Entities identified in sections (i) and (ii) above may serve as both manufactures and exporters. The UK government must toughen measures to tackle modern slavery, including more penalties to compel businesses to ensure Uighur forced labour is not used in their supply chains, according to a . Baoding LYSZD Trade and Business Co., Ltd. Changji Esquel Textile Co. Ltd. (and one alias : Changji Yida Textile), Hetian Haolin Hair Accessories Co. Ltd. (and two aliases: Hotan Haolin Hair Accessories; and Hollin Hair Accessories), Hetian Taida Apparel Co., Ltd (and one alias: Hetian TEDA Garment), Hoshine Silicon Industry (Shanshan) Co., Ltd (including one alias: Hesheng Silicon Industry (Shanshan) Co.) and subsidiaries, Xinjiang Daqo New Energy, Co. Ltd (including three aliases: Xinjiang Great New Energy Co., Ltd.; Xinjiang Daxin Energy Co., Ltd.; and Xinjiang Daqin Energy Co., Ltd.), Xinjiang East Hope Nonferrous Metals Co. Ltd. (including one alias: Xinjiang Nonferrous), Xinjiang GCL New Energy Material Technology, Co. Ltd (including one alias: Xinjiang GCL New Energy Materials Technology Co.). 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. 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. 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 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 . 925) Adidas Amazon private labels American Eagle Outfitters, Inc. Anta Sports Products Ltd. Burberry Group PLC (Burberry) 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. The factory, Haoyuanpeng Clothing Manufacturing Co. Ltd, lists Fila, Adidas, Puma and Nike among its clients. 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. There are watchtowers with cameras pointed in all directions and high barbed wire fences atop the walls. For the most up-to-date information on CBPs UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. A .gov website belongs to an official government organization in the United States. / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. 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? 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. 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. 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. To sign up for updates or to access your subscriber preferences, please enter your contact information below. 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. A .gov website belongs to an official government organization in the United States. 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. 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. 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). Call To House Republicans On Pharmaceutical Supply Chain Middleman Investigation. The ASPI found that 27 factories across nine Chinese provinces used the labor of Uyghurs forcibly transferred from Chinese-occupied East Turkestan since 2017. 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. The Washington Postreported Tuesdaythat Apple supplier Lens Technology uses Uighur workers in its factories, according to documents obtained by the Tech Transparency Project. Secure .gov websites use HTTPS The rebuttable presumption goes into effect on June 21, 2022. The US Department of Commerce said the . 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. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. 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). 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 . Forced labor has been a central part of China's campaign against the Uighurs for as long as I can remember. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. Official websites use .gov 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. Two other companies, GoerTek and. The Tech Transparency Projectsaid a glass supplier was using forced labor in December; Apple said it had seen no evidence of forced labor. Looking for the presence of forced labor is part of every supplier assessment we conduct, including surprise audits, spokesman Josh Rosenstock told Apple. 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. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. 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.. 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. 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. U.S. officials said the Labor Department had seen a nearly 70% increase in child labor violations since 2018, including in hazardous occupations. In the last fiscal year, 835 companies were found . Products made with such labor will be covered by the laws rebuttable presumption, even if they are produced in other regions of China. An official website of the United States government. Retail giants Nike and H&M are facing a backlash in China after they expressed concern about the alleged use of Uighur forced labour in cotton production. #SaveUyghur #SaveUyghur @JFAorg, Send letter to John Donahoe, the Chief Executive Officer at Nike World Headquarters, 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. 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. 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 Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. A .gov website belongs to an official government organization in the United States. These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. Major international clothing brands like L.L. Thereport listedpopular 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. 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). All Rights Reserved, By submitting your email, you agree to our. Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. 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. 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 . Yili Zhuowan Garment Manufacturing Co., Ltd. Coca-Cola has frequently advocated against racism and discrimination in the U.S. He said Apple earlier this year ensured . , which revealed a vast network of companies complicit in the use of Uyghur forced labor throughout China. 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 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. CBP's UFLPA importer guidance is available at CBP.gov. Preparing for June 21, 2022 Apple spokesman Josh Rosenstock said the company has confirmed that Lens Technology has not received any labor transfers of Uighur workers from Xinjiang. 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. 1307) are not entitled to entry at any of the ports of the United States. 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. Brands Can't Confidently Say No. As the TTP notes, China uses what it calls labor transfers to transport Uyghurs from the Xinjiang region to factories throughout China, forcing them into labor programs the TTP says are often coercive and connected to a network of mass internment and reeducation camps., Five suppliers have been publicly denounced for being connected to the forced labor. 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 . These categories appear likely to include additional manufacturers and intermediate supply chain participants outside of the XUAR. Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. The ASPI found that 27 factories across nine Chinese provinces used the labor of Uyghurs forcibly transferred from Chinese-occupied East Turkestan since 2017. 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. 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 . Looking ahead, this focus on supply chain ethics appears to reflect a trend and not a blip. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. Whenever we find or receive proof of forced labor, we take action.. 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. This report must include both the goods and the evidence considered. Written by USCIRF Commissioner Nury Turkel. Mary Margaret Olohan is a reporter for the Daily Caller News Foundation. Apple spokesman Josh Rosenstock said the company has confirmed that Lens Technology has not received any labor transfers of Uighur workers from Xinjiang. by Steve Miller . Address: One Bowerman Drive Beaverton, OR 97005. Working with two human rights groups, the publication identified seven companies that supplied. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. 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. 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. 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. Xinjiang workers have also been placed in factories that are part of Apples supply chains, including a plant in Guangzhou visited by Apple CEO Tim Cook in December 2017. 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. The problem is not Apples alone. 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 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. Uyghur Forced Labor Prevention Act Fact Sheet, Uyghur Forced Labor Prevention Act Importer Overview, H.R. 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!. (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. The report and process for its preparation also are designed to help CBP improve its capacity to administer the import ban. To directly support Save Uyghurs campaign to safeguard fundamental human rights, donate to our cause now. Crypto company Gemini is having some trouble with fraud, Some Pixel phones are crashing after playing a certain YouTube video. Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. 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. 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. 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. SHARE. 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.. 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. All the companies that responded said they required suppliers to follow strict labor . Dont turn your back on racism. I am a journalist writing about China manufacturing and trade. Do not buy products made with the tears of modern-day Uyghur slaves. This cotton is then exported around the world. Photo Uyghur Muslims by the Uyghur Human Rights Project. Several Apple suppliers may have used forced labor in China, according to The Information. Companies doing business in China should consider the following to prepare for the new requirements. 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 . 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. Build a Morning News Brief: Easy, No Clutter, Free! 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. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. 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. 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. Two other companies, GoerTek and Hefei BOE Optoelectronics, are indirectly involved, and allegedly utilize suppliers that have been accused of using 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. 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. 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.