Category

Human Rights

Category

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…

Last week the US Department of Labor (“DOL”) published a notice requesting information and comments on the following three reports on child labor and forced labor practices in foreign countries published by the US Bureau of International Labor Affairs (“ILAB”): (1) the 2019 Findings on the Worst Forms of Child Labor report (TDA report); (2) the List of Goods Produced by Child Labor or Forced Labor (TVPRA List); and (3) the List of Products Produced…

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…

Yesterday U.S. Customs and Border Protection (CBP) issued its first finding of forced labor in 24 years (Finding) against importation into the United States of certain goods from a Chinese company.  The Finding was made pursuant to 19 U.S.C. 1307, which prohibits the importation of merchandise mined, manufactured, or produced, wholly or in part, by forced labor, including convict labor, forced child labor, and indentured labor.  Building upon the withhold release order issued in May…

As companies increase their environmental, social and governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures related to ESG performance. Similarly, inventive theories are being put forward to directly attack companies for alleged ESG-related performance and operational deficiencies. In both arenas, there has been a recent growth in efforts to hold companies accountable for supplier misconduct. The expanding growing misstatement and performance litigation…

Employees – including supplier workers – are the backbone of any business. Protecting worker safety in the supply chain is a complex undertaking, and COVID-19 has introduced additional complexities regarding employee safety and remote work. While this blog has touched on modern slavery and trafficking in prior posts, the following are a few of the most recent developments in other areas of worker safety and related considerations to help employers navigate the ever-evolving laws that…

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…

Overview The Alien Tort Statute (“ATS”) has been the subject of several US Supreme Court decisions over the past decade. To summarize its long and complicated past, the ATS is a statute that gives US federal courts jurisdiction to hear lawsuits filed by non-US citizens for torts committed in violation of international law. In recent years, plaintiffs have tried to use the ATS as a vehicle to hold multinational corporations liable for human rights violations…