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 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…
In keeping with tradition, we are pleased to invite you to our annual Global Year-End Review of Import/Export/Trade Compliance Developments. In lieu of our annual conference in Santa Clara, CA, we are excited to again provide a virtual offering available to all our clients and friends worldwide! The conference will be comprised of 75 minutes sessions over the course of three days. Please join us on November 16, 17 and 18 for any or all sessions.Our international trade compliance lawyers from around…
Introduction In early March of this year, a bipartisan group of members of the House Armed Services Committee formed the Defense Critical Supply Chain Task Force (the “Task Force”). Co-chaired by House Democrat Elissa Slotkin (Michigan) and Republican Mike Gallagher (Wisconsin), the Task Force was formed to address what has been perceived as U.S. overreliance on vulnerable defense supplies manufactured in other countries, such as China. We previously reported on this on our blog here. …
In lieu of our annual in person Global Trade Conference, we are excited to provide a virtual offering available to clients and friends worldwide. The conference will be comprised of nine one-hour sessions over the course of three days. Please join us on July 13, 14 and 15 for any or all sessions. In addition to broader trade and compliance topics that will implicate supply chain risk management, specific supply chain topics of interest include: America’s Supply…
Background on Lawsuit In a 8-1 decision issued last week, the U.S. Supreme Court seemingly brought an end to a 15-year lawsuit brought against Nestlé and Cargill by Malian citizens who claim to have been enslaved as children on cocoa plantations located in the Ivory Coast. Specifically, the plaintiffs alleged that Nestlé and Cargill knew the cocoa plantations used child labor, and aided and abetted the human rights abuses that they and other child laborers…
In another sign of the increasing commitment of the United States to curtail the importation of goods made by forced labor, the U.S. Customs and Border Protection (CBP) has issued a Withhold Release Order (WRO) against a Chinese fishing fleet for suspected use of forced labor in its fishing operations. The WRO instructs CBP personnel at all U.S. ports of entry to detain tuna, swordfish, and other seafood that has been harvested by a fleet…
Baker McKenzie is pleased to invite you to our virtual annual conference Supply Chain Risks & Rewards in Emerging Markets. In addition to providing the latest updates on regional and industry specific supply chain compliance developments, this webinar series will focus on cutting edge issues in supply chain risk management—including the key developments from the Biden Administration, trade considerations and the impact of the growing environmental, social and governance (ESG) movement. Professionals from various industries…
The US Government continues to implement measures intended to restrict the provision or use of Chinese-origin goods and technology. Notably, on July 14, 2020, three government agencies issued an interim rule (the “Interim Rule”) that implemented changes to the Federal Acquisition Regulations (“FARs”) pursuant to Section 889 of the National Defense Authorization Act of 2019 (the “NDAA”). These changes have the effect of prohibiting not only the provision of “covered telecommunication equipment or services” to…
Overview On July 20, 2020, Republican Senator Josh Hawley of Missouri introduced the Slave-Free Business Certification Act (“the Act”). If passed, the Act would require every “covered business entity” — defined as any issuer under section 2(a) of the Securities Act of 1933 that has annual, world-wide gross receipts of $500 million — to audit and report on instances of forced labor in their supply chains. Companies that deliberately violate the Act could be liable…