[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: (<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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