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Upping Your Compliance Game, Part 2 – Compliance, Ethics and Your Supply Chain

The Trump Administration has suspended FCPA enforcement for the foreseeable future. What does that mean for compliance professionals? Hui Chen has suggested this should be seen as an opportunity for compliance, but to do so, “It’s time to up your game . . . Instead of selling insurance for FCPA enforcement, become leaders that help your organizations perform.” Based on this challenge by perhaps the most imminent compliance commentator around, I am going to devote the next several blog posts to ways in which compliance professionals can indeed up their collective game and demonstrate the importance of not simply compliance but ethics and compliance. Today, it is in your Supply Chain.

Have you ever stopped to consider the human rights abuses at the root of the products you use daily? From solar panels to computer screens, the exploitation of the Uyghur minority in China is a painful reality that has been hidden from Western consumers for far too long. Compliance professionals must now confront this issue head-on, ensuring their organizations meet regulatory requirements and uphold ethical business practices.

The global supply chain, long enabled by forced labor and geopolitical complexities, faces a reckoning. The Uyghur Forced Labor Prevention Act (UFLPA), the shifting dynamics of global trade post-COVID-19, and increasing tensions with China all underscore the urgent need for corporations to re-evaluate their sourcing strategies. Let’s explore the key measures compliance professionals must take to mitigate these risks and establish a more ethical and resilient supply chain.

UFLPA represents a turning point in corporate responsibility. This legislation prohibits goods made wholly or partly in Xinjiang from entering the U.S. unless companies can provide clear and convincing evidence that their products are free from forced labor. Given the widespread exploitation in this region, achieving compliance is no small feat.

Xinjiang, home to the oppressed Uyghur population, is a major hub for materials like neon, steel, lithium, and silica, which are critical components in many industries. These industries, controlled by paramilitary organizations, thrive on forced labor, driving down production costs while manipulating global markets.

For compliance professionals, this presents a major challenge. Companies must:

  • Conduct thorough supply chain audits.
  • Require suppliers to provide clear documentation proving ethical sourcing.
  • Leverage technology, such as blockchain, to improve transparency.
  • Engage with third-party investigators to conduct independent assessments.

Taking UFLPA compliance seriously is not just a legal obligation but a moral one. Companies that fail to act risk hefty fines and irreparable reputational damage.

Diversifying the Supply Chain: A Risk Management Necessity

Over-reliance on China has long been a vulnerability, and recent geopolitical tensions have only magnified this risk. A diversified supply chain is an ethical imperative and a strategic advantage. Companies can mitigate supply chain disruptions and regulatory exposure by expanding sourcing beyond China.

Compliance professionals should advocate for:

  • Investment in Southeast Asia. Vietnam, Malaysia, and Cambodia offer alternative sourcing opportunities with fewer ethical concerns and growing industrial capabilities.
  • Nearshoring to North America. Mexico presents an interesting alternative because of its proximity to the U.S. and its established manufacturing sector.
  • Enhanced supplier due diligence. Companies must ensure that alternative suppliers comply with international labor and human rights standards.

The ability to pivot away from forced labor-dependent supply chains will help companies meet compliance requirements and enhance long-term business continuity.

Investing in Alternative Sources of Supply

Beyond geographic diversification, businesses must rethink their sourcing strategies to ensure sustainability and security. Investing in alternative materials and innovative technologies can reduce dependence on high-risk supply chains.

Key actions include:

  • Developing alternative raw material sources. Lithium, silica, and other key materials can be sourced outside of Xinjiang, reducing exposure to forced labor risks.
  • Strengthening partnerships with ethical suppliers. Vetting and fostering long-term relationships with suppliers in ethical jurisdictions ensures compliance and reliability.
  • Investing in R&D for alternative technologies, such as researching new production methods and materials, can help reduce dependence on unethical sources.

Compliance officers must take the lead in integrating these strategies into corporate supply chain policies, ensuring that ethical considerations are embedded in procurement decisions.

Reshoring Manufacturing: Enhancing Security and Compliance

Reshoring, bringing manufacturing back to stable, free-market economies, presents an interesting solution to supply chain vulnerabilities. Companies that invest in domestic or nearshore production benefit from:

  • Greater regulatory oversight and labor protections.
  • Reduced risks of tariffs, sanctions, and trade restrictions.
  • Shorter, more resilient supply chains.

The U.S. and UK, in particular, offer untapped manufacturing potential with over 525,000 underutilized manufacturers in the U.S. alone. Reshoring can help companies mitigate the risks associated with China while bolstering domestic economies.

For compliance professionals, reshoring initiatives should be integrated into long-term corporate strategy discussions. While the initial costs may be higher, the long-term benefits—ethical assurance, reduced risk exposure, and supply chain resilience—far outweigh the challenges.

The Case for Investing in U.S. Manufacturing

Beyond reshoring, direct investment in U.S. manufacturing presents an opportunity to ensure both ethical and economic stability. Compliance professionals should advocate for:

  • Incentives for domestic production. Lobbying for tax incentives and subsidies can help make U.S. manufacturing cost-competitive.
  • Strengthening workforce training programs. Investing in a skilled domestic workforce ensures long-term manufacturing sustainability.
  • Leveraging technology to enhance efficiency. Automation and advanced manufacturing techniques can offset higher labor costs, making U.S. production more viable.

With 525,000 manufacturers in the U.S. currently underutilized, the potential for strengthening domestic supply chains is immense. Businesses willing to make this investment will gain ethical credibility and a long-term competitive advantage.

The Compliance Mandate for Ethical Supply Chains

The Uyghur Forced Labor Prevention Act, geopolitical tensions with China, and the need for supply chain diversification are not just news headlines but corporate compliance imperatives. Companies that fail to address these challenges risk legal consequences, operational disruptions, and reputational harm.

To navigate this evolving landscape, compliance professionals must:

  • Ensure rigorous UFLPA compliance through enhanced audits and documentation requirements.
  • Advocate for supply chain diversification to mitigate reliance on high-risk regions.
  • Invest in alternative sourcing and ethical suppliers to ensure business continuity.
  • Consider reshoring manufacturing to enhance oversight and security.
  • Champion investment in U.S. manufacturing as a long-term compliance and business strategy.

By taking these steps, companies can move beyond reactive compliance and become proactive leaders in ethical business practices. The future of corporate supply chains must be built on transparency, sustainability, and respect for human rights. Compliance professionals are uniquely positioned to drive this change, ensuring regulatory adherence and a more just and equitable global marketplace.

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Coming Conflict with China

Coming Conflict with China: Part 2-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? In this special 5-part podcast series, Tom Fox and Brandon Daniels, CEO of Exiger, a leading global third-party and supply chain management software company, 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 discuss the issues in the Supply Chain, including issues of human rights, forced labor, and supply chain management in the Asia Pacific region.

Obviously, the issues around Uyghur forced labor in China are an important consideration for all American businesses with supply chains in China. While that issue focuses on human rights, it is also a wider world economic issue that requires a business solution. The key is to diversify the supply of goods, investing in other countries’ manufacturing capabilities to ensure that human rights abuses do not go unchecked.

Key Highlights:

1. What is the inextricable connection between human rights and economic policy when it comes to current geopolitical tensions with China?
2. How is the subjugation of Uyghurs in Xinjiang impacting the global economy?
3. What risks does reliance on China’s manufacturing pose for businesses, and how can companies diversify their supply chain to mitigate them?

Notable Quote

“It just takes investment. It takes time, but it’s an investment worth having because it provides us security in the potential and the ever more serious potential of a conflict with China.”

Resources

Exiger

Tom Fox

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Other episodes in this Series:
Episode 1-From Potential Conflict to Real Danger

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Daily Compliance News

December 7, 2022 – The Chief Critical Officer 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:

  • Is the German business model broken? (FT)
  • GOP drooling as Indonesia bans sex outside of marriage. (Reuters)
  • Global auto supply chain in Xingjian? (NYT)
  • Do you need a Chief Critical Officer? (Bloomberg)
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Hidden Traffic Podcast

Developments in Human Trafficking and Forced Labor Prevention

 

In this solo episode of the Hidden Traffic Podcast, host Gwen Hassan discusses recent developments in human trafficking and forced labor prevention. She shares with listeners a snapshot of where Hidden Traffic is headed over the next few months as 2022 draws to a close.

 

 

There has been a flurry of activity around the Uyghur Forced Labor Prevention Act, Gwen claims. It has been driving broader conversations among companies about their supply chains, serving as an impetus to examine where they source their products from and if they have been enabling entities that violate human rights. Even companies that are truly domestic have now started full-scale risk assessment processes for forced labor risk within their supply chain.

 

It really has stemmed from UFLPA work, because many of them are concerned they may have private label goods that are manufactured for them under a contract manufacturing arrangement overseas. They’ve become aware of the fact that they may be caught up in a forced labor situation, even if it’s not their own labor or their own manufacturing.

 

Resources

Gwen Hassan on LinkedIn

 

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Hidden Traffic Podcast

More About the Uyghur Forced Labor Prevention Act with Virginia Newman

 

Virginia Newman is a trade and white-collar compliance attorney, and counsel in the international department at Miller & Chevalier. She advises on Foreign Corrupt Practices Act (FCPA), anti-money laundering (AML), securities laws, anti-forced labor laws, and other human rights-related issues. Virginia also specializes in investigations and litigation. She joins host Gwen Hassan to explore key points in the Uyghur Forced Labor Prevention Act.

 

 

There has been a debate around which comes first: mapping your supply chain or doing a risk assessment. Rather than making it a chicken or the egg scenario, Virginia believes mapping your supply chain is a part of a risk assessment and due diligence. The first step in performing a risk assessment is discussing your products with your product team, she shares: figuring out which products have high-risk inputs, and which ones you should focus on mapping first.

 

This is especially important for large companies that import and distribute countless products. There may be too many products to have a fully mapped and detailed supply chain for every one of them. Taking it one input at a time breaks down the line item list to a more manageable level.

 

Resources

Virginia Newman on LinkedIn

 

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Hidden Traffic Podcast

Supply Chains and Risk Assessments with Mollie Sitkowski


 
Mollie Sitkowski is Trade Compliance Counsel at Faegre Drinker, where she handles import and export control and compliance work on behalf of the firm’s clients. She has assisted numerous clients in developing and implementing import and export compliance programs and offers continued training to the business areas that touch on import and export compliance. She returns in this episode to discuss key points about the Uyghur Forced Labor Prevention Act.
 

 
Customs has been advocating forced labor risk assessments since the consumptive demand loophole that allowed companies to import goods made by forced labor was taken out. However, aside from companies in very high-risk industries such as textiles, most companies weren’t conducting these risk assessments. Mollie advises listeners to start mapping out supply chains and identifying ones with the highest risk – you can’t assess your risk without knowing your supply chain. 
 
Every company should have a supplier code of conduct, Mollie adds. The best practice would be flowing down the requirements from your first-tier suppliers to their suppliers, because the manufacturers also need to be on board and held responsible.
 
Resources
Mollie Sitkowski on LinkedIn
 

Categories
Compliance Kitchen

Uyghur Forced Labor Prevention Act


CBP details out the Uyghur Forced Labor Prevention Act; requests public comment.