U.S. DOL Issues Child Labor Product Prohibition List for Government Contractors

Executive Order 13126

 

Executive Order 13126 [Text] [PDF] on the “Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor,” was signed on June 12, 1999. The EO is intended to ensure that federal agencies enforce laws relating to forced or indentured child labor in the procurement process. It requires the Department of Labor, in consultation with the Departments of State and Homeland Security, to publish and maintain a list of products, by country of origin, which the three Departments have a reasonable basis to believe, might have been mined, produced or manufactured by forced or indentured child labor. Under the procurement regulations implementing the Executive Order, federal contractors who supply products on a list published by the Department of Labor must certify that they have made a good faith effort to determine whether forced or indentured child labor was used to produce the items listed.

On January 18, 2001, the Department of Labor published in the Federal Register the initial EO 13126 List comprised of 11 products from two countries, as well as the Procedural Guidelines for the “Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor” [Text] [PDF]. Also published in the January 18 Federal Register was the GSA’s Federal Acquisition Regulation Final Rule [Text] [PDF] to implement the Executive Order. On September 11, DOL published a Notice of Initial Determination [Text] [PDF] in the Federal Register announcing a proposed update to the EO 13126 List and officially requesting public comment. All public comments received are available for viewing at www.regulations.gov (reference Docket ID No. DOL-2009-0002).

Final Determination Updating the EO 13126 List

On July 20, 2010 the Department of Labor released a final determination [Text] [PDF] in the Federal Register updating the EO 13126 list in accordance with the “Procedural Guidelines for the Maintenance of the List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor.” The final determination sets forth an updated list of products, by country of origin, which the Departments of Labor, State and Homeland Security, believe might have been mined, produced, or manufactured by forced or indentured child labor. The final determination contains a list of 21 countries and 29 products as listed above. Additionally, the final determination provides responses to the most commonly received public comments.

Current List of Products and Countries on EO 13126 List

The current list of products was published in the July 20, 2010 Federal Register and includes the following:

 

Product Countries
Bamboo Burma
Beans (green, soy, yellow) Burma
Brazil Nuts/Chestnuts Bolivia
Bricks Burma, China, India, Nepal, Pakistan
Carpets 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

 

Frequently Asked Questions

Public Submissions

On October 15, 2008, the Department of Labor released a notice in the Federal Register [Text] [PDF] requesting information from the public on the use of forced child labor in the production of bricks, coal, foundry products, chemicals, cotton, grape products, toys, and fireworks in China under Executive Order 13126. This request was made pursuant to a public submission accepted on October 1, 2007. The July 20, 2010 final determination [Text] [PDF] published in the Federal Register completes consideration of the submission.

On May 10, 2004, the Department of Labor released a Federal Register Notice [Text] [PDF] notifying the public of its intent to continue monitoring the production of cocoa in Cote d’Ivoire, as well as requesting information regarding forced child labor in the cocoa industry in Cote d’Ivoire under Executive Order 13126. This request was made pursuant to a public submission accepted on March 20, 2001. The July 20, 2010 final determination [Text] [PDF] published in the Federal Register completes consideration of the submission.

On May 12, 2003, USDOL published a Notice of Final Determination in the Federal Register [Text] [PDF] regarding forced child labor in the firecracker industry in China. The Department conducted a review pursuant to a public submission accepted on June 29, 2001.

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