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In Corruption

US Government Releases Cambodia Corruption and Human Rights Corporate Advisory

by 5 Mins Read

On November 10, the Department of State (“DOS”), Department of Treasury, and Department of Commerce released an advisory titled “Considerations for US Companies and Organizations that Conduct Business in Cambodia within Key Sectors or in Partnership with High Risk Entities” (the “Cambodia Advisory”). The Cambodia Advisory is focused on corporations and, according to the accompanying press release, is meant to caution businesses currently operating, or considering operations, in Cambodia to be mindful of interactions with…

In Forced Labor

US Court Dismissed Cobalt Mining Forced Labor Lawsuit Against Tech Companies

by and 5 Mins Read

Background on Lawsuit On November 2, the United States District Court for the District of Columbia dismissed the suit brought by a class of child laborers who mine cobalt in the Democratic Republic of Congo (“DRC”) against several US tech companies under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) and several common law based causes of action. TVPRA allows victims of human trafficking and certain other crimes such as forced labor to bring civil claims…

In Compliance

Department of Labor Requests Comments on Forced and Child Labor Reports

by and 4 Mins Read

On October 8, 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 that are published by the US Bureau of International Labor Affairs (“ILAB”).  The comments will be used in preparing the 2022 edition of the TDA Report and TVPRA List, as well as any updates to the E.O. List.  The three reports are the US…

In Compliance

Proposed EU Forced Labour Import Ban

by , , and 3 Mins Read

On 15 September, during the 2021 State of the Union Address, EU Commission President Ursula von der Leyen announced the European Commission’s intention to introduce a ban on the import of products made with forced labour into the EU market. In her Address, the Commission President noted that there are “25 million people…who are threatened or coerced into forced labour” and that “doing business around the world…can never be done at the expense of people’s…

In Forced Labor

US Customs and Border Protection Issues FAQs on Forced Labor Reiterating Commitment to Enforcement and Encouraging Companies to Implement Compliance Programs

by , and 4 Mins Read

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…

In Forced Labor

New European Due Diligence Guidance Published to Address Forced Labor in Supply Chains

by , , and 4 Mins Read

On 12 July the European Commission and the European External Actions Service (EEAS) published guidance on “due diligence for EU businesses to address the risk of forced labour in their operations and supply chains”. The non-binding guidance seeks to provide European companies with practical advice on the implementation of effective human rights due diligence practices to address forced labour risks in their supply chains. It also provides an overview of international standards and principles on responsible business…

In ESG

Supreme Court Sides with Chocolate Companies in Forced Labor Case

by 4 Mins Read

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 Forced Labor

US CBP Bans Import of Seafood by Fleet Suspected of Using Forced Labor

by 1 Min Read

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…

In Customs

U.S. Customs and Border Protection Issues Guidance on WRO Modification and Revocation Process

by 3 Mins Read

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…