Implementing Australia s illegal logging laws: experiences, responses and resources

Transcription

1 Implementing Australia s illegal logging laws: experiences, responses and resources Neil Garbutt Assistant Director International Forest Policy Forestry Branch

2 Australia s illegal logging laws Two key elements: Illegal Logging Prohibition Act 2012 (the Act) Commenced in November Establishes broader legal framework. Prohibition intentional, knowingly or recklessly. Illegal Logging Prohibition Regulation 2012 (the Regulation) Commenced on 30 November Establishes our due diligence requirements. Need to assess/manage risk of timber being illegally harvested. End goal products of little or no risk of being illegally logged are imported or processed within Australia. encourage more robust supply chains. Australian Government Department of Agriculture & Water Resources Implementing Australia s Illegal Logging Laws 19 August

3 Who and what is regulated? The Act covers anyone dealing with timber or wood-based products. Two groups are required to carry out due diligence: Processors of domestically grown raw logs Importers of certain regulated timber products. Regulated timber products (defined by their tariff codes): Chapter 44 wood and articles of wood Chapter 47 pulp Chapter 48 paper and paperboard Chapter 94 furniture. Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

4 What is regulated? Chapter 44 Sawnwood, veneers, particleboard, fibreboard, densified wood, casks, barrels, parquetry, doors, windows, joinery. Chapter 48 Newsprint, writing paper, sanitary products, labels, stickers, UHT containers, copy paper, paperboard, cigarette paper, envelopes, cards, cartons, boxes, etc Chapter 47 Pulp for cement, for paper Chapter 94 Seats, furniture, prefabricated buildings - Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

5 Australia s laws in practice Reality of Australia s regulated timber trade: Approx. 20,000 importers trading with 30,000 suppliers. Over 200,000 individual consignments from 138 countries. Over 1 million individual product lines. Total value of regulated trade -> $AUD 7.4Bn (2016). 1% of the regulated community is responsible for 70% of trade volume. Lots of one off importers (over 50%) > compliance challenges. Suppliers represent a mix of risks. International estimates 9 to 10% of Australia s trade at risk. Several key suppliers have low CPI rankings (ie less than 50). Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

6 How are we dealing with this? (1) Integrated Cargo System (trade data) Enterprise Data Warehouse (TERADATA) SAS Visual Analytics HP Records Manager - Case Management tool Integrated data systems. Established in 2014 and draws on several established data systems. Data is updated every 24 hours via download -> real time analysis. Allows for detailed analysis of import data -> can query, develop profiles, target key areas of perceived risk, etc. Use SAS tools to data mine and identify areas for possible intervention. Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

7 How are we dealing with this? (2) Development of Country Specific Guidelines (CSGs). Assist our importers to better understand our suppliers frameworks. Explains what importers can obtain to show the products are low risk. Meant to be used in conjunction with other supporting evidence. Dual benefits: Helps our importers understand what is available/relevant documents. Helps us undertake our compliance assessments and investigations. Negotiated with key supplier governments. Completed 8 to date: Indonesia, Malaysia, New Zealand, Canada, Solomon Islands, Papua New Guinea, Finland, Italy + negotiating other CSGs. Can be found at: Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

8 How are we dealing with this? (3) Enforcement networks and information sharing. Recognise importance role that information/intelligence plays. Developing relationships via a range of international fora. The Timber Regulation Enforcement Exchange (TREE). APEC s Expert Group on Illegal Logging and Associated Trade (EGILAT). Interpol s Project Leaf and Forestry Crime Group. Relationships with non-governmental organisations (NGOs). Continue to monitor broader developments and reports. NGOs illegal logging reports. Chatham House reports. Sharing of information via law enforcement agencies. All of this shapes how we target our compliance efforts. Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

9 Compliance Approach (1) Started compliance assessments in March Assessed top 500 importers, representing 80% of our regulated trade. Covered many different types of products -> mix of low and high risks. Utilised soft-start approach -> no sanctions for inadvertent non-compliance. Early days -> industry still getting used to the due diligence requirements. Approximately 41% compliant and 59% non-compliant. Limited awareness of requirements and not sure how to comply. Problems with assuming that certified suppliers only sell certified product. A lot of businesses took documents at face value and didn t look further. Future focus: Continue to develop understanding of what is likely to be high risk. Mining import data/gathering intelligence -> fostering relationships. Shift in targeting -> now focusing on higher risk product. Less assessments, but better targeted and more informed. Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

10 Compliance Approach (2) Key compliance documents: Illegal Logging Compliance Statement Illegal Logging Compliance Plan Report on 2015/16 importer compliance assessments Australian Government Department of Agriculture & Water Resources Implementing Australia s illegal logging laws 19 August

11 Thank you