Keys to Lacey Act Compliance

Keys to Lacey Act Compliance

A View from USDA-Aphis

Throughout this edition of International Wood Magazine, readers can learn more about the steps wood products suppliers take to ensure that product meets the needs of customers and also is sourced responsibly. One federal law, the U.S. Lacey Act among other things prohibits the sale of illegally cut timber in the U.S. To provide a perspective from the federal agency that oversees this law, we have invited Bob Baca, Assistant Director of Compliance and Environmental Coordination at the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service to share his views with our readers.

IWPA member companies interact with your office on Lacey Act compliance. Could you introduce International Wood Magazine readers, who may not be as familiar with USDA- APHIS and the Lacey Act, to the important work your team does to ensure companies that source wood products are complying with its requirements?

The Lacey Act, as amended in 2008, requires importers to submit a declaration at the time of importation for certain plants and plant products. USDA Animal and Plant Health Inspection Service manages the collection, analysis, and enforcement of Lacey Act declarations as part of our mission to protect the health and value of American agriculture and natural resources. We work with U.S. Customs and Border Protection in their efforts to survey businesses for compliance with the declaration requirement. We collaborate with other federal enforcement agencies on investigations by providing Lacey Act data reports and risk-based analyses of the data. Combatting the illegal harvest and trade of natural resources, which is a key component of the Lacey Act, requires the efforts of several investigating and prosecuting agencies, including the U.S. Department of Justice, U.S. Department of Homeland Security, Department of the Interior, U.S. Fish and Wildlife Service, and USDA Forest Service and APHIS, as well as collaboration with the Office of the U.S. Trade Representative, U.S. Agency for International Development, and the U.S. Department of State.

How can users of wood products like builders and makers work with their suppliers to ensure they are exercising due care?

U.S. businesses can look closely at their supply chain documents and ask their suppliers to confirm where the plant was harvested. It is also important to be aware of conservation laws in the country where the wood was harvested. The Lacey Act, as amended, makes it a crime to traffic in plants or plant products when, in the exercise of due care, the person should know that the plant or plant product was illegally taken, possessed, transported, or sold. “Due Care” is a long-standing legal principle that means the degree of care that a reasonably prudent person would take under the same or similar circumstances. Importers have discretion for how to verify the legitimacy of their supply chain and the legality of transactions.

Do you agree that education and training like that included in IWPA’s Wood Trade Compliance Training and Due Diligence Resources courses is important to making sure that companies involved in the global wood products value chain have access to the most up to date information and compliance strategies for wood sourcing laws such as the Lacey Act?

Since the Lacey Act does not define or mandate due care requirements, it puts the responsibility on the importer. Compliance training can provide reliable resources and information to U.S. businesses for making decisions on how best to verify the legitimacy of their supply chain and examine the legality of transactions. IWPA communicates regularly with APHIS and keeps up-to-date on APHIS’ rulemaking, notices, and policy.

In your view, how does responsible sourcing of wood products support the health of forests and the communities, both in the U.S. and around the world, that depend on those forests for livelihoods?

Responsible sourcing of wood products is essential to protect the world’s forests and promote fair trade. The Lacey Act amendments focus on illegal logging and harvesting of wild plants around the globe. These practices are often linked to terrorist funding, political instability, deforestation, and unlawful trade. Illegal logging and harvesting can lead to criminal activities, conflicts within indigenous populations, ozone depletion, loss of biodiversity, and lost revenues for U.S. businesses.

Where can International Wood Magazine readers go to learn more about USDA-APHIS and the work your team does?

Please visit our new and improved APHIS Lacey Act Program website (https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/SA_Lacey_Act) to learn more about which products currently require a Lacey Act declaration. If you have any questions regarding Lacey Act declaration requirements, you can send an email to: Lacey.Act.Declaration@usda.gov You can subscribe to the APHIS Stakeholder Registry (https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new) to receive updates on APHIS Lacey Act Program activities.

I know many members of our industry have signed up for your helpful APHIS Stakeholder Registry. What can readers expect when they opt-in to that system?

If you sign up for the Stakeholder Registry, you will receive email and text updates on APHIS’ Lacey Act initiatives. This includes updates on federal rulemaking and notices of policy or program changes.