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New Bills Increase Pressure on Forced Labor

As a courtesy to our clients, we are sharing the following article from Sandler, Travis & Rosenberg, P.A published July 11, 2023 regarding two new bills introduced that would apply more pressure to Forced Labor:
Two New Bills Put More Pressure on Forced Labor

The Countering China’s Exploitation of Strategic Metals and Minerals and Child and Forced Labor in the Democratic Republic of Congo Act (H.R. 4443, introduced June 30 by Rep. Smith, R-N.J.) would prohibit imports containing metals or minerals, in particular cobalt and lithium and their derivatives, that are mined, produced, smelted, or processed, wholly or in part, by child labor or forced labor in the DRC. Other provisions include the following.

  • prohibits imports of cobalt and lithium mined using child or forced labor
  • requires the president to present an annual report to Congress on foreign persons found facilitating the exploitation of child labor in DRC mineral mining or abetting the evasion of U.S. importation laws
  • instructs the president to impose sanctions on these individuals by prohibiting their transactions, making them ineligible for a visa, or revoking their current visa status
  • requires a report from the Forced Labor Enforcement Task Force, in conjunction with allies in the USMCA, to investigate child and forced labor in the DRC’s lithium and cobalt mines bankrolled by China
  • promotes the development of alternative sources of supply and production in the U.S. and DRC
  • requires the State Department to produce an annual report on U.S. strategies to enhance international awareness of child labor in DRC mining, alongside alleviation strategies

H.R. 4452 (introduced June 30 by Rep. Torres, D-N.Y.) would amend the Securities Exchange Act of 1934 to require issuers to disclose whether their supply chain uses the forced labor of Uyghurs.

Notice Regarding the Uyghur Forced Labor Prevention Act Entity List

As a courtesy to our clients, we will be sharing the updated Uyghur Forced Labor Prevention Act (UFLPA) Entity List monthly. This is a consolidated register of the four lists required to be developed and maintained pursuant to the UFLPA. Click the button below to view the list.

UFLPA Entity List

NCBFAA Requests FDA Delay of Cosmetics Facility Registration

In a July 13 letter to Food and Drug Administration (FDA) Assistant Commissioner for Imports Dan Solis, NCBFAA (National Customs Brokers & Forwarders Association Of America, Inc.) President J.D. Gonzalez expressed concern with the fast-approaching Dec. 31 deadline to comply with the cosmetic facility registration requirements of the 2022 Modernization of Cosmetics Regulation Act (MoCRA).

“This does not allow sufficient time for facilities – particularly overseas facilities – to become informed and educated on their responsibilities, obtain a DUNS number, find an agent and complete the registration process,” Gonzalez wrote. “The December 31 deadline would be daunting under the best of circumstances. Given the fact that a registration process has not yet been completed, this deadline is unrealistic.”

NCBFAA requested that the FDA extend the cosmetic registration requirement for one year which will provide “the agency with the time to develop a registration system, roll it out to stakeholders, test it, and work out the kinks.”

NCBFAA also encouraged the FDA to use the food facility registration process as “the template for the cosmetic facility registration.” By applying “lessons learned” from the food facility registration, the FDA “can avoid missteps” in building the cosmetic registration.

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