ABSTRACT

Human Trafficking and Forced Labor: Trends in Import Restrictions {July 29, 2016]   [open pdf - 169KB]

From the Introduction: "More than 85 years ago, Congress passed a provision against forced labor in the Tariff Act of 1930 (19 U.S.C. 1307), which prohibited from import into the United States 'all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions' (Section 307 of the Act). Mirroring the International Labour Organization's (ILO) Forced Labour Convention of 1930 (though the United States is not party to this treaty), the Tariff Act defines forced labor as 'all work or service which is extracted from any person under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily.' The term forced labor also encompasses forced or indentured child labor-concepts recognized by the United States in other ILO commitments, including the 1998 Declaration on the Fundamental Principles and Rights at Work and the 1999 Convention on the Worst Forms of Child Labour. According to human rights and anti human trafficking awareness and advocacy groups, the use of Section 307 has been limited. In the over 85 years since the Tariff Act was enacted, U.S. authorities applied this provision to relatively few specific goods and manufactures. Some observers pointed to the so-called "consumptive demand" clause for the limited effect of this import prohibition. This clause excluded Section 307's application to any imports that were not made 'in such quantities in the United States to meet the consumptive demands of the United States.'"

Report Number:
CRS Insight, IN10541
Author:
Publisher:
Date:
2016-07-29
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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