Amendment to Procedural Guidelines for the Development and Maintenance of the List of Goods Produced by CL or Forced Labor, 4994-4997 [2024-01377]
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Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices
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[FR Doc. 2024–01453 Filed 1–24–24; 8:45 am]
BILLING CODE 4410–15–P
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
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.
AGENCY:
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.
SUMMARY:
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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: (aldayel.nadia.a@dol.gov)
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
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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
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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:
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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
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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
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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
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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
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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
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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
OFFICE OF MANAGEMENT AND
BUDGET
Agency Information Collection
Activities; Request for Comments;
Information on Meetings With Outside
Parties
Office of Management and
Budget, Executive Office of the
President.
ACTION: Notice and request for
comments.
AGENCY:
The Office of Information and
Regulatory Affairs (OIRA) within the
Office of Management and Budget
(OMB) is proposing to revise the
information collection 0348–0065 that it
uses for members of the public who
request a meeting with OIRA on rules
under review. The information collected
would be subject to the Paperwork
Reduction Act (PRA) and this notice
announces and requests comment on
OIRA’s proposal for such a collection.
DATES: Provide comments within 30
days of January 25, 2024.
ADDRESSES: Submit comments by the
following method:
• Federal eRulemaking portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments to https://
www.regulations.gov, will be posted to
the docket unchanged. Please submit
comments only and cite ‘‘Information
Collection 0348–0065’’ in all
correspondence related to this
collection. To confirm receipt of your
comment(s), please check
regulations.gov, approximately two to
three business days after submission to
verify.
FOR FURTHER INFORMATION CONTACT: Lisa
Jones, 202–395–5897.
SUPPLEMENTARY INFORMATION:
Title: Information on Meetings with
Outside Parties Pursuant to Executive
Order 12866.
Abstract: Executive Order 12866,
‘‘Regulatory Planning and Review,’’
issued by President Clinton on
September 30, 1993, as amended,
SUMMARY:
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establishes and governs the process
under which OIRA reviews agency draft
proposed and final regulatory actions.
The Executive Order also establishes a
disclosure process regarding the OIRA
Administrator’s (or his/her designee’s)
meetings with outside parties during
formal review of a regulatory action
(E.O. 12866 meetings) if such meetings
occur.
Summary of Current Meeting Process.
OIRA currently discloses the subject,
date, and participants of the E.O. 12866
meeting on the Reginfo.gov website, as
well as any materials provided to OIRA
at such meetings.
These meetings occur at the initiative
and request of outside parties who
request a meeting to present views on a
regulatory action under OIRA review.
OIRA invites representatives from the
agency or agencies that would issue the
regulatory action. If such meetings
occur, OIRA does not take minutes
during the meeting but would post on
RegInfo.gov any written materials
provided by outside parties during these
meetings, including the initial meeting
request.
To help ensure transparency
associated with meetings pursuant to
Executive Order 12866, OIRA collects
and discloses the following information
from outside parties that request a
meeting with OIRA to present their
views on a regulatory action currently
under review:
1. The name of the regulatory action
under review on which the party would
like to present its views.
2. Names of all attendees who will be
present at the meeting from the outside
party or parties, including each
attendee’s organization or affiliation.
3. Electronic copies of all briefing
materials provided by the requester that
will be used during the presentation.
4. An acknowledgment by the
requesting party that all information
submitted to OIRA pursuant to this
collection and meeting request will be
made publicly available at Reginfo.gov.
Proposed Revisions. OMB is
considering revisions to this
information collection with the goal of
collecting additional information from
meeting requesters to facilitate further
transparency, as well as improve the
efficiency and effectiveness of the
meeting request process. Such
information includes:
• Narrative descriptions
accompanying meeting requests. An
optional narrative description, provided
by the requester, that states the purpose
of the meeting and a brief, informal
summary of the views they anticipate
presenting. This information, which
would be disclosed, would help OIRA
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]]>Agencies
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Pages 4994-4997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: ([email protected])
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
