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On 14 December 2023, the European Council[1] and the European Parliament[2] announced that they have reached a provisional agreement on the new Corporate Sustainability Due Diligence Directive (“CSDDD”), which sets out obligations for companies to mitigate their negative impact on human rights and the environment, around issues such as child labor, slavery, labor exploitation, biodiversity loss, pollution and environmental degradation. This provisional agreement marks a significant milestone in the legislative process of introducing the CSDDD…

This article provides an overview of the global rise in human and labour rights legislation linked to trade measures. In particular, it examines: The Rise of International Human and Labour Rights Legislation Linked to Trade Measures Over the past decade there has been an accelerating trend toward a global legal regulatory framework requiring entities to comply with international human and labour rights in their own enterprise and supply chains through, what is referred to…

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. …

Webinar #1 On November 16, Baker McKenzie International Human Rights lawyer Kevin Coon participated in the Association of Corporate Counsel Middle East and North Africa program on International labour standards & human rights: Risk mitigation for business. Please click here to view a recording of the webinar. Webinar #2 On October 28th, Baker McKenzie International Human Rights lawyer Kevin Coon was joined for a conversation with Canada’s first Ombudsperson for Responsible Enterprise Sheri Meyerhoffer, to explore the mandate of the Office…

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…

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…

Exploring Canada’s Unique Response to Business and Human Rights Thursday, October 28, 202112:00 pm – 1:00 pm ET Join Baker McKenzie Partner, Kevin Coon for a conversation with Canada’s first Ombudsperson for Responsible Enterprise, Sheri Meyerhoffer.June 2021 marked the 10th anniversary of the United Nations Guiding Principles on Business and Human Rights (UNGPs), the leading global framework for the respective duties and responsibilities of governments and businesses to safeguard human rights in economic activities.To address international…

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…

Note that this post originally appeared on Baker McKenzie’s Sanctions and Export Controls Update blog. On July 1, 2020, the US Department of State, jointly with the US Department of Treasury, the US Department of Commerce, and the US Department of Homeland Security, issued an advisory (the “Advisory”) to caution US businesses about the risks of supply chain links to entities that allegedly engage in human rights abuses including the forced labor of Uyghurs, ethnic…

Governments around the world continue to signal that companies should prepare for a future where responsible sourcing programs that include supply chain human rights due diligence become a legal obligation. On February 20, 2020, the European Commission published a report titled “Study on due diligence requirements through the supply chain” (“the EC Study”) which examined the need for a EU-level regulation of corporate due diligence obligations aimed at identifying, preventing, mitigating and accounting for human…