CTPAT Should Eliminate 'Burdensome' Supply Chain Mapping for Forced Labor Requirements

CBP should not require “comprehensive supply chain mapping” as part of its requirements for the Customs-Trade Partnership Against Terrorism forced labor component, and should update the requirements so that mapping is done via a risk-based approach, said Kerry Novak, who sits on the Commercial Customs Operations Advisory Committee’s Secure Trade Lanes Subcommittee, in recommendations she read at the COAC’s June 29 meeting.

“We feel strongly that a comprehensive supply chain mapping requirement would be overly cumbersome for many companies, and likely have much less return on investment than if the focus is on supply chain risk,” Novak said. The recommendations, which differ slightly from those posted on the CBP website prior to the meeting, were adopted by a voice vote.

CBP also should update its CTPAT Trade Compliance Handbook related to code of conduct training so that it clearly defines the acceptable types of business partner training to “demonstrate compliance and ensure enforcement consistency across CBP port staff, national account managers and the Centers of Excellence and Expertise,” the subcommittee said in its recommendations. A mission statement requirement is duplicative, and should be folded into the code of conduct requirement, it said.

CBP also should update the handbook’s section on the business partner code of conduct to remove a requirement that partners “incorporate the same Code of Conduct as their CTPAT Trade Compliance member,” the recommendations said. “Business partners should be permitted to develop their own Code of Conduct to meet the forced labor requirements so long as the Code of Conduct clearly demonstrates that the business partner understands the forced labor requirements.”

Finally, CBP should provide “documented implementation guidance and training” on the finalized forced labor CTPAT Trade Compliance minimum requirements “to ensure understanding and consistent interpretation” among importers and CBP, the recommendations said. “The guidance and training materials should be made publicly available for future reference and review by participants in the CTPAT Trade Compliance Program and those considering applying,” the COAC said.