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February 2022

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In a sign that Congress continues to pursue bipartisan efforts to combat the use of forced labor in supply chains, Senators Josh Hawley (R-MO) and Kirsten Gillibrand (D-NY) have reintroduced the Slave-Free Business Certification Act of 2022 (“the Act”). The Act is substantively similar to a July 2020 bill, which we have previously discussed on our blog. The Act would impose significant new compliance and disclosure requirements for many companies, requiring businesses with annual, worldwide…

On 23 February 2022, the EU Commission published its proposal for a directive on corporate sustainability due diligence obligations, which aims to foster sustainable and responsible corporate behaviour throughout global value chains. Scope The new due diligence rules will apply to: all EU limited liability companies with 500+ employees and EUR 150 million+ in net turnover worldwide (“Group 1”); and other limited liability companies operating in defined high impact sectors (e.g. the textile, mining and…

On February 24, 2022, various U.S. government agencies published their respective reports on supply chain policies for six key industrial bases pursuant to Executive Order 14017, “America’s Supply Chains” (the “Reports”). These Reports identify key weaknesses in some of the nation’s most crucial supply chains and offer multi-year strategies to help address those weaknesses. The White House issued this statement and capstone report following the publication of the Reports. Links to the Reports and corresponding…

Beyond resilience, the supply chains of the future are expected to be sustainable, embracing ESG principles. In the seventh webinar of our Supply Chain Series, our panel of experts will discuss the emerging and anticipated business issues, practical applications and legal considerations that companies need to consider, as they: Integrate corporate governance into the value chainLook at access to medicines and medical devices in a post-pandemic eraExplore sustainable alternatives such as corporate power purchase agreementsNavigate…

The potential impact of the Uyghur Forced Labor Prevention Act (“Act”) is sweeping. For companies concerned about potential supply chain disruptions, there is now opportunity to help shape the enforcement strategy required under the Act. On January 24, 2022, the Department of Homeland Security published in the Federal Register a request for public comments. To date, few comments have been submitted. US importers and other interested parties should consider submitting comments that will both inform…

On January 26, 2022, the US Departments of State, Treasury, Commerce, Labor, Homeland Security and the Office of the US Trade Representative (“USTR”) issued a joint advisory (the “Advisory”) that highlights certain supply chain-related risks for companies whose business and supply chains may touch Burma/Myanmar. This is a continuation of a recent trend in which the US Government has issued advisories highlighting compliance and related risks in certain countries and regions, often emphasizing supply chain risks. For…

Baker McKenzie is pleased to launch the fifth in our Biden Supply Chain Policy video series focused on the pharmaceuticals and active pharmaceutical ingredients supply chain, which is another of the critical supply chains that has been a particular focus of the Biden Administration. The Biden Administration has been pursuing policies aimed at increasing resilience in this supply chain by addressing shortages and minimizing disruption through a range of measures, including efforts to on-shore and near-shore…

Baker McKenzie is pleased to launch the fourth in our Biden Supply Chain Policy video series focused on the critical minerals and strategic materials supply chain, which is another of the critical supply chains that has been a particular focus of the Biden Administration. This supply chain includes lithium, cobalt and other rare earths and minerals that are the building blocks of products used every day. The Biden Administration has been pursuing policies aimed at…

Following our first two short videos on key trends (see here) and the semiconductor supply chain (see here), Baker McKenzie is pleased to launch the third in our Biden Supply Chain Policy video series focused on the large-capacity batteries supply chain. This is another of the critical supply chains that has been a particular focus of the Biden Administration’s supply chain policies. Large-capacity batteries are an important part of the energy transition. Demand for these batteries…

Following our first short video on some of the key trends and priorities the Biden Supply Chain Policy is driving for companies across sectors and industries, Baker McKenzie is pleased to launch the second in our Biden Supply Chain Policy video series focused on the semiconductor and advanced packaging supply chain. This is one of four critical supply chains that has been a particular focus of the Biden Administration’s supply chain policies.In this video, Kerry Contini…