gov/legislation/bills/2021/ s8596 Policy briefing 3 What is the scope of the legislation in terms of commodity and ecosystem coverage and treatment of illegality? The FOREST Act would prohibit the import of designated products containing commodities sourced from land illegally deforested after the date of enactment. [...] Illegal deforestation is defined as “deforestation conducted in violation of the law (or any action that has the force and effect of law) of the country in which the deforestation is occurring, including (A) anti-corruption laws; (B) laws relating to land tenure rights; and (C) laws relating to the free, prior and informed consent of indigenous peoples and local communities”. [...] This list would be reviewed annually by the Office of the US Trade Representative (USTR), in consultation with other federal agencies, an advisory committee established by the bill including the private sector and civil society, and the public. [...] As a result of discussions with the US paper industry, wood pulp will likely be removed from the initial list and continue to be covered by the Lacey Act, which already prohibits the import of illegal wood products, including pulp and paper. [...] It will be important for the US government to prioritise support for producer countries and other stakeholders to help ensure smallholder farmers and organisations have technologies and resources to produce and manage the necessary data.
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