U.S.-China Security Review Commission May 10th news release

The U.S.-China Security Review Commission (USCSRC) says it is recommending to Congress that importers be required to prove that goods they bring into the United States from China were not made either by prison labour or forced labour.

In a May 10 news release, the USCSRC said that under current law the burden of proof that something is made with prison or forced labour rests with the government.

"The Commission believes that U.S. law is not adequately or effectively enforced against the importation of forced or prison labour products from China," the USCSRC said.

The U.S.-China Security Review Commission is a 12-member bipartisan commission created by statute in October 2000, with commissioners appointed by the Congressional leadership.

The Commission monitors, investigates, and reports to Congress on the implications for national security posed by America's bilateral trade and economic relationship with the People's Republic of China.

The United States bans the importation of products made by prison or forced labour from any country.

Under the proposed changes suggested by the USCSRC, companies would be required "to certify, based on good faith efforts, that goods they import are not made with forced or prison labour."

However, once "credible charges" have been lodged that a company is importing goods made by forced or prison labour, "U.S. Customs officials would investigate the charges prior to allowing importation," and the products would be allowed into the United States "only if the investigation concludes that no forced labour was used."

Following is the text of the USCSRC news release:

FOR IMMEDIATE RELEASE: MAY 10, 2002

MEDIA ADVISORY

U.S.-CHINA COMMISSION MAKES RECOMMENDATIONS ON CHINESE PRISON LABOR

The U.S.- China Security Review Commission announced it is making important recommendations to Congress on improving U.S. enforcement against prison labor products from China and other countries coming into the United States. The key Commission recommendation is to shift the burden of proof that the goods were not made by prison or forced labor from the U.S. government onto the importing companies. The Commission believes this will step up enforcement of U.S. laws prohibiting the importation of goods made by forced or prison labor.

The Commission believes that U.S. law is not adequately or effectively enforced against the importation of forced or prison labor products from China. U.S. law prohibits the importation of such products from any country.

The United States and China signed a Memorandum of Understanding (MOU) in 1992, and a subsequent Statement of Cooperation (SOC) in 1994, to safeguard against the export of forced labor products from China into the United States. According to the Department, of State, China rejects or ignores most U.S. requests to inspect alleged Chinese prison labor facilities, as provided for under the agreements.

Companies would be required to certify, based on good faith efforts, that goods they import are not made with forced or prison labor. Once credible charges are made that a company is importing goods made by forced or prison labor, U.S. Customs officials would investigate the charges prior to allowing importation. The products would be permitted into the U.S. only if the investigation concludes that no forced labor was used. With regard to countries such as China, where forced labor is practiced, and with whom we have an inspection arrangement, all goods from a suspect facility would be blocked from entering the U.S. market if requests for inspection are denied or ignored.

Commissioner Bill Reinsch announced that he does not concur in some of the recommendations adopted by the Commission on prison labor.

WHO: The U.S.-China Security Review Commission is a twelve-member bipartisan commission created by statute in October 2000 (www.uscc.gov). Commissioners are appointed by the Congressional leadership and provide a broad range of expertise from business, government and academia. The Commission's primary role is to monitor, investigate and report to Congress on the implications for U.S. national security posed by our bilateral trade and economic relationship with China.