Sec. 3. Prohibition on importation of commodities produced on illegally deforested land and products made from such commodities
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The Tariff Act of 1930 is amended by inserting after section 527 ( 19 U.S.C. 1527 ) the following: It shall be unlawful for any person to import any product made wholly or in part of a covered commodity produced from land that undergoes illegal deforestation on or after the date of the enactment of the FOREST Act of 2021 . On and after the date that is one year after the date of the enactment of the FOREST Act of 2021 , and subject to paragraph (2), a person may not import a covered product unless the person files upon entry a declaration stating that the person has exercised reasonable care to assess and mitigate the risks that any covered commodity used to make the covered product was produced from land subject to illegal deforestation on or after such date of enactment.
On and after the date that is one year after an action plan applicable to a foreign country is finalized under subsection (d)(2), a person may not import a covered product containing any covered commodity produced in the country and identified in the action plan unless the person files upon entry a declaration that includes sufficient information to show— the supply chain and the point of origin of the covered commodity; and steps taken to assess and mitigate the risks that the point of origin was subject to illegal deforestation on or after the date of the enactment of the FOREST Act of 2021 ; or all possible points of origin that could have contributed to the supply chain of the covered commodity, if mixing or points of aggregation exist within the supply chain; and steps taken to assess and mitigate the risks that any possible points of origin were subject to illegal deforestation on or after such date of enactment.
In the case of a product for which an import declaration is required by this subsection and section 3(f) of the Lacey Act Amendments of 1981 ( 16 U.S.C. 3372(f) ), U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service shall coordinate to limit the administrative burden, to the extent practicable, for importers. Not later than 90 days after the date of the FOREST Act of 2021 , and as appropriate thereafter, the Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner )— shall publish guidance on what constitutes reasonable care under paragraph
(1)and sufficient information under paragraph (2), which may include guidance with respect to specific commodities, as appropriate; and may, as appropriate, issue guidance about the potential role of third-party certifications assisting importers with meeting the requirements of this section. Not later than 30 days after the date of the enactment of the FOREST Act of 2021 , the United States Trade Representative (in this section referred to as the Trade Representative ) shall publish the following: An initial list made up of the following commodities (in this section referred to as covered commodities ): Palm oil. Soybeans. Cocoa. Cattle. Rubber. Wood pulp. An initial list made up of the following products made wholly or in part of a covered commodity (in this section referred to as covered products ): Palm oil or palm oil products classifiable under any of the following headings or subheadings of the HTS: 1511 2905.17.00 3823.11.00 1513.21.00 2905.45.00 3823.12.00 1513.29.00 2915.70.01 3823.19 2306.60.00 2915.90 3823.70. Soybeans or soybean products classifiable under heading 1201 or 1507 or subheading 2304.00.00 of the HTS. Cocoa or cocoa products classifiable under heading 1803 or 1806 or subheading 1801.00.00, 1802.00.00, 1804.00.00, or 1805.00.00 of the HTS. Cattle or cattle products classifiable under any of the following headings or subheadings of the HTS: 0201 0206.21.00 1602.50 0202 0206.22.00 4104 0206.10.00 0206.29.00 4107. Rubber or rubber products classifiable under heading 4001 or 4011 of the HTS. Pulp or pulp products classifiable under any of the following headings or subheadings of the HTS: 4703 4804 4818 4801.00.01 4805 4819 4802 4810 4820 4803.00 4811 4823. Not less frequently than annually, the Trade Representative shall— review the list of covered commodities published under subparagraph
(A)of paragraph
(1)and the list of covered products published under subparagraph
(B)of that paragraph to assess whether covered commodities or covered products, as the case may be, should be added to or removed from the lists to ensure that the scope of the lists is sufficient to increasingly deter illegal deforestation and to ensure that no material amount of a commodity produced from illegally deforested land enters the United States; and publish updated lists based on that review. Any addition under subparagraph
(A)to the list of covered products under paragraph (1)(B) shall be subject to the declaration requirement under subsection
(b)on and after the date that is one year after the updated list including the addition is published. In updating the lists under paragraph
(1)as required by paragraph (2), the Trade Representative shall— consult with the Secretary of State and the Administrator of the United States Agency for International Development; and coordinate and solicit relevant information from— the interagency working group established under subsection (f); the advisory committee established under subsection (g); other Federal, State, and local agencies in the United States; and the public. Not later than 180 days after the date of the enactment of the FOREST Act of 2021 , the Trade Representative shall— identify foreign countries without adequate and effective protection against illegal deforestation caused by the production of commodities likely to enter the United States; and make available to the public— a list of the countries identified under clause (i); and data and analysis related to the considerations described in subparagraph (B). In identifying a foreign country under subparagraph (A), the Trade Representative shall consider— trends of deforestation and illegal deforestation in that country; policies and practices of the government of the country that deny adequate and effective enforcement against illegal deforestation; trends in the capacity and effectiveness of enforcement against illegal deforestation by the country; and the incidence of violence against, and other violations of the rights of, indigenous peoples, local residents, and environmental and human rights defenders in the country in connection with illegal deforestation. Not less frequently than every 2 years, the Trade Representative shall assess whether additional foreign countries should be identified under subparagraph (A). Not later than 3 years after the date of the enactment of the FOREST Act of 2021 , the Trade Representative shall finalize an action plan with respect to each foreign country identified under paragraph (1). An action plan developed under subparagraph
(A)shall be considered final for the purposes of subsection (b)(2) on the date on which the action plan is posted on a publicly accessible internet website of the Office of the United States Trade Representative. The Trade Representative shall— seek to involve each foreign country for which the Trade Representative develops an action plan under subparagraph
(A)in the development of the action plan for that foreign country; and release a draft of each action plan for public review and comment before finalizing the action plan. The Trade Representative shall design an action plan developed under subparagraph
(A)with respect to a foreign country to achieve— new laws, rules, enforcement procedures, or agreements to ensure that illegal deforestation is no longer occurring in the country; sufficient capacity to enforce relevant laws; processes to remedy or adjudicate previous illegal deforestation activities; comprehensive monitoring and data sharing related to deforestation and potential impacts to other ecosystems; transparency and accessibility of information with respect to land tenure and land-use decisions; traceability, transparency, and data sharing for commodity supply chains; and in the case of a country that is a party to the decision of the 21st Conference of Parties of the United Nations Framework Convention on Climate Change adopted in Paris December 12, 2015 (commonly known as the Paris Agreement ), the incorporation of— forest protection into the country’s nationally determined contribution under the Paris Agreement; and deforestation into the country’s greenhouse gas reporting as required by the Paris Agreement. The Trade Representative shall include in each action plan developed under subparagraph
(A)intermediate and final benchmarks described in clause
(ii)and a timeline for achieving those benchmarks. Benchmarks described in this clause may be such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary to demonstrate that the foreign country has achieved the goals described in subparagraph (D). The Trade Representative shall identify in the action plan developed under subparagraph
(A)with respect to a foreign country the specific covered commodities at risk of being produced on illegally deforested land in that country that shall be subject to the declaration requirement under subsection (b)(2). On and after the date on which an action plan released to the public under paragraph (2)(A) with respect to a foreign country has been in place for one year, if the President determines that the country has not substantially complied with the benchmarks in the action plan, the President may take appropriate action with respect to the country. A foreign country to which an action plan developed under paragraph (2)(A) applies may petition the Trade Representative to determine that the country has achieved all benchmarks in the action plan. If the Trade Representative determines under subparagraph
(A)that a foreign country to which an action plan developed under paragraph (2)(A) applies has achieved all benchmarks in the action plan, the Trade Representative shall determine whether that country, after achieving those benchmarks, provides adequate and effective protection against illegal deforestation. If the Trade Representative determines under clause
(i)that a foreign country described in that clause continues to fail to provide adequate and effective protection against illegal deforestation, the Trade Representative shall develop a new action plan under paragraph (2)(A) with respect to the country. If the Trade Representative determines under clause
(i)that a foreign country described in that clause provides adequate and effective protection against illegal deforestation, the action plan developed under paragraph (2)(A) with respect to the country shall terminate. In identifying foreign countries under paragraph (1), developing action plans under paragraph (2), and making determinations under paragraph (4), the Trade Representative shall— consult with the Secretary of State and the Administrator of the United States Agency for International Development; and coordinate and solicit relevant information from— the interagency working group established under subsection (f); the advisory committee established under subsection (g); relevant committees of Congress; other Federal, State, or local agencies in the United States; civil society, indigenous peoples, and local communities in countries that produce covered commodities and covered products; and the public. The provisions of this section and any regulations issued under this section shall be enforced, as appropriate, by the Commissioner, the Secretary of Agriculture, the Secretary of the Interior, and the Attorney General. The Administrator of the Animal and Plant Health Inspection Service, in collaboration with the heads of other Federal agencies, shall conduct random audits of importers filing declarations under subsection (b)(1) to ensure such importers are retaining the supporting documentation demonstrating reasonable care was exercised as required by that subsection. An official specified in subparagraph
(A)may enter into an agreement with any other Federal agency or any State agency or Indian Tribe under which that official may use, with or without reimbursement, the personnel, services, and facilities of the agency or Indian Tribe for the enforcement of this section and regulations issued under this section. Not later than one year after the date of the enactment of the FOREST Act of 2021 , the Commissioner shall develop a process to make information filed with a declaration required by subsection (b)(2) (other than information considered to be confidential business information) available to the public. The Commissioner shall share declarations filed under subsection
(b)and other information received by U.S. Customs and Border Protection with the Trade Representative, the Secretary of Agriculture, the Secretary of the Interior, the Attorney General, and the heads of other Federal agencies as needed to ensure effective enforcement of this section. Not later than 180 days after the date of the enactment of the FOREST Act of 2021 , the Commissioner shall establish a process for receiving information from persons outside U.S. Customs and Border Protection indicating that a covered commodity may be being imported in violation of this section. Not later than 2 years after the date of the enactment of the FOREST Act of 2021 , and annually thereafter, the Commissioner, with input from the heads of relevant Federal agencies, shall submit to Congress a report on the enforcement of this section that includes, for the year preceding submission of the report— the number of audits conducted by Federal agencies of importers of record to detect potential violations of this section; the number of instances in which information was submitted to the Commissioner under paragraph (3); the number of investigations initiated into possible violations of this section; the number of such investigations initiated based on information submitted to the Commissioner under paragraph (3); the results of cases adjudicated following such an investigation; the number of such investigations pending as of the date of the report; and an explanation of how information submitted to the Commissioner under paragraph
(3)was used to prioritize audits and other checks. There is established an interagency working group to provide advice and recommendations to the Trade Representative, the Commissioner, and the heads of other relevant Federal agencies on the implementation of this section. The interagency working group established under paragraph
(1)shall be composed of representatives of— the Department of State; the Department of Agriculture; U.S. Customs and Border Protection; the Office of the United States Trade Representative; the United States Agency for International Development; the Department of the Interior; the Department of Justice; and such other Federal agencies as the Trade Representative considers appropriate. The representative of the Office of the United States Trade Representative shall serve as the chairperson of the interagency working group established under paragraph (1). The Trade Representative shall establish an advisory committee to provide advice and recommendations to the Trade Representative and the heads of other relevant Federal agencies on the implementation of this section. The advisory committee established under paragraph
(1)shall be made up of 12 individuals— 5 of whom shall be representatives of institutions of higher education or nongovernmental organizations with expertise relevant to international deforestation, associated human rights abuses, or trade; 5 of whom shall be representatives of industry; and 2 of whom shall be representatives of labor organizations. In this section: The term deforestation means a loss of natural forest resulting from the whole or partial conversion of natural forest to— agricultural use or another non-forest land use; or a tree plantation. The term HTS means the Harmonized Tariff Schedule of the United States. The term illegal deforestation means deforestation conducted in violation of the law (or any action that has the force and effect of law) of the country in which the deforestation is occurring, including— anti-corruption laws; laws relating to land tenure rights; and laws relating to the free, prior, and informed consent of indigenous peoples and local communities. The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term natural forest means a natural arboreal ecosystem that— has a species composition a significant percentage of which is native species; and includes— a native tree canopy cover of more than 10 percent over an area of not less 0.5 hectares; or other wooded land with a combined cover of shrubs, bushes, and trees of more than 10 percent over an area of not less than 0.5 hectares. The term point of origin , with respect to a covered commodity, means the geographical location, identified by the smallest administrative unit of land possible (such as a concession, farm, ranch, property, or other type of public or private land allocation), where the covered commodity was produced. In the case of livestock, the term point of origin includes all geographic locations where that animal existed from birth to slaughter. Except as provided by subparagraph (B), the term produce means growing, harvesting, rearing, collecting, extracting, or otherwise producing a commodity. The term produce does not include refining or manufacturing. The term supply chain means the end-to-end process for getting commodities or products to the United States, beginning at the point of origin and including all points until entry into the United States, including refiners, manufacturers, suppliers, distributors, or vendors. The term wholly or in part shall have the meaning given that term in regulations. Regulations prescribed under subsection
(b)of the FOREST Act of 2021 shall define the term wholly or in part in a manner designed to limit the administrative burden on the importer of record while deterring illegal deforestation. . Not later than one year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection and the United States Trade Representative shall publish final regulations for implementing section 527A of the Tariff Act of 1930, as added by subsection (a).
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Sec. 3
Prohibition on importation of commodities produced on illegally deforested land and products made from such commodities
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