Forced Labor Enforcement by CBP: What We Know and What's Coming Next
Webinar: 1 CCS Credit
Goods made with forced labor (including prison or forced child labor) are banned from importation into the United States. Political forces and new legal mandates are converging to increase pressure on U.S. Customs and Border Protection to take greater action to stop such imports. In response, CBP is expected to issue this year new withhold release orders on a variety of products, manufacturers, regions, and countries.
When WROs are issued, importers of all sizes are often faced with the difficulty of having to prove a negative; i.e., that their goods are not made with forced labor. As a result, even companies that have invested significantly in eliminating forced labor from their supply chains can be the focus of CBP actions. To avoid lengthy detentions of their goods, importers should update their practices, procedures, and documents to address forced labor and the nationality of workers with respect to not only immediate vendors but also suppliers of materials further back in the supply chain.
This webinar will cover the following topics.
- CBP’s legal and regulatory mandates on forced labor and recent changes
- burden of proof for different types of forced labor inquiries
- CBP detention of goods and process for review
- recent actions by CBP, Congress, and the administration to increase forced labor enforcement
- potential actions by CBP in 2020
- preparing to demonstrate the absence of forced labor from your supply chain
- responding to CBP inquiries
- updating procedures and documentation
- ensuring compliance with OFAC’s North Korean sanctions
DAVID OLAVE is an Associate and Trade Policy Advisor for Sandler, Travis & Rosenberg, P.A. He employs a unique blend of experience in trade negotiations, legislative procedures, lobbying and civil society outreach to advise clients on the potential impact of trade-related legislation and to work with the U.S. government to address clients’ needs.
ELISE SHIBLES is a Member of Sandler, Travis & Rosenberg, P.A., resident in the San Francisco office. She advises and counsels clients on trade agreement and preference program requirements for a variety of different types of goods under U.S. and non-U.S. trade programs including NAFTA, QIZ, ASEAN-China and EU-Vietnam, among others. She also has extensive expertise in all aspects of textile and apparel trade and policy including classification, origin, marking, drafting and reviewing proposed legislation, and strategy for trade negotiations