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. BOE Technology Group, which supplies screens to Apple, and O-Film, which makes iPhone cameras, both use Uighur labor, either directly or through contractors, the report found. Apple spokesman Josh Rosenstock said the company has confirmed that Lens Technology has not received any labor transfers of Uighur workers from Xinjiang. An official website of the United States government. 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. Many Chinese have called for boycotts,. In anticipation of the rebuttable presumption becoming effective on June 21, 2022, an implementation strategy and guidance for the trade community will be issued to ensure compliance with the Act. Antony J. Blinken, Secretary of State June 21, 2022 Starting today, U.S. Customs and Border Protection (CBP) will begin to implement the Uyghur Forced Labor Prevention Act's provisions to prohibit imports made by forced labor into the United States of products made in Xinjiang. What Is the U.S. Government Doing About Uyghur Forced Labor? These Brands Sell Products Made By Slaves In Chinese Concentration Many companies will require advance planning to assess the business and legal risks posed to their supply chains by these rule changes, and develop appropriate compliance and due diligence mechanisms. Secure .gov websites use HTTPS 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. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. Apple's longtime supplier accused of using forced labor in China TheAP investigation, based on interviews with 30 former detainees, family members, a former detention camp instructor, government statistics and state documents, found that the Chinese government seeks to dramatically lower the birthrates of Uighurs and other minorities while encouraging other populations to produce more children. These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. The Tech Transparency Projectsaid a glass supplier was using forced labor in December; Apple said it had seen no evidence of forced labor. German companies accused of profiting from forced Uighur - euronews The rebuttable presumption goes into effect on June 21, 2022. Apple suppliers linked to Uyghur forced labor in new report Secure .gov websites use HTTPS The list of 83 companies includes over 30 technology brands "directly or indirectly benefiting" from using Uighur workers a veritable who's who of consumer electronics, such as Acer,. WASHINGTON Nike and Coca-Cola are among the major companies and business groups lobbying Congress to weaken a bill that would ban imported goods made with forced labor in China's Xinjiang. Apple supplier Lens Technology accused of using forced labour in China 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. He said Apple earlier this year ensured . The Act, codified under 22 U.S.C. 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. 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. Opinions expressed by Forbes Contributors are their own. On December 23, 2021, President Biden signed into law the Uyghur Forced Labor Prevention Act (UFLPA) to prevent goods made with forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China from entering the U.S. market. Over several years, the group has been subject to a number of human rights abuses within the country, including internment camps, constant surveillance, mass sterilization, and forced labor. 2023 Vox Media, LLC. 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. CBP is urging importers to be proactive and closely review their supply chains to ensure any goods or materials are not sourced from the XUAR in violation of the Act. A 2014 draft contract for Xinjiang laborers in Guangdong province obtained by the AP shows the government there offered companies 3000 RMB ($428.52) per worker, with an additional 1000 RMB ($142.84) for "training" each . 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. Enforcement Priorities Looking for U.S. government information and services? 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). They include. 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. 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, The UFLPA mandates a review and strategy-development process expected to result in the identification of additional parties whose products will be presumed to derive from forced labor and banned from import. Preparing for June 21, 2022 Most companies will require advance planning to assess the risks posed by the UFLPA and develop the compliance and due diligence mechanisms that will be needed to monitor supply chains and commercial partners. It will place new requirements on a wide range of industries that rely on labor from Xinjiang, especially apparel, automotive, technology, food & beverage, and solar companies. Best practices for compliance and supply chain due diligence still are evolving. In January, the Trump administration said China was committed genocide against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang.. The entities to be added to the Entity List in connection with participating in the practice of, accepting, or utilizing forced labor involving Uyghurs and other Muslim minority groups in the XUAR are: Hoshine Silicon Industry (Shanshan) Co., Ltd. Xinjiang Daqo New Energy Co., Ltd. Xinjiang East Hope Nonferrous Metals Co., Ltd. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor. 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. 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,. 83 global companies and brands are directly or indirectly benefiting from the use of Uyghur forced laborers in these factories. 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. I was born in a re-education camp at the height of China's infamous Cultural Revolution. 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. These workers were . These Brands Are Still Linked to Uyghur Forced Labor - Save Uighur Several Apple suppliers may have used forced labor in China, according to The Information. 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. 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. Primark has been involved in child labor and modern slavery scandals before. Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. Major international clothing brands like L.L. In March, Apple cut ties with another supplier over allegations it was connected to coercive government labor programs. A lock ( China: US Law Against Uyghur Forced Labor Takes Effect | Human Rights Watch The report did not document factories using Uyghur labor. Some companies have even advertised their ability to supply Uighur workers through online bookings. 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. Nike, H&M face China fury over Xinjiang cotton 'concerns' Thus, companies can expect that CBP will improve its detection and enforcement capabilities relative to the last two years of WRO enforcement. All work must be voluntary, and workers must be free to leave work and terminate their employment or other work status with reasonable notice.. Products made with such labor will be covered by the laws rebuttable presumption, even if they are produced in other regions of China. Using Amazon's June 2021 supplier list, the TTP said it found five of the companies on the list had publicly known links to forced labor programs called "labor transfers," which. Official websites use .gov An official website of the U.S. Department of Homeland Security. / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. 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. The Act establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region 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) of the Act, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. For further inquiries, please contact the UFLPA Entity List Team atFLETF.UFLPA.EntityList@hq.dhs.gov. The report listed popular 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. or https:// means youve safely connected to the .gov website. Coca-Cola has frequently advocated against racism and discrimination in the U.S. 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. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. Share sensitive information only on official, secure websites. 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. EXCLUSIVE US electronics firm struck deal to transport and - Reuters You may opt-out by. 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. Some Uighurs have allegedly been placed in these factories straight from the internment camps in Xinjiang, where experts estimate more than 1.5 million members of ethnic minorities are being held. Written by USCIRF Commissioner Nury Turkel. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. BuzzFeed News reported finding more than 100 detention facilities located beside factories. A .gov website belongs to an official government organization in the United States. Uyghur Forced Labor Prevention Act - U.S. Customs and Border Protection We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. CBP guidance for XUAR WROs, and standards like the ILO Indicators of Forced Labor can provide reference points. Here's the complete list of companies who have not taken steps in agreement with the Call to Action to End Uyghur Forced Labor: Abercrombie & Fitch (Abercrombie & Fitch, Hollister Co., Ruehl No. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. It establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People's Republic of China, or produced by certain entities, is prohibited by . (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. Apple . 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. Even more to the point, how about forced labor right here in the U.S. with our prisons (especially the privatized ones), with our vagrancy laws, our with our use of cheap underpaid and unpaid foreign labor from the very groups that conservatives want to deport unless, of course, these conservatives can make more unbegotten money from their forced labor? Business & Human Rights Resource Centre invited Abercrombie & Fitch, adidas, Amazon, BMW, Gap, H&M, Inditex, Marks & Spencer, Nike, North Face, Puma, PVH, Samsung and UNIQLO to respond; their responses are provided. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor. Corporate giants including Nike face growing calls to cut ties with suppliers alleged to be using "forced labour" from China's Uighur people. Companies Prepare for the Uyghur Forced Labor Prevention Act (UFLPA / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. 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. Apr 9, 2022. I am a journalist writing about China manufacturing and trade. Study Links Nike, Adidas And Apple To Forced Uighur Labor - Forbes 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.

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