Industry News

Department of Labor Proposes to Require Federal Contractor Certification as to Child Labor for more Products

September 11, 2009


On September 10, 2009, the Bureau of International Labor Affairs (ILAB) released an initial determination proposing to update the list of products, by country of origin that it believes might have been mined, produced, or manufactured by forced or indentured labor pursuant to Executive Order No, 13126 (“Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor”). E.O. 13126 prohibits federal agencies from acquiring products on this list unless the federal contractor supplying the product certifies that they have made a good faith effort to determine that forced or indentured child labor was not used to mine, produce, or manufacture the covered product.

The current enforced list was issued in 2001 and has not been updated since. Based on recent, credible, appropriately corroborated information, the ILAB has preliminarily concluded that there is a reasonable basis to believe that the following products, identified by their country of origin, might now be produced with the use of forced or indentured child labor:

PRODUCT

COUNTRY

Bamboo

Burma

Beans (green, yellow, soy)

Burma

Brazil Nuts/Chestnuts

Bolivia

Bricks

Burma, China, India, Nepal, Pakistan

Carpets

India, Nepal, Pakistan

Charcoal

Brazil

Coal

Pakistan

Coca (stimulant plant)

Colombia

Cocoa

Cote d’Ivoire, Nigeria

Coffee

Cote d’Ivoire,

Cotton

Benin, Burkina Faso, China, Tajikistan, Uzbekistan

Cottonseed (hybrid)

India

Diamonds

Sierra Leone

Electronics

China

Embroidered Textiles (zari)

India, Nepal

Garments

Argentina, India, Thailand

Gold

Burkina Faso

Granite

Nigeria

Gravel (crushed stones)

Nigeria

Pornography

Russia

Rice

Burma, India, Mali

Rubber

Burma

Shrimp

Thailand

Stones

India, Nepal

Sugarcane

Bolivia, Burma

Teak

Burma

Tilapia (fish)

Ghana

Tobacco

Malawi

Toys

China

The ILAB invites public comment on its initial determinations as to the products listed above, especially regarding whether these precuts (and/or other products, regardless of whether they are mentioned above) should be included on the updated list requiring federal contractor certification as to the use of forced or indentured child labor. The ILAB is also interested in comments relating to whether products initially determined to be on the List are designated with the appropriate specificity and what, if any, alternative designations would better serve the purposes of E.O. 13126.

Comments are due by December 10, 2009. The ILAB expects to issue a final list after considering all comments received, in consultation and cooperation with the Departments of State and Homeland Security.