglass Trafficking
Victims Prevention and Protection Reauthorization Act of 2018, Sec.
133(a), Public Law 115-425, 132 Stat. 5472. This 2018 Act directs that
the List include, ``to the extent practicable, goods that are produced
with inputs that are produced with forced labor or child labor.''
Section 105(b)(1) of the Trafficking Victims Protection
Reauthorization Act of 2005 (``TVPRA of 2005''), 22 U.S.C. 7112(b)(1),
directed the Secretary of Labor, acting through the Bureau of
International Labor Affairs, to ``carry out additional activities to
monitor and combat forced labor and child labor in foreign countries as
described in paragraph (2).'' Section 105(b)(2)(C) of
[[Page 4995]]
the TVPRA, 22 U.S.C. 7112(b)(2)(C), directed the Department to
``[d]evelop and make available to the public a list of goods from
countries that the Bureau of International Labor Affairs has reason to
believe are produced by forced labor or child labor in violation of
international standards.''
The Office carries out the Department's responsibilities in the
TVPRA of 2005, as amended. Pursuant to this mandate, DOL published in
the Federal Register a set of procedural guidelines that ILAB follows
in the development and maintenance of the List. 72 FR 73374 (Dec. 27,
2007). The Frederick Douglass Trafficking Victims Prevention and
Protection Reauthorization Act of 2018 expanded the scope of the
Department's mandate for the development and maintenance of the List.
Pursuant to this law, the List must also include goods that are
produced with inputs that are produced with forced labor or child
labor. Accordingly, the Department initially amended the Guidelines
with one technical change to incorporate this new mandate, 85 FR 29487
(May 15, 2020), and is further amending the Guidelines to incorporate
additional technical changes under this mandate. Additionally, the
Department makes changes to align the Guidelines with existing
procedures.
Though the Guidelines were initially adopted after offering the
public an opportunity to submit comments, the Department is not seeking
comment on this amendment. The Department notes that the amendment
restates changes in the enabling legislation, the Frederick Douglass
Trafficking Victims Prevention and Protection Reauthorization Act of
2018, and the Guidelines themselves simply clarify the process by which
the Department develops and maintains the List as required under the
TVPRA.
The Office will evaluate all information received according to the
processes outlined in these amended Guidelines. Goods that meet the
criteria outlined in these amended Guidelines will be placed on the
List, published in the Federal Register and on the DOL website.
Sections Revised
This notice makes the following revisions to the Guidelines. First,
in order to reflect the List's mandate, as revised by the Frederick
Douglass Trafficking Victims Prevention and Protection Reauthorization
Act of 2018, revisions to Section A of the Guidelines are necessary.
The Department therefore integrates language about supply chains into
the description of each of the factors considered in the development
and maintenance of the List in Section A, and defines the term ``supply
chain'' in Section C. Second, the Department adds one sentence to
further explain its procedures for adding goods produced with inputs
produced with child labor or forced labor to the List: ``If child labor
or forced labor was used in the production or extraction of a good, and
that good is likely to be found in the supply chain of a downstream
good, then the downstream good and the country in which it was produced
may be placed on the List.'' Third, the Department updates and removes
one sentence from Section A to better align with existing procedures
for the maintenance of the List in section B. The Department therefore
replaces the word ``inform'' with ``notify'' in Section A and removes
the following sentence from Section A: ``The Office will review these
responses and make a determination as to their relevance.'' Fourth, the
Department replaces the phrase ``taken into consideration'' with
``considered'' in Section A. Fifth, the Department adds ``non-public''
to clarify the sentence, ``DOL's postings on its website of non-public
source material used in identifying goods and countries on the List
will be redacted to remove company or individual names, and other
confidential material, pursuant to applicable laws and regulations'' in
Section A. Sixth, the Department replaces the word ``removed'' with
``considered for removal'' in Section B. Finally, the Department
removes references to the initial creation of the List as no longer
relevant and updates the definition of ``forced labor'' by removing
gender-specific language.
Final Procedural Guidelines
A. Sources of Information and Factors Considered in the Development and
Maintenance of the List
The Office will make use of all relevant information, whether
gathered through research, public submissions of information, a public
hearing, interagency consultations, or other means, in developing the
List. In the interest of maintaining a transparent process, the Office
will not accept classified information in developing the List. The
Office may request that any such information brought to its attention
be declassified. If submissions contain confidential or personal
information, the Office may redact such information in accordance with
applicable laws and regulations before making the submission available
to the public.
In evaluating information, the Office will consider and weigh
several factors, including:
1. Nature of information. Whether the information about child
labor, forced labor, or supply chains gathered from research, public
submissions, hearing testimony, or other sources is relevant and
probative, and meets the definitions of child labor or forced labor.
2. Date of information. Whether the information about child labor
or forced labor in the production of the good or the good's supply
chain is no more than 7 years old at the time of receipt. More current
information will generally be given priority, and information older
than 7 years will generally not be considered.
3. Source of information. Whether the information, either from
primary or secondary sources, is from a source whose methodology, prior
publications, degree of familiarity and experience with international
labor standards or supply chains, and/or reputation for accuracy and
objectivity, warrants a determination that it is relevant and
probative.
4. Extent of corroboration. The extent to which the information
about the use of child labor or forced labor in the production of a
good or a good's supply chain is corroborated by other sources.
5. Significant incidence of child labor or forced labor. Whether
the information about the use of child labor or forced labor in the
production of a good or a good's supply chain warrants a determination
that the incidence of such practices is significant in the country or
good in question. Information that relates only to a single company or
facility; or that indicates an isolated incident of child labor or
forced labor, will ordinarily not weigh in favor of a finding that a
good is produced in violation of international standards. Information
that demonstrates a significant incidence of child labor or forced
labor in the production of a particular good or a good's supply chain,
although not necessarily representing a pattern or practice in the
industry as a whole, will ordinarily weigh in favor of a finding that a
good is produced in violation of international standards. Likewise,
information that demonstrates that a good with significant incidence of
child labor or forced labor in its production is an input to a
downstream good will ordinarily weigh in favor of a finding that the
downstream good is produced in violation of international standards.
In determining which goods and countries are to be placed on the
List, the Office will, as appropriate, take into consideration the
stages in the chain of a good's production. To the extent practicable,
the List will include goods that are produced with inputs that are
[[Page 4996]]
produced with forced labor or child labor. If child labor or forced
labor was used in both the production or extraction of raw materials/
component articles and the manufacture or processing of a final good,
then both the raw materials/component articles and the final good, and
the country/ies in which such labor was used, may be placed on the
List. This is to ensure a direct correspondence between the goods and
countries which appear on the List, and the use of child labor or
forced labor. If child labor or forced labor was used in the production
or extraction of a good, and that good is likely to be found in the
supply chain of a downstream good, then the downstream good and the
country in which it was produced may be placed on the List.
Information on government, industry, or third-party actions and
initiatives to combat child labor or forced labor will be considered,
although this information is not necessarily sufficient in and of
itself to prevent a good and country from being listed. In evaluating
such information, the Office will consider particularly relevant and
probative any evidence of government, industry, and third-party actions
and initiatives that are effective in significantly reducing if not
eliminating child labor and forced labor.
Before publication of the List, the Office will notify the relevant
foreign governments of their presence on the List and request their
responses. The List, along with a listing of the sources used to
identify the goods and countries (``entries'') on it, will be published
in the Federal Register and on the DOL website. The List will represent
DOL's conclusions based on all relevant information available at the
time of publication.
For each entry, the List will indicate whether the good is made
using child labor, forced labor, or both. As the List continues to be
maintained and updated, the List will also indicate the date when each
entry was included. The List will not include any company or individual
names. DOL's postings on its website of non-public source material used
in identifying goods and countries on the List will be redacted to
remove company or individual names, and other confidential material,
pursuant to applicable laws and regulations.
B. Procedures for the Maintenance of the List
1. The Office will periodically review and update the List, as
appropriate. The Office conducts ongoing research and monitoring of
child labor, forced labor, and supply chains, and if relevant
information is obtained through such research, the Office may add an
entry to, or remove an entry from the List using the process described
in Section A of the Guidelines. The Office may also update the List on
the basis of public information submissions, as detailed below.
2. Any party may at any time file an information submission with
the Office regarding the addition or removal of an entry from the List.
Submitters should take note of the criteria listed in Section A of the
Guidelines.
3. The Office will review any submission of information to
determine whether it provides relevant and probative information.
4. The Office may consider a submission less reliable if it
determines that: The submission does not clearly indicate the source(s)
of the information presented; the submission does not identify the
party filing the submission or is not signed and dated; the submission
does not provide relevant or probative information; or, the information
is not within the scope of the TVPRA and/or does not address child
labor or forced labor as defined herein. All submissions received will
be made available to the public on the DOL website, consistent with
applicable laws or regulations.
5. In evaluating a submission, the Office will conduct further
examination of available information relating to the good and country,
as necessary, to assist the Office in making a determination concerning
the addition or removal of the good from the List. The Office will
undertake consultations with relevant U.S. government agencies and
foreign governments, and may hold a public hearing for the purpose of
receiving relevant information from interested persons.
6. In order for an entry to be considered for removal from the
List, any person filing information regarding the entry must provide
information that demonstrates that there is no significant incidence of
child labor or forced labor in the production of the particular good in
the country in question. In evaluating information on government,
industry, or third-party actions and initiatives to combat child labor
or forced labor, the Office will consider particularly relevant and
probative any available evidence of government, industry, and third-
party actions that are effective in significantly reducing if not
eliminating child labor and forced labor.
7. Where the Office has made a determination concerning the
addition, maintenance, or removal of the entry from the List, and where
otherwise appropriate, the Office will publish an updated List in the
Federal Register and on the DOL website.
C. Key Terms Used in the Guidelines
``Child Labor'': ``Child labor'' under international standards
means all work performed by a person below the age of 15. It also
includes all work performed by a person below the age of 18 in the
following practices: (A) All forms of slavery or practices similar to
slavery, such as the sale or trafficking of children, debt bondage and
serfdom, or forced or compulsory labor, including forced or compulsory
recruitment of children for use in armed conflict; (B) the use,
procuring, or offering of a child for prostitution, for the production
of pornography or for pornographic purposes; (C) the use, procuring, or
offering of a child for illicit activities, in particular for the
production and trafficking of drugs; and (D) work which, by its nature
or the circumstances in which it is carried out, is likely to harm the
health, safety, or morals of children. The work referred to in
subparagraph (D) is determined by the laws, regulations, or competent
authority of the country involved, after consultation with the
organizations of employers and workers concerned and taking into
consideration relevant international standards. This definition will
not apply to work specifically authorized by national laws, including
work done by children in schools for general, vocational or technical
education or in other training institutions, where such work is carried
out in accordance with international standards under conditions
prescribed by the competent authority, and does not prejudice
children's attendance in school or their capacity to benefit from the
instruction received.
``Countries'': ``Countries'' means any foreign country or
territory, including any overseas dependent territory or possession of
a foreign country, or the Trust Territory of the Pacific Islands.
``Forced Labor'': ``Forced labor'' under international standards
means all work or service which is exacted from any person under the
menace of any penalty for its nonperformance and for which the worker
does not offer themselves voluntarily, and includes indentured labor.
``Forced labor'' includes work provided or obtained by force, fraud, or
coercion, including: (1) By threats of serious harm to, or physical
restraint against any person; (2) by means of any scheme, plan, or
pattern intended to cause the person to believe that, if the person did
not perform such labor or services, that person or another person would
suffer serious harm or physical restraint; or (3) by means of the abuse
[[Page 4997]]
or threatened abuse of law or the legal process. For purposes of this
definition, forced labor does not include work specifically authorized
by national laws where such work is carried out in accordance with
conditions prescribed by the competent authority, including: any work
or service required by compulsory military service laws for work of a
purely military character; work or service which forms part of the
normal civic obligations of the citizens of a fully self-governing
country; work or service exacted from any person as a consequence of a
conviction in a court of law, provided that the said work or service is
carried out under the supervision and control of a public authority and
that the said person is not hired to or placed at the disposal of
private individuals, companies or associations; work or service
required in cases of emergency, such as in the event of war or of a
calamity or threatened calamity, fire, flood, famine, earthquake,
violent epidemic or epizootic diseases, invasion by animal, insect or
vegetable pests, and in general any circumstance that would endanger
the existence or the well-being of the whole or part of the population;
and minor communal services of a kind which, being performed by the
members of the community in the direct interest of the said community,
can therefore be considered as normal civic obligations incumbent upon
the members of the community, provided that the members of the
community or their direct representatives have the right to be
consulted in regard to the need for such services.
``Goods'': ``Goods'' means goods, wares, articles, materials,
items, supplies, and merchandise.
``Indentured Labor'': ``Indentured labor'' means all labor
undertaken pursuant to a contract entered into by an employee the
enforcement of which can be accompanied by process or penalties.
``International Standards'': ``International standards'' means
generally accepted international standards relating to forced labor and
child labor, such as international conventions and treaties. These
Guidelines employ definitions of ``child labor'' and ``forced labor''
derived from international standards.
``Produced'': ``Produced'' means mined, extracted, harvested,
farmed, produced, created, and manufactured.
``Supply Chain'': ``Supply chain'' means the chain or network
comprised of all organizations and individuals involved in producing,
processing, trading, transporting and/or distributing a product or
commodity from its point of origin, through any intermediary goods, to
the final retailer.
Authority: 22 U.S.C. 7112(b)(2)(C) & (D) and 19 U.S.C. 2464;
Executive Order 13126.
Signed at Washington, DC.
Thea Lee,
Deputy Undersecretary for International Affairs.
[FR Doc. 2024-01377 Filed 1-24-24; 8:45 am]
BILLING CODE 4510-28-P
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