A/HRC/30/35 Office finding that Zara Brazil (part of global brand Inditex) had directive power over the supply chain34 and litigation has ensued which includes a challenge to the constitutionality of the “dirty list”. Also in Brazil, the Sao Paulo State Law to Combat Slave Labour, also known as the Bezerra Law, seeks to regulate the disclosure of slave labour.35 35. At the United States federal level, under the Trafficking Victims Protection Reauthorization Act of 2005, the Department of Labor’s Bureau of International Labour Affairs is mandated to, inter alia, create and maintain a List of Goods Produced with Child Labor or Forced Labor.36 In addition, a list of products using forced or indentured child labour is also produced by the Bureau of International Labour Affairs and intended to ensure that United States federal agencies do not procure goods made by this labour. 37 Under the Trade and Development Act of 2000,38 the Secretary of Labor is mandated to issue beneficiary country initiatives to implement their international commitments to eliminate the worst forms of child labour. These transparency initiatives primarily provide information for government procurement but also assist investors and consumers. 36. Executive Order 13627 on strengthening protections against trafficking in persons in federal contracts, issued in September 2012, targets contemporary forms of slavery in government procurement. 39 Under the Executive Order, federal contractors, subcontractors, and their employees are prohibited from engaging in misleading or fraudulent recruitment practices; charging employees recruitment fees; and destroying, concealing, confiscating or otherwise denying an employee access to their identity documents, such as passports or drivers’ licences (section 2 (1)(A)(i)–(iii)). Under the Order, contractors and subcontractors are further required to agree to fully cooperate, by contractual agreement, in providing reasonable access to enforcement agencies to conduct audits, investigations and other actions to assess compliance with the Trafficking Victims Protection Act of 2000 (section 2 (1)(B)). The Federal Acquisition Regulation 40 that needed to be updated following the Executive Order and related requirements in the Ending Trafficking in Government Contracting Act (set forth in the National Defense Authorization Act for 2013)41 entered into force in March 2015, hence it is difficult to comment on its impact in practice. 37. The United States Tariff Act of 1930 is also relevant to supply chains and goods produced using forced labour. In section 1307 of the Tariff Act, the import of goods produced with prison labour and forced labour is specifically prohibited: “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 shall not be entitled to entry at any of the ports of the United States, and the 34 35 36 37 38 39 40 41 See Repórter Brasil and SOMO, From Moral responsibility to legal liability — modern day slavery conditions in the global garment supply chain and the need to strengthen regulatory frameworks: the case of Inditex-Zara in Brazil (2015) (www.cleanclothes.org/resources/national-cccs/from-moralresponsibility-to-legal-liability). Law No. 14.946/2013, available at www.al.sp.gov.br/repositorio/legislacao/lei/2013/lei-1494628.01.2013.html. United States Department of Labor, list of goods produced with child labor or forced labor, available at www.dol.gov/ilab/reports/child-labor/list-of-goods/. Under Executive Order No. 13126 of 1999 on prohibition of acquisition of products produced by forced or indentured child labor and available at www.dol.gov/ilab/reports/child-labor/list-ofproducts/index-country.htm. Available at www.dol.gov/ilab/about/laws/pdf/20000518TDA.pdf. See www.whitehouse.gov/the-press-office/2012/09/25/executive-order-strengthening-protectionsagainst-trafficking-persons-fe. See https://www.acquisition.gov/sites/default/files/current/far/pdf/FAR.pdf. See www.gpo.gov/fdsys/pkg/BILLS-112hr4310enr/pdf/BILLS-112hr4310enr.pdf. 11