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Eunkyung Kim Shin

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The Annual Compliance Conference begins next week and attracts over 6,000 in-house senior legal and compliance professionals from across the world. This leading compliance conference will be held across five weeks from 6 September – 6 October 2022 We will be virtually delivering our cutting-edge insights and guidance on key global compliance, investigations and ethics issues. Our global experts will provide practical insights and analysis on significant developments:• anti-bribery• corruption and economic crime• customs and FTAs• ESG, supply chain…

The Uyghur Forced Labor Prevention Act (“UFLPA”) took effect on June 21, 2022, and establishes a rebuttable presumption that all goods mined, produced, or manufactured wholly or in part in Xinjiang, China, or by entities identified on the “UFLPA Entity List,” are made with forced labor and prohibits them from entry into the United States under Section 307 of the Tariff Act of 1930. A few days prior to the implementation of the UFLPA, US…

On June 13, 2022, US Customs and Border Protection (“CBP”) issued the long-awaited Uyghur Forced Labor Prevention Act (“UFLPA”) Operational Guidance for Importers (“CBP UFLPA Guidance”). The UFLPA requires CBP to apply a presumption that imports of all merchandise mined, produced, or manufactured wholly or in part in Xinjiang, China, or by entities identified on the “UFLPA Entity List,” are presumed to be made with forced labor and are prohibited from entry into the United…

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…

The compromise version of the Uyghur Forced Labor Prevention Act (HR 6256) (“Act”) was recently passed by both chambers of Congress, and the legislation is now cleared for President Biden’s signature. It is expected that President Biden will sign the legislation into law soon. With strong bipartisan support, earlier versions of this legislation had passed the US House and Senate in the preceding months, and lawmakers reached an agreement that merged versions from each chamber. …

Yesterday, as part of its annual Virtual Trade Week series, US Customs and Border Protection (“CBP”) issued a list of Frequently Asked Questions on forced labor (“the FAQs”).  The FAQs consist of responses to ten questions focused on current issues and latest developments in forced labor enforcement.  As mentioned in the FAQs, in FY2020 (October 1, 2019 – September 30, 2020), CBP set a record by issuing 13 Withhold Release Orders (“WROs”), detaining over $55…

On June 8, 2021, the White House published a set of reports on the 100-day interagency reviews (“Reports”) conducted pursuant to Executive Order 14017 (“Supply Chain EO”), which assessed supply chain risks and vulnerabilities for several supply chains, including those relating to semiconductor manufacturing and advanced packaging, and made policy recommendations to address those risks. The Reports suggest that export controls on semiconductor-related equipment and technology can help protect the technological advantage of the United States in…

On March 5, 2021, US Customs and Border Protection (“CBP”) issued a new factsheet regarding how Withhold Release Orders (“WROs”) might be modified or revoked by CBP (“WRO Modification and Revocation Guidance”), which builds upon previous guidance by CBP on similar issues, including the factsheet issued on August 6, 2020. As a reminder, a WRO can be issued when CBP reasonably (but not conclusively) believes that certain goods are mined, produced, or manufactured, wholly or…

Introduction The UK, US, and Canadian governments have recently announced a range of new measures in relation to human rights violations alleged to be taking place in Xinjiang, China. The new measures include enhanced due diligence requirements for companies with links to the region in order to identify and remove the use of forced labor from their supply chains. The move further underlines the importance of effective supply-chain risk management for companies with complex global…

On December 2, the US Government announced the latest in a long series of actions responding to allegations of forced labor of Muslim Uyghurs and other ethnic minorities in Xinjiang, China. Specifically, US Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) dated November 30, 2020 against cotton products made by the Xinjiang Production and Construction Corps (“XPCC”). The WRO was issued based on information that CBP believes reasonably indicates XPCC’s use of…