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The Uyghur Forced Labor Prevention Act: Why and What Importers Need to Know

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The Uyghur Forced Labor Prevention Act: Why and What Importers Need to Know

When you go shopping for a new product, what influences your final purchasing decision? Price? Availability? Quality? Brand? 

For many people, the decision comes down to some balance of these common factors. However, a rising number of consumers now say they also consider the wider societal and environmental impacts of their purchases. Where was the product manufactured? Were the materials ethically sourced? Is this brand known for supporting fair labor practices? 

These kinds of considerations hold heavy weight for today’s shoppers who value sustainability. Whether they’re purchasing clothing, food, electronics, or any other type of goods, they want to buy from companies with similar values. They’re even willing to pay more to do so. In one recent survey, 40 percent of consumers agreed that their purchases are influenced by societal factors—like how a company supports human rights. Other research has found that more than 83 percent of consumers would pay more for a product they could be sure was ethically sourced. 

Similarly, many investors now prioritize companies that demonstrate strong Environmental, Social, and Governance (ESG) metrics. More than 25 percent of global investors say ESG is “central to their investment approach.” Overall, it’s abundantly clear that ethical, sustainable business practices are good for business, good for people, and good for the planet. 

Unfortunately, many companies are still unaware—or worse, turn a blind eye—when it comes to serious human rights violations across their supply chains. 

Taking steps to eradicate human rights abuses 

As of 2021, an estimated 50 million people were living in modern slavery—with 28 million of those people working under forced labor conditions. Though awareness is rising, abuses like slave labor, child labor, and inhumane working conditions remain prevalent in the global supply chain. 

Now, governments around the world are issuing policies designed to tackle modern slavery and drive businesses to adopt ethical supply chain practices. These regulations hold companies more accountable for conducting proper due diligence when working with external partners, purchasing materials, and importing and exporting goods. One of the most recent policies is the United States’ Uyghur Forced Labor Prevention Act (UFLPA). This legislation marks a big step to strengthen U.S. policy on importing goods from China’s Xinjiang Uyghur Autonomous Region (XUAR), where forced labor is all too prevalent. 

A timeline of forced labor in China’s Xinjiang region 

The XUAR is a large territory in Northwest China. The area is rich in natural resources, including industrial materials like oil, natural gas, coal, and polysilicon. It is also a significant source of agricultural products that enter the global supply chain. In fact, Xinjiang produces a whopping 85% of China’s cotton supply and 20% of world’s cotton supply. Unfortunately, all these resources are entwined with conflict and human rights abuses. 

The XUAR is home to about 12 million Uyghurs. They are a predominantly Muslim ethnic minority with their own cultural, religious, and political practices—completely distinct from those of the Han people, China’s ethnic majority. Over the past few decades, the region has been filled with inter-ethnic friction, where acts of repression, intrusive surveillance, and horrific violence have been inflicted on the Uyghur people and other minorities by the Chinese government. 

Since 2017, the Chinese government has involuntarily detained more than a million Uyghurs in what it calls “voluntary vocational education and training centers.” In reality, they are forced labor camps. There, Uyghurs are forced to work without pay, while subjected to political indoctrination and inhumane punishments. Families and communities are being separated, as some are shipped to factories throughout other areas of China. The oppression is so widespread that any business sourcing materials from Xinjiang is almost certainly capitalizing on forced labor and supporting severe exploitation. 

Guilty until proven innocent 

As reports of injustices against the Uyghurs gradually spread, governments around the world began to take action. On December 23, 2021, President Biden signed the UFLPA into law. And on June 21, 2022, the U.S. Customs and Border Protection (CBP) began enforcing the act. 

The UFLPA establishes a rebuttable presumption that any goods mined, produced, or manufactured (either wholly or in part) in the Xinjiang region are a product of forced labor—and thereby prohibited from U.S. importation unless importers can prove otherwise. Put simply, it’s a matter of “guilty until proven innocent.” 

Importers now need to either: 

  • Provide documentation to CBP proving that their goods are were sourced completely from outside Xinjiang 
  • Or, request an exemption backed definitive evidence that their goods were not made with forced labor 

Without the proper documentation, goods may be subject to seizure and forfeiture. Any business found in violation of the UFPLA may face severe penalties. And that’s not to mention major damage to brand reputation that comes along with associations to forced labor. 

However, the complex and fragmented nature of today’s global supply chains make it a big challenge for importers to conduct proper due diligence. Take a fashion retailer, for instance. That company may import finished pairs of jeans from a factory in Mexico, and it can show documented proof. But where did that factory source its denim? And where did that entity source its cotton? Product provenance gets more complicated and clouded the farther you look back up the supply chain. 

Using technology to support global trade compliance 

To help U.S. companies navigate UFLPA compliance, the government has issued an updated version of the Xinjiang Supply Chain Business Advisory. The advisory outlines risks businesses should consider when conducting human rights due diligence. It also emphasizes the need for end-to-end supply chain visibility, traceability, and documentation. 

Moving forward, businesses will need to know their risks and really know their products. Having the right supporting technology will be crucial. A great place to start is with automated global trade compliance software. The software automates trade documents and electronic customs reporting, enabling companies to satisfy compliance requirements, minimize regulatory exposure, perform due diligence, and ensure documentation accuracy—eliminating the time, costs, and labor involved in handling it all manually. 

Here are four key tools to look for in an automated global trade compliance solution: 

  1. Restricted party screening: The U.S. government provides a list of entities in Xinjiang that mine, produce, or manufacture goods with forced labor. The entity list changes frequently, making it nearly impossible for companies to stay on top of changes through manual processes. Using Restricted Party Screening software, companies can automate compliance screening for due diligence. They can get automated alerts on any changes, create audit-ready electronic reports, and ultimately ensure their chosen partners are low risk. 
  2. Global trade compliance analytics: Businesses need ongoing insight into their compliance activities and data. Analytics tools can offer real-time visibility into compliance processing—including screening throughput, transactions under review, and failures. These tools can also monitor license and permit records expiration dates. Overall, these insights help business leaders to make smarter decisions in real time to support trade compliance. 
  3. Supplier relationship management: Many businesses still use spreadsheets and manual processes to manage and collaborate with their suppliers. But this approach is time consuming, costly, and leaves everyone open to risk. Supplier relationship management software serves a single, digital system for managing supplier information, improving supplier selection, and monitoring supplier performance. The software also automatically collects and organizes supplier documents required for regulatory compliance. 
  4. Import Management: By automating import processes, companies can prevent costly delays and clear their trade goods through CBP and other government agencies in a quick and efficient way. Import management software ensures imports are properly classified with the correct commodity codes, then proactively identifies any incoming goods with admissibility requirements. It can also automatically produce the proper import documentation, screen suppliers and supply chain parties from end up end, and much more. 

Supporting a sustainable future 

Government regulations like the UFLPA are undoubtedly a step in the right direction for combatting forced labor. But fully eradicating human rights abuses in the global supply chain will require the combined power of governments, consumers, and businesses alike. Armed with the right information and tools, U.S. businesses can begin to play their part in the effort to create ethical supply chains and a sustainable future for all. 

 

supply chain

HOW I LEARNED TO STOP WORRYING AND LOVE THE NEW NORMAL

With so much having already been written on supply chain disruption over the past 18 months—beginning with the initial shut-down of production in China, to fascinating tales of toilet paper hoarding, and now to the current inability to get backlogged demand through our ports of entry—I was initially reluctant to add yet another article to the stack. So what changed my mind? There are actually two reasons, which I’ll explain.

First, the problems and lessons learned from the COVID-19 pandemic are now forcing companies to become more agile, reassessing every element of their existing supply chains in preparation for the “new/next normal.” It’s now blank sheet of paper time as previous playbooks regarding sourcing, inventory levels, placement and risk mitigation plans (if they even had one) —together with any supporting infrastructure of people, processes and enabling technology—are being tossed out the window.

And while COVID-19 can be credited as the catalyst for forcing companies to perform these assessments, it doesn’t take a pandemic to bring a supply chain to its knees. In addition to the exposure contributed by single-sourcing key goods or from maintaining lean inventory levels (i.e., “Just-in-Time” versus “Just-in-Case”), designing a more resilient, risk-averse global supply-chain will require the inclusion of a broader list of potential risks to consider particularly when selecting foreign suppliers. These should include geopolitical conflicts, socio-economic factors including labor, crime and corruption, limited port capacity/infrastructure, weather-related disruptions and even natural disasters (recall the 2011 earthquake and tsunami in Japan).

Take geopolitical risk, for example. The United States’ over-dependency on China for products ranging from personal protective equipment to rare-earth minerals has made it a growing concern from both a business and a national security perspective. A sobering report by the Hinrich Foundation (“Strategic U.S.-China Decoupling in the Tech Sector”), states that “the China-U.S. geopolitical competition has reached a competitive tipping point and morphed into a new ‘cold war,’” citing an increase in China’s bold hegemonic policies. The report further highlights China’s years of intellectual property theft, growing labor costs, and the more recent special tariffs levied by the Trump administration, as key reasons for an increase in U.S. supply chains decoupling from China and either moving into more risk-averse areas in Southeast China, near-shoring to Mexico or even re-shoring stateside.

In an actual side-by-side near-shoring exercise that compared China with Mexico, the advantages quickly fell to Mexico, citing a shorter supply chain with fewer physical touchpoints (damage/theft/service fees), lower freight costs and eligibility for duty-free entry under the USMCA Free Trade Agreement, as well as side benefits that included ease of communication with vendors and the convenience of traveling to vendor sites.

RISK MANAGEMENT MEETS INDUSTRY 4.0

The second reason for my writing is that there’s another movement afoot that aligns with supply-chain risk initiatives from the position of enabling technology capable of producing even greater resiliency. Labeled as “Industry 4.0,” this next industrial revolution is the result of the substantial transformation that is occurring through the digitization of manufacturing. For context, the first industrial revolution was through the introduction of water and steam power. Steam would give way to electrical power as the second industrial revolution, with the third being born out of the introduction of computers and their ability to automate previously manual tasks. Fast forward to today when the fourth revolution is now further optimizing that automation by connecting computers with smart machines and “disruptive technologies”—such as artificial intelligence (AI), machine learning, advanced business intelligence, predictive analytics and data lakes—capable of removing humans from decision-making processes, including applications capable of identifying and even predicting risk.

Where Industry 4.0 supports supply chain risk initiatives is that the 4.0 movement includes the digitization of global supply chains. This will translate into unprecedented transparency and connectivity across the entire end-to-end order and shipment process, where supporting business functions such as product engineering, procurement, sales & marketing, transportation, trade & customs and accounts payable traditionally operate in respective silos.

For example, take trade & customs operations. Their typical placement near the end of the supply chain process, together with a lack of early visibility to international order, has served for years as a recipe for reactive firefighting as shipments become “stuck in customs” upon arrival until data/documentation issues are resolved. Under a digitized model, silos are replaced with connected supply-chain visibility that would allow trade & customs’ participation to move upstream to the earliest stages of new product build/buy decisions. As a result, they’re now in a position to proactively contribute critical advice on regulatory issues, import admissibility requirements, duty/tax minimization strategies such as tariff engineering, foreign trade zones, free trade agreements or changes in source countries (e.g., avoiding a 25% special tariff on Chinese goods by switching the sourcing to Mexico)—all key factors capable of removing cost, risk and time from their supply-chain.

If you’re currently building a business case to launch your own risk initiative, “Resetting Supply Chains for the Next Normal,” an interesting report from McKinsey & Co., might give you some additional support. For instance, in their survey of 60 senior supply-chain executives across industries and geographies, 85% responded that they struggled with insufficient digital technologies, 93% plan to increase resilience across the supply chain, and 90% plan to increase digital supply-chain talent in-house needed to support that new technology. In short, you’re not alone.

Whether your current project is to address the exposure from disruptions to your supply chain or to digitize the entire enterprise as a result of the increasing disruption caused by technology-driven innovation, what’s becoming clear is that companies will be forced to become agile and adaptive—able to change business models at unprecedented rates of speed in order to survive and thrive in the “new/next normal.”

_____________________________________________________________________

Jerry Peck has more than 30 years of experience in global-trade management. His career has uniquely encompassed nearly every facet of GTM, including third-party logistics, trade operations within Fortune 300 multinationals and professional services consulting firms. Learn more about QAD Precision at precisionsoftware.com.

supply chain

Planning for Survival in the New Normal

With so much having already been written on supply chain disruption over the past eighteen months – beginning with the initial shut-down of production in China, to fascinating tales of toilet paper hoarding, and now to the current inability to get backlogged demand through our ports of entry — I was initially reluctant to add yet another article to the stack. So what changed my mind? There are actually two reasons, which I’ll explain.

First, the problems and lessons learned from the COVID-19 pandemic are now forcing companies to become more agile, reassessing every element of their existing supply chains in preparation for the “new/next normal”. It’s now blank sheet of paper time as previous playbooks regarding sourcing, inventory levels, placement and risk mitigation plans (if they even had one) – together with any supporting infrastructure of people, processes and enabling technology – are being tossed out the window.

And while COVID-19 can be credited as the catalyst for forcing companies to perform these assessments, it doesn’t take a pandemic to bring a supply chain to its knees. In addition to the exposure contributed by single-sourcing key goods or from maintaining lean inventory levels (i.e., “Just-in-Time” versus “Just-in-Case”), designing a more resilient, risk-averse global supply-chain will require the inclusion of a broader list of potential risks to consider particularly when selecting foreign suppliers. These should include geopolitical conflicts, socio-economic factors including labor, crime and corruption, limited port capacity/infrastructure, weather-related disruptions, and even natural disasters (recall the 2011 earthquake and tsunami in Japan).

Take geopolitical risk, for example. The US’s over-dependency on China for products ranging from personal protective equipment (PPU) to rare-earth minerals has made it a growing concern from both a business and a national security perspective. A sobering report by the Hinrich Foundation (“Strategic US-China Decoupling in the Tech Sector”), states that “the China-US geopolitical competition has reached a competitive tipping point and morphed into a new ‘cold war’”, citing an increase in China’s bold hegemonic policies. The report further highlights China’s years of intellectual property theft, growing labor costs, and the more recent special tariffs levied by the Trump administration, as key reasons for an increase in US supply-chains decoupling from China and either moving into more risk-averse areas in Southeast China, near-shoring to Mexico, or even re-shoring to the US.

In an actual side-by-side near-shoring exercise which compared China with Mexico, the advantages quickly fell to Mexico citing a shorter supply chain with fewer physical touchpoints (damage/theft/service fees), lower freight costs, and eligibility for duty-free entry under the USMCA Free Trade Agreement, as well as side benefits that included ease of communication with vendors and the convenience of traveling to vendor sites.

Risk Management Meets Industry 4.0

The second reason for my writing is that there’s another movement afoot that aligns with supply-chain risk initiatives from the position of enabling technology capable of producing even greater resiliency. Labeled as “Industry 4.0”, this next industrial revolution is the result of the substantial transformation that is occurring through the digitization of manufacturing. For context, the first industrial revolution was through the introduction of water and steam power. Steam would give way to electrical power as the second industrial revolution, with the third being born out of the introduction of computers and their ability to automate previously manual tasks. Fast forward to today where the fourth revolution is now further optimizing that automation by connecting computers with smart machines and “disruptive technologies” such as Artificial Intelligence (AI), Machine Learning, Advanced Business Intelligence, Predictive Analytics and Data Lakes, capable of removing humans from decision-making processes, including applications capable of identifying and even predicting risk.

Where Industry 4.0 supports supply-chain risk initiatives is that the 4.0 movement includes the digitization of global supply-chains. This will translate into unprecedented transparency and connectivity across the entire end-to-end order and shipment process where supporting business functions such as Product Engineering, Procurement, Sales & Marketing, Transportation, Trade & Customs and Accounts Payable traditionally operate in respective silos.

For example, take Trade & Customs operations. Its typical placement near the end of the supply chain process, together with a lack of early visibility to international order, has served for years as a recipe for reactive firefighting as shipments become “stuck in customs” upon arrival until data/documentation issues are resolved. Under a digitized model, silos are replaced with connected supply-chain visibility that would allow Trade & Customs’ participation to move upstream to the earliest stages of new product build/buy decisions. As a result, they’re now in a position to proactively contribute critical advice on regulatory issues, import admissibility requirements, duty/tax minimization strategies such as Tariff Engineering, Foreign Trade Zones, Free Trade Agreements or changes in source countries (e.g., avoiding a 25 percent special tariff on Chinese goods by switching the sourcing to Mexico) – all key factors capable of removing cost, risk and time from their supply-chain.

If you’re currently building a business case to launch your own risk initiative, an interesting report from McKinsey & Company (“Resetting Supply Chains for the Next Normal”), might give you some additional support. For instance, in their survey of 60 senior supply-chain executives across industries and geographies, 85 percent responded that they struggled with insufficient digital technologies, 93 percent plan to increase resilience across the supply chain, and 90 percent plan to increase digital supply-chain talent in-house needed to support that new technology. In short, you’re not alone.

Whether your current project is to address the exposure from disruptions to your supply chain or to digitize the entire enterprise as a result of the increasing disruption caused by technology-driven innovation, what’s becoming clear is that companies will be forced to become agile and adaptive — able to change business models at unprecedented rates of speed in order to survive and thrive in the “new/next normal.”

_______________________________________________________________________

Jerry Peck is the Vice President of Product Strategy at QAD Precision, with over 30 years of experience in Global Trade Management. His career has uniquely encompassed nearly every facet of GTM, including third-party logistics, trade operations within Fortune 300 multinationals, and professional services consulting firms.