Thursday, September 26, 2013

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[IWS] ILAB: ADDITIONS to PROHIBITED PRODUCTS PRODUCED by FORCED or INDENTURED CHILD LABOR [EO 13126] [23 July 2013]

IWS Documented News Service

_______________________________

Institute for Workplace Studies----------------- Professor Samuel B. Bacharach

School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies

Cornell University

16 East 34th Street, 4th floor---------------------- Stuart Basefsky

New York, NY 10016 -------------------------------Director, IWS News Bureau

________________________________________________________________________

 

Bureau of International Labor Affaires (ILAB)

 

REVISIONS TO EXECUTIVE ORDER 13126 [23 July 2013]

http://www.dol.gov/ilab/regs/eo13126/main.htm

 

Executive Order 13126 [Text] [PDF] on the "Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor," was signed on June 12, 1999. The Executive Order is intended to ensure that U.S. federal agencies do not procure goods made by forced or indentured child labor. It requires the Department of Labor, in consultation with the Departments of State and Homeland Security, to publish and maintain a list of products, by country of origin, which the three Departments have a reasonable basis to believe, might have been mined, produced or manufactured by forced or indentured child labor. Under the procurement regulations implementing the Executive Order, federal contractors who supply products on a list published by the Department of Labor must certify that they have made a good faith effort to determine whether forced or indentured child labor was used to produce the items listed.

On January 18, 2001, the Department of Labor published in the Federal Register the initial EO 13126 List comprised of 11 products from two countries, as well as the Procedural Guidelines for the "Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor" [Text] [PDF]. Also published in the January 18 Federal Register was the GSA's Federal Acquisition Regulation Final Rule [Text] [PDF] to implement the Executive Order.

Revisions to the EO 13126 List

On July 23, 2013, DOL released a Notice of Final Determination [Text] [PDF] in the Federal Register revising the list of products to add cattle from South Sudan, dried fish from Bangladesh, fish from Ghana, garments from Vietnam, and gold and wolframite from the Democratic Republic of Congo. With this final determination, the list is comprised of 35 products from 26 countries.

       View the bibliography for the full EO 13126 List (PDF)

On September 27, 2012, DOL published a Notice of Initial Determination [Text] [PDF] in the Federal Register proposing to add cattle from South Sudan, dried fish from Bangladesh, fish from Ghana, garments from Vietnam, and gold and wolframite from the Democratic Republic of the Congo to the list. The notice officially requested public comment on the initial determination for a period of 60 days.

       View the bibliography for each product listed in the September 27, 2012 initial determination (PDF)

On April 3, 2012 DOL released a Notice of Final Determination [Text] [PDF] in the Federal Register revising the list of products to add bricks from Afghanistan and coltan and cassiterite from the Democratic Republic of Congo. With this final determination, the list is comprised of 31 products from 23 countries.

       View the bibliography for each product listed in the April 3, 2012 final determination (PDF)

On October 4, 2011 DOL published a Notice of Initial Determination [Text] [PDF] in the Federal Register proposing to add Bricks from Afghanistan and Cassiterite and Coltan from the Democratic Republic of the Congo to the list. Until publication of the final determination, the current May 31, 2011 list remains valid. The notice officially requests public comment on the initial determination through December 3, 2011.

On May 31, 2011 DOL released a Notice of Final Determination [Text] [PDF] in the Federal Register updating the EO 13126 list in accordance with the Procedural Guidelines. The final determination sets forth an updated list of products, by country of origin, which DOL, DOS and DHS believe might have been mined, produced, or manufactured by forced or indentured child labor. The final determination contains a list of 21 countries and 29 products.

       View the bibliography for each product listed in the May 31, 2011 final determination (PDF)

On December 16, 2010 DOL published a Notice of Initial Determination [Text] [PDF] proposing to add Hand-Woven Textiles from Ethiopia to the list and to remove Charcoal from Brazil from the list where, preliminarily, DOL had reason to believe that the use of forced or indentured child labor had been significantly reduced. On December 23, 2010 DOL published a correction to the December 16 initial determination.

On July 20, 2010 DOL released a Notice of Final Determination [Text] [PDF] in the Federal Register updating the EO 13126 list in accordance with the Procedural Guidelines. The final determination sets forth an updated list of products, by country of origin, which DOL, DOS and DHS believe might have been mined, produced, or manufactured by forced or indentured child labor. The final determination contains a list of 21 countries and 29 products. Additionally, the final determination provides responses to the most commonly received public comments.

       View the bibliographies for each product listed in the July 20, 2010 final determination (PDF)

On September 11, 2009 DOL published a Notice of Initial Determination [Text] [PDF] in the Federal Register announcing a proposed revision to the EO 13126 List and requesting public comment. All public comments received are available for viewing at www.regulations.gov (reference Docket ID No. DOL-2009-0002).

Current List of Products and Countries on EO 13126 List

The current list of products was published in the July 23, 2013 Federal Register and includes the following:

 

Product

Countries

Bamboo

Burma

Beans (green, soy, yellow)

Burma

Brazil Nuts/Chestnuts

Bolivia

Bricks

Afghanistan, Burma, China, India, Nepal, Pakistan

Carpets

Nepal, Pakistan

Cattle

South Sudan

Cassiterite

Democratic Republic of Congo

Coal

Pakistan

Coca (stimulant plant)

Colombia

Cocoa

Cote d’Ivoire, Nigeria

Coffee

Cote d’Ivoire

Coltan

Democratic Republic of Congo

Cotton

Benin, Burkina Faso, China, Tajikistan, Uzbekistan

Cottonseed (hybrid)

India

Diamonds

Sierra Leone

Dried Fish

Bangladesh

Electronics

China

Embroidered Textiles (zari)

India, Nepal

Fish

Ghana

Garments

Argentina, India, Thailand, Vietnam

Gold

Burkina Faso, Democratic Republic of Congo

Granite

Nigeria

Gravel (crushed stones)

Nigeria

Pornography

Russia

Rice

Burma, India, Mali

Rubber

Burma

Shrimp

Thailand

Stones

India, Nepal

Sugarcane

Bolivia, Burma

Teak

Burma

Textiles (hand-woven)

Ethiopia

Tilapia (fish)

Ghana

Tobacco

Malawi

Toys

China

Wolframite

Democratic Republic of Congo

 

Frequently Asked Questions

*       View questions and answers about the Executive Order 13126 (PDF)

Public Submissions

On October 15, 2008, the Department of Labor released a notice in the Federal Register [Text] [PDF] requesting information from the public on the use of forced child labor in the production of bricks, coal, foundry products, chemicals, cotton, grape products, toys, and fireworks in China under Executive Order 13126. This request was made pursuant to a public submission accepted on October 1, 2007. The July 20, 2010 final determination [Text] [PDF] published in the Federal Register completes consideration of the submission.

On May 10, 2004, the Department of Labor released a Federal Register Notice [Text] [PDF] notifying the public of its intent to continue monitoring the production of cocoa in Cote d'Ivoire, as well as requesting information regarding forced child labor in the cocoa industry in Cote d'Ivoire under Executive Order 13126. This request was made pursuant to a public submission accepted on March 20, 2001. The July 20, 2010 final determination [Text] [PDF] published in the Federal Register completes consideration of the submission.

On May 12, 2003, USDOL published a Notice of Final Determination in the Federal Register [Text] [PDF] regarding forced child labor in the firecracker industry in China. The Department conducted a review pursuant to a public submission accepted on June 29, 2001.

 

 

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This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.

 




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