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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: January 18, 2001

SUBJECT: Federal Acquisition Circular (FAC) 97-23, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor

SOURCE: Federal Register, January 18, 2001, Vol. 66, No. 12, page 5345

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Final Rule

SYNOPSIS: FAC 97-23 is being issued to amend the Federal Acquisition Regulation (FAR) to implement the requirements of Executive Order 13126 of June 12, 1999, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor.

EDITOR'S NOTE: For more on the proposed rule, see the September 8, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Regulation (FAR); Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor."

EFFECTIVE DATE: February 20, 2001.

FOR FURTHER INFORMATION CONTACT: Linda Nelson, Procurement Analyst, 202-501-3775. Cite FAC 97-23, FAR case 1999-608, when referring to this final rule.

For general information, contact the FAR Secretariat, Room 4035, GS Building, Washington, DC 20405, 202-501-4755.

SUPPLEMENTAL INFORMATION: On June 12, 1999, President Clinton signed Executive Order 13126 to "continue the executive branch's commitment to fighting abusive child labor practices" (the executive order defines "child" as a person under the age of 18). The executive order directed the Department of Labor, in consultation with the Department of the Treasury and the Department of State, to publish "a list of products, identified by their country of origin, that those Departments have a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor", and directed that the FAR be amended to implement the provisions of the executive order.

On September 8, 2000, a proposed FAR rule implementing Executive Order 13126 was published, along with a proposed list of products that might have been mined, produced, or manufactured by forced or indentured child labor. The proposed rule would add FAR Subpart 22.15, Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor; a new certification in FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items, and FAR 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products [for non-commercial items], regarding knowledge of child labor for listed end products; and add FAR 52.222-19, Child Labor -- Cooperation with Authorities and Remedies, to require cooperation with authorities ("by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials"), and provide remedies for violations relating to use of forced or indentured child labor.

Ten comments were submitted in response to the proposed rule, but the rule is being finalized with minor editorial changes.

The following are the key provisions of FAR Subpart 22.15:

Also today, the Department of Labor published its final List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor (with the countries of origin in parentheses):

      Bamboo (Burma)
      Beans (including yellow, soya, and green beans) (Burma)
      Bricks (hand-made) (Burma, Pakistan)
      Chilies (Burma)
      Corn (Burma)
      Pineapples (Burma)
      Rice (Burma)
      Rubber (Burma)
      Shrimp (aquaculture)(Burma)
      Sugarcane (Burma)
      Teak (Burma)

Also, the Department of Labor published procedural guidelines pertaining to the submission of information, review, and reporting process utilized by its International Child Labor Program in maintaining and revising the List.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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