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Baker McKenzie’s Global Supply Chain Compliance Blog recently published a post entitled, “UK, US and Canadian Governments Announce New Measures Over Alleged Xinjiang, China Human Rights Concerns”.  The new blog post can be found here.  The post outlines recent measures introduced by the governments of the United Kingdom, the United States, and Canada in response to the alleged human rights violations taking place in Xinjian, China.  The new measures implemented by these governments include enhanced due diligence requirements…

On 12 January 2021, UK Foreign Secretary Dominic Raab announced new measures to ensure that UK companies are neither complicit in, nor profit from, alleged human rights violations in Xinjiang, China. See press release here. Under the new measures, the UK will review export controls in order to prevent exports of goods potentially contributing, either directly or indirectly, to alleged human rights abuses in Xinjiang. This review will determine specific items that will become subject to…

On January 12, 2021, Global Affairs Canada announced that the Hon. François-Philippe Champagne, Minister of Foreign Affairs, and the Hon. Mary Ng, Minister of Small Business, Export Promotion, and International Trade announced measures related to the human rights situation in the Xinjiang Uyghur Autonomous Region. Canada is gravely concerned with evidence and reports of human rights violations in the People’s Republic of China involving members of the Uyghur ethnic minority and other minorities within the…

On December 2, 2020, the Department of Homeland Security (DHS) announced that US Customs and Border Protection (CBP) Office of Trade directed the issuance of a Withhold Release Order (WRO) against cotton products originating from the Xinjiang Production and Construction Corps (XPCC).in China based on information that reasonably indicates the use of forced labor, including convict labor. The WRO applies to all cotton and cotton products produced by the XPCC and its subordinate and affiliated…

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 Kyrgyz, ethnic Kazakhs and other Muslim minority groups, in the Xinjiang Uyghur Autonomous Region (“Xinjiang”) in China…

What has changed? On March 11, 2020, the Congressional-Executive Commission on China (“CECC”) announced new proposed legislation, the Uyghur Forced Labor Prevention Act, co-sponsored by the chairs of the CECC, Rep. Jim McGovern (D – MA) and Sen. Marco Rubio (R – FL), targeting supply chains linked to forced labor in the Xinjiang Uyghur Autonomous Region in China. The Uyghur Forced Labor Prevention Act would establish a rebuttable presumption that all labor occurring in Xinjiang, China,…

On December 22, 2020, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published a final rule (“Final Rule”) in the Federal Register adding 77 entities and individuals to the Entity List, including several prominent Chinese multinationals (together, the “Designees”). The Final Rule took effect on December 18, 2020. On the same day, BIS also published FAQs related to its recent expansion of the foreign-produced direct product rule (the “Huawei FPDP Rule”). Entity List Designations In press statements (here and here) released with the…

On September 14, 2020, US Customs and Border Protection (CBP) announced that it had issued five Withhold Release Orders (WRO) on products from the People’s Republic of China (PRC). CBP said the products subject to the WROs are produced with state-sponsored forced labor in the Xinjiang Uyghur Autonomous Region, where the Chinese government is engaged in systemic human rights abuses against the Uyghur people and other ethnic and religious minorities. The new WROs direct CBP…

On October 9, 2019, the US Commerce Department’s Bureau of Industry and Security (BIS) added 28 Chinese entities to the Entity List because they are accused by the US Government of being associated with human rights violations and abuses against Uighurs, Kazakhs, and other members of Muslim minority groups in the Xinijiang Uighur Autonomous Region (XUAR). All exports, reexports, or in-country transfers of items (i.e., goods, software, technology) subject to the Export Administration Regulations (EAR),…