Notice2024-10249
Notice of Initial Determination To Remove Shrimp From Thailand and Garments From Vietnam From the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor Pursuant to Executive Order 13126
Primary source
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Published
May 10, 2024
Issuing agencies
Labor Department
Abstract
This initial determination proposes to revise the list required by Executive Order No. 13126 ("Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor") (E.O. List) in accordance with the Department of Labor's (DOL) "Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor" (the Procedural Guidelines). The E.O. List identifies a list of products, by their country of origin, that DOL, in consultation and cooperation with the Department of State and the Department of Homeland Security (hereinafter "the three Departments"), has a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor. Federal contracting officers must check the E.O. List when issuing a solicitation for supplies expected to exceed the micro-purchase threshold and take certain steps if the solicited product appears on the list. This notice proposes to remove shrimp from Thailand and garments from Vietnam because the three Departments have preliminarily determined that the use of forced or indentured child labor in the production of these products has been significantly reduced. The Department of Labor invites public comment on this initial determination. The three Departments will consider all public comments prior to publishing a final determination revising the E.O. List.
Full Text
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<title>Federal Register, Volume 89 Issue 92 (Friday, May 10, 2024)</title>
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[Federal Register Volume 89, Number 92 (Friday, May 10, 2024)]
[Notices]
[Pages 40509-40511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10249]
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DEPARTMENT OF LABOR
[Agency Docket Number DOL-2023-0003]
Notice of Initial Determination To Remove Shrimp From Thailand
and Garments From Vietnam From the List of Products Requiring Federal
Contractor Certification as to Forced or Indentured Child Labor
Pursuant to Executive Order 13126
AGENCY: The Bureau of International Labor Affairs, Department of Labor.
ACTION: Notice of initial determination; request for comments.
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SUMMARY: This initial determination proposes to revise the list
required by Executive Order No. 13126 (``Prohibition of Acquisition of
Products Produced by Forced or Indentured Child Labor'') (E.O. List) in
accordance with the Department of Labor's (DOL) ``Procedural Guidelines
for the Maintenance of the List of Products Requiring Federal
Contractor Certification as to Forced or Indentured Child Labor'' (the
Procedural Guidelines). The E.O. List identifies a list of products, by
their country of origin, that DOL, in consultation and cooperation with
the Department of State and the Department of Homeland Security
(hereinafter ``the three Departments''), has a reasonable basis to
believe might have been mined, produced, or manufactured by forced or
indentured child labor. Federal contracting officers must check the
E.O. List when issuing a solicitation for supplies expected to exceed
the micro-purchase threshold and take certain steps if the solicited
product appears on the list. This notice proposes to remove shrimp from
Thailand and garments from Vietnam because the three Departments have
preliminarily determined that the use of forced or indentured child
labor in the production of these products has been significantly
reduced. The Department of Labor invites public comment on this initial
determination. The three Departments will consider all public comments
prior to publishing a final determination revising the E.O. List.
DATES: Comments should be submitted to the Office of Child Labor,
Forced Labor, and Human Trafficking (OCFT) via one of the methods
described below and must be received by no later than 5 p.m. ET, June
10, 2024, to guarantee consideration.
ADDRESSES: Information submitted to the Department of Labor should be
submitted directly to OCFT, Bureau of International Labor Affairs, U.S.
Department of Labor. Comments, identified as ``Docket No. DOL-2004-
0003,'' 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): Ryan Olden 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 Ryan Olden. Email:
<a href="/cdn-cgi/l/email-protection#b5d0da8486848783f5d1dad99bd2dac3"><span class="__cf_email__" data-cfemail="aecbc19f9d9f9c98eecac1c280c9c1d8">[email protected]</span></a>.
Digital Accessability: The United States Department of Labor (DOL)
is required to ensure that all its digital information is accessible to
people with disabilities, including those who use assistive technology
such as screen readers. Therefore, DOL requests that your submissions
through the portal be as accessible as possible. If you are able to
conform to the current Web Content Accessibility Guidelines (WCAG),
then please do so. Otherwise, DOL requests that submissions be made in
a Microsoft Word document, using the built-in Styles for document
formatting, including descriptive Alt Text on embedded images and
graphics, and using the built-in Word Accessibility Checker for
additional accessibility improvements. Although permissible, please
avoid submitting scanned images, screen shots, or PDFs whenever
possible.
FOR FURTHER INFORMATION CONTACT: Ryan Olden. Phone: (202) 693-4867.
<a href="/cdn-cgi/l/email-protection#1d78722c2e2c2f2b5d797271337a726b"><span class="__cf_email__" data-cfemail="d6b3b9e7e5e7e4e096b2b9baf8b1b9a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: DOL is requesting public comment on the
revisions to the E.O. List proposed below, as well as any other issue
related to the fair and effective implementation of E.O. 13126. This
notice is a general solicitation of comments from the public. All
submitted comments will be made a part of the public record and will be
available for inspection on <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
In conducting research for this initial determination, the three
Departments considered a wide variety of materials based on their own
research, and materials from other U.S. Government agencies, foreign
governments, international organizations, non-governmental
organizations (NGOs), U.S. Government-funded technical assistance and
field research projects, academic and other independent research,
media, and other sources. The Department of State and U.S. embassies
and consulates abroad also provided important information by gathering
data from contacts, conducting site visits, and reviewing local media
sources. In developing the proposed revision to the E.O. List, the
three Departments' review focused on information concerning the use of
forced or indentured child labor that was available from the above
sources.
As outlined in the Procedural Guidelines, several factors were
weighed in determining whether a product should be placed, or remain
on, the revised E.O. List: the nature of the information describing the
use of forced or indentured child labor; the source of the information;
the date of the information; the extent of corroboration of the
information by appropriate sources; 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 a
particular country and industry (66 FR 5351).
This notice constitutes an initial determination to revise the E.O.
List. Based on available information from various sources, the three
Departments have preliminarily concluded that there is no longer a
reasonable basis to believe that there is use of forced or indentured
child labor in the production of the following products, identified by
their countries of origin:
Product: Shrimp
Country: Thailand
DOL has received recent, credible, and corroborated information
from various sources on the use of forced or indentured child labor in
shrimp production in Thailand. This information indicates that while
[[Page 40510]]
children previously worked under forced labor conditions in the
production of shrimp, the use of forced child labor appears to have
been significantly reduced. Therefore, the three Departments have
preliminarily concluded that there is no longer a reasonable basis to
believe that shrimp from Thailand is produced by forced or indentured
child labor, except in a few isolated instances, and therefore it
should not continue to be on the E.O. List.
DOL placed shrimp from Thailand on the E.O. List in 2009, and to
date, the listing cites 11 sources dating from 2006 to 2015. Sources
indicated that children in Thailand--primarily migrant children--were
peeling shrimp in small, unregulated ``shrimp sheds.'' In more than
isolated incidents, these migrant children were engaged in forced child
labor. Following international attention and action on labor
exploitation in Thailand's seafood industry, the Royal Thai Government
(RTG) and other stakeholders made a series of concerted significant
efforts to address child labor and forced child labor throughout the
seafood industry, including in the shrimp peeling sector.
The RTG acceded to the ILO's Maritime Labor Convention and the
ILO's Work in Fishing Convention and passed the Ministerial Regulation
Prohibiting Children in Seafood Processing. The RTG also enacted the
Royal Ordinance on Fisheries, which enhanced traceability systems of
aquatic resources in Thailand, inclusive of shrimp processing, and
strengthened migrant worker recruitment regulations through revisions
in the Labor Protection Act of 1998 and the Royal Ordinance on Foreign
Worker Management (No. 2). Additionally, the RTG collaborated with
international nongovernmental organizations to implement projects
focused on eliminating forced child labor and child labor in the
seafood processing sector, including the Combatting Unacceptable Forms
of Work in the Thai Fishing and Seafood Industry program funded by the
ILO and the European Union; the FAIR Fish program funded by DOL; and
the Ship to Shore project funded by the EU. Private sector entities
also acted against forced child labor by formalizing their supply
chains, eliminating nearly all unregulated ``shrimp sheds'' in which
child labor and forced child labor were previously documented. In 2023,
Thai government officials, an industry trade group, workers'
associations, international organizations, and nongovernmental
organizations reported that incidents of forced child labor in shrimp
processing had been reduced to no more than isolated cases. DOL's
review of available information corroborated that forced child labor in
the production of shrimp had been significantly reduced to isolated
incidents.
Product: Garments
Country: Vietnam
DOL has also received recent, credible, and corroborated
information from various sources on the use of forced or indentured
child labor in garment production in Vietnam. This information
indicates that while children previously worked under forced labor
conditions in the production of garments, the use of forced child labor
appears to have been significantly reduced. Therefore, the three
Departments have preliminarily concluded that there is no longer a
reasonable basis to believe that garments from Vietnam are produced by
forced or indentured child labor, except in a few isolated instances,
and therefore it should not continue to be on the E.O. List.
DOL placed garments from Vietnam on the E.O. List in 2012, and to
date, the listing cites 18 sources dating from 2008 to 2015. Sources
indicated that children in Vietnam--primarily children from rural
areas--were being trafficked from their homes to Ho Chi Minh City,
where they were coerced to work, and often live, in garment factories.
Reports indicated that children working in the sector were underpaid,
forced to work long hours, and in many cases were found living in the
workshops. Between 2010 and 2014 there were between 20 and 64 children
trafficked for these purposes each year, after which the number of
children dropped rapidly. Reporting that exposed this trafficking
pipeline was led by data from Blue Dragon Children's Foundation
(BDCF)--a local NGO which functions as a key partner to the Vietnamese
police. According to the U.S. Embassy in Hanoi and its contacts, all
forced child labor cases in Vietnamese garment factories go through
BDCF for intervention, removal of children from the trafficking
situations, and victim services.
Research indicates that following reports of forced child labor in
the sector, the police worked quickly and effectively to identify both
victims and perpetrators of this trafficking pipeline. The police shut
down all responsible criminal enterprises. According to a 2021 BDCF
report, BDCF rescue operations for victims of trafficking have not
uncovered a child in sweatshop labor since 2017.
Since the addition of garments to the E.O. List in 2012, Vietnam
has made efforts in its legal framework, partnerships, and enforcement
efforts to eradicate and prevent forced child labor in this sector.
Vietnam enacted a Labor Code in 2012 prohibiting unlawful, underage, or
forced labor of children, and included regulations on the employment of
minors including working hours, working times of day, and types of work
allowed for minors. Vietnam specifically prohibited minors from
operating fabric and yarn-starching machines, as well as dyeing and
dry-cleaning fabric and yarn, criminalized child trafficking, and
affirmed the right of children to be protected from labor exploitation.
Additionally, Vietnam has conducted two national programs on the
reduction of child labor and has conducted a national survey on child
labor. The government continues to work with Blue Dragon, as well as
other INGOs and NGOs like the ILO, Fair Wear Foundation, and Better
Work. Vietnam actively collaborates with stakeholders on programs like
ENHANCE, which aims to build governmental capacity to address and
prevent child labor; and Fear Wear's programming, which brings together
key stakeholders to enhance the rights of garment workers. Reports also
indicate that grievance mechanisms exist and are accessible for garment
workers.
DOL invites public comment on whether these products (and/or other
products, regardless of whether they are mentioned in this notice)
should be included in or removed from the revised E.O. List. To the
extent possible, comments provided should address the criteria for
inclusion of a product on the E.O. List contained in the Procedural
Guidelines discussed above.
Following receipt and consideration of comments, the three
Departments will issue a final determination in the Federal Register.
The three Departments intend to continue to revise the E.O. List
periodically to add or remove products as warranted by the receipt of
new and credible information.
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.'' The E.O. defines ``forced or
indentured child labor'' as ``all work or service (1) exacted from any
person under the age
[[Page 40511]]
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,
the Department of Labor 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 (whose relevant
responsibilities are now within the Department of Homeland Security),
had a reasonable basis to believe might have been mined, produced or
manufactured with forced or indentured child labor (66 FR 5353). This
list included 11 goods produced in 12 countries. DOL 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
(66 FR 5351).
The Procedural Guidelines provide that the E.O. List may be revised
through consideration of submissions by individuals and on the three
Departments' own initiative. When proposing a revision to the E.O.
List, DOL must publish in the Federal Register a notice of initial
determination, which includes any proposed alteration to the E.O. List.
The three Departments will consider all public comments prior to the
publication of a final determination of a revised E.O. List.
On January 18, 2001, pursuant to Section 3 of E.O. 13126, the
Federal Acquisition Regulatory Council published a final rule to
implement specific provisions of E.O. 13126 that require, among other
things, that Federal contractors who supply products that appear on the
list certify to the contracting officer that the contractor, or, in the
case of an incorporated contractor, a responsible official of the
contractor, has 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 forced or
indentured child labor (48 CFR subpart 22.15).
On September 11, 2009, the Department of Labor published an initial
determination in the Federal Register proposing to revise the E.O. List
to include 29 products from 21 countries. The Notice requested public
comments for a period of 90 days. Public comments were received and
reviewed by all relevant agencies and a final determination was issued
on July 20, 2010. Following the same process, the E.O. List was revised
again in 2011, 2012, 2013, 2014, 2019, and 2022. The most recent E.O.
List, finalized on July 13, 2022, includes 34 products from 26
countries.
The current E.O. List and the 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> or can be obtained from: OCFT, Bureau of 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-
4830.
(Authority: E.O. 13126, 64 FR 32383)
Signed at Washington, DC.
Thea Mei Lee,
Deputy Undersecretary for International Affairs.
[FR Doc. 2024-10249 Filed 5-9-24; 8:45 am]
BILLING CODE 4510-28-P
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