China, the world’s largest timber importer, issued a new draft of its first Forest Law update in 20 years that adds a prohibition on buying illegally sourced timber. It will be effective on 01 July 2020. Issues around enforcement, such as the burden of proof being on government departments, traders being out of scope, and low penalties, remain.
Please find more details about the law here. (EH&CH)
P.S. Recently, we attended an APEC region workshop hosted by APEC Expert Group on Illegal Logging and Associated Trade (EGILAT) in Malaysia on forest law governance. This table captures the major and emerging forest law regulations in the region.

The EU and Vietnam conclude negotiations on a Voluntary Partnership Agreement (VPA) on Forest Law Enforcement, Governance and Trade (FLEGT). The agreement will help improve forest governance, address illegal logging and promote trade in verified legal timber products from Vietnam to the EU, and other markets.

A new report titled ‘Logging Concessions Enable Illegal Logging Crisis in the Peruvian Amazon’ has found that the Peruvian Forest Law is being exploited for illegal purposes. Loggers are required to declare which individual, GPS-referenced trees will be cut in a one or five year period. As a result many have invented the existence of trees, they then log in other areas and claim trees came from inside their concessions and use the paperwork from these concessions to “prove” it. In over half the cases violations have related to CITES-listed cedar species. Nearly 70% of the concessions inspected have been suspected of “major violations”. This follows what was supposed to be a strengthening of the law through a trade agreement between Peru and the United States in 2009. The report’s authors say the root of the problem is that the authorities only check the regulatory documents in transport or at port arrival well after the logging has taken place. The Environmental Investigation Agency (EIA) has previously been highly critical of Peruvian logging practices highlighting the abuse of migrant workers and strategies designed to confuse the authorities in order to cover up illegal logging.

New checks on Indonesian timber are being introduced by the EU to curb illegal logging. The EU is Indonesia’s biggest export market for timber, with Germany, the UK, France and Italy among the major importers.
From now on, only Indonesian timber compliant with the EU’s verification system, called Forest Law Enforcement Governance (FLEGT) will be imported into the EU. The European Commission says the Voluntary Partnership Agreement (VPA) with Indonesia commits both sides to only trade in verified legal timber products.

The Indonesian Forest Ministry has defended the new Law on Preventing and Eradicating Forest Destruction which passed early in July. Critics point out that the new law does not mention forest fires, cuts the prescribed punishments for certain forestry crimes, and excludes mention of the protection of indigenous groups with ancestral claims and the regulation of forest boundaries. In response, proponents of the law say that it will target large-scale operators and bureaucrats who fail to uphold the law, in addition to introducing harsher deterrence methods and allowing for better coordination between law enforcement agencies.

The Malaysian Government has launched MYTLAS to verify the legality of Malaysian wood products. The country is currently negotiating a Voluntary Partnership Agreement (VPA) with the EU under the Forest Law Enforcement, Governance and Trade Programme (FLEGT). It appears likely that Peninsular Malaysia and the state of Sabah will conclude a VPA with the EU separately from the state of Sarawak which will make arrangements to participate in the VPA later. Sarawak has been at the centre of allegations of primary rainforest clearance and the Chief Minister has been accused by the NGO Bruno Manser Fund of money-laundering profits from forest clearance in Switzerland. There are concerns that a partial VPA would undermine FLEGT by setting a precedent whereby countries can sell legal timber into the EU while continuing deforestation in certain regions.

Brazil’s President has signed the new Forest Code into law. The Code dictates how much of their forest farmers and companies must leave intact. However, critics counter that it reduces the actual amount of forest preserved by extending the scope to river margins and steep hillsides. To comply with the Code some landowners who have previously cleared land in excess of the new limits will have to reforest an area of land totalling the size of Italy. Whether enforcement will be effective and successful is open to question. The main tool to support compliance will be a registry to which landowners must detail their compliance with the Code to remain eligible for state credit and support. The farm lobby says it may challenge the final version of the Code in court.

Brazilian President Dilma Rousseff has vetoed some key parts of the proposed Forest Code. It will now be sent back to Congress for another vote before it comes into force. Prior to the President’s decision, the NGO Avaaz handed the government a petition with nearly two million signatures demanding a total veto.

Brazilian President Dilma Rousseff has vetoed some key parts of the proposed Forest Code. It will now be sent back to Congress for another vote before it comes into force. Prior to the President’s decision, the NGO Avaaz handed the government a petition with nearly two million signatures demanding a total veto.

Central African Republic and Liberia become the fifth and sixth countries to sign Voluntary Partnership Agreements (VPAs) with the EU. Under the EU Action Plan on Forest Law Enforcement, Governance and Trade (FLEGT), VPAs commit partner countries to establish systems and a licencing scheme to ensure only verified legal timber products (including pulp and paper) are exported from that country from 3rd March 2013 (globally; not just to EU member states). VPAs with Ghana and Cameroon are close to being signed and VPAs with four more countries are currently being negotiated.