A/HRC/38/48 derived from slavery if American domestic production could not meet demand. Section 307 prohibits the importation of merchandise mined, produced or manufactured, wholly or in part, in any foreign country by forced or indentured child labour.62 89. Since 2016, U.S. Customs and Border Protection has issued four orders to seize 50 shipments of goods suspected to have been made with forced labour. There were no seizures between 2001 and 2015. On 2 August 2017, Congress passed the Countering Americas Adversaries through Sanctions Act, which contains a provision affecting the entry of merchandise with a nexus to forced labour by North Korean nationals. Since then, there have been 15 seizures of merchandise believed to have been made using North Korean forced labour.63 90. There are other examples of States linking import and export licensing and customs clearance to human rights issues. Trade in conflict minerals, illegal logging and conflict timber, and endangered species are other areas where States have acted to restrict the flow of goods that are associated with higher risks of human rights abuses. 64 Companies involved with global supply chains in relevant sectors must engage in human rights due diligence and impact assessments to comply with import and export restrictions. As such, the use of export and import controls is another useful tool that allows States to implement their duty to protect under pillar I of the Guiding Principles. V. Conclusions and recommendations A. Conclusions 91. Many States have established export and trade promotion services as part of their economic development strategies to promote export-driven growth. At the same time, trade and exports and imports of goods in global supply chains can have significant adverse human rights impacts. 92. Guiding Principle 4 of the Guiding Principles on Business and Human Rights reminds States that their duty to protect rights holders from corporate human rights abuses includes a responsibility to condition public support for trade and investment promotion, such as export credits, on corporate respect for human rights. In addition to export credits, there are a range of additional services that States provide to companies that desire to export, including participation in trade missions, trade advocacy, general guidance on exporting into foreign markets, embassy services in overseas markets, and training and other resources. 93. To date, very little has been done in terms of States fulfilling their obligation under Guiding Principle 4. One area where progress is being made is with respect to the training of trade and embassy personnel on the Guiding Principles. Some States are also providing toolkits and guidance to help businesses address human rights due diligence in their cross-border trade. 94. There remains much to be done in terms of States aligning their trade promotion with the Guiding Principles and promoting a race to the top. States have done more in the way of tying trade support to commitments from businesses not to engage in bribery and to act with integrity. Where States already screen companies for trade promotion or require an integrity or no-bribery pledge, such commitments should be expanded to encompass a commitment to respect human rights. 95. In the area of export credits, with the exception of a few OECD-based export credit agencies, most State-supported or public export credit agencies currently appear not to be actively using the Guiding Principles as part of their decision-making 62 63 64 18 See, for example, www.cbp.gov/trade/trade-community/programs-outreach/convict-importations. See www.cbp.gov/newsroom/blogs/tftea-two-years-and-counting. See Oli Brown and others, eds., Trade, Aid and Security: an Agenda for Peace and Development (London, Earthscan, 2007).

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