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. 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! A .gov website belongs to an official government organization in the United States. 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. CBP has released importer guidance to assist the trade community in preparing for the implementation of the UFLPA rebuttable presumption that goes into effect on June 21, 2022. For the most up-to-date information on CBPs UFLPA implementation, please see our website at www.cbp.gov/trade/forced-labor/UFLPA. 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. 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. As your company has previously imported merchandise sourced from locations or entities potentially subject to the Act, you are being notified that any future entries of such merchandise may be subject to CBP enforcement action, including seizure, forfeiture and/or penalties, or other appropriate action under the customs laws. Companies doing business in China, especially those with supply chain touchpoints in Xinjiang, should consider how the new law will affect them. July 21, 2022 July 20, 2022 RealClearWire. For some products and industries, it may be easier to track sources and seek certifications of product origin. Lets Examine. An official website of the United States government. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur 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.. 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). 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. 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 . China is using the 2022 Winter Olympics to "legitimize its human rights abuses," a human rights . Apr 9, 2022. Abercrombie & Fitch, Acer Adidas Alstom BAIC Motor BMW Bombardier Bosch BYD Calvin Klein Candy Carter's Cerruti 1881 Changan Automobile Cisco CRRC Electrolux Fila, Founder Group GAC Group (automobiles) Gap Geely Auto General Motors Goertek An official website of the United States government. Thus, companies can expect that CBP will improve its detection and enforcement capabilities relative to the last two years of WRO enforcement. Official websites use .gov A .gov website belongs to an official government organization in the United States. Share sensitive information only on official, secure websites. The report did not document factories using Uyghur labor. (LockA locked padlock) 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. A lock The Entity List is a tool utilized by BIS to restrict the export, reexport, and transfer (in-country) of items subject to the EAR to persons (individuals, organizations, companies) reasonably believed to be involved, or to pose a significant risk of becoming involved, in activities contrary to the national security or foreign policy interests of the United States. 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. 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? A lock A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. Almost all global clothing brands are implicated in the use of cotton sourced from Chinese-occupied East Turkestan (Xinjiang) as well. CBP issued a Withhold Release Order (WRO) against cotton products and tomato products produced in Xinjiang based on information that reasonably indicates the use of detainee or prison . The Save Uyghur Campaign would like to recognize BBC News for the release of The, Background Date of Birth:February 26th, 1973 National Identification Number: 65010319730226283X Chinese Official Name: , Background Date of Birth: January 6th, 1987 National Identification Number: 652924198701060014 Chinese Official Name: Alimu, General contact / Media queries info@justiceforall.org, 27 E. Monroe St. #700, Chicago IL 60603, USA, In March 2020, the Australian Strategic Policy Institute (ASPI) published a report titled. Many Chinese have called for boycotts,. Meet The Company Bridging Synthetic Biology Innovation With The World Of Insurance To Ensure Safe Food Production, Theres A New Species Of Magic Mushroom - Named After Paul Stamets, Absci Takes Its Generative AI Antibody Design Platform To Europe, Meet The Startup Thats Putting Ice Factories In Shipping Containers For Winn-Dixie Supermarkets. For further inquiries, please contact the UFLPA Entity List Team atFLETF.UFLPA.EntityList@hq.dhs.gov. They include. 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. Companies in the labor transfer program are often in labor-intensive industries, so they asked: is the growing and labor-intensive P.P.E. . Looking for the presence of forced labor is part of every supplier assessment we conduct, including surprise audits, spokesman Josh Rosenstock told Apple. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. 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 . (Photo by Anna Fifield/The Washington Post via Getty Images). Some companies have even advertised their ability to supply Uighur workers through online bookings. 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). A Chinese-dominated mining company has procured millions of dollars in American subsidies to extract lithium in the United States - but, given a dearth of U.S. processing capacity, the mineral is likely to be sent to China with no guarantee that the end product would return as . The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. The Chinese government forcibly relocates Uyghur men and women away from their homes and existing jobs to cotton fields. -- the side where the Uighur workers enter and exit, and live in dorms -- looks almost like a prison. Official websites use .gov 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. Photo Uyghur Muslims by the Uyghur Human Rights Project. 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 factory, Haoyuanpeng Clothing Manufacturing Co. Ltd, lists Fila, Adidas, Puma and Nike among its clients. The report accuses Amazon of continuing to work with these suppliers, despite evidence of their association with Uyghur labor camps. Most fashion brands can't promise their products aren't implicated, with concern spreading from fast-fashion and sportswear giants to major luxury groups. 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. Opinions expressed by Forbes Contributors are their own. We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. Lenovo also pointed to a 2018 audit by the Reliable Business Alliance in which OFILM scored very well. Questions regarding UFLPA may be submitted to UFLPAInquiry@cbp.dhs.gov. These legal developments also dovetail with broader ESG and corporate responsibility trends. (See here.) Whenever we find or receive proof of forced labor, we take action.. 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. The activists named 38 companies which they say, based on credible news investigations and news reports, have products connected to forced Uighur or Turkic Muslim labor. In January 2021, CBP issued a region-wide ban on all XUAR-produced cotton and tomato products, irrespective of the associated company. 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. Share sensitive information only on official, secure websites. This op-ed was originally published by the New York Times on January 20, 2021. The programs target the countrys Muslim minority population, particularly Uyghurs living in Xinjiang. They are grouped into different categories and listed below. I am a journalist writing about China manufacturing and trade. This page was not helpful because the content, Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the Peoples Republic of China, Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List. These workers were . While some industries may have experience with conflict minerals, blood diamonds or child labor, not all compliance and ethics programs are designed to look at supply chain risks. Click Share This Page button to display social media links. You may opt-out by. 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. The UFLPA reflects an expansion of U.S. policy efforts over the past two years to address reported violations of human rights in the XUAR. Two other companies, GoerTek and Hefei BOE Optoelectronics, are indirectly involved, and allegedly utilize suppliers that have been accused of using forced labor. A number of countries have also imposed sanctions on Xinjiang, with the US moving ban imports from Xinjiang altogether in December. Uyghur Forced Labor Prevention Act Fact Sheet, Uyghur Forced Labor Prevention Act Importer Overview, H.R. 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. Apple said it looks for forced labor as part of every assessment it conducts. This cotton is then exported around the world. 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. 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. These categories appear likely to include additional manufacturers and intermediate supply chain participants outside of the XUAR. 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. Share sensitive information only on official, secure websites. Coca-Cola has frequently advocated against racism and discrimination in the U.S. Activists have launched a campaign accusing firms of . 83 global companies and brands are directly or indirectly benefiting from the use of Uyghur forced laborers in these factories. The presumption applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor. 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. The rebuttable presumption goes into effect on June 21, 2022. 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. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. 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. (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. 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. In addition, CBP is subject to reporting requirements that likely will discourage easy granting of exceptions. Whenever CBP determines that an exception is appropriate, it is required to make a report to Congressional committees within 30 days. 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. 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. Official websites use .gov It is incumbent upon you as an importer to apply due diligence, effective supply chain tracing, and supply chain management measures to ensure that such imports are free from any goods mined, produced, or manufactured wholly or in part with forced labor from the Peoples Republic of China, especially from the XUAR.
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