Overview
This section provides the regulatory definitions for "forced or indentured child labor" and identifies the official "List of Products" governed by Executive Order 13126, establishing the criteria for prohibiting the federal acquisition of goods produced by exploited minors.
Key Rules
- Age Threshold: Forced or indentured child labor specifically applies to any person under the age of 18.
- Definition of Forced Labor: Includes any work exacted under the menace of penalty where the worker has not volunteered, or work performed under a contract that is enforceable through legal process or penalties.
- The List: The "List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor" is a formal registry published by the Department of Labor.
- Reasonable Basis: Products are added to the list when the Departments of Labor, Treasury, and State determine there is a reasonable basis to believe the goods were mined, produced, or manufactured using prohibited labor in specific countries of origin.
Practical Implications
- Compliance Monitoring: Contractors must cross-reference their supply chains against the Department of Labor’s list to determine if a formal certification regarding child labor is required for a specific solicitation.
- Risk Mitigation: The broad definition of "forced labor" (including legally enforceable contracts for minors) requires contractors to exercise due diligence beyond simply checking for physical coercion, ensuring that minor employees are not bound by predatory legal penalties.