He said Apple earlier this year ensured . Secure .gov websites use HTTPS 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. 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.. A number of countries have also imposed sanctions on Xinjiang, with the US moving ban imports from Xinjiang altogether in December. The TTP found that three Amazon suppliers Luxshare Precision Industry, AcBel Polytech, and Lens Technology have reportedly used forced labor themselves. Senior China researcher explains why viewers should "stay away" from the 2022 Winter Olympics. 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. , which revealed a vast network of companies complicit in the use of Uyghur forced labor throughout China. Opinions expressed by Forbes Contributors are their own. 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. Questions regarding UFLPA may be submitted to UFLPAInquiry@cbp.dhs.gov. 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. What Is the U.S. Government Doing About Uyghur Forced Labor? Here, they are paid at most 15 cents a day to pick cotton. The Uyghur Forced Labor Prevention Act (UFLPA), hereafter referred to as the Act, was signed into law by President Biden on December 23, 2021. 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. The paper also described government incentives such as tax breaks and subsidies for Chinese companies to take Uighurs. These legal developments also dovetail with broader ESG and corporate responsibility trends. Official websites use .gov 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. Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. 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. For the most up-to-date information on CBPs UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. All Rights Reserved, By submitting your email, you agree to our. Bean, Hugo Boss and Uniqlo are now determining how to root out abuse from their supply chains a challenge given how much . 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. 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. For further inquiries, please contact the UFLPA Entity List Team atFLETF.UFLPA.EntityList@hq.dhs.gov. manufacturing also using Uighur workers?https://t.co . Many of these companiesprolifically spoke outagainst racial injustice following the death of George Floyd in May. A .gov website belongs to an official government organization in the United States. 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. He said Apple earlier this year ensured that none of its other suppliers are using Uighur labor transferred from Xinjiang. Are These Fashions Linked to Forced Labour? Brands Can't Confidently China: US Law Against Uyghur Forced Labor Takes Effect | Human Rights Watch 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. Dont turn your back on racism. These workers were transferred from labor camps in the Xinjiang region of western China, WaPo reported. The list of well-recognized names includes Apple, Nike, Amazon, Samsung, Zara, H&M, Microsoft, Mercedes-Benz, Uniqlo, and more. Uyghur Forced Labor Prevention Act Becomes Law - ArentFox Schiff 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. The report listed popular 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. The Save Uyghur Campaign would like to recognize BBC News for the release of The, Background Date of Birth:February 26th, 1973 National Identification Number: 65010319730226283X Chinese Official Name: , Background Date of Birth: January 6th, 1987 National Identification Number: 652924198701060014 Chinese Official Name: Alimu, General contact / Media queries info@justiceforall.org, 27 E. Monroe St. #700, Chicago IL 60603, USA, In March 2020, the Australian Strategic Policy Institute (ASPI) published a report titled. Call To House Republicans On Pharmaceutical Supply Chain Middleman Investigation. Share sensitive information only on official, secure websites. Looking for U.S. government information and services? 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). 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. Whenever we find or receive proof of forced labor, we take action.. Two other companies, GoerTek and Hefei BOE Optoelectronics, are indirectly involved, and allegedly utilize suppliers that have been accused of using forced labor. 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 . The Washington Postreported Tuesdaythat Apple supplier Lens Technology uses Uighur workers in its factories, according to documents obtained by the Tech Transparency Project. 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. abercrombie & fitch, acer, adidas, alstom, amazon, apple, asus, b ai c motor, bmw, bombardier, bosch, byd, calvin klein, candy, carter's, cerruti 1881, changan automobile, cisco, crrc, All Rights Reserved, By submitting your email, you agree to our. Apple, Foxconn, and 81 others are accused of using Uighur forced labor 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. You may opt-out by. 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. Read the FLETF'sStrategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the Peoples Republic of China. 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. To directly support Save Uyghurs campaign to safeguard fundamental human rights, donate to our cause now. 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. They are grouped into different categories and listed below. 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 . 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. The enforcement strategy, and how much companies will need to do to satisfy the law, remains to be seen. 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. Two other companies, GoerTek and. 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,. 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. 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. 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. For some products and industries, it may be easier to track sources and seek certifications of product origin. U.S. to crack down on child labor amid massive uptick | Reuters Apple . Written by USCIRF Commissioner Nury Turkel. 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). Mary Margaret Olohan is a reporter for the Daily Caller News Foundation. 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 . The level of evidence remains to be clarified by CBP. The period coincides with Chinas campaign ofmass internment of ethnic minorities in Xinjiang, which the government says is needed to root out terrorism and separatism. Amazon suppliers must not use forced labor slave, prison, indentured, bonded, or otherwise, its standards read. Apple said it looks for forced labor as part of every assessment it conducts. 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. 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. 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. 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.. All work must be voluntary, and workers must be free to leave work and terminate their employment or other work status with reasonable notice.. 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. This enhanced enforcement already is underway. Brands Can't Confidently Say No. In the last fiscal year, 835 companies were found . 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. 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. FACT SHEET: New U.S. Government Actions on Forced Labor in Several Apple suppliers may have used forced labor in China, according to The Information. Commentary: Rights Abuser China Emerging as Dubious Linchpin of Biden's 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. (LockA locked padlock) Companies will need to comply with the law 180 days after its December 23, 2021 enactment. Many Chinese have called for boycotts,. The problem is not Apples alone. Activists have launched a campaign accusing firms of . In March 2020, a damning report from the Australian Strategic Policy Institute revealed that the Chinese government was forcing hundreds of young Uyghur women to. Entities identified in sections (i) and (ii) above may serve as both manufactures and exporters. 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. Companies Prepare for the Uyghur Forced Labor Prevention Act (UFLPA The report did not document factories using Uyghur labor. However, a vast majority of implicated brands and companies have not taken any steps to address their ties to Uyghur forced labor. 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. China's Uighur crackdown expands to forced work in factories, some 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!. Lets Examine. Please note that this notice may serve as an aggravating factor should CBP take enforcement action upon determining future violations of the Act. 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. Chinas population of Uyghurs, the countrys Muslim ethnic minority, is largely concentrated in the Xinjiang region of China. Thus, it may be challenging for an importer to obtain an exception. 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. The Uyghur Forced Labor Prevention Act: What U.S. Companies with China The Tech Transparency Projectsaid a glass supplier was using forced labor in December; Apple said it had seen no evidence of forced labor. 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. 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. Chinese Solar Companies Tied to Use of Forced Labor China Companies in Xinjiang Uses Forced Muslim Uyghurs Labor: Report CBP's UFLPA importer guidance is available at CBP.gov. I am a journalist writing about China manufacturing and trade. 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! 6256 - Uyghur Forced Labor Prevention Act, DHS Press Release on UFLPA Public Comment Period, Federal Register Notice Seeking Public Comment. 2023 Vox Media, LLC. A number of companies and brands have been linked to labor forced on Uighur Muslims by the Chinese government, according to multiple reports. ), Chinas forced work programs have been getting more attention over the past year, with new reports speaking to the growing scope of Chinas oppressive practices in Xinjiang. 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. German companies accused of profiting from forced Uighur - euronews We look forward to seeing a prompt apology and response. 13 Fashion Brands That Still Use Sweatshops In 2023 China is using the 2022 Winter Olympics to "legitimize its human rights abuses," a human rights . Whenever CBP determines that an exception is appropriate, it is required to make a report to Congressional committees within 30 days. 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. / Sign up for Verge Deals to get deals on products we've tested sent to your inbox daily. Major Global Brands Profiting From Forced Uighur Labor: Activists What to Know - Effective June 21, 2022, 180 days after enactment of the Uyghur Forced Labor Prevention Act (UFLPA), a rebuttable presumption will apply that goods produced in whole or part in the Xinjiang Uyghur Autonomous Region (XUAR) of the People's Republic of China (PRC) are produced with forced labor and banned from US importation, unless the importer can provide "clear and convincing . 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.. 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 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 . Apple supplier Lens Technology accused of using forced labour in China Secure .gov websites use HTTPS (See here.) Take action against global brands and companies complicit in forced labor by not buying their products. U.S. officials said the Labor Department had seen a nearly 70% increase in child labor violations since 2018, including in hazardous occupations. ASPI stated that it had found 27 factories in 9 Chinese provinces that are using Uyghur labor transferred from Xinjiang since 2017. 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. Primark has been involved in child labor and modern slavery scandals before. This action targets these entities ability to access commodities, software, and technology subject to the Export Administration Regulations (EAR), and is part of a U.S. Government-wide effort to take strong action against Chinas ongoing campaign of repression against Muslim minority groups in the XUAR. 'Virtually entire' fashion industry complicit in Uighur forced labour Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. or https:// means youve safely connected to the .gov website. 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. Apr 9, 2022. Thus, companies can expect that CBP will improve its detection and enforcement capabilities relative to the last two years of WRO enforcement. Several Apple suppliers may have used forced labor in China, according to The Information. The TTP pinpoints five companies on Amazons supplier list (available as a CSV file in the small print below the pages supply chain map) that have been publicly denounced for being directly or indirectly connected to the forced labor of Chinas Uyghur population in the Xinjiang region. 83 global companies and brands are directly or indirectly benefiting from the use of Uyghur forced laborers in these factories. 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.). 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.
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