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. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. Companies will need to comply with the law 180 days after its December 23, 2021 enactment. Dont turn your back on racism. 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 report accuses Amazon of continuing to work with these suppliers, despite evidence of their association with Uyghur labor camps. I am a journalist writing about China manufacturing and trade. 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. The UFLPA also appears to envision a supply chain compliance program meeting certain minimum standards. #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. or https:// means youve safely connected to the .gov website. Working with two human rights groups, the publication identified seven companies that supplied. 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. Several Apple suppliers may have used forced labor in China, according to The Information. Official websites use .gov 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. 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. 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. (LockA locked padlock) 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.). These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. Dont pretend theres not a problem in America. This cotton is then exported around the world. 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. Check the below Frequently Asked Questions to see if your questions about UFLPA Strategymay be answered here. For licensing opportunities of our original content, please contact, Immigration Expert Says Bidens Immigration Plans Could Provide Amnesty for Millions of People, At Princeton, a Racial Reckoning and a Free Speech Battle. 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. An official website of the United States government. Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. 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. 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. 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 People's Republic of China and the Federal Register Notice on the Addition of Entities to the Uyghur Forced Labor Prevention Act Entity List. A lock ( 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. Share sensitive information only on official, secure websites. Amazons suppliers are responsible for making Amazon-branded products, such as the Echo, Fire TV, Kindle, the wide range of affordable products sold as part of its Amazon Basics line, and more. It is bothersome that millions of people, including myself, may be owning clothing that are made by modern day slaves. 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. 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. 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). Brands Can't Confidently Say No. The estimated figure is conservative and the actual figure is likely to be far higher., In factories far away from home, they typically live in segregated dormitories, undergo organised Mandarin and ideological training outside working hours, are subject to constant surveillance, and are forbidden from participating in religious observances, the report summary continued. Looking ahead, this focus on supply chain ethics appears to reflect a trend and not a blip. 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. 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? Share this article with your friends, and let them know which companies to avoid as well. 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. 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. The Commerce Department will continue to take firm, decisive action tohold China and other perpetrators of human rights abuses accountable.. Click Share This Page button to display social media links. A .gov website belongs to an official government organization in the United States. I understand that in some of these poor countries it may not be clear who may be violating human rights in some way but there should be minimum due diligence standards. Your companys response to the Washington Post, by your spokesperson has been disappointingly inadequate. Check the below Frequently Asked Questions to see if your questions about UFLPA Enforcement may be answered here. 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. Thus, investment in supply chain due diligence, compliance and contractual requirements for commercial partners may emerge as a key development in 2022. 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. On the Red Carpet at the 2022 Met Gala . The list of well-recognized names includes Apple, Nike, Amazon, Samsung, Zara, H&M, Microsoft, Mercedes-Benz, Uniqlo, and more. (LockA locked padlock) Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. All the companies that responded said they required suppliers to follow strict labor . A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. 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. 4 Vocation Skills Education Training Center (VSETC), Tanyuan Technology Co. Ltd. (including five aliases: Carbon Yuan Technology; Changzhou Carbon Yuan Technology Development; Carbon Element Technology; Jiangsu Carbon Element Technology; and Tanyuan Technology Development), Xinjiang Production and Construction Corps (XPCC) and its subordinate and affiliated entities. 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. 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. For further inquiries, please contact the UFLPA Entity List Team atFLETF.UFLPA.EntityList@hq.dhs.gov. Products linked in whole or in part to these entities will be treated by CBP as having the same prohibitions as any products from the XUAR. 83 global companies and brands are directly or indirectly benefiting from the use of Uyghur forced laborers in these factories. 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 . 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. 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! The year 2021 brought supply chain challenges to the center of the national conversation. As always, our focus is on making sure everyone is treated with dignity and respect, and we will continue doing all we can to protect workers in our supply chain, Rosenstock added. 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. Call To House Republicans On Pharmaceutical Supply Chain Middleman Investigation. 1307) are not entitled to entry at any of the ports of the United States. Preparing for June 21, 2022 All work must be voluntary, and workers must be free to leave work and terminate their employment or other work status with reasonable notice.. 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. We look forward to seeing a prompt apology and response. 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. Forced labor has been a central part of China's campaign against the Uighurs for as long as I can remember. The report estimates that more than 80,000 Uighurs were transferred to work in factories across China between 2017 and 2019. Companies need to implement robust preventative and transparency measures, with their compliance departmentsnot their communications departmentsleading the way. Apple and Amazon arent the only US-based companies with ties to Xinjiang and forced labor, either. 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). An official website of the U.S. Department of Homeland Security. 2023 Vox Media, LLC. The report did not document factories using Uyghur labor. 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. Lets Examine. (Amazon and Facebook told The Information they wouldnt work with suppliers using forced labor; Google and Microsoft didnt respond. 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 . We have not identified additional exporters at this time but will continue to investigate and gather information about additional relevant entities. 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. The ASPI found that 27 factories across nine Chinese provinces used the labor of Uyghurs forcibly transferred from Chinese-occupied East Turkestan since 2017. We invited Apple, Esprit, and Fila to respond; they did not. ) or https:// means youve safely connected to the .gov website. 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. An official website of the United States government. They include. Amazon complies with the laws and regulations in all jurisdictions in which it operates, and expects suppliers to adhere to our Supply Chain Standards, Amazon spokesperson Erika Reynoso said in a statement to The Verge. Most companies will require advance planning to assess the risks posed by the UFLPA and develop the compliance and due diligence mechanisms that will be needed to monitor supply chains and commercial partners. Nov. 17, 201801:48. Thus, companies can expect that CBP will improve its detection and enforcement capabilities relative to the last two years of WRO enforcement. 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. This op-ed was originally published by the New York Times on January 20, 2021. In March, Apple cut ties with another supplier over allegations it was connected to coercive government labor programs. We take allegations of human rights abuses seriously, including those related to the use or export of forced labor. Photo Uyghur Muslims by the Uyghur Human Rights Project. These categories appear likely to include additional manufacturers and intermediate supply chain participants outside of the XUAR. The companies supplied Apple with antennas, cables, and coatings, among other products and services, according to The Information. Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. 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 . 925) Adidas Amazon private labels American Eagle Outfitters, Inc. Anta Sports Products Ltd. Burberry Group PLC (Burberry) 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. 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. 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). 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. Bean, Hugo Boss and Uniqlo are now determining how to root out abuse from their supply chains a challenge given how much . 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 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. Task Force Strategy Report and Potential for Additional Parties Subject to Prohibitions Questions regarding UFLPA may be submitted to UFLPAInquiry@cbp.dhs.gov. For more information, visitwww.bis.doc.gov. 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). Opinions expressed by Forbes Contributors are their own. This enhanced enforcement already is underway. A .gov website belongs to an official government organization in the United States. 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. 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. Demand Nike and other listed companies to stop sourcing their products from Uyghur forced labor. 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. 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. Almost all global clothing brands are implicated in the use of cotton sourced from Chinese-occupied East Turkestan (Xinjiang) as well. For the most up-to-date information on CBPs UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. 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. He said Apple earlier this year ensured that none of its other suppliers are using Uighur labor transferred from Xinjiang. Companies in the labor transfer program are often in labor-intensive industries, so they asked: is the growing and labor-intensive P.P.E. 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. (Photo by Anna Fifield/The Washington Post via Getty Images). As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. Save my name, email, and website in this browser for the next time I comment. A comprehensive listing of entities in the XUAR that use forced labor, entities that work with the XUAR government to facilitate the use of forced labor, a list of products produced by those entities, a list of entities that exported those products, a list of entities that source material from the XUAR and a plan for updating those lists. Working with two human rights groups, the publication identified seven companies that supplied products or services to Apple and supported forced labor programs, according to statements made by the Chinese government. 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. (Washington, DC) - The United States government should vigorously enforce a new law that aims to prevent imports linked to forced labor by Uyghurs and other persecuted groups in China, Human . Further complicating the matter are Chinas poverty alleviation and pairing assistance programs, some of which forcibly relocate Uyghur and other minorities as laborers outside of Xinjiang. "Apple has zero tolerance for forced labor," Rosenstock said. 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. Primark uses sweatshops to make very low-price clothing. BuzzFeed News reported finding more than 100 detention facilities located beside factories. Keep in mind also this is part of the problem with China, it is hard for other countries or supply chains to compete with no labor costs. CBP guidance for XUAR WROs, and standards like the ILO Indicators of Forced Labor can provide reference points. 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. 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 factory, Haoyuanpeng Clothing Manufacturing Co. Ltd, lists Fila, Adidas, Puma and Nike among its clients. A lock Apple found no evidence of forced labor anywhere we operate, a spokesperson told The Information. Looking for the presence of forced labor is part of every supplier assessment we conduct, including surprise audits, spokesman Josh Rosenstock told Apple. 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. 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. 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. 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!
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