Forced Labor/Human Rights

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On November 23, 2022, Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) that mandates CBP personnel at all U.S. ports of entry detain raw sugar and sugar-based products produced in the Dominican Republic by Central Romana Corporation Limited (Central Romana). This WRO followed an investigation that reasonably indicated Central Romana uses forced…

UPDATE: On November 1, 2022, U.S. Customs and Border Protection (CBP) issued a message announcing that implementation of its Uyghur Forced Labor Prevention Act (UFLPA) Region Alert is postponed until further notice. CBP stated that its Office of Trade “is actively working with impacted users to address concerns” and that a new implementation date will…

On July 6, 2022, the Office of the U.S. Trade Representative (USTR) issued a notice seeking public comments to assist in the development of a forced labor trade strategy. The notice indicates that the strategy “will identify priorities and establish an action plan for utilizing existing and potential new trade tools to combat forced labor…

During meetings among the G7 leaders on June 28, 2022, President Joseph Biden and the other G7 leaders committed to a “unified approach to confront” China’s trade-distorting industrial directives.  According to a White House Fact Sheet, such actions will include:

  • sharing insights and best practices to identify, monitor and minimize vulnerabilities and logistic bottlenecks

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Key Notes:

  • Effective June 21, 2022, the Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that all goods produced, mined or manufactured in the Xinjiang region of China or by certain entities designated to the UFLPA Entity List are produced with forced labor and prohibited from entry into the United States.
  • The prohibition

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On March 1, 2022, the Office of the U.S. Trade Representative (USTR) released President Joe Biden’s 2022 Trade Agenda and 2021 Annual Report.  The trade agenda highlights President Biden’s continued focus on a “worker-centered trade policy” by “promoting a broader agenda of fair competition to ensure that workers are competing on the basis of…

Key Notes:

  • Several federal agencies recently released a business advisory emphasizing the heightened risk of doing business in Burma.
  • Four key areas of risk were identified: (1) state-owned enterprises (SOEs); (2) gems and precious metals; (3) real estate and construction projects; and (4) arms, military equipment, and related activities.
  • U.S. businesses with supply chains tied

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U.S. Customs and Border Protection (CBP) has issued a “Notice of Finding” in which it has determined that certain palm oil and derivative products made wholly or in part with palm oil produced by Sime Darby Plantation Berhad, its subsidiaries, and joint ventures with the use of convict, forced or indentured labor, are…

On January 24, 2022, the Department of Homeland Security, on behalf of the Forced Labor Enforcement Task Force (Task Force), issued a request for public comments on “how best to ensure that goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part with forced labor in the People’s Republic of China are…

Key Notes:

  • President Biden signed the Uyghur Forced Labor Prevention Act into law on December 23, 2021 to continue efforts to prevent the importation into the United States of goods produced in whole or in part with forced labor in China.
  • The Act creates a rebuttable presumption that all goods produced in whole or in

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