Nine months after the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, the Biden Administration shows no signs of easing up on its tenacious enforcement of the Act’s import ban. At the same time, the Administration’s approach is still developing and it will take more data collection, multi-stakeholder information sharing, as well as
Corporate Social Responsibility & The Law
Foley Hoag’s unique Corporate Social Responsibility (CSR) practice was launched in 2000 and provides counsel to multinational companies, governments, and multilateral institutions regarding social, political, and environmental challenges.
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CBP Releases Guidance for Compliance Requirements Under the Uyghur Forced Labor Prevention Act
Key Takeaways:
- Starting on June 21, 2022, all goods produced in whole or in part in the Xinjiang region or by entities on the UFLPA Entity List will be presumed to be made with forced labor and will be prohibited from entry into the U.S.
- Importers must provide “clear and convincing” evidence to CBP to
…
New U.S Legislation Would Require Forced Labor Audits
By Isa Mirza
On February 3, Senators Josh Hawley (R-MO) and Kirsten Gillibrand (D-NY) introduced the Slave-Free Business Certification Act of 2022. The legislation aims to provide U.S. policymakers with greater assurances that companies are taking concrete steps to eradicate forced labor where their supply chains directly involve workers’ inputs, but would also significantly increase their due…
Proposed Legislation in New York Aims to Set New Standards for Worker Rights and Environmental Sustainability in Fashion Industry
By Isa Mirza
On January 7, New York State Senator Alessandra Biaggi (D) and Assemblywoman Anna R. Kelles (D) introduced the Fashion Sustainability Act into the New York State Legislature. If passed and signed into law, the Act would create significant reporting requirements related to environmental sustainability, social development (in particular worker rights), and ethical business (ESG) standards…
Ending Forced Labor in Xinjiang: A New Standard for Importers & Corporate Due Diligence
By Isa Mirza
OverviewThe U.S. Congress has passed a landmark piece of legislation that prohibits the importation of goods from an entire region due to the high risk of severe forced labor abuses there. The legislation – the Uyghur Forced Labor Prevention Act (H.R. 6256) – has been a congressional work in progress for several years and comes…
New CBP Withhold Release Order Again Targets Forced Labor in the Seafood Industry
On August 4, 2021, U.S. Customs and Border Protection (“CBP”) released a Withhold Release Order (“WRO”) on tuna and other seafood harvested by the Hangton No. 112, a Fijian flagged and owned longliner fishing vessel. According to CBP, information discovered during its investigation reasonably indicated that such seafood was harvested with forced labor. As a…
Congress A Step Closer to Making Corporate ESG Disclosure Mandatory
By Isa Mirza
On June 16, 2021, the U.S. House of Representatives passed legislation that would impose new ESG due diligence and disclosure requirements on publicly traded companies. H.R. 1187, the ESG Disclosure Simplification Act of 2021 – would require publicly traded companies to disclose their commitments to ensuring that environmental, social (human rights), and good governance standards…
New E.U. Measure on Environmental and Human Rights Due Diligence Has Far-Reaching Implications for Companies Operating in Europe and Beyond
By Isa Mirza
On March 10, 2021, the European Parliament approved a legislative measure by an overwhelming 504-79 majority that paves the way for a landmark set of regulations setting a corporate duty of care regarding environmental protection and sustainability, internationally recognized human rights principles, and good governance practices – collectively referred to as ESG standards. Although the…
Data Privacy Day Reflections – Compliance, Governance, Ethics (and AI)
Cross-posted from Security, Privacy & the Law
January 28 is Data Privacy Day, and on this 14th annual Data Privacy Day, I find myself reflecting on the question of data ethics.
Far from being an academic concept, “data ethics” presents a model for data management with real practical implications for organizations. (I should note that…
Watch Now: Beyond Compliance: Privacy, Artificial Intelligence, and the Ethical Implications for Businesses
By Foley Hoag
Rapidly-shifting regulatory requirements affecting data privacy often leave businesses struggling not only to keep up with immediate compliance needs, but also wondering how they can “future proof” their businesses to account for increasingly robust laws. And as the technology around artificial intelligence increases in sophistication and ubiquity, lawmakers and consumers are taking notice and action.…