Tackling forced labour requires a whole-system approach of which the border is a part. Any approach would need to define the scale and scope of the activity alongside any potential legislative and resourcing requirements. JCHR Recommendation 15 15. To aid enforcement, the UK’s import ban should include a rebuttable presumption that goods linked to regions where the UK Government considers state-imposed forced labour is imposed are linked to forced labour until proven otherwise. (Paragraph 155) Government Response The rebuttable presumption model is one of multiple mechanisms used by international partners to enforce forced labour import bans. We will continue to assess and evaluate the effectiveness of existing measures, including data-driven and risk-based approaches as well as where the burden of proof may sit. JCHR Recommendation 16 16. The UK’s import ban should establish or designate a responsible body to oversee the implementation of the import ban by facilitating data sharing and co-ordinating activity between different law enforcement agencies. Such a body must be provided with adequate powers and resources to fulfil this function. (Paragraph 156) Government Response The Government agrees that effective coordination is integral to tackling forced labour in supply chains. Decisions regarding oversight and enforcement of actions to tackle forced labour in supply chains will be made in light of ongoing policy development and resource considerations. We remain committed to ensuring that any future arrangements are coherent, efficient, and capable of delivering meaningful impact. JCHR Recommendation 17 17. The NCA and Border Force should use the existing powers under POCA to prevent goods linked to forced labour being sold in the UK and to seize assets linked to forced labour. (Paragraph 179) Government Response POCA provides law enforcement agencies with a powerful range of powers to seize cash and assets from individuals profiting from criminal activity. Government cannot direct how the POCA powers are used by law enforcement and independent operational decisions are a matter for the NCA. Criminal investigations and prosecutions are dealt with on a case-by-case basis by the relevant agencies. 10 Impacts of labour rights clauses in trade agreements JCHR Recommendation 18 18. The Government should make it an explicit policy to include provisions concerning forced labour in future trade deals. (Paragraph 201) Government Response The Government recognises that free trade agreements are an important tool to help prevent, identify and eliminate forced labour in global supply chains. The UK will continue to pursue the inclusion of forced labour provisions in our free trade agreements. The UK has specific articles on forced labour in its FTAs with Australia, New Zealand and in the CPTPP. In the UK-NZ FTA, for instance, both parties commit to tackling forced labour within supply chains; and in the recently signed UK-India FTA both countries agreed to provisions to discourage forced and compulsory labour. FTAs are however just one of the UK’s tools for addressing forced labour in supply chains. The Developing Countries Trading Scheme allows for the suspension of preferential trading agreements on grounds of serious violation of labour rights, and UK Export Finance reviews social, and human rights risk factors for transactions in scope of their policy. Work also continues in the multilateral space to support the eradication of forced labour in global supply chains, in line with Sustainable Development Goal 8.7 11 Free Trade Agreement Impact Assessments JCHR Recommendation 19 19. The UK should carry out effective impact assessments before entering trade negotiations with other nations. These assessments should include analysis of how enhanced trading arrangements with the UK will impact the use of forced labour in the contracting state, and whether an agreement would be likely to increase the UK’s exposure to forced labour in supply chains. (Paragraph 204) Government Response Identifying forced labour in international supply chains is challenging due to their complexity and opacity, the lack of transparency and reliable data. There is ongoing work to examine the extent to which UK supply chains are affected by forced labour. Prior to entering negotiations with trading partners, the UK carries out scoping assessments. These provide a qualitative assessment of the ILO conventions our trading partners are signed up to. It is through the commitments in the labour chapter of a trade agreement that the UK works with trading partners to address forced labour. For example, in the recently signed UK-India FTA both countries agreed to provisions to discourage forced and compulsory labour. JCHR Recommendation 20 20. The UK should not enter trade agreements or negotiations with states that actively and knowingly participate in gross violations of human rights, such as state-imposed forced labour. (Paragraph 205) Government