Stopping Slavery at the Border: The Arc and Trajectory of U.S. Customs Forced Labor Enforcement (Session 1 of 2)

In five years, the U.S. import ban on goods made with forced labor (Section 307 of the Tariff Act of 1930) has gone from forgotten relic of the interwar period to the most consequential—and least understood—human rights and supply chain sustainability law in the world.  Join us for an insightful dialogue with industry-leading experts on the state of play, how we got here, and how forced labor enforcement is likely to evolve in the coming 1 – 5 years.

Panelists:

Brenda B. Smith
Former Executive Assistant Commissioner
U.S. Customs and Border Protection

Paul C. Rosenthal
Partner, International Trade and co-chair Government Relations and Public Policy
Kelley Drye

Jennifer E. McCadney
Special Counsel, International Trade and Government Relations and Public Policy
Kelley Drye

Moderator: 

John M. Foote
Partner, International Trade and co-chair ESG Practice
Kelley Drye

Brenda Smith was the Executive Assistant Commissioner for trade at U.S. Customs and Border Protection from 2014 through 2021.  As the senior-most CBP official with exclusive responsibility for trade, Brenda is uniquely positioned to comment on the re-emergence of Section 307, how CBP’s approach to enforcement has evolved, and where enforcement is likely to lead in coming years.

Paul Rosenthal is the co-chair of Kelley Drye’s Government Relations and Public Policy practice, and has represented the worldwide chocolate and cocoa industry for several decades in connection with its efforts to eliminate the worst forms of child labor.  Paul will help situate the current focus on forced labor enforcement in historical context, and offer insight on the art of the possible with respect to government relations strategies.

Jennifer McCadney is Special Counsel in Kelley Drye’s international trade and GRPP practice groups, and a former trade counsel for the House Committee on Ways and Means, will share insights about legislative efforts to revise and enhance Section 307 in the current Congress, and ways in which the Biden administration may further refine the U.S. government approach to forced labor globally.

John Foote is a partner in the international trade practice at Kelley Drye and Warren, and co-chair of the firm’s Environmental, Social and Governance (ESG) practice.  John advises companies on how to reduce the risk of adverse law enforcement outcomes from supply chain links to forced labor, through innovative compliance solutions.