In August of this year, the United States passed the Countering America’s Adversaries through Sanctions Act (COAC). The legislation contains clauses that affects the entry of merchandise with links to individuals who have been forced into labor. The United States Customs and Border Patrol (CBP) is committed to educating shippers of the consequences and risks associated with forced labor as well as their responsibility of compliance under reasonable care.
COAC defines the scope as any merchandise, regardless of the degree or method by which it is collected or created, made in part or wholly by persons forced into labor, is prohibited from entry into the United States unless CBP finds clear and convincing evidence that said merchandise was not produced with forced labor.
In the case of a violation, CBP will:
- deny entry and may seize products;
- refer the issue to Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) with request to initiate a criminal investigation for violation of U.S. law;
- issue a summons or Request for Information.
The Associated Press recently reported on the instances of forced labor trafficking of North Korean citizens and nationals. While foreign factory jobs are coveted by North Korean citizens, they are far from freedom, often imposing the same strict policies as in their home country.
The report documented seafood produced by forced North Korean labor ended up in supermarkets across the U.S., Canada, and Europe. Which, according to the sanctions, is a federal crime.
CBP states that it is the obligation of importer to exercise reasonable care and due diligence to ensure that their products comply to all the laws and regulations including those related to human trafficking and forced labor.
Customs welcomes allegations on forced labor at its eAllegation portal. Parties who provide original information that leads to the recovery of penalties or fines are eligible to seek compensation.
Maintaining vigilance is the best way to remain socially compliant in an industry where forced labor exists.
Concerned with compliance? Contact Green Worldwide Shipping today!
