Upload
others
View
2
Download
0
Embed Size (px)
Citation preview
LEGALITY LEARNING SESSION
October 2013
WWF GFTN/TRAFFIC
COMMON LEGALITY FRAMEWORK FOR ASSESSING LEGALITY OF FORESTRY
OPERATIONS, TIMBER PROCESSING AND TRADE
Legality and the Trade Chain
Legal activity Illegal activity
ANY ILLEGAL ACTIVITY anywhere along the Trade Chain = Illegal Product at the end of the Trade Chain
Legal product Illegal product
Harvest Forest Processing Export/Import Point of sale
Legality The Problem
What is Legal?
No generally agreed definition
More focus on legality
Capacity in multi-‐stakeholder
processes
Business demand for clarity
GFTN need a common approach
Legal Framework
What is the Legal Framework?
enable governments and companies to access and understand relevant aspects of laws, regulations, administrative circulars and contractual obligations that affect forestry operations, timber processing and trade. When the Common Legality Framework is applied to a specific country, this is known as a National Legality Framework Visit the GFTN website for a guidance document and more detailed information on the Legal Framework and the countries where we have developed a National Legality Framework: http://gftn.panda.org/resources/tools/?202483/Framework-for-Assessing-Legality-of-Forestry-Operations-Timber-Processing-and-Trade
WWF-‐GFTN/TRAFFIC Legality Framework -‐ Goals
Support target countries
Provide sub-‐set of forest focused laws
Help regulators understand what is legal
Support the development of a more consistent framework
Provide a tool covering the whole supply chain
Legality Framework -‐ purpose
Goals
A broad set of principles & criteria
Indicators and guidance notes/ verifiers are based on
national legislative base
WWF-‐GFTN/TRAFFIC Common Legality Framework
Common Legality Framework
Six part process
WWF-‐GFTN/TRAFFIC Framework -‐ Development Process
Legality Framework development process
Compiling the legal base 1
Initial stakeholder consultation 2
Drafting the national framework
Preparing a common framework
More stakeholder consultation and revise national framework
Legal and audit expert review
3
4
5
6
7. Conservation regulations
8. Social regulations
9. Taxes, fees and royalties
1. Access, Use Rights and Tenure
2. Harvesting regulations
3. Transportation of logs
& wood products
4. Processing regulations
5. Import and export regulations
6. Environmental regulations
Common Legality Framework -‐ Principles
Principles
WWF-‐GFTN/TRAFFIC Framework -‐ Principles
Advice for producer and consumer
Strengthening GFTN processes
legality verification
Schemes
Certification standards
development
Capacity building for stakeholders
A tool for addressing EU, Australian and
US legislation
Common Legality
Framework As a universal framework
Common Legality Framework -‐ Use
WWF-‐GFTN/TRAFFIC Framework
1. Access, use rights and tenure
2. Harvesting regulations
3. Transportation of logs and wood products
4. Processing regulations
5. Import and export regulations
6. Environmental regulations
7. Conservation regulations
8. Social regulations
9. Taxes, fees and royalties
Common Legality Framework Due Care/Due Diligence
Possible Principles to meet requirements of Due care and Due diligence through WWF-‐GFTN/TRAFFIC Framework:
Due Care
Harvest / Forest
Processing
Shipping
Export
Import
Transport
Transport
Legality Framework and Due Care/Due Diligence
What documents should I have?
Harvest / Forest
Processing
Shipping
Export
Import
Transport
Transport
Licence Records
Removal pass Transport pass
License Management Plans Harvesting Plans Timber Removal Pass
Land use planning
Allocation of logging permit/concessions
Due Care Legality Framework and Due Care/Due Diligence
Legal verifier
Harvest / Forest
Processing
Shipping
Export
Import
Transport
Transport
Licence Records
Removal pass Transport pass
License Management Plans Harvesting Plans Timber Removal Pass Land use planning Allocation of logging permit/concessions
Example documents needed
Due Care Legality Framework and Due Care/Due Diligence
-‐ Record of demarcated boundaries -‐ Environmental impact assessments -‐ Forest management plans -‐ Records of timber products, species and quantity -‐ Quarterly reports on areas harvested -‐ Records of silvicultural treatments -‐ Records of post-‐felling inventories
-‐ Import license -‐ Customs import declaration form 1 -‐ Removal pass
-‐ License according to products and company type with FD -‐ Register with relevant agencies -‐ Record of cess paid -‐ Export license -‐ Customs export Form
-‐ Records of gazettement -‐ Records of classification -‐ Concessionaire agreements
Legal verifier
Fees
Environm
ental/C
onservation
Domestic sa
les
Due Care -‐ Guidance for Establishing Legality
This document is for educational and informational purposes only and is not intended and should not be construed as legal advice. Persons seeking legal advice on compliance with the Lacey Act or any other law, regulation, or requirement should consult with a qualified legal professional.
Due Care -‐ Guidance for Establishing Legality (Cont.)
This document is for educational and informational purposes only and is not intended and should not be construed as legal advice. Persons seeking legal advice on compliance with the Lacey Act or any other law, regulation, or requirement should consult with a qualified legal professional.
Due Care -‐ Guidance for Establishing Legality (Cont.)
This document is for educational and informational purposes only and is not intended and should not be construed as legal advice. Persons seeking legal advice on compliance with the Lacey Act or any other law, regulation, or requirement should consult with a qualified legal professional.
This document is for educational and informational purposes only and is not intended and should not be construed as legal advice. Persons seeking legal advice on compliance with the Lacey Act or any other law, regulation, or requirement should consult with a qualified legal professional.
Due Care -‐ Guidance for Establishing Legality (Cont.)
Help regulators and companies understand
what is legal Australia Act
Legality Framework practical use
Malaysia FSC national steering Committee
considering use of the Malaysian Legality Framework
as a foundation for FSC national standard setting
Namibia considering use of the Common Legality
Framework to evaluate and assess the national legislation on forestry and supply chain
Tanzania develop audit checklist for government
officials along the supply chain
Viet nam VPA legality definition development uses
the Viet Nam Legality Framework as source
reference
Practical examples