Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. The paper also described government incentives such as tax breaks and subsidies for Chinese companies to take Uighurs. He said Apple earlier this year ensured . Here, they are paid at most 15 cents a day to pick cotton. 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 report accuses Amazon of continuing to work with these suppliers, despite evidence of their association with Uyghur labor camps. Whenever CBP determines that an exception is appropriate, it is required to make a report to Congressional committees within 30 days. 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. 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. Photo Uyghur Muslims by the Uyghur Human Rights Project. 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. Check the below Frequently Asked Questions to see if your questions about UFLPA Strategymay be answered here. Primark uses sweatshops to make very low-price clothing. Two other companies, GoerTek and Hefei BOE Optoelectronics, are indirectly involved, and allegedly utilize suppliers that have been accused of using forced labor. 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. Entities identified in sections (i) and (ii) above may serve as both manufactures and exporters. (See here.) All importers are expected to review their supply chains thoroughly and institute reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child 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. Mary Margaret Olohan is a reporter for the Daily Caller News Foundation. 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? 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). 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. China is using the 2022 Winter Olympics to "legitimize its human rights abuses," a human rights . Many of these companiesprolifically spoke outagainst racial injustice following the death of George Floyd in May. 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. For the most up-to-date information on CBPs UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. 6256 - Uyghur Forced Labor Prevention Act, DHS Press Release on UFLPA Public Comment Period, Federal Register Notice Seeking Public Comment. Apple, which has saidthat it is committed to donating to organizations that challenge racial injustice and mass incarceration, is not the only company to come under scrutiny for its links to slave labor. Chinas population of Uyghurs, the countrys Muslim ethnic minority, is largely concentrated in the Xinjiang region of China. An official website of the United States government. 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. 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. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. 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. U.S. remote-control maker Universal Electronics Inc told Reuters it struck a deal with authorities in Xinjiang to transport hundreds of Uyghur workers to its plant in the southern Chinese city of . Primark has been involved in child labor and modern slavery scandals before. These legal developments also dovetail with broader ESG and corporate responsibility trends. Nov. 17, 201801:48. 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 has frequently advocated against racism and discrimination in the U.S. 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. 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). (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. 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. Secure .gov websites use HTTPS "Apple has zero tolerance for forced labor," Rosenstock said. 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. Preparing for June 21, 2022 The US Department of Commerce said the . 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., @Nike Shameful that an American brand like yours benefit from the labor of the Uyghurs. In January 2021, CBP issued a region-wide ban on all XUAR-produced cotton and tomato products, irrespective of the associated company. 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. I am a journalist writing about China manufacturing and trade. Please note that this notice may serve as an aggravating factor should CBP take enforcement action upon determining future violations of the Act. 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. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor. U.S. Customs and Border Protection (CBP) Issues Withhold Release Order (WRO): CBP has issued a WRO on silica-based products made by Hoshine Silicon Industry Co., Ltd., a company located in . Dont turn your back on racism. 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. I was born in a re-education camp at the height of China's infamous Cultural Revolution. 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. , which revealed a vast network of companies complicit in the use of Uyghur forced labor throughout China. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. Apple lists both . DHSs New Criminal Enforcement Initiative to Prosecute Corporations for Forced Labor, Slavery in Supply Chains: CBP Petitions Raise New Forced Labor Compliance Risks, Recent DOJ Action Creates Uncertainty for Information-Sharing Programs, NLRB Invalidates Common Confidentiality and Non-Disparagement Clauses in Severance Agreements, U.S. Attorneys Offices Adopt New Voluntary Self-Disclosure Policy, Uyghur Forced Labor Prevention Act (UFLPA). 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. Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. 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 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. LockA locked padlock The United Nations estimates that, since 2017, China has forcibly placed an estimated 1.5 million Uyghur and Turkic Muslims in prison camps across the Xinjiang Autonomous Region. 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. A .gov website belongs to an official government organization in the United States. An official website of the U.S. Department of Homeland Security. In January, the Trump administration said China was committed genocide against the predominantly Muslim Uyghurs and other ethnic and religious minority groups in Xinjiang.. Companies doing business in China, especially those with supply chain touchpoints in Xinjiang, should consider how the new law will affect them. 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. 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. 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. 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. 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. The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021. These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. 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! Apple . 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. As for population statistics, China lists Xinjiang's population at 24.5 million, including 12 million Uyghurs and 11 million Chinese as well as one million Kazakhs, Kyrgyz, Huai, and other ethnic. In March, Apple cut ties with another supplier over allegations it was connected to coercive government labor programs. 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. 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. Xinjiang Junggar Cotton and Linen Co., Ltd. Xinjiang Production and Construction Corps (including three aliases: XPCC; Xinjiang Corps; and Bingtuan) and its subordinate and affiliated entities, Aksu Huafu Textiles Co. (including two aliases: Akesu Huafu and Aksu Huafu Dyed Melange Yarn), Hefei Bitland Information Technology Co., Ltd. (including three aliases: Anhui Hefei Baolongda Information Technology; Hefei Baolongda Information Technology Co., Ltd.; and Hefei Bitland Optoelectronic Technology Co., Ltd.), Hefei Meiling Co. Ltd. (including one alias: Hefei Meiling Group Holdings Limited), KTK Group (including three aliases: Jiangsu Jinchuang Group; Jiangsu Jinchuang Holding Group; and KTK Holding). Call To House Republicans On Pharmaceutical Supply Chain Middleman Investigation. Opinions expressed by Forbes Contributors are their own. BuzzFeed News reported finding more than 100 detention facilities located beside factories. 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. Task Force Strategy Report and Potential for Additional Parties Subject to Prohibitions 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. Questions regarding UFLPA may be submitted to UFLPAInquiry@cbp.dhs.gov. A lock The ASPI found that 27 factories across nine Chinese provinces used the labor of Uyghurs forcibly transferred from Chinese-occupied East Turkestan since 2017. Companies in the labor transfer program are often in labor-intensive industries, so they asked: is the growing and labor-intensive P.P.E. Official websites use .gov Brands Can't Confidently Say No. The Commerce Department will continue to take firm, decisive action tohold China and other perpetrators of human rights abuses accountable.. 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. These parties can include companies outside of the XUAR. Activists have launched a campaign accusing firms of . Companies doing business in China should consider the following to prepare for the new requirements. Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. It is bothersome that millions of people, including myself, may be owning clothing that are made by modern day slaves. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. 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. Secure .gov websites use HTTPS Share this article with your friends, and let them know which companies to avoid as well. Many Chinese have called for boycotts,. Yili Zhuowan Garment Manufacturing Co., Ltd. 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. Our government should tax these company at above the money they are saving by using known slave labor. Working with two human rights groups, the publication identified seven companies that supplied. 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 Although journalists have in the pastlinked Western companies to forced Uighur labor, this is the first time the problem is made apparent on such a large scale, enveloping factories and supply chains across the country. An official website of the United States government. As your company has previously imported merchandise from locations or entities potentially subject to the Act, you are being notified that subsequent entries of such merchandise may result in, among other things, suspension or removal from the Customs Trade Partnership Against Terrorism (CTPAT) program, seizure, forfeiture and/or penalties, or other appropriate action under the customs laws. 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.