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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. Official websites use .gov The problem is not Apples alone. 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 . They are grouped into different categories and listed below. WROs on materials like cotton (where an estimated 20 percent of world supply and 85 percent of Chinese supply is from the XUAR) and polysilicon (a key material in solar panels and the photovoltaic supply chain) reportedly are causing CBP to block broad categories of certain products incorporating those materials. 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!. Any violation of our policies has immediate consequences, including possible business termination. 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. 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. (See here.) 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.. There are watchtowers with cameras pointed in all directions and high barbed wire fences atop the walls. An investigation by the Associated Press published in June found that the Chinese government is committing demographic genocide against Uighur Muslims through forced abortions, birth control, mass detentions, and imprisonment. 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. 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. Yili Zhuowan Garment Manufacturing Co., Ltd. You may opt-out by. Put On The Gas. 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. The Task Force Strategy Report will identify a list of high-priority sectors for enforcement, which at a minimum must include cotton, tomatoes and polysilicon. 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. Persons wishing to import affected products to the United States will need to supply evidence demonstrating that those products were not made with forced labor, and meet pending compliance standards. Adding to these challenges, the efforts to comply with or plan for the UFLPA may cause a number of companies to consider their policies for supply chain ethics and due diligenceissues that may tie into broader environment, social and governance (ESG) efforts. 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. An official website of the U.S. Department of Homeland Security. These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. This elevated standard will require the importer to not only use due diligence in evaluation of its supply chain, but also to respond completely and substantively to CBP requests for information regarding entries it may review. -- the side where the Uighur workers enter and exit, and live in dorms -- looks almost like a prison. 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 . 925) Adidas Amazon private labels American Eagle Outfitters, Inc. Anta Sports Products Ltd. Burberry Group PLC (Burberry) 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 . 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. The paper also described government incentives such as tax breaks and subsidies for Chinese companies to take Uighurs. A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. CBP guidance for XUAR WROs, and standards like the ILO Indicators of Forced Labor can provide reference points. All the companies that responded said they required suppliers to follow strict 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? 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. In January 2021, CBP issued a region-wide ban on all XUAR-produced cotton and tomato products, irrespective of the associated company. We invited Apple, Esprit, and Fila to respond; they did not. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. (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). 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. From Company-Specific WROs to a Broader Import Ban in the XUAR Official websites use .gov Dont turn your back on racism. Looking ahead, this focus on supply chain ethics appears to reflect a trend and not a blip. Our government should tax these company at above the money they are saving by using known slave labor. Crypto company Gemini is having some trouble with fraud, Some Pixel phones are crashing after playing a certain YouTube video. We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. 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. The report estimates that more than 80,000 Uighurs were transferred to work in factories across China between 2017 and 2019. 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 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 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. 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. The ASPI found that 27 factories across nine Chinese provinces used the labor of Uyghurs forcibly transferred from Chinese-occupied East Turkestan since 2017. 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. 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. 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. I am a journalist writing about China manufacturing and trade. 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. Apple . Demand Nike and other listed companies to stop sourcing their products from Uyghur forced labor. However, existing CBP guidance for WROs indicates a demanding standard for documentation and tracing. All work must be voluntary, and workers must be free to leave work and terminate their employment or other work status with reasonable notice.. (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. The factory, Haoyuanpeng Clothing Manufacturing Co. Ltd, lists Fila, Adidas, Puma and Nike among its clients. Check the below Frequently Asked Questions to see if your questions about UFLPA Enforcement may be answered here. Effective June 21, 2022, in an effort to address forced labor concerns, U.S. law will broadly prohibit imports of products from Chinas Xinjiang Uyghur Autonomous Region (XUAR), along with additional companies determined to be related to supply from that region. 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. All Rights Reserved, By submitting your email, you agree to our. 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. Several Apple suppliers may have used forced labor in China, according to The Information. 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). Share this article with your friends, and let them know which companies to avoid as well. The US Department of Commerce said the . A .gov website belongs to an official government organization in the United States. Take action against global brands and companies complicit in forced labor by not buying their products. 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. U.S. officials said the Labor Department had seen a nearly 70% increase in child labor violations since 2018, including in hazardous occupations. 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. 6256 - Uyghur Forced Labor Prevention Act, DHS Press Release on UFLPA Public Comment Period, Federal Register Notice Seeking Public Comment. 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. Best practices for compliance and supply chain due diligence still are evolving. or https:// means youve safely connected to the .gov website. BuzzFeed News reported finding more than 100 detention facilities located beside factories. 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. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. (See here.) 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. Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. In one case, a batch of graduates from a so-called vocational training center in south Xinjiang were transferred directly to a factory in the eastern Anhui province, according to a government report. 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 TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. I was born in a re-education camp at the height of China's infamous Cultural Revolution. Questions regarding UFLPA may be submitted to [email protected]. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. Primark has been involved in child labor and modern slavery scandals before. Task Force Strategy Report and Potential for Additional Parties Subject to Prohibitions 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. Rebutting the Forced Labor Presumption 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,. The year 2021 brought supply chain challenges to the center of the national conversation. This report must include both the goods and the evidence considered. 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. Hefei Bitland Information Technology Co. Ltd. Hoshine Silicon Industry (Shanshan) Co., Ltd., and Subsidiaries. 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.

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