Two top congressional Democrats, Sen. Jeff Merkley, D-Ore., and Rep. Jim McGovern, D-Mass., urged players to drop endorsement deals with Chinese sportswear companies that use cotton from Xinjiang . Beginning on June 21, 2022, the UFLPA will require U.S. Customs and Border Protection (CBP) to presume that all goods from the XUAR and from entities listed pursuant to the UFLPA are made with forced labor and banned from import to the United States under Section 307 of the Tariff Act of 1930. Withhold Release Orders and Findings List, Trade Facilitation and Trade Enforcement Act, Best Practices for Applicability Reviews: Importer Responsibilities, Guidance on Executive Summaries and Sample Tables of Contents, https://www.cbp.gov/trade/forced-labor/UFLPA, Uyghur Forced Labor Prevention Act (UFLPA). LockA locked padlock The ECCHR said that the companies have been complicit "directly or indirectly" in the forced labour of members of the Muslim Uyghur minority in China's Xinjiang province. Several Apple suppliers may have used forced labor in China, according to The Information. The report accuses Amazon of continuing to work with these suppliers, despite evidence of their association with Uyghur labor camps. These categories appear likely to include additional manufacturers and intermediate supply chain participants outside of the XUAR. For the most up-to-date information on CBPs UFLPA implementation, please see our website at www.cbp.gov/trade/forced-labor/UFLPA. Since the release of the ASPIs report, numerous companies and brands have released statements regarding their connections to Uyghur forced labor, with some taking direct action to end their complicity in supply chains corrupted by modern day slavery. Click Share This Page button to display social media links. Activists have launched a campaign accusing firms of . The UFLPA includes a process for importers to show via clear and convincing evidence that an imported item from the XUAR or linked to additional listed entities was not mined, produced, or manufactured wholly or in part by forced labor. In addition to providing such evidence, Section 3(b) of the UFLPA requires (A) compliance with forthcoming guidance under Section 2(d)(6) on due diligence, effective supply chain tracing, and supply chain management measures to ensure that such importers do not import any goods mined, produced, or manufactured wholly or in part with forced labor from the Peoples Republic of China, especially from the Xinjiang Uyghur Autonomous Region; and (B) cooperation with CBP in completely and substantively answering inquiries and information requests. A lock Task Force Strategy Report and Potential for Additional Parties Subject to Prohibitions Enforcement Priorities Read the FLETF'sStrategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the Peoples Republic of China. The law places the burden of proof on companies to demonstrate that any imports mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Regionor involving entities exporting labor from Xinjiangwere not made using forced labor. These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. Working with two human rights groups, the publication identified seven companies that supplied. Share sensitive information only on official, secure websites. In any future CBP enforcement action related to such merchandise, CBP will take into consideration the fact that you have been provided this notice in determining appropriate administrative remedies. Looking for U.S. government information and services? However, each company and industry will have unique risks and therefore we may see bespoke risk assessments, supply chain ethical goals and resulting due diligence approaches. On the Red Carpet at the 2022 Met Gala . Crypto company Gemini is having some trouble with fraud, Some Pixel phones are crashing after playing a certain YouTube video. According to the researchers, Uighurs, a persecuted ethnic minority from Chinas western Xinjiang region, have been funneled to work in factories in other provinces under conditions that strongly suggest forced labour.. abercrombie & fitch, acer, adidas, alstom, amazon, apple, asus, b ai c motor, bmw, bombardier, bosch, byd, calvin klein, candy, carter's, cerruti 1881, changan automobile, cisco, crrc, As the TTP points out, Amazons supply chain standards (PDF) specifically rule out forced labor. #SaveUyghur #SaveUyghur @JFAorg, Send letter to John Donahoe, the Chief Executive Officer at Nike World Headquarters, Save Uyghur Statement on the Xinjiang Police Files and The Faces from Chinas Uyghur Detention Camp, HUMAN RIGHTS GROUP DISMAYED AT IMAMS VISIT TO CHINA, FEARING IT IS BEING USED TO FURTHER PROPAGANDA ABOUT STATE OF UYGHURS, Justice For Alls Save Uyghur Campaign Calls on Assistant Secretary Noyes to Get Uyghurs Released from Thailand, Community Alert For Uyghurs: China Relentlessly Targeting You for its Surveillance Campaign. As your company has previously imported merchandise from locations or entities potentially subject to the Act, you are being notified that subsequent entries of such merchandise may result in, among other things, suspension or removal from the Customs Trade Partnership Against Terrorism (CTPAT) program, seizure, forfeiture and/or penalties, or other appropriate action under the customs laws. In addition, CBP is subject to reporting requirements that likely will discourage easy granting of exceptions. Nov. 17, 201801:48. The UFLPA also requires the interagency Forced Labor Enforcement Task Force, chaired by the Secretary of Homeland Security, and in consultation with the Secretary of Commerce and Director of National Intelligence, to develop and submit to Congress a strategy for supporting CBPs enforcement of Section 307 of the Tariff Act of 1930 with respect to goods, wares, articles, and merchandise produced with forced labor in the Peoples Republic of China. Versace Jimmy Choo Michael Kors Chanel Costco Hanes Hermes Gucci Balenciaga Yves Saint Laurent Bottega Veneta Alexander McQueen Kate Spade, BMW General Motors Jaguar Land Rover Volkswagen, Muji Kohls Macys Nordstrom Target Tesco TJ Maxx Marshalls HomeGoods Walmart Sams Club Flipkart Bonobos Walt Disney, Acer ASUS Dell HP Huawei Lenovo LG Microsoft Oppo Samsung Sony Xiaomi Cisco Electrolux. I understand that in some of these poor countries it may not be clear who may be violating human rights in some way but there should be minimum due diligence standards. Do not buy products made with the tears of modern-day Uyghur slaves. This statute expands on those earlier efforts and is likely to impact a large number of U.S. companies, non-U.S. companies engaged in manufacturing or distribution in the United States, and other importers. A .gov website belongs to an official government organization in the United States. The Chinese government forcibly relocates Uyghur men and women away from their homes and existing jobs to cotton fields. (See here.) , which revealed a vast network of companies complicit in the use of Uyghur forced labor throughout China. Additional license requirements apply to exports, re-exports, and transfers (in-country) of items subject to the EAR to listed entities, and the availability of most license exceptions is limited. An April 2021 report co-authored by Human Rights Watch and Stanford Law School details "crimes against humanity," including mass detention, forced labor, torture, and cultural and religious erasure. In March 2020, the Australian Strategic Policy Institute (ASPI) published a report titled Uyghurs For Sale, which revealed a vast network of companies complicit in the use of Uyghur forced labor throughout China. The estimated figure is conservative and the actual figure is likely to be far higher., In factories far away from home, they typically live in segregated dormitories, undergo organised Mandarin and ideological training outside working hours, are subject to constant surveillance, and are forbidden from participating in religious observances, the report summary continued. Pillsbury Winthrop Shaw Pittman LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Share sensitive information only on official, secure websites. Many consumers are now boycotting Primark, but the brand is still expanding. 1307, CBP is authorized to issue WROs to ban imports on goods and merchandise produced wholly or in part from forced or indentured labor, including child labor or convict labor. The TTP pinpoints five companies on Amazons supplier list (available as a CSV file in the small print below the pages supply chain map) that have been publicly denounced for being directly or indirectly connected to the forced labor of Chinas Uyghur population in the Xinjiang region. Companies will need to comply with the law 180 days after its December 23, 2021 enactment. This enhanced enforcement already is underway. Senior China researcher explains why viewers should "stay away" from the 2022 Winter Olympics. Secure .gov websites use HTTPS Including the rule announced today, these actions have added 53 parties specifically implicated in human rights abuses of ethnic minorities from Xinjiang, and 15 of these which were implicated in human rights abuses related to forced labor of ethnic minorities from Xinjiang. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. They added: The tainted global supply chain that results from these practices means that it is now difficult to guarantee that products manufactured in China are free from forced labour., This is a BETA experience. These workers were . A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. Section 307 of the Tariff Act of 1930 currently prohibits the importation of all goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part in any foreign country by forced labor. Under 19 U.S.C. The Biden administration has been vocal about human rights in China and other jurisdictions, and efforts to enforce supply chain ethics appear to have bipartisan support. As you are likely aware, Congress recently passed, and the President signed into law, the Uyghur Forced Labor Prevention Act (the Act). The Tech Transparency Projectsaid a glass supplier was using forced labor in December; Apple said it had seen no evidence of forced labor. That timeline will be exacerbated by the expected announcement of additional prohibited companies on June 21, and the potential delay until that day of guidance from CBP on standards to demonstrate that imports are not connected to forced labor. The 83 foreign and Chinese companies that ASPI has identified as directly or indirectly benefiting from the potentially abusive transfer programs for Uighurs include clothing brands such as Adidas, Gap, Tommy Hilfiger and Uniqlo; carmakers such as BMW, General Motors, Jaguar and Mercedes Benz; and tech giants such as Apple, Google, Huawei and Microsoft. Thereport listedpopular clothing companies Abercrombie & Fitch, Adidas, Gap, Calvin Klein, H&M, L.L.Bean, Lacoste,Nike, The North Face, Polo Ralph Lauren, Puma, Skechers, Tommy Hilfiger, Zara, and Victorias Secret, as well as General Motors, Goertek, Land Rover, Mercedes-Benz, Volkswagon, and more. Companies doing business in China, especially those with supply chain touchpoints in Xinjiang, should consider how the new law will affect them. The level of evidence remains to be clarified by CBP. The Washington Postreported Tuesdaythat Apple supplier Lens Technology uses Uighur workers in its factories, according to documents obtained by the Tech Transparency Project. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. Companies Prepare for the Uyghur Forced Labor Prevention Act (UFLPA) Stephan Becker, Benjamin Cote, Aaron Hutman, Moushami Joshi, Toochi Ngwangwa Pillsbury Winthrop Shaw Pittman LLP + Follow. Dont accept innocent lives being taken from us., Nike has a long history of standing against bigotry, hatred and inequality in all forms, a Nike spokeswoman said in a May statement. Please note that this notice may serve as an aggravating factor should CBP take enforcement action upon determining future violations of the Act. (See here.) July 21, 2022 July 20, 2022 RealClearWire. Specifically, this will include: (i) a list of entities in the Xinjiang Uyghur Autonomous Region that mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor; (ii) a list of entities working with the government of the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region; (iv) a list of entities that exported products described in clause (iii) from the Peoples Republic of China into the United States [being products mined, produced, or manufactured wholly or in part by entities on the list required by clause (i) or (ii)]; (v) a list of facilities and entities that source material from the Xinjiang Uyghur Autonomous Region or from persons working with the government of the Xinjiang Uyghur Autonomous Region or the Xinjiang Production and Construction Corps for purposes of government labor scheme that uses forced labor. Apr 9, 2022. 2023 Vox Media, LLC. It is a deep concern that I have learned Nike is a recipient of Chinese products manufactured using enslaved labor by forced transfer of Uyghur workers from East Turkestan (Xinjiang) to labor camps in different parts of the country. Several major companies have reportedly fought efforts to end the practice of forced labor specifically the Uyghur Forced Labor Prevention Act, which passed the House by a vote of 403-6 in September. Any violation of our policies has immediate consequences, including possible business termination. For othersparticularly complex products with long, disparate supply chainsupgrading supply chain due diligence may require investment and management attention, as the companies may not previously have had a commercial need to track the sources of every upstream component and material. This report must include both the goods and the evidence considered. Almost all global clothing brands are implicated in the use of cotton sourced from Chinese-occupied East Turkestan (Xinjiang) as well. Apple . An official website of the U.S. Department of Homeland Security. Fila LL Bean Hugo Boss Lacoste Li-Ning The North Face Skechers Tommy Hilfiger Victoria's Secret Zara Zegna Anta Jansport Clothing Brands Versace Jimmy Choo Michael Kors Chanel Costco Hanes Hermes Gucci Balenciaga Yves Saint Laurent BuzzFeed News reported finding more than 100 detention facilities located beside factories. To directly support Save Uyghurs campaign to safeguard fundamental human rights, donate to our cause now. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. Coca-Cola, Nike, Apple, and other corporationsfought to weakenthe bills language, theNew York Timesreported in late November, arguing that the bill would harm the supply chains they rely on in China. An official website of the United States government. Chinas population of Uyghurs, the countrys Muslim ethnic minority, is largely concentrated in the Xinjiang region of China. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. . As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. We will continue doing all we can to protect workers and ensure they are treated with dignity and respect, the spokesperson said. Share this article with your friends, and let them know which companies to avoid as well. WASHINGTON Effective January 13 at all U.S. ports of entry, U.S. Customs and Border Protection (CBP) will detain cotton products and tomato products produced in China's Xinjiang Uyghur Autonomous Region. Forced labor has been a central part of China's campaign against the Uighurs for as long as I can remember. In the last fiscal year, 835 companies were found . Major solar companies including GCL-Poly, East Hope Group, Daqo New Energy, Xinte Energy and Jinko Solar are named in the report as bearing signs of using some forced labor, according to. We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. Between January 22, 2022, and June 21, 2022, the Forced Labor Enforcement Task Force established under the U.S.-Mexico-Canada Agreement Implementation Act, in consultation with the Secretary of Commerce and the Director of National Intelligence, will undertake a process that will result in a strategy for supporting enforcement of Section 307 of the Tariff Act of 1930 (19 U.S.C. These parties can include companies outside of the XUAR. Save my name, email, and website in this browser for the next time I comment. The UFLPA Entity List can be found in the Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People's Republic of China and the Federal Register Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List. Amazon suppliers must not use forced labor slave, prison, indentured, bonded, or otherwise, its standards read. Although journalists have in the pastlinked Western companies to forced Uighur labor, this is the first time the problem is made apparent on such a large scale, enveloping factories and supply chains across the country. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. Check the documents below for UFLPA Applicability Review best practices, as well as guidance on executive summaries and sample tables of contents for Applicability Review submissions. For further inquiries, please contact the UFLPA Entity List Team
[email protected]. Entities identified in sections (i) and (ii) above may serve as both manufactures and exporters. Zara and Uniqlo owners face investigation over profiting from alleged Uyghur forced labor in China BY Angelina Rascouet, Geraldine Amiel and Bloomberg July 2, 2021, 10:14 AM UTC Leading fashion. In 2022, legal developments look to focus the attention of the business community on ethics in the supply chain and introduce new due diligence and compliance challenges. Hefei Bitland Information Technology Co. Ltd. Hoshine Silicon Industry (Shanshan) Co., Ltd., and Subsidiaries. Please note that if you do not receive a letter from CBP, this does not mean that your supply chain is free of forced labor. Lenovo also pointed to a 2018 audit by the Reliable Business Alliance in which OFILM scored very well. report from the Tech Transparency Project, including internment camps, constant surveillance, mass sterilization, and forced labor, Tesla faced criticism for opening a showroom in the Xinjiang region, Mark Zuckerberg says Meta now has a team building AI tools and personas, Whoops! Primark is an Irish fast-fashion retailer with headquarters in Dublin, also operating in the United States. As for population statistics, China lists Xinjiang's population at 24.5 million, including 12 million Uyghurs and 11 million Chinese as well as one million Kazakhs, Kyrgyz, Huai, and other ethnic. Following a public comment period, the Forced Labor Enforcement Task Force will describe how companies can adequately demonstrate that their imports originating from China are not made with forced labor. In a spring 2020 report report titledUyghurs For Sale, the Australian Strategic Policy Institute found that at least 83 popular, household-name brands are potentially directly or indirectly benefiting from the use of Uyghur workers outside Xinjiang through abusive labour transfer programs as recently as 2019.. I was born in a re-education camp at the height of China's infamous Cultural Revolution.