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National Security Memorandum/NSM-11

MEMORANDUM FOR THE FOREIGN SECRETARY

THE SECRETARY OF THE MINISTRY OF FINANCE

THE DEFENSE SECRETARY

THE ATTORNEY GENERAL

THE COMMERCIAL SECRETARY

THE WORK SECRETARY

THE SECRETARY FOR DOMESTIC SECURITY

THE COMMERCIAL AGENT OF THE UNITED STATES

THE REPRESENTATIVE OF THE UNITED STATES

FROM AMERICA TO THE UNITED NATIONS

THE DIRECTOR OF THE OFFICE OF SCIENCE AND

THE ADMINISTRATOR OF THE UNITED STATES AGENCY

FOR INTERNATIONAL DEVELOPMENT

SUBJECT: Fighting Illegal, Unreported, and Unregulated Content

Fishing and related labor abuse

Illegal, unreported and unregulated (IUU) fishing and associated harmful fishing practices are among the greatest threats to ocean health and are major drivers of global overfishing, contributing to the collapse or decline of fisheries critical to economic growth, food systems and more , the and ecosystems of numerous countries around the world. Deep-sea fishing vessels fishing on an industrial scale on the high seas and in waters under the jurisdiction of other states can engage in significant IUU fishing and associated harmful fishing practices. IUU fishing often involves forced labour, a form of human trafficking and other crimes and human rights abuses. Left unchecked, IUU fishing and associated labor abuses undermine US economic competitiveness, national security, the sustainability of fisheries, and the livelihoods and human rights of fishermen around the world, and will exacerbate the environmental and socioeconomic impacts of climate change.

Section 1. Policy. It is my government’s policy to address the problem of IUU fishing, including by deep-sea fishing vessels, and related labor abuse, including the use of forced labor in the seafood supply chain. I hereby direct law enforcement departments and agencies (agencies) to work toward the cessation of forced labor and other crimes or abuses in IUU fishing; promoting sustainable use of the oceans in partnership with other nations and the private sector; and to advance foreign and trade policies that benefit US fish workers. No nation, government agency or non-governmental organization can act alone to combat IUU fishing and related labor abuse. I therefore direct authorities to increase coordination among themselves and with various stakeholders – public and private, foreign and domestic – to comprehensively address these challenges. With this memorandum, I direct agencies to use the full spectrum of existing conservation, labor, trade, economic, diplomatic, law enforcement, and national security agencies to address these challenges. Where appropriate, activities will be conducted by or in coordination with the Interagency Working Group on IUU Fishing established under Section 3551 of the Maritime Security and Fisheries Enforcement (SAFE) Act (16 U.S.C. 8031), the Forced Labor Enforcement Task Force established under Section 3551 Section 741 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4681) and, where appropriate, the Presidential Interagency Task Force to Monitor and Combat Trafficking in Persons established pursuant to Section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103).

Sec. 2. Forced labor in the fishing industry. The United States is committed to promoting labor rights and human rights and fundamental freedoms through worker-centric trade policies and to working to eliminate abusive labor practices, particularly forced labor, in supply chains. Authorities are improving inter-agency coordination and the use of existing tools and agencies to address the forced labor challenge in the seafood supply chain.

(a) The United States Trade Representative (USTR), in coordination with the Secretary of State, Secretary of Labor, Secretary of Commerce through the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and other relevant agencies shall:

(i) Continue to participate in World Trade Organization negotiations on fisheries subsidies to achieve additional disciplines banning fisheries subsidies that contribute to overcapacity and overfishing and to provide additional transparency regarding IUU fishing and the use of forced labor on fishing vessels reach;

(ii) in coordination with the Department of Labor, work with trading partners, including Free Trade Agreement partners and beneficiaries of preferential programs, to address forced labor and other abusive labor practices in the fisheries; and

(iii) Seek cooperation with Mexico and Canada under the United States-Mexico-Canada Agreement to Prohibit the Importation of Goods, including Seafood, Produced in Whole or Part by Forced Labor.

(b) The Secretary of State, Secretary of Labor, USTR and Administrator of the United States Agency for International Development (USAID), in coordination with the Administrator of NOAA and other relevant agencies, will continue to highlight links between IUU fishing and forced labor, and other abusive labor practices, with Focus on deep sea fishing and vessels using flags of convenience to continue unsustainable fishing practices. These agency leaders tailor the mix of U.S. government messaging and nurturing of non-governmental voices for maximum impact, and develop themes and narratives that resonate with audiences such as foreign governments, the private sector, and global and U.S. consumers.

(c) The Secretary of Homeland Security is represented by the Commissioner of U.S. Customs and Border Protection (CBP) and in coordination with the Administrator of NOAA:

(i) Investigate fishing vessels and operators suspected of using forced labor to harvest seafood and issue clearance orders as appropriate;

(ii) share evidence with allies and partners, at the discretion of relevant CBP officials, to facilitate parallel customs enforcement activities, as appropriate;

(iii) investigate prospective civil criminal proceedings against importers in relation to previously issued fishing vessel clearance orders, as appropriate;

(iv) Establish the Forced Labor Enforcement Task Force, in coordination with other competent authorities, to oversee enforcement of the United States prohibition under Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) to restrict imports of seafood harvested by forced labor prevent The United States; and

(v) Use Maritime Operational Threat Response processes to facilitate inter-agency notification, response and legal enforcement action for IUU fishing offences, including taking appropriate action where forced labor is identified.

(d) The Secretaries of State and Treasury shall, as appropriate, consider using their respective sanctions and visa restriction agencies to address IUU fishing and related labor abuse. These agency leaders may consider sharing evidence packages with allies and partners to facilitate parallel sanctions or visa restriction measures.

(e) The Secretary of Labor, in coordination with the Secretary of State and the Administrators of NOAA and USAID, will engage with financial institutions, business associations, worker representatives and seafood importers regarding forced labor in seafood supply chains, including by promoting supply chain transparency and responsible business practices. These agency leaders promote the dissemination of information about the harms of IUU fishing and associated labor abuses, to drive greater business and consumer demand for due diligence, mechanisms to certify that seafood supply chains are free of forced labor, and the cessation of finance to encourage transactions involving forced labor. These agency heads are encouraged to apply the lessons of US government policy addressing the use of forced labor in the cotton and other relevant sectors. The USAID administrator works to build regional networks between civil society organizations, unions, migrant worker networks and recruitment agencies to tackle exploitation in the fishing industry. These networks should involve workers’ representatives, including forced labor survivors, to combat labor abuse and provide legal assistance to migrant workers in the fishing industry.

(f) The Secretary of Labor uses work and development programs to provide training and technical assistance to national security agencies, including the United States Department of Defense and the United States Coast Guard, and foreign partners in addressing forced labor and other abusive labor practices on fishing vessels.

(g) The Secretary of Labor should continue to raise public awareness of labor practices in the seafood industry, including by continuing his list of goods which he has reason to believe are being produced by forced or child labor in violation of international standards.

Sec. 3. Multilateral and regional solutions that support sustainable fisheries. It is my administration’s policy to revitalize US leadership in multilateral institutions, including regional bodies. I therefore direct authorities to work with these organizations to bring global attention to the challenges posed by IUU fishing, including by deep-sea fishing vessels, and related abusive labor practices, such as the use of forced labor in seafood supply chains. My administration will use the energy and innovative strength of our international partners to design and implement solutions.

(a) The Ministers of State and Labor, USTR and Administrators of NOAA and USAID promote decent work, combat forced labor and take other action to address IUU fishing and associated harmful fishing practices at the Food and Agriculture Organization (FAO) of United Nations (UN), the International Labor Organization (ILO) and the International Maritime Organization (IMO). These agency heads work with FAO to develop guidance on social responsibility in fisheries and value chains and support ILO research on forced labor in fisheries.

(i) The Secretaries of State and Treasury Department are considering applying to Congress and donors for funding for multi-donor trust funds or regional programs at multilateral development banks to combat IUU fishing.

(ii) The Secretary of State, Attorney General, and Administrators of NOAA and USAID will raise the issue of IUU fishing at the UN Food Systems Summit, as appropriate.

(iii) The Attorney General and Administrators of NOAA and USAID assist the International Criminal Police Organization in combating conservation crimes, including those related to IUU fishing, and capacity building for fisheries managers and investigators.

(iv) The Ministers of State and Labor, USTR and Administrators of NOAA and USAID will consider specific efforts to work with G7 members to combat forced labor in the fisheries. The Secretary of State, the Administrator of NOAA and other relevant agencies are using the G7’s focus on addressing unsustainable fishing practices, as outlined in the 2030 Nature Compact, to bring attention to harmful fishing practices and continue their efforts to address harmful fishing practices.

(b) The Administrator of NOAA, in coordination with the Secretary of State and Labor, the Secretary of Homeland Security through the Commander of the United States Coast Guard and the USTR, will work with regional fisheries organizations to promote policy adoption, identification and control of the IUU fishing, including high seas embarkation inspection systems. In addition, these agency heads will collaborate on regional initiatives to combat forced labor and other harmful practices in the fishing industry, including:

(i) The Administrator of NOAA and other relevant agencies encourage transatlantic collaboration to counter the use of forced labor in seafood supply chains, including through the High-Level Fisheries Dialogue between the United States and the European Union (EU).

(ii) The foreign and defense ministers are working with their counterparts in the Quad (composed of Australia, India, Japan and the United States) to outline the implementation of a multilateral initiative, the Indo-Pacific Partnership for Maritime and facilitate Domain Awareness to raise awareness of maritime domains and maritime security in South Asia, Southeast Asia and the Pacific Islands using advanced commercial satellite data. The Administrators of NOAA and USAID, the Commander of the United States Coast Guard, and intelligence agencies will assist in these efforts as appropriate.

(iii) The Ministers of State and Labor and the Administrators of NOAA and USAID are working with the Association of Southeast Asian Nations (ASEAN) to promote the design of technical assistance programs to combat forced labor in the fisheries and to align these efforts with the to connect USA. ASEAN Action Plan.

(iv) The Secretary of State and Administrators of NOAA and USAID are working with Pacific Island nations, including through the Pacific Islands Forum, to combat IUU fishing and related human trafficking, including forced labor.

(v) The Secretary of State and Labor and the Administrator of NOAA will explore opportunities to work together in the Asia-Pacific Economic Cooperation (APEC) to engage in discussions on forced labor and other abusive practices in fisheries and to align these efforts with the APEC Roadmap link combating IUU fishing.

(vi) The Secretary of State, in cooperation with the Administrators of NOAA and USAID, will raise the issue of IUU fishing, including by deep-sea fishing vessels, and associated harmful fishing practices at all future Our Ocean conferences and meetings and working groups the Organization of American States, APEC, the African Union, relevant African sub-regional bodies and the Pacific Alliance.

(vii) The USAID Administrator works to initiate and support partnerships with multilateral institutions such as the Southeast Asian Fisheries Development Center and the Coral Triangle Initiative to combat IUU fishing.

(viii) The Secretary of State and Defense, in cooperation with the Administrator of NOAA, will explore opportunities for cooperation between the African Atlantic Basin Naval Forces and the United States Africa Command to enhance West African capabilities to detect and counter IUU fishing.

(ix) The Director of the Office of Science and Technology Policy, in cooperation with the Secretaries of State and Commerce and the Administrator of NOAA, continues to pursue opportunities for sponsorship through the High Level Panel on Sustainable Marine Economy (Ocean Panel). international cooperation to combat IUU fishing and to integrate best practices into the national sustainable ocean plans of each ocean panel country.

Sec. 4. Commitment, capacity and resilience of partners. The United States benefits from an unparalleled ability to shape global discourse and bring together government, civil society and private sector stakeholders. The United States’ track record in preserving fisheries and tackling forced labor allows it to lead by example. The United States’ robust network of alliances and partnerships and its wide array of conservation, law enforcement, commercial, business, diplomatic, labor, and other agencies and programs can be leveraged to develop innovative, cross-sectoral, and high-performing solutions. It is my government’s policy to use these benefits to address the challenge of IUU fishing, including by deep-sea fishing vessels, and associated harmful fishing practices such as forced labor in the seafood supply chain.

(a) The United States has a strong track record of providing environmental data, such as B. Data obtained from the U.S. Global Change Research Program and its participating agencies are freely available to partners and the general public. The Science and Technology Policy Office supports the Inter-Agency Policy Committee process in assessing the best available evidence on fisheries-environment interactions. This may include, for example, identifying regions that are more likely to be exposed to harmful and unsustainable fishing practices due to climate change and resulting food security threats.

(b) The Secretaries of State and Defense and the Administrator of USAID are working with partners to use all available tools to raise awareness of the maritime space to combat IUU fishing, including increased use of vessel tracking systems, aerial surveillance and Radio frequency data, as well as the use of new technologies such as advances in machine learning combined with synthetic aperture radar, where appropriate. USAID’s Administrator will continue to promote the use of communications technology to improve connectivity and safety for commercial fishing vessels and to support ethical and sustainable fishing practices.

(c) The Administrator of USAID, in coordination with the Secretary of State, Secretary of Commerce and Secretary of Labor; the USTR; the commander of the United States Coast Guard; and the Administrator of NOAA, are strengthening alliances with non-governmental organizations, think tanks, organized labor, academia, industry associations and the business community to expose and combat IUU fishing and associated labor abuse, including forced labour, in the fish sector. and to develop best practices to combat these abuses, promote sustainable fisheries, restore fish stocks and empower fisheries workers. These agency heads are expected to work with fishermen, fish processors, dockers and relevant unions to seek input on the real-world impact of IUU fishing and abusive labor practices. The USAID Administrator and other relevant agencies use development and technical assistance programs, as appropriate, to combat corruption in systems of governance; support for judicial reform and public finance management; and build capacity for journalists, trade unions and civil society to raise awareness of IUU fishing.

(d) The Secretary of State, in coordination with the Secretary of Treasury, Defense and Homeland Security; the USTR; the Administrators of NOAA and USAID; the commander of the United States Coast Guard; the United States Mission to the European Union; and other heads of departments and agencies, as appropriate, work with the EU, Japan, other G7 members and other partner countries, jointly or individually, to take action against harmful fishing practices in West Africa, Latin America and the Indo-Pacific. These heads of departments and agencies must:

(i) Identify and, where appropriate, seek resources for technical skills training in coastal Africa, including ship inspections, ship maintenance and oversight of maritime governance programs;

(ii) Develop networks and information-sharing arrangements with partner countries to create a common maritime operational picture to improve regional awareness of maritime areas and combat IUU fishing in the South Atlantic, Oceania, Indo-Pacific, Eastern Pacific and West Africa;

(iii) Exploring opportunities to integrate IUU fishing provisions into existing and new bilateral maritime law enforcement agreements with partner countries, including in Latin America, the Caribbean and Africa; and

(iv) Use all available intelligence capabilities to identify and interdict, as appropriate, vessels engaged in or engaged in IUU fishing, particularly those operating in the exclusive economic zones of nations with which the United States has bilateral treaties under the law of the sea.

(e) The Administrator of NOAA, in cooperation with the Secretary of State and the Commander of the United States Coast Guard, shall promote the adoption of the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing and provide implementation assistance as appropriate, including Training and capacity building as required by the Maritime SAFE Act. The USAID Administrator is designed to provide strategic support to interagency partners to strengthen port state action programs in individual states.

(f) The administrator of NOAA will seek resources, as appropriate, to deploy fisheries control representatives to posts to support regional efforts to combat IUU fishing and to build capacity for monitoring, control and surveillance to reduce IUU fishing and related harmful fishing practices. like forced labour.

(i) The Administrator of NOAA, in cooperation with the Secretary of State and the Commander of the United States Coast Guard, is working to improve coordination of maritime law enforcement in partner countries to address IUU fishing, related abusive labor practices and the trade in protected fish Sea animals.

(ii) The Secretary of Defense shall utilize maritime security initiatives, as appropriate, to enhance the maritime detection capabilities of eligible countries within their exclusive economic zones, increase awareness of maritime domains in the Indo-Pacific and Africa, and develop a common operational picture for the region and information exchange.

(g) The Secretary of State and Administrators of NOAA and USAID will seek to assist developing countries in establishing and enforcing marine protected areas to promote conservation of fish species and sustainable coastal management.

(h) The Secretary of State, Administrators of NOAA and USAID, and other relevant agencies will work with partners to promote legally caught and labor-free seafood supply chains as the preferred option and to highlight their benefits.

Sec. 5. Import markets. The United States is the world’s largest single market for seafood; More than 85 percent of the seafood Americans consume is imported. The United States has taken steps to restrict the market for products from IUU fishing and forced labor, but further action is needed. It is my administration’s policy to combat abuses and strengthen incentives for ethical behavior in the global seafood industry, including by limiting the market for products derived from IUU fishing, forced labor or other abusive labor practices. Authorities should look for ways to leverage the United States’ large seafood import market to advance these goals and unify the public message condemning IUU fishing. Wherever possible, authorities should seek ways to coordinate international messages condemning IUU fishing with like-minded partners. The United States, EU and Japan together account for about 55 percent of the global fish market and offer an opportunity to work with democratic market economies to develop stronger signals for the global fish market.

(a) By the end of 2022, the Administrator of NOAA will initiate rulemaking to expand the Seafood Import Monitoring Program (SIMP) to include additional species and groups of species, as appropriate. NOAA will continue to seek resources and technological tools to improve the effectiveness of SIMP and other efforts to combat IUU fishing. NOAA continues its ongoing efforts to conduct risk-based assessments of SIMP species and groups of species, and continually expand the program’s coverage as appropriate, in order to most effectively meet the goals of combating IUU fishing and seafood fraud.

(b) The Administrator of NOAA, the CBP Commissioner and other relevant agencies are working to use existing and emerging technologies to detect IUU fishing and prevent or prevent illegal marine animal imports from entering US markets.

(c) The Ministers of State and Labor, USTR, Administrator of NOAA, Commissioner of CBP and other relevant agencies are exploring opportunities to use existing trade instruments and agencies to eliminate forced labor in the seafood supply chain and IUU fishing generally such as through the application of countervailing duties, action under Section 301 of the Trade Act of 1974 (19 U.S.C. 2411), import declarations, certification under the Pelly Amendment to the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978 ), and due diligence requirements. These agency leaders work to develop new tools and agencies to fill gaps, and work with partners to take parallel actions.

(d) The Ministers of State and Labor and the Administrator of NOAA are working to build on existing dialogues and collaborative mechanisms with allies, partners and international organizations to develop joint or complementary approaches to addressing forced labor in the global seafood industry.

(e) The USAID Administrator convenes leaders from industry, civil society and government to develop recommendations to improve the flow of information that will provide meaningful deterrence, accountability and remedies for illegal wild fisheries labor and harvesting practices.

Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the power delegated by law to an executive department or agency or their heads; or

(ii) the functions of the Director of the Office of Management and Budget in relation to budgetary, administrative or legislative proposals.

(b) This Memorandum will be implemented in accordance with applicable law and subject to the availability of funds.

(c) This Memorandum is not intended to, and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its department, agency or body, its officers or employees, or agents, or any other person.

JOSEPH R BIDEN JR

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