As the world grapples with fundamental human rights issues, the federal government is ramping up criminal enforcement against slave labor practices and other trade law violations. Companies should heed this trend, not only for its moral force but also for the potential criminal exposure that it portends.

Recent Executive and Legislative Actions

Shortly after his inauguration, President Donald Trump issued Executive Order 13785, mandating that federal prosecutors and law enforcement make enforcement of the nation’s trade laws a “high priority.” Thereafter, in March 2018, the Trump administration released a report from the U.S. Trade Representative finding that China had engaged in unfair trade practices and began levying tariffs on Chinese imports in response. And in September 2020, the White House issued Executive Order 13953, announcing the consideration of “tariffs or quotas … against China and other non-market foreign adversaries” who are mining critical minerals that are “increasingly necessary to maintain our economic and military strength.”