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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). 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. 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. 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. 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. Preparing for June 21, 2022 The programs target the countrys Muslim minority population, particularly Uyghurs living in Xinjiang. Companies will have limited time between now and June 21 to identify and manage both legal compliance and business risks. 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. Law Firms: Be Strategic In Your COVID-19 Guidance [GUIDANCE] On COVID-19 and Business Continuity Plans. 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. All Rights Reserved, By submitting your email, you agree to our. 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. 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. Most fashion brands can't promise their products aren't implicated, with concern spreading from fast-fashion and sportswear giants to major luxury groups. 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. Companies need to implement robust preventative and transparency measures, with their compliance departmentsnot their communications departmentsleading the way. 925) Adidas Amazon private labels American Eagle Outfitters, Inc. Anta Sports Products Ltd. Burberry Group PLC (Burberry) However, existing CBP guidance for WROs indicates a demanding standard for documentation and tracing. Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. 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. Here, they are paid at most 15 cents a day to pick cotton. 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. 2023 Vox Media, LLC. 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 report did not document factories using Uyghur labor. Opinions expressed by Forbes Contributors are their own. 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. Major international clothing brands like L.L. All the companies that responded said they required suppliers to follow strict labor . 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 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. 2023 Vox Media, LLC. 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. 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. Take action against global brands and companies complicit in forced labor by not buying their products. They are grouped into different categories and listed below. 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). The Save Uyghur Campaign would like to recognize BBC News for the release of The, Who Are the Uyghurs and Why Is China Being Accused of Genocide? BBC News, 21, 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, , from the Australian Strategic Policy Institute, reveals a vast network of companies complicit in the mass detention of Uyghurs and other Turkic people. The Chinese government forcibly relocates Uyghur men and women away from their homes and existing jobs to cotton fields. I am a journalist writing about China manufacturing and trade. 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. Numerous sources, including government documents, show that transferred workers are assigned minders and have limited freedom of movement.. The problem is not Apples alone. This op-ed was originally published by the New York Times on January 20, 2021. 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. . 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. In one case, a batch of graduates from a so-called vocational training center in south Xinjiang were transferred directly to a factory in the eastern Anhui province, according to a government report. LockA locked padlock We take allegations of human rights abuses seriously, including those related to the use or export of forced labor. 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 . 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. Coca-Cola has frequently advocated against racism and discrimination in the U.S. Primark uses sweatshops to make very low-price clothing. 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, 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 side where the Uighur workers enter and exit, and live in dorms -- looks almost like a prison. 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. Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. 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. Meet The Company Bridging Synthetic Biology Innovation With The World Of Insurance To Ensure Safe Food Production, Theres A New Species Of Magic Mushroom - Named After Paul Stamets, Absci Takes Its Generative AI Antibody Design Platform To Europe, Meet The Startup Thats Putting Ice Factories In Shipping Containers For Winn-Dixie Supermarkets. Uighurs placement in factories outside Xinjiang has been conducted under a central government policy known as Xinjiang Aid. Factory bosses receive cash compensations for each Uighur worker they employ. 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 . Many consumers are now boycotting Primark, but the brand is still expanding. 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. 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. Since the release of the ASPIs report, numerous companies and brands have released statements regarding their connections to Uyghur forced labor, with some taking direct action to end their complicity in supply chains corrupted by modern day slavery. or https:// means youve safely connected to the .gov website. 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.. For further inquiries, please contact the UFLPA Entity List Team atFLETF.UFLPA.EntityList@hq.dhs.gov. Chinas population of Uyghurs, the countrys Muslim ethnic minority, is largely concentrated in the Xinjiang region of China. 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. Opinions expressed by Forbes Contributors are their own. (LockA locked padlock) 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. 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. Two other companies, GoerTek and Hefei BOE Optoelectronics, are indirectly involved, and allegedly utilize suppliers that have been accused of using forced labor. Check the below Frequently Asked Questions to see if your questions about UFLPA Enforcement may be answered here. Products made with such labor will be covered by the laws rebuttable presumption, even if they are produced in other regions of China. Please immediately end any sourcing from companies complicit in using forced labor, and discontinue any business relations with them. On the Red Carpet at the 2022 Met Gala . 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. (See here.) 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. 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.. Share this article with your friends, and let them know which companies to avoid as well. 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). 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.). 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 Lenovo also pointed to a 2018 audit by the Reliable Business Alliance in which OFILM scored very well. Apr 9, 2022. July 21, 2022 July 20, 2022 RealClearWire. Any dollar that goes to these brands is a dollar that goes into the factories profiting off of Uyghur forced labor. 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. For the most up-to-date information on CBPs UFLPA implementation, please see our website at www.cbp.gov/trade/forced-labor/UFLPA. by Steve Miller . To sign up for updates or to access your subscriber preferences, please enter your contact information below. 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. From Company-Specific WROs to a Broader Import Ban in the XUAR These legal developments also dovetail with broader ESG and corporate responsibility trends. 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. #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. Between January 22, 2022, and June 21, 2022, the Forced Labor Enforcement Task Force established under the U.S.-Mexico-Canada Agreement Implementation Act, in consultation with the Secretary of Commerce and the Director of National Intelligence, will undertake a process that will result in a strategy for supporting enforcement of Section 307 of the Tariff Act of 1930 (19 U.S.C. ChatGPT Swears It Can Optimize Your Inventory. 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). 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). Here are some of the 83 brands listed in the report as being connected to those factories using forced labor. 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. 1307) are not entitled to entry at any of the ports of the United States. Task Force Strategy Report and Potential for Additional Parties Subject to Prohibitions Please note that this notice may serve as an aggravating factor should CBP take enforcement action upon determining future violations of the Act. They are grouped into different categories and listed below. 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. 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. or https:// means youve safely connected to the .gov website. 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 . An official website of the United States government. 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. Read the FLETF'sStrategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the Peoples Republic of China. A number of countries have also imposed sanctions on Xinjiang, with the US moving ban imports from Xinjiang altogether in December. It is bothersome that millions of people, including myself, may be owning clothing that are made by modern day slaves. Stop sourcing from Qingdao Taekwang immediately. 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. 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. (Photo by Anna Fifield/The Washington Post via Getty Images), Nike, Adidas, Apple, Microsoft and Samsung are among 83 multinationals that have been linked to forced labor by Uighurs in factories across China, according to a new study by the Australian Strategic Policy Institute (ASPI). 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. 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. Although state media are claiming Uighurs are being compensated for their work, the ASPI researchersfound they live in segregated dormitories, are unable to go home, and they undergo Mandarin and ideological training outside working hours, similarly to Uighurs in the internment camps. There are watchtowers with cameras pointed in all directions and high barbed wire fences atop the walls. CBP's UFLPA importer guidance is available at CBP.gov. An official website of the United States government. 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 . Apples supply chain has previously been linked to forced labor in China. SHARE. Many Chinese have called for boycotts,. The coalition has published an extensive list of brands it claims continue to source from the region, or from factories connected to the forced labour of Uighur people, including Gap, C&A,. For more information, visitwww.bis.doc.gov. Bean, Hugo Boss and Uniqlo are now determining how to root out abuse from their supply chains a challenge given how much . 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. The US Department of Commerce said the . An investigation by the Associated Press published in June found that the Chinese government is committing demographic genocide against Uighur Muslims through forced abortions, birth control, mass detentions, and imprisonment. 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! 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 . Amazon is allegedly employing suppliers in China with links to forced labor, according to a report from the Tech Transparency Project (TTP), a research group owned by the nonprofit watchdog organization Campaign for Accountability (via NBC News). 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. Many of these companiesprolifically spoke outagainst racial injustice following the death of George Floyd in May. 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. Activists have launched a campaign accusing firms of . In January 2021, CBP issued a region-wide ban on all XUAR-produced cotton and tomato products, irrespective of the associated company. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. As of April 2021, the following global companies and brands are profiting from their use of modern day Uyghur slavery. 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). 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. manufacturing also using Uighur workers?https://t.co . They include. An official website of the U.S. Department of Homeland Security. A lock 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. Dont turn your back on racism. The level of evidence remains to be clarified by CBP. Apple found no evidence of forced labor anywhere we operate, a spokesperson told The Information. Thus, it may be challenging for an importer to obtain an exception. As the TTP points out, Amazons supply chain standards (PDF) specifically rule out forced labor. 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. 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.