Saturday, 03 September 2011
Update about Gibson Guitars and the Lacey Act
In response to the recent federal investigation of Gibson Guitar Corporation in Tennessee, the Forest Stewardship Council issued a statement to help clarify a few key points.
While the media fervor surrounding this story has made it challenging to accurately represent facts related to FSC, we want to use this venue to inform our closest stakeholders. Following are some central questions and answers:
Was the wood in question FSC certified?
No. While Gibson is a major purchaser of FSC certified wood, the wood confiscated by federal agents was not FSC certified. It was Controlled Wood, used by Gibson in the manufacture of its guitars. Controlled Wood is FSC’s chain of custody mechanism to avoid the most controversial sources including wood harvested illegally, wood extracted during natural forest conversion (deforestation), threats to high conservation values, harvest in violation of traditional or civil rights, and genetically-modified tress.
Because Controlled Wood is not subject to the rigorous forest management standards of FSC-Certified wood, FSC policies do not allow certificate holders to make public claims about Controlled Wood.
Is Controlled Wood relevant to the grounds for the recent federal investigation?
No. The recent Gibson case concerns an Indian law that requires domestic value-added manufacturing before certain wood species can be exported. FSC standards do not currently address such laws dealing with trade or use of wood after harvest.
How does FSC relate to the Lacey Act?
FSC certification is an excellent tool for Lacey compliance, but it is not the only tool needed. FSC focuses on the responsible management of forests and the tracking of certified wood through the supply chain. It does not explicitly address many of the trade or use laws along the supply chain once the wood has left the forest.
The Lacey Act requires “Due Care,” a legal term that is determined through case law and standards in an industry. Since the investigation into Gibson’s activities is the first enforcement of the newly revised Lacey Act, there is no case law established. Thus the definition of “Due Care” is not fully known.
What is the Lacey Act and how has it recently changed?
In May 2008, the U.S. government amended the Lacey Act, a law originally designed to prohibit international and interstate trade in illegal wildlife and wildlife products (e.g. ivory), to include protection for all illegally harvested plants and plant products. This includes timber, paper, and other plant-based forest products. The Lacey Act is the first legislation the U.S. government has to address illegal logging in a global context. The Lacey Act prohibits the trade, purchase, acquisition, or import of illegally sourced wood or wood that has been trading in violation of laws governing export of wood, such as a log-export ban.