TN/RL/GEN/205  
 
27 May 2021  
(21-4411) Page: 1/3 
Negotiating Group on Rules  Original: English  
 
 
 
THE USE OF FORCED LABOR ON FISHING VESSELS  
SUBMISSION OF THE UNITED STATES  
The following communication, dated and received on 2 6 May 2021, is being circulated at the request 
of the delegation of the United States . 
 
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The use of forced labor on fishing vessels has been widely documented in recent years, particularly 
with respect to distant -water fishing vessels, whic h tend to be subsidized. This is a problem Members 
have recognized in other international fora, but the Negotiating Group on Rules (RNG) has yet to 
address it explicitly. This proposal outlines an approach that works within the framework of the 
current dra ft consolidated Chair text (TN/RL/W/276) to ensure an agreement on effective disciplines 
on harmful fisheries subsidies can contribute to Members’ efforts to highlight and address the use of 
forced labor on fishing vessels. This approach consists of (1) th e inclusion of effective disciplines on 
harmful subsidies to fishing activities that may be associated with the use of forced labor; (2) the 
explicit recognition of the problem and the need to eliminate it; and (3) transparency with respect 
to vessels or o perators engaged in the use of forced labor.  
 
1. Effective Disciplines on Subsidies to Fishing Activities Associated with the Use of Forced 
Labor  
 
Members are currently negotiating disciplines on harmful fisheries subsidies, including with respect 
to illegal,  unreported, and unregulated (IUU) fishing, certain distant water fishing, and fishing by 
vessels not flying the subsidizing Member’s flag. The use of forced labor has often been associated 
with these types of fishing. Disciplines to prohibit these harmful  subsidies can therefore contribute 
to Members’ efforts to address the use of forced labor on fishing vessels, provided they are effective 
and not subject to unnecessary carveouts or exemptions. These disciplines should therefore be 
included in any outcome . 
 
Article  3 of the draft consolidated Chair text contains a prohibition on subsidies to a vessel or 
operator engaged in IUU fishing. To be most effective, the scope of the prohibition should extend to 
fishing related activity in support of IUU fishing. Certain fishing activities that may support IUU 
fishing, such as transshipping, may also be associated with the use of forced labor. For example, 
support that enables a vessel to offload fish and receive fuel and supplies at sea, without returning  
to port for long periods of time, may also allow vessels using forced labor to evade detection. 
Therefore, for greater certainty, the following text is proposed for inclusion in Article  3.1: 
 
3.1 No Member shall grant or maintain any subsidy to a vessel [or 
operator ]4 engaged in illegal, unreported and unregulated (IUU) 
fishing or fishing related activities in support of such fishing . 
 
We note that, should this text be included in Article  3.1, corresponding adjustments to related 
provisions in Article  3 will be necessary.  
 TN/RL/GEN/205  
 
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  Article  5.2(a) of the draft consolidated Chair text prohibits fisheries subsidies that are contingent 
upon fishing or fishing related activities at sea in areas beyond a subsidizing Member’s jurisdiction.1 
These types of subsidies pose unique problems for the sustainability of fish stocks. Members have 
recognized, for example, that some flag States may have difficulty monitoring vessels’ activities far 
from home, and some coastal States may lack capacity to  monitor and enforce rules on foreign 
vessels fishing in their waters, especially when such vessels are numerous or not well -regulated by 
their flag State. The inability of Members to effectively monitor distant water fishing vessels may 
also facilitate th e use of forced labor. Given that the use of forced labor has been widely documented 
with respect to vessels engaged in distant water fishing, the inclusion of this discipline in any 
outcome will contribute to Members’ efforts to address this problem.  
 
Article 5.4 of the draft consolidated Chair text prohibits subsidies to vessels not flying the flag of the 
subsidizing Member. This discipline is based on the proposal in TN/RL/GEN/201/Rev.1, which outlines 
the rationale for this prohibition. The practices de scribed in TN/RL/GEN/201/Rev.1 may also enable 
fishing vessels engaged in the use of forced labor to avoid detection, and therefore an effective 
discipline on subsidies to vessels not flying the flag of the subsidizing Member can contribute to 
Members’ eff orts to address this problem.  
 
2. Recognition of Forced Labor on Fishing Vessels and the Need to Eliminate It  
 
The international community has recognized the problem of the use of forced labor on fishing vessels, 
and it is time for Members acting within the W TO to do the same. There is value in raising awareness 
of this issue and in signaling our collective resolve to address it.  
 
The following text is proposed for inclusion in any preamble to the agreement:  
 
Recognizing that effective disciplines on and great er transparency of 
fisheries subsidies can contribute to Members’ efforts to prevent and 
halt the use of forced labor on fishing vessels;  
 
The following text is proposed for inclusion as a chapeau to Article  3 concerning IUU fishing:  
 
Members recognize tha t the use of forced labor on fishing vessels is 
often associated with IUU fishing, and therefore that effective 
disciplines on subsidies to vessels and operators engaged in IUU 
fishing or fishing related activities in support of such fishing can 
contribute  to Members’ efforts to eradicate forced labor on fishing 
vessels.  
 
3. Transparency with Respect to Vessels or Operators Engaged in the Use of Forced Labor  
 
The draft consolidated Chair text provides in Article  8.2(a) for the notification of any list of vessels 
and operators a Member has determined as having been engaged in IUU fishing. This notification 
allows each Member to ensure that it does not provide fisheries subsidies to any such vessels or 
operators. The notification of vessels or operators enga ged in fishing or fishing -related activities for 
which a Member has information that reasonably indicates the use of forced labor may similarly 
provide Members with critical information concerning the recipients of its fisheries subsidies. This 
information  will help other Members evaluate the effects of the disciplines on harmful fisheries 
subsidies and how they can make a meaningful contribution to addressing this problem.  
 
The following text is therefore proposed for inclusion as Article  8.2(b):  
 
8.2.  Each Member shall notify the [Committee] in writing on an 
annual basis of:  
  
(a) any list of vessels and operators that it has determined 
as having been engaged in IUU fishing; and 
 
 
1 Article  5.2(a) and footnote 11 of the draft consolidated Chair text (TN/RL/W/276) are based on the 
proposal contained in RD/TN/RL/91/Rev.1.  TN/RL/GEN/205  
 
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  (b) any vessels and operators for which the Member has 
information that rea sonably indicates the use of forced 
labor, along with relevant information to the extent possible; 
and 
 
(b)(c) a list of any fisheries access agreements in force with 
another government or governmental authority, and such 
notification shall consist of the titles of the agreements and 
a list of their parties.  
 
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