United States
The National Action Plan
Leading by Example
Outcome 1.2: Utilise U.S. Law, Multilateral Agreements, and Diplomacy to Promote and Enforce High Standards [page 9]
New Action
Enhanced Enforcement of U.S. Laws Relating to Forced Labor or Convict Labor: As a result of the February 2016 enactment by the President of the Trade Facilitation and Trade Enforcement Act of 2015, the U.S. government has removed an exception (the “consumptive demand” clause) in 19 U.S.C. § 1307 that allowed for the importation of certain forced labor-produced goods if they were not produced “in such quantities in the United States as to meet the consumptive demands of the United States.” This exception existed since 1930, and its removal facilitates the Department of Homeland Security’s (DHS) ability and ongoing commitment to prevent and investigate the importation of goods manufactured with forced labor.
Implementing Department or Agency: DHS
Ongoing commitments and initiatives
Free Trade Agreements: The United States has sought to promote the role that governments can play in encouraging companies to engage in RBC in the context of 21st century free trade agreements (FTAs). For example, the Trans-Pacific Partnership (TPP) countries agreed to establish a TPP Development Committee that would promote public-private cooperative initiatives to help certain TPP partners reach their development goals, which include the promotion of broad-based economic growth; enhanced opportunities for women in domestic and global economies; and education, science and technology, research, and innovation. All U.S. FTAs since 2004 also contain transparency and anti-corruption provisions, including requiring our trading partners to criminalise both domestic and foreign bribery. For instance, the TPP includes a historic transparency and anti-corruption chapter. The TPP Parties have also agreed to encourage companies to voluntarily adopt corporate social responsibility principles that the TPP parties have themselves supported or endorsed relating to labor and environment issues. Implementing Department or Agency: DOJ, USTR, State, Commerce
Addressing Illegal, Unreported, and Unregulated (IUU) Fishing: Following the June 2014 Presidential Memorandum on Establishing a Comprehensive Framework to Combat IUU Fishing and Seafood Fraud, the U.S. government has taken steps to develop a Trusted Trader program as part of an effective seafood traceability process to combat IUU fishing and seafood fraud. The program will establish incentives for RBC by supporting enhanced streamlined entry into U.S. commerce for certified importers. Another outgrowth of the Memorandum was the establishment of a 14-agency National Ocean Council Committee on IUU Fishing and Seafood Fraud, which is overseeing the implementation of the March 2015 Action Plan. Through the Oceans and Fisheries Partnership, the U.S. Agency for International Development (USAID) will continue its commitment to strengthen regional cooperation to combat IUU fishing, promote sustainable fisheries, and conserve marine biodiversity in the Asia-Pacific region. The Safe Ocean Network, launched through State’s Our Ocean Conference, is a global community fighting against IUU fishing through detection, enforcement, and prosecution measures that increase collaboration between countries and counter-IUU organisations. More than 40 counter illegal fishing projects in 46 countries worth over $82 million over five years are affiliated with the Safe Ocean Network as of October 2016 to address the issue. Implementing Department or Agency: State, USAID, Commerce, DHS, DOL