Sens. Wyden, Brown Urge CBP To Self-Initiate Forced-Labor Investigations, Streamline Regulations
CBP should revise its regulations to be able to initiate its own forced-labor goods investigations with help from the Department of Labor, Sens. Ron Wyden, D-Ore., and Sherrod Brown, D-Ohio, said in a July 14 letter to CBP Commissioner Gil Kerlikowske (here). The annually "published List of Goods Produced by Child Labor or Forced Labor provides a useful starting point for CBP to identify targets for self-initiated investigation, and we urge you to consult closely with DOL on your enforcement efforts," Wyden and Brown said. CBP previously said it would use DOL forced labor information for its research, but that the DOL uses different standards for its reviews (see 1604220017).
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Wyden and Brown also said the agency should issue its framework for pursuing such violations before Kerlikowske steps down this year (see 1604200019). The two senators again called for more transparency and accountability in the action against forced labor goods, after customs reauthorization legislation signed into law earlier this year eliminated the “consumptive demand” loophole for investigating shipments of such merchandise. Wyden and Brown met with Kerlikowske on the matter last month (see 1606150010).
The lawmakers requested that several specific provisions be included within the coming rule changes. "We ask you to include regulatory requirements for CBP to acknowledge receipt of petitions within a short timeframe, and, in the case of a lengthy investigation, inform petitioners whether an investigation is still underway or has been closed,” they said. “We urge you to revise, clarify, and issue public guidance relating to the evidentiary standards for CBP to initiate an investigation, issue a Withhold Release Order (WRO), and issue a finding.” CBP-initiated investigations will send a “strong signal” of its seriousness to block forced-labor goods to importers and producers, and CBP should issue WROs whenever it has enough information to meet regulatory standards, even if it is considering referring the cases to law enforcement authorities, the senators said.
A CBP report on forced-labor goods is due to Congress on Aug. 11, and the senators asked the agency to provide for it the number of forced-labor petitions filed with CBP in the last five years and the results, including how many resulted in investigations, WROs and findings, and any criminal prosecutions and convictions related to banned activities. Finally, Wyden and Brown urged CBP to clarify the definition of “forced labor” it uses in investigations and to have regular meetings with non-governmental organizations, which often file forced labor petitions. CBP and DOL didn't comment. A CBP official recently said the specific regulatory changes are still undecided (see 1606170040).