强制劳动执法行动
Forced labor has been a persistent topic in the world of supply chain for years but has grown in significance since around 2016 due in part to legislative actions taken in the United States. A great deal of information regarding forced labor and the global initiatives to prevent it is readily available. 什么是强迫劳动? The International Labour Organization has identified eleven indicators of forced labor, 包括隔离, 行动限制, 扣工资, 欺骗, 过度加班, 和恐吓.
In light of the recent implementation of the 维吾尔族强迫劳动防治法 (UFLPA)在美国, 稽查员 is committed to being an information resource for our customers on forced labor issues, 包括执行. 我们的目标是解释, 提供背景和资源, and support our customers at whatever level of compliance they are at, always striving to enhance and improve compliance.
In 2021
有超过27个.5 million people estimated globally as victims of forced labor
我们在私营经济吗
被强迫进行性剥削
我们处于国有经济吗
美国强制劳动法规
US Statutes with 语言 on 强迫劳动 Enforcement
- 1930年关税法案，第307条
- United States – Mexico – Canada Agreement (USMCA)
- 人口贩运受害者保护法
- Uyghur Human Rights Policy Act of 2020
- Global Magnitsky Human Rights Accountability Act
- Countering Americas Adversaries Through Sanctions Act
- 维吾尔族强迫劳动防治法
第307节执法行动
所有商品, 商品, 文章, 商品开采, 生产, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited…” Section 307, 1930年关税法案.S.C. § 1307)
US 海关及边境保护 (海关与边境保护局) enforces this statute through two mechanisms – Withhold Release Orders (WRO) and Findings. If 海关与边境保护局 has reasonable suspicion about the presence of forced labor in specific goods from a country, then a Withhold Release Order is used to detain those goods pending further review of the shipment. If 海关与边境保护局 has conclusive evidence about the presence of forced labor in specific goods from a country, then a Finding is used to detain and seize those goods.
维吾尔族强迫劳动防治法
The more recent US act related to forced labor enforcement, 维吾尔族强迫劳动防治法，于2022年6月生效. This act imposed an extensive import ban on goods mined, 生产, manufactured in whole or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of China or any goods made with forced labor from the XUAR, either within XUAR or forcibly transferred elsewhere in China.
This act effectively assumes all goods with a connection to XUAR were made with forced labor, therefore banning all trade made with XUAR entirely, unless clear and convincing evidence of no forced labor is made. 海关与边境保护局 must notify US Congress of each exception within 30 days of the action.
进口商能做些什么??
- Educate your suppliers on forced labor
- Include language related to forced labor in your contracts and orders
- Do not focus only on the seller of the goods
- Look at all components from raw materials to the finished goods
- Know where each component originated and who was involved in production
- Establish an audit trail of supply chain traceability documents (PO, 发票, 付款, 审计, 生产, 等.)
- Retain all records to support sourcing at all levels
- Implement compliance monitoring program – consider independent third-party verifications
- Have all necessary “evidence” in place prior to import – the 30-day detention period is too short to put together all that is needed to gain an exception under UFLPA or prove the absence of forced labor
稽查员订婚
信息
We provide information through Newflash, Global 海关 Market Updates, and webinars.
操作
Our 海关 systems edits and screening for entities support our 强迫劳动 compliance protocols.
政府
We are engaging with DHS and 海关与边境保护局 headquarters on priority issues, 强迫劳动, 和UFLPA, 以及拘留措施.
进口商
We are navigating the hold statuses within local ports and monitoring current 海关与边境保护局 holds to assist in the shipment detention process.
反对强迫劳动
布伦达史密斯, Global Director of 政府 Outreach, details how the United States fights forced labor and what to expect when the 维吾尔族强迫劳动防治法 goes into effect mid-June. We'll also take a look at what other countries are doing, as well as developments in technology to ensure compliance.
