While some of the enforcement specifics of the Uyghur Forced Labor Prevention Act will be clarified over the next six months, it is clear that grand statements from corporations are no longer enough. Primark is an Irish fast-fashion retailer with headquarters in Dublin, also operating in the United States. Crypto company Gemini is having some trouble with fraud, Some Pixel phones are crashing after playing a certain YouTube video. In January 2021, CBP issued a region-wide ban on all XUAR-produced cotton and tomato products, irrespective of the associated company. Earlier this year, Tesla faced criticism for opening a showroom in the Xinjiang region and was also mentioned as an alleged customer of the aforementioned Lens Technology company in the TTP report from December 2020. Opinions expressed by Forbes Contributors are their own. The Act requires CBP to apply the rebuttable presumption unless the importer can overcome the presumption of forced labor by establishing, by clear and convincing evidence, that the good, ware, article, or merchandise was not mined, produced, or manufactured wholly or in part by forced labor. An official website of the U.S. Department of Homeland Security. ChatGPT Swears It Can Optimize Your Inventory. 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. 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 Companies Are Linked to Forced Uighur Slave Labor Official websites use .gov 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. Apple supplier Lens Technology accused of using forced labour in China 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. Take action against global brands and companies complicit in forced labor by not buying their products. 'Woke' corporations hit for 'bowing to China while snubbing America' as Dont pretend theres not a problem in America. Nov. 17, 201801:48. 6256 - Uyghur Forced Labor Prevention Act, DHS Press Release on UFLPA Public Comment Period, Federal Register Notice Seeking Public Comment. 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. An official website of the United States government. 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 . Two other companies, GoerTek and Hefei BOE Optoelectronics, are indirectly involved, and allegedly utilize suppliers that have been accused of using forced labor. Apple spokesman Josh Rosenstock said the company has confirmed that Lens Technology has not received any labor transfers of Uighur workers from Xinjiang. We invited Apple, Esprit, and Fila to respond; they did not. Major Global Brands Profiting From Forced Uighur Labor: Activists Commentary: Rights Abuser China Emerging as Dubious Linchpin of Biden's 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. 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. These Brands Sell Products Made By Slaves In Chinese Concentration Rebutting the Forced Labor Presumption Forced labor has been a central part of China's campaign against the Uighurs for as long as I can remember. In January, the Trump administration said China was committed genocide against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang.. Thus, investment in supply chain due diligence, compliance and contractual requirements for commercial partners may emerge as a key development in 2022. 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 latest report titled Uyghurs For Sale, from the Australian Strategic Policy Institute, reveals a vast network of companies complicit in the mass detention of Uyghurs and other Turkic people. China is using the 2022 Winter Olympics to "legitimize its human rights abuses," a human rights . The US Department of Commerce said the . Apple spokesman Josh Rosenstock said the company has confirmed that Lens Technology has not received any labor transfers of Uighur workers from Xinjiang. Call To House Republicans On Pharmaceutical Supply Chain Middleman Investigation. 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. Chinese parents who have more than a few children are often sent to detention camps or subjected to huge fines, the publication found, and police instill terror into families by raiding homes searching for hidden children. 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. Meta backs new tool for removing sexual images of minors posted online, Mark Zuckerberg says Meta now has a team building AI tools and personas, Whoops! Uyghur Forced Labor Prevention Act Fact Sheet, Uyghur Forced Labor Prevention Act Importer Overview, H.R. 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. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. U.S. officials said the Labor Department had seen a nearly 70% increase in child labor violations since 2018, including in hazardous occupations. Some companies have even advertised their ability to supply Uighur workers through online bookings. Olympic corporate partner 'proud' of sponsorship despite China's This report estimates that more than 80,000 Uyghurs were transferred out of Xinjiang to work in factories across China between 2017 and 2019, and some of them were sent directly from detention camps, a summary of the report said. Products made with such labor will be covered by the laws rebuttable presumption, even if they are produced in other regions of China. 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. Share this article with your friends, and let them know which companies to avoid as well. All work must be voluntary, and workers must be free to leave work and terminate their employment or other work status with reasonable notice.. / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. Are These Fashions Linked to Forced Labour? Brands Can't Confidently 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. A number of countries have also imposed sanctions on Xinjiang, with the US moving ban imports from Xinjiang altogether in December. 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. We hope that by sharing this film we can serve as a catalyst to inspire action against a deep issue in our society and encourage people to help shape a better future.. Are forced-labor Uyghurs making Apple and Samsung phones? Nike, Apple linked to forced Uyghur labor in China, report says - Quartz (LockA locked padlock) ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. 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.. Brands Can't Confidently Say No. Questions regarding UFLPA may be submitted to UFLPAInquiry@cbp.dhs.gov. Companies will need to comply with the law 180 days after its December 23, 2021 enactment. Our government should tax these company at above the money they are saving by using known slave labor. 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. BuzzFeed News reported finding more than 100 detention facilities located beside factories. UFLPA Entity List | Homeland Security - DHS 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. China: US Law Against Uyghur Forced Labor Takes Effect | Human Rights Watch 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 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). Study Links Nike, Adidas And Apple To Forced Uighur Labor - Forbes 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. We look forward to seeing a prompt apology and response. 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. Coca-Cola has frequently advocated against racism and discrimination in the U.S. This situation poses new risksreputational and legalfor companies and consumers purchasing goods from China, as products made in any part of the country, not just in Xinjiang, may have passed through the hands of forced labourers, the authors said. Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. 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). 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. 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. 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. We will continue doing all we can to protect workers and ensure they are treated with dignity and respect, the spokesperson said. 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. 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. Washington - Human rights activists, labor leaders and others urged the White House on Friday to put its weight behind a coming ban on products made with forced labor in the . The Washington Postreported Tuesdaythat Apple supplier Lens Technology uses Uighur workers in its factories, according to documents obtained by the Tech Transparency Project. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor. The report did not document factories using Uyghur labor. The year 2021 brought supply chain challenges to the center of the national conversation. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. Lets Examine. Many consumers are now boycotting Primark, but the brand is still expanding. The rebuttable presumption goes into effect on June 21, 2022. 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. It is bothersome that millions of people, including myself, may be owning clothing that are made by modern day slaves. The complexity and opacity of supply chains in China will complicate the due diligence process, as some products and materials made with forced labor in Xinjiang are repurposed in intermediary factories elsewhere in China, obscuring their origin. The Commerce Department will continue to take firm, decisive action tohold China and other perpetrators of human rights abuses accountable.. 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. 2023 Vox Media, LLC. Apple, Samsung Among Tech Giants Using Coerced Uighur Labor for The Department of Commerce's Bureau of Industry and Security (BIS) added five Chinese entities to the Entity List for accepting or utilizing forced labor in the implementation ofthePeoples Republic ofChinas campaign of repression against Muslimminority groups in the Xinjiang Uyghur Autonomous Region(XUAR). An official website of the United States government. Best practices for compliance and supply chain due diligence still are evolving. The Tech Transparency Projectsaid a glass supplier was using forced labor in December; Apple said it had seen no evidence of forced labor. 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. Here Are The Companies Linked To Forced Uighur Slave Labor China: Mounting concerns over forced labour in Xinjiang To directly support Save Uyghurs campaign to safeguard fundamental human rights, donate to our cause now. The laws rebuttable presumption means companies whose supply chains touch Xinjiangor utilize Xinjiang-exported laborwill have to demonstrate by clear and convincing evidence that their products are free of forced labor. The report estimates that more than 80,000 Uighurs were transferred to work in factories across China between 2017 and 2019. 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. Looking for U.S. government information and services? 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. 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. Several Apple suppliers may have used forced labor in China, according to The Information. by Steve Miller . DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Share sensitive information only on official, secure websites. Zara and Uniqlo owners face investigation over profiting from alleged Please immediately end any sourcing from companies complicit in using forced labor, and discontinue any business relations with them. 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. 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 . 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 . I was born in a re-education camp at the height of China's infamous Cultural Revolution. 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. 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. 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 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. At least 570,000 Uighur Muslims are being forced to work in Chinese cotton fields that produce one-fifth of the world's supply, a new report says. Click Share This Page button to display social media links. 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. Your companys response to the Washington Post, by your spokesperson has been disappointingly inadequate. 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. 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 Peoples Republic of China, or produced by certain entities, 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. 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. Apple and Amazon arent the only US-based companies with ties to Xinjiang and forced labor, either. The UFLPA now would effectively apply the presumption of forced labor to all goods made in the XUAR without the need for CBP to issue WROs. Amazon suppliers must not use forced labor slave, prison, indentured, bonded, or otherwise, its standards read. We call for an immediate end to these violations and pledge to work collaboratively with governments, civil society, unions, and multilateral organizations to achieve this goal.. Uyghur Forced Labor Prevention Act - U.S. Customs and Border Protection Hoshine Silicon Industry (Shanshan) Co., Ltd. Xinjiang East Hope Nonferrous Metals Co., Ltd. Xinjiang GCL New Energy Material Technology Co., Ltd. Xinjiang Production and Construction Corps (XPCC). Apple suppliers linked to Uyghur forced labor in new report 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.. Some brands including Adidas, Bosch and Panasonic told ASPI they had no direct contractual relationships with the suppliers indicated in the report, but no one could rule out a link further down their supply chain. An official website of the United States government. This enhanced enforcement already is underway. 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. The level of evidence remains to be clarified by CBP. Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. 83 global companies and brands are directly or indirectly benefiting from the use of Uyghur forced laborers in these factories. Implementation of the Uyghur Forced Labor Prevention Act The problem is not Apples alone. The UFLPA will replace the existing case-by-case implementation of WROs on companies operating in and product categories from the XUAR with a broad U.S. import ban and rebuttable presumption of the involvement of forced or otherwise prohibited labor. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. Do not buy products made with the tears of modern-day Uyghur slaves. Following near unanimous passage by Congress, President Biden signed into law the Uyghur Forced Labor Prevention Act, which seeks to untangle American supply chains from the forced labor of Uyghurs and other persecuted ethnoreligious minorities in China. These Brands Are Still Linked to Uyghur Forced Labor - Save Uighur For the most up-to-date information on CBPs UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. 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. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. Many of these companiesprolifically spoke outagainst racial injustice following the death of George Floyd in May. The companies supplied Apple with antennas, cables, and coatings, among other products and services, according to The Information. 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 Peoples Republic of Chinaand the Federal Register Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor.

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