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FCPA Compliance Report

FCPA Compliance Report – Virginia Newman on Enhancing UFLPA Compliance: Solutions for Forced Labor Prevention

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the latest episode of FCPA Compliance Report, Tom Fox visits Virginia Newman from Miller & Chevalier, an expert on the Uyghur Forced Labor Prevention Act (UFLPA) and supply chain ESG work. Together, they discuss the UFLPA, its affirmative obligation on companies to comply with US import laws, and the burden of proof on businesses to prove their goods were not made using forced labor. Virginia shares valuable insight into the CBP’s enforcement efforts and how companies can exercise reasonable care to avoid having their goods detained. They also delve into trade compliance and third-party screening, predictive mapping, and the long-term changes companies must make to their compliance and sourcing programs. Thomas recommends Virginia as a source of knowledge on the subject because of her passion. Listen to this engaging and informative podcast to better understand the UFLPA and its impact on businesses.

Key Highlights:

  • Virginia’s background and UFLPA
  • US Law Prohibiting Import of Xinjiang-made Goods
  • US Customs’ Role in Enforcing UFLPA
  • CBP’s Forced Labor Technical Expo Solutions
  • Types of Companies for Supply Chain Mapping
  • Impact of a trade war on supply chain compliance

Notable Quotes:

“The US government had an import prohibition for any goods made in whole or in part with forced labor.

“The US import prohibition is one of the longstanding ones that has had the most effect on companies, but it wasn’t enforced too much until about 3 years ago.”

“If your goods are coming from Xinjiang, and you accept that they’re coming from Xinjiang, Then, really, the burden is on you to prove that they’re not made with any forced labor, which is an incredibly high burden and to our knowledge importers have not been trying meet it.”

“Customs put together this enforcement dashboard that contains all of these statistics on how they’ve been enforcing the UFLPA.”

Resources

Virginia Newman on LinkedIn

Miller & Chevalier

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Daily Compliance News

April 20, 2023 – The Staying Quiet Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

Stories we are following in today’s edition:

  • Venezuelan corruption probe snares another PDVSA official. (Reuters)
  • Lawmakers want UFLPA enforced. (WSJ)
  • Staying quiet about export control violations will cost you. (WSJ)
  • FSIA does not apply to instrumentalities. (Reuters)
Categories
Blog

Coming Conflict with China-Business Challenges and Responses: Supply Chain Issues

In the short span of the 21st Century, the world’s two top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? For this special 5-part blog post series, I visited with Brandon Daniels, CEO and President of Exiger, to explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part II, we consider Supply Chain issues.

Have you ever stopped to consider the human rights abuses at the root of the products you use every day? From our solar panels to our computer screens, the exploitation of the Uyghur minority in China is a painful reality that has been hidden from Western consumers for too long. How has the global supply chain issues that have been enabled by this exploitation and how the geopolitical tensions with China must be addressed if we are to ever move past this human rights violation? In this blog post, we explore the implications of the Uyghur Forced Labor Prevention Act, the COVID-19 response, and the need to diversify our supply chains away from China if we are to bring balance to the world and ensure a fair playing field for everyone.

Here are some steps you need to follow to help you to shore up issues caused by China, impacting your Supply Chain.:

  1. Take the issue of Uyghur Forced Labor Prevention Act seriously.
  2. Diversify the supply chain to reduce risk of disruption.
  3. Invest in alternative sources of supply.
  4. Consider reshoring manufacturing to places like the US, UK, etc. with relative stability and free market.
  5. Invest in US manufacturing to increase innovation and provide security.

1.The Uyghur Forced Labor Prevention Act

Taking the issue of Uyghur Forced Labor Prevention Act seriously requires a comprehensive understanding of the human rights abuses taking place in the Xinjiang region of China. This region is home to the minority Uyghur people, who are subjugated by a paramilitary organization that controls all commerce and government functions. The production of items like neon, steel, lithium, and silica relies heavily on these subjugated people, driving down the cost of goods and manipulating economic markets. This is a clear violation of human rights, and it is not justifiable from any perspective. To take the issue of Uyghur Forced Labor Prevention Act seriously, companies must recognize the implications of this human rights violation and take actionable steps to diversify their supply chains, invest in alternative sourcing, and return manufacturing to the US. Taking these steps is essential in order to create a fair playing field and combat the human rights abuses taking place in Xinjiang.

  1. Diversify your supply chain

Diversifying the supply chain is key to reducing the risk of disruption from the conflict with China. Companies should look to invest in other countries in the Asia Pacific region such as Vietnam, Malaysia, and Cambodia, who are open for business and have less stringent regulations than China. Companies should also consider reshoring, which means bringing manufacturing back to the United States or other countries with more stable free market economies. This will help limit exposure to potential disruptions due to geopolitical tensions in China. You should review your long-term supply chain strategy, to include investing in alternative sources of materials and suppliers can help ensure continuity of operations and reduce the risk of disruption. Finally, companies should consider investing in research and development to create alternative sources of goods to diversify the supply chain and limit their exposure to potential disruptions from the conflict with China.

  1. Invest in alternative sources of supply

When considering how to address the issues of human rights abuses and Supply Chain interruptions due to China, it is important to consider investing in alternative sources of supply. Mexico, Vietnam, Malaysia, and Indonesia are all countries that offer alternative sources of supply, and they are more likely to be subject to less geopolitical tensions than China. To ensure Supply Chain security and to mitigate the risk of human rights abuses, companies should consider investing in these countries. This could include establishing manufacturing plants in these countries, as well as working with local vendors to source the necessary raw materials. Additionally, companies should consider investing in research and development in these countries to develop alternative technologies that are not dependent on Chinese resources. By investing in alternative sources of supply, companies can ensure a secure and ethical supply chain, which is essential for the long-term success of any business.

  1. Consider reshoring manufacturing

When it comes to considering reshoring manufacturing to more stable and free market sites such as the US, UK, etc.; the first step is to make sure to diversify your Supply Chain. This could mean making investments in alternative suppliers to ensure that the company is not solely reliant on one given country or region. Businesses should look into the opportunities of reshoring to the US and UK to take advantage of the 525,000 underutilized manufacturers in the US. Doing this could make it more cost effective and provide an additional layer of security in the event of a conflict with China. Lastly, companies should also consider investing in local manufacturing in the Asia Pacific region, such as in Vietnam, Malaysia, and Indonesia, to take advantage of these countries’ open for business attitude. This could help to bring about innovation and balance to the world’s Supply Chains.

  1. Invest in US manufacturing

Investing in US manufacturing is the fifth step in addressing the geopolitical tensions between China and the US. This step is essential to increase innovation and provide security. US companies must take seriously the idea of “reshoring” or bringing back manufacturing to the US. There are currently 525,000 manufacturers in the US that have the potential to be utilized. To make this possible, investments must be made in order to ensure that goods can be manufactured cost-effectively and with the highest quality. This will provide stability and security in the potential conflict with China, as well as providing innovative goods that are manufactured within the US. It may take time and money to invest in US manufacturing, but the potential reward is worth it.

The issue of Uyghur Forced Labor Prevention Act is a serious one, and companies must take proactive steps to ensure that their supply chains are secure and ethical. Diversifying the supply chain is essential in order to reduce the risk of disruption due to geopolitical tensions and investing in alternative sources of supply such as Mexico, Vietnam, Malaysia, and Indonesia is a great way to do this. Companies should investigate reshoring manufacturing to places like the US and UK, as this will provide an additional layer of security and help to create a fair playing field for everyone. Finally, companies should invest in US manufacturing to increase innovation and provide security. By taking these steps, companies can help to ensure a secure and ethical supply chain and combat the human rights abuses taking place in Xinjiang. With the right mindset and actionable steps, we can all make a difference in the world and create a better future for everyone.

For a deeper dive into these issues, check out the 5-part podcast series with Tom Fox and Brandon Daniels, here.

Categories
Daily Compliance News

December 23, 2022 – The Lonely at the Top Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you four compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Stories we are following in today’s edition of Daily Compliance News:

  • What the year in crypto taught us. (FT)
  • Senate probing automaker’s use of Uyghur forced labor. (WSJ)
  • Bye-Bye Bieber. (BBC)
  • SBF is getting lonely. (NYT)
Categories
Daily Compliance News

November 19, 2022 the Elizabeth Holmes Sentenced Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you four compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Stories we are following in today’s edition of Daily Compliance News:

  • Don’t try to avoid UFLPA. (WSJ)
  • Elizabeth Holmes was sentenced. (WSJ)
  • Deutsche Bank trader sues the bank for framing him. (FT)
  • New FTX CEO says the company had the worst controls he’s ever seen. (NYT)
Categories
The ESG Report

UFLPA, Supply Chain & ESG with Travis Miller and Jamie Wallisch

 

Tom Fox welcomes Travis Miller and Jamie Wallisch to the ESG Report. In this episode, they talk about the Uyghur Forced Labor Prevention Act (UFLPA), and how it impacts the way companies do business across the supply chain.

 

 

The UFLPA is a United States federal law that stops companies from importing products made with forced labor in the Xinjiang region of China or any other part of China with forced labor by workers or other minorities. This law is important because it makes sure that companies are aware of what is happening and take steps to stop it. The UFLPA makes companies use processes that already exist in their business. To follow the UFLPA, your company would need to have a compliance program in place. Jamie also explains how regulators could assess companies’ compliance programs using the UFLPA. 

 

Organizations need to recognize their organizational footprint because each company out there affects more than just the people who work there. It’s not just about who you choose to do business with but also who you choose to profit from. You can’t just condemn bad business practices verbally. You have to be actively engaged in ethical behavior. “It’s this assessment, it’s this realization that you are the sum of your components. You are the sum of your relationships,” Travis adds. 

 

Resources

Travis Miller | LinkedIn 

Jamie Wallash  

Assent

 

Categories
Innovation in Compliance

Supply Chain and ESG – What You Need to Know: Episode 2 – UFLPA, Supply Chains and ESG with Travis Miller and Jamie Wallisch

 

Tom Fox welcomes Travis Miller and Jamie Wallisch to part 2 of the Supply Chain and ESG – What You Need to Know podcast series, sponsored by Assent. In this episode, they talk about the Uyghur Forced Labor Prevention Act (UFLPA), and how it impacts the way companies do business across the supply chain.

 

 

The UFLPA is a United States federal law that stops companies from importing products made with forced labor in the Xinjiang region of China, or any other part of China with forced labor by workers or other minorities. This law is important because it makes sure that companies are aware of what is happening and take steps to stop it. The UFLPA makes companies use processes that already exist in their business. To follow the UFLPA, your company would need to have a compliance program in place. Jamie also explains how regulators could assess companies’ compliance programs using the UFLPA. 

 

For ESG to succeed, ESG is important for companies to do well. Each company out there affects more than just the people who work there. It’s not just about who you choose to do business with, but also who you choose to profit from. You can’t just condemn bad business practices verbally. You have to be actively engaged in ethical behavior. 

 

Resources

Assent

 

Categories
Blog

Supply Chain and ESG-What You Need to Know: UFLPA, Supply Chains and ESG

I recently had the opportunity to visit with several folks from Assent Inc. for a sponsored podcast series entitled Supply Chain and ESG – What You Need to Know. We discussed: ESG drivers with Jared Connors and James Calder; UFLPA, Supply Chain and ESG with Travis Miller and Jamie Wallisch; the New World of Product Compliance and ESG, with Cally Edgren and Devin O’Herron; Emissions Reporting Strategies with Devin O’Herron and Jared Connors; and Responsible Minerals, Supply Chain and ESG, with Jared Connors and Daniel Zamora. Today we review the intersection of the Uyghur Forced Labor Prevention Act (UFLPA), Supply Chains and ESG.

The UFLPA is a law which targets goods made, whole or in part, by forced labor in the China Jing Jang region or made by forced labor in other parts of China by Uighurs, or other minorities. Wallisch explained that it is designed to operate as a de facto trade ban on goods from the Jing Jang region of China. US businesses will face the high burden needed to overcome an expectation of forced labor presumption. Wallisch believes this is the most “significant law placed around the issue of forced labor, and it has the most tangible and concrete terms of repercussions, that companies can potentially face.” Further, she believes the key will be around your documentation to provide to US Customs and Border Protection. Miller noted that this means if you are “asking companies to look back into where the actual sand came from, that got turned into the silica, that got turned into the semiconductor, that got turned into the circuit board, that got turned into the device that finds its way into your laptop. There’s just never been anything like it.”

Interestingly, this ties directly into a company’s overall ESG framework as it is combining all elements in such a program. When you tie the UFLPA, together with anti-corruption laws such as the Foreign Corrupt Practices Act (FCPA), export controls laws and regulations enacted by both the Trump and Biden Administrations and anti-money laundering (AML) laws, such as the AML Law of 2020, you begin to see a more integrated approach by the government and how companies must respond with an integrated approach such as a corporate ESG program. Wallisch concluded, “it’s really signaling the intersectionality of all these particular topics under ESG.”

Miller noted, interestingly, about how much this law and its guidance weave together existing business processes. He believes the UFLPA was “birthed out of the America Supply Chain Executive Order in the US/China trade war, which was focused on semiconductors, critical, raw materials elements that are the subject of the extractives. To comply with it, you could not actually start unless you already had a product compliance program in place. This means that if you do not know the bill of materials, if you do not have an approved vendor list, if you do not know where your components are being manufactured; how do you even begin the ESG program? So really in my opinion, the UFLPA is not novel in that it created something new; it is  novel in that it is forcing companies to use all the existing business processes to tie back the breadcrumbs and figure out things that they should already know and then to be responsible for reporting on them.”

Miller believes that even with the UFLPA and other regulatory initiatives, the real driver here is business and business operations. He believes it will require organizations to recognize that their organizational footprint, for each business extends beyond the four corners of the organization. This will come into play for financing whether through private equity investment, public market offerings, bank loans or other mechanisms. It has not extended down into individual responses to requests for quotes in the business world.

Equally importantly, he said, “it’s also about who you chose to do business with, who you chose to profit from, and it’s not enough that you can just say, well, I outsource the bad stuff; slaves being used in my supply chain and bribery occurring in the same place. That is no longer a sufficient answer. It’s this assessment, it’s this realization that you are the sum of your components. You are the sum of your relationships. The business is not an island. It’s everything being pulled together and your entire impact on the globe, on the people on the world, on the business processes that derives your profitability now must be considered. And that’s quite revolutionary. If you think about it.”

Join us in Part 3, where we consider the new world of product compliance and ESG.

To listen to the podcast this blog post is based upon, click here.

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Daily Compliance News

June 21, 2022 the Red Flags for Forced Labor Edition


In today’s edition of Daily Compliance News:

  • Red Flags for forced labor in China battery-making supply chain. (NYT)
  • Will corruption prevent Ukraine from joining the EU? (NYT)
  • What are Scope 4 emissions? (Bloomberg)
  • Uyghur Forced Labor Prevention Act (UFLPA) is poised to go live. (BBC)