In addition, CBP is subject to reporting requirements that likely will discourage easy granting of exceptions. 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! 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.. Please be aware that this is CBPs importer guidance, which provides transparency to CBPs operational approach, and not the Forced Labor Enforcement Task Forces Strategy, which will provide additional importer guidance, required by the UFLPA. A lock One such ad, claiming to be able to supply 1,000 Uighur workers aged 16 to 18 years, read: The advantages of Xinjiang workers are: semi-military style management, can withstand hardship, no loss of personnel Minimum order 100 workers!. Whenever CBP determines that an exception is appropriate, it is required to make a report to Congressional committees within 30 days. Mary Margaret Olohan is a reporter for the Daily Caller News Foundation. The Tech Transparency Projectsaid a glass supplier was using forced labor in December; Apple said it had seen no evidence of forced labor. A comprehensive listing of entities in the XUAR that use forced labor, entities that work with the XUAR government to facilitate the use of forced labor, a list of products produced by those entities, a list of entities that exported those products, a list of entities that source material from the XUAR and a plan for updating those lists. 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.. Enforcement Priorities The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. Companies in the labor transfer program are often in labor-intensive industries, so they asked: is the growing and labor-intensive P.P.E. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. The coalition has published an extensive list of brands it claims continue to source from the region, or from factories connected to the forced labour of Uighur people, including Gap, C&A,. The list of well-recognized names includes Apple, Nike, Amazon, Samsung, Zara, H&M, Microsoft, Mercedes-Benz, Uniqlo, and more. Here, they are paid at most 15 cents a day to pick cotton. Primark is an Irish fast-fashion retailer with headquarters in Dublin, also operating in the United States. , which revealed a vast network of companies complicit in the use of Uyghur forced labor throughout China. Check the below Frequently Asked Questions to see if your questions about UFLPA Enforcement may be answered here. Coca-Cola has frequently advocated against racism and discrimination in the U.S. 83 global companies and brands are directly or indirectly benefiting from the use of Uyghur forced laborers in these factories. 6256 - Uyghur Forced Labor Prevention Act, DHS Press Release on UFLPA Public Comment Period, Federal Register Notice Seeking Public Comment. This action targets these entities ability to access commodities, software, and technology subject to the Export Administration Regulations (EAR), and is part of a U.S. Government-wide effort to take strong action against Chinas ongoing campaign of repression against Muslim minority groups in the XUAR. Let the companies know youre using your power as the consumer to advocate for human rights by tagging them in social media and pushing them to address their complicity in Uyghur forced labor. Put On The Gas. 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. Uighurs placement in factories outside Xinjiang has been conducted under a central government policy known as Xinjiang Aid. Factory bosses receive cash compensations for each Uighur worker they employ. We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. 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. Questions regarding UFLPA may be submitted to UFLPAInquiry@cbp.dhs.gov. Apple lists both . Build a Morning News Brief: Easy, No Clutter, Free! A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. These parties can include companies outside of the XUAR. Those factories claim to be part of the supply chain of 83 well-known global brands., The Fair Labor Association has also written a statement calling to an end of all forced labor in East Turkestan: The Fair Labor Association (FLA) is deeply troubled by credible reports of forced labor and other violations of fundamental human rights in the Xinjiang region of China. Secure .gov websites use HTTPS Amazon complies with the laws and regulations in all jurisdictions in which it operates, and expects suppliers to adhere to our Supply Chain Standards, Amazon spokesperson Erika Reynoso said in a statement to The Verge. 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. 1307) to prevent the importation into the United States of goods mined, produced, or manufactured wholly or in part with forced labor in the Peoples Republic of China. This will involve opportunities for public comment and ultimately a report to Congressional committees by June 21, 2022 (the Task Force Strategy Report). He said Apple earlier this year ensured . They include. Six of the seven suppliers were said to participate in work programs operated by the Chinese government, The Information reports, which human rights groups describe as frequently offering cover for forced labor. / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 2023 Vox Media, LLC. A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. 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. Importers of record will have a path to overcome that rebuttable presumption by showing that the items are not mined, produced, or manufactured wholly or in part by forced labor and demonstrating other elements of compliance. These legal developments also dovetail with broader ESG and corporate responsibility trends. Looking for the presence of forced labor is part of every supplier assessment we conduct, including surprise audits, spokesman Josh Rosenstock told Apple. The enforcement strategy, and how much companies will need to do to satisfy the law, remains to be seen. 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. The report did not document factories using Uyghur labor. In June remarks, Coca-Cola CEO James Quincysaidhe was outraged, sad, frustrated, angry over the death of George Floyd and promised that the company stands with those seeking justice and equality., Nike has also spoken out against racism in the U.S., particularly in a May 2020 ad thaturged viewersFor once, dont do it. As we made clear during this months G7 summit, the United States is committed to employing all of its tools, including export controls, to ensure that global supply chains are free from the use of forced labor and technology is not misused to abuse human rights, said Secretary of Commerce Gina Raimondo. Bean, Hugo Boss and Uniqlo are now determining how to root out abuse from their supply chains a challenge given how much . Under the Uyghur Forced Labor Prevention Act, which comes into effect on June 21, President Joe Biden's administration assumes anything made even partially in Xinjiang is produced with forced . 6901 note, established a rebuttable presumption that any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the Peoples Republic of China or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) are prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. Products linked in whole or in part to these entities will be treated by CBP as having the same prohibitions as any products from the XUAR. Interagency Convening on Equitable Economic Growth, Workforce Development - Employer Practices, Commerce Department Adds Five Chinese Entities to the Entity List for Participating in Chinas Campaign of Forced Labor Against Muslims in Xinjiang. U.S. remote-control maker Universal Electronics Inc told Reuters it struck a deal with authorities in Xinjiang to transport hundreds of Uyghur workers to its plant in the southern Chinese city of . The programs target the countrys Muslim minority population, particularly Uyghurs living in Xinjiang. Opinions expressed by Forbes Contributors are their own. From Company-Specific WROs to a Broader Import Ban in the XUAR Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. 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. Xinjiang Junggar Cotton and Linen Co., Ltd. Xinjiang Production and Construction Corps (including three aliases: XPCC; Xinjiang Corps; and Bingtuan) and its subordinate and affiliated entities, Aksu Huafu Textiles Co. (including two aliases: Akesu Huafu and Aksu Huafu Dyed Melange Yarn), Hefei Bitland Information Technology Co., Ltd. (including three aliases: Anhui Hefei Baolongda Information Technology; Hefei Baolongda Information Technology Co., Ltd.; and Hefei Bitland Optoelectronic Technology Co., Ltd.), Hefei Meiling Co. Ltd. (including one alias: Hefei Meiling Group Holdings Limited), KTK Group (including three aliases: Jiangsu Jinchuang Group; Jiangsu Jinchuang Holding Group; and KTK Holding). ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. Those factories claim to be part of the supply chain of 83 well-known global brands., The Fair Labor Association has also written a statement calling to an end of all forced labor in East Turkestan: , The Fair Labor Association (FLA) is deeply troubled by credible reports of forced labor and other violations of fundamental human rights in the Xinjiang region of China. by Steve Miller . ), Chinas forced work programs have been getting more attention over the past year, with new reports speaking to the growing scope of Chinas oppressive practices in Xinjiang. Apple said it looks for forced labor as part of every assessment it conducts. 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. 2023 Vox Media, LLC. Major international clothing brands like L.L. This report must include both the goods and the evidence considered. Share sensitive information only on official, secure websites. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor. The period coincides with Chinas campaign ofmass internment of ethnic minorities in Xinjiang, which the government says is needed to root out terrorism and separatism. 1307) are not entitled to entry at any of the ports of the United States. Read the FLETF'sStrategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the Peoples Republic of China. You may opt-out by. 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. Companies will have limited time between now and June 21 to identify and manage both legal compliance and business risks. Apple, which has saidthat it is committed to donating to organizations that challenge racial injustice and mass incarceration, is not the only company to come under scrutiny for its links to slave labor. (See here.) 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. Among the required elements of the Task Force Strategy Report are lists of entities meeting the characteristics outlined at Section 2(d)(2)(B) of the UFLPA at (i), (ii), (iv) and (v). Lop County Meixin Hair Products Co., Ltd. Nanjing Synergy Textiles Co., Ltd. (including two aliases: Nanjing Xinyi Cotton Textile Printing and Dyeing; and Nanjing Xinyi Cotton Textile), No. 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. On the Red Carpet at the 2022 Met Gala . Apple, whichhas saidthat it is is committed to donating to organizations that challenge racial injustice and mass incarceration, has protested that it rigorously audits companies in its supply chain to make sure that Apples products arent derived from forced labor, saying in a statement to WaPo that Apple has zero tolerance for forced labor.. China is using the 2022 Winter Olympics to "legitimize its human rights abuses," a human rights . U.S. Customs and Border Protection (CBP) Issues Withhold Release Order (WRO): CBP has issued a WRO on silica-based products made by Hoshine Silicon Industry Co., Ltd., a company located in . One of the suppliers operated in Xinjiang, the region of China predominantly populated by Uyghurs and where the most egregious human rights violations have reportedly taken place. DHS issued a Notice Seeking Public Comments in the Federal Register on January 24, 2022 on methods to prevent the importation of goods produced using forced labor from the People's Republic of China, specifically from the Xinjiang Uyghur Autonomous Region. The entities to be added to the Entity List in connection with participating in the practice of, accepting, or utilizing forced labor involvingUyghurs and otherMuslim minority groups in the XUAR are: This Entity List rule supplements other Entity List designations in October 2019, June 2020, and July 2020. Products made with such labor will be covered by the laws rebuttable presumption, even if they are produced in other regions of China. Byler said the Chinese government's use of forced labor in the Xinjiang region has long been established, but has stepped up since 2017, when the most recent crackdown on Uighurs began. The Washington Post reported Tuesday that Apple supplier Lens Technology uses Uighur workers in its factories, according to documents obtained by the Tech Transparency Project. However, existing CBP guidance for WROs indicates a demanding standard for documentation and tracing. 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. A number of previous reports have implicated these companies in the past for example, Luxshare and Lens Technology were both linked to forced labor in bombshell reports from The Information and The Washington Post, although those reports pertained to Apples questionable history of suppliers. 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 Address: One Bowerman Drive Beaverton, OR 97005. An official website of the U.S. Department of Homeland Security. 4 Vocation Skills Education Training Center (VSETC), Tanyuan Technology Co. Ltd. (including five aliases: Carbon Yuan Technology; Changzhou Carbon Yuan Technology Development; Carbon Element Technology; Jiangsu Carbon Element Technology; and Tanyuan Technology Development), Xinjiang Production and Construction Corps (XPCC) and its subordinate and affiliated entities. I am a journalist writing about China manufacturing and trade. 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. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. All Rights Reserved, By submitting your email, you agree to our. As the TTP points out, Amazons supply chain standards (PDF) specifically rule out forced labor. Brands Can't Confidently Say No. All the companies that responded said they required suppliers to follow strict labor . The tech industry at large relies on suppliers in China, and The Information reports that these companies have also worked with Microsoft, Amazon, Google, and Facebook, among others. 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. Coca-Cola and Nike both pushed back on the NYT report in statements to the Daily Caller, arguing that they did not lobby against the Uyghur Forced Labor Protection Act or source products from Xinjiang. 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. Call To House Republicans On Pharmaceutical Supply Chain Middleman Investigation. Apples supply chain has previously been linked to forced labor in China. Under conditions that strongly suggest forced labour, Uyghurs are working in factories that are in the supply chains of at least 82 well-known global brands in the technology, clothing and automotive sectors, including Apple, BMW, Gap, Huawei, Nike, Samsung, Sony and Volkswagen. 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, or https:// means youve safely connected to the .gov website. In addition to alleging Amazons use of suppliers connected to forced labor, the TTP also found a number of accounts selling Xinjiang-sourced cotton, the sale of which has been banned by the US government last year. Amazon is allegedly employing suppliers in China with links to forced labor, according to a report from the Tech Transparency Project (TTP), a research group owned by the nonprofit watchdog organization Campaign for Accountability (via NBC News). Workers can be jailed for refusing to join the work programs, the report says, and those enrolled in the programs are often moved far from their homes. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. Best practices for compliance and supply chain due diligence still are evolving. A .gov website belongs to an official government organization in the United States. The paper also described government incentives such as tax breaks and subsidies for Chinese companies to take Uighurs. Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. BuzzFeed News reported finding more than 100 detention facilities located beside factories. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. The report and process for its preparation also are designed to help CBP improve its capacity to administer the import ban. 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. The companies were listed over human rights violations and abuses of Uighurs and other Muslim minorities, according to a US government filing on Wednesday. The guidance referenced above under Section 2(d)(6) is not expected until closer to June 21, 2022, as part of the Task Force Strategy Report, and thus companies may not know for some time what are the due diligence, effective supply chain tracing, and supply chain management measures that will meet CBP standards. 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. Thus far, the U.S. government has deployed Withhold Release Orders (WROs), export control restrictions pursuant to the Entity List, and sanctions designations under the Global Magnitsky Human Rights Accountability Act, which have targeted several large Chinese companies including the Xinjiang Production and Construction Corps (XPCC), as well as categories of products. (Photo by Anna Fifield/The Washington Post via Getty Images), Nike, Adidas, Apple, Microsoft and Samsung are among 83 multinationals that have been linked to forced labor by Uighurs in factories across China, according to a new study by the Australian Strategic Policy Institute (ASPI). Your companys response to the Washington Post, by your spokesperson has been disappointingly inadequate. Secure .gov websites use HTTPS In advance of June 21st, CBP will be issuing letters to importers identified as having previously imported merchandise that may be subject to the Act to encourage those importers to address any forced labor issues in their supply chains in a timely manner. (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. DHSs New Criminal Enforcement Initiative to Prosecute Corporations for Forced Labor, Slavery in Supply Chains: CBP Petitions Raise New Forced Labor Compliance Risks, Recent DOJ Action Creates Uncertainty for Information-Sharing Programs, NLRB Invalidates Common Confidentiality and Non-Disparagement Clauses in Severance Agreements, U.S. Attorneys Offices Adopt New Voluntary Self-Disclosure Policy, Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA also appears to envision a supply chain compliance program meeting certain minimum standards.

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