With the Biden administration’s emphasis on human rights and the upcoming 10th anniversary of the UN Guiding Principles on Business and Human Rights, corporate social responsibility is an issue of increasing focus and prominence.
A patchwork of laws and policies lays the groundwork for US government enforcement in this space. Section 307 of the Tariff Act of 1930 prohibits the importation of merchandise wholly or partially mined, produced, or manufactured in any foreign country by forced or indentured labor. Such merchandise is subject to exclusion from the United States and seizure, and may subject the importer to criminal investigation. Section 321(b) of the Countering America’s Adversaries Through Sanctions Act creates a specific presumption under the Tariff Act that certain items manufactured anywhere in the world by North Korean nationals are prohibited forced labor goods. Separately, recent seizures under the Tariff Act, sanctions designations under the Global Magnitsky Act, Department of Commerce Entity List designations, and an interagency advisory notice issued last summer highlight the US government’s particular focus on forced labor in the Xinjiang autonomous region of China.
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