Legislation & Governance

United States

Uyghur Forced Labor Prevention Act (H.R. 6256)
Enacted: 6/21/2022

It is the policy of the United States “to strengthen the prohibition against the importation of goods made with forced labor, including by ensuring that the Government of the People’s Republic of China does not undermine the effective enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the importation of all ‘goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part in any foreign country by forced labor.’”

In Force/Law: PUBL078.PS (govinfo.gov)

Canada

Fighting Against Forced Labor and Child Labor in Supply Chains Act | S-211 (44-1)
Will Be Enacted: 01/01/2024

Requires in-scope companies to file a supply chain due diligence report. Annually, by May 31, subject entities must send the Ministry of Public Safety and Emergency Preparedness (and post on their company website) a report detailing steps taken during the previous financial year to prevent and reduce the risk that forced or child labor was used in the production of goods in Canada or elsewhere by the entity, or of goods imported into Canada by the entity, and other specified information.

In Force/Law: Public Bill (Senate) S-211 (44-1) - Royal Assent - Fighting Against Forced Labour and Child Labour in Supply Chains Act - Parliament of Canada


Upcoming Event - February 28, 2024!

Supply Chain Transparency Reporting Comes to Canada Webinar

Register Now

Registration is now open for our February 28 webinar, "Supply Chain Transparency Reporting Comes to Canada," where Gowling WLG's Stephen Pike will discuss Canada's S-211 - Fighting Against Forced Labour and Child Labour in Supply Chains Act.


Mexico

If the Ministry of Labor and Social Welfare (“Ministry”) determines that goods were made with forced labor, a resolution will be published on the Ministry’s website; thereafter the covered goods will be prohibited from entering Mexico. Unlike the U.S., Mexico will not preemptively stop imports, and will only carry out detentions after examinations are concluded.

Mexico has also recently taken steps to comply with its forced labor obligation under USMCA, announcing a resolution to ban the importation of goods produced with forced labor, effective May 18, 2023. This administrative regulation sets forth the goods whose importation is subject to regulation by the Ministry of Labor and Social Welfare, and provides a process for Mexican citizens or entities to submit a petition to prohibit the import of goods produced by forced labor. The petition will be reviewed, and may be investigated by Mexico’s Ministry, and the government of Mexico can also independently initiate an investigation.

Importers of the subject goods will have the opportunity to submit information to rebut the allegations. The decision must be made within six months after the petition is filed, which can be extended to one year. A determination that forced labor is used will result in inclusion on the Ministry’s website and an import ban on the covered goods, effective 90 days after the decision is published.

Germany

German Supply Chain Due Diligence Act
Enacted: 1/1/2023

Requires large companies to ensure social and environmental standards are observed in their supply chain.

Requires those companies to monitor their own operations and their direct suppliers worldwide and act if they find violations.

Government Resource: New Law Obligates Companies to Establish Due Diligence Procedures in Global Supply Chains to Safeguard Human Rights and the Environment | Library of Congress (loc.gov)

EU Legislation

EU Corporate Sustainability Reporting Directive
Enacted: 1/5/2023

Is a law that prescribes requirements for organizations to report sustainability disclosures across several topics pertaining to environmental and social issues and improve non-financial reporting.

.
Prohibiting Products Made with Forced Labor on the Union Market
Enacted: Pending

Prohibit the placing and making available on the EU market and the export from the EU of products made with forced labor, including forced child labor.

In Force/Law: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52022PC0453

Government Resource: Proposal for a ban on goods made using forced labour | Think Tank | European Parliament (europa.eu)

United Kingdom

UK Modern Slavery Act
Enacted: 7/31/2015

Requires in-scope companies to prepare and publish a slavery and human trafficking statement for each financial year.

In Force/Law: Modern Slavery Act 2015 (legislation.gov.uk)

Government Resource: Modern Slavery Act 2015 - GOV.UK (www.gov.uk)

Dutch

Dutch Child Labour Due Diligence Law
Enacted: 6/1/2022

Aligned closely with the proposed EU Corporate Sustainability Due Diligence Directive. Applicable to companies selling goods and services to Dutch end-users, including companies registered outside the Netherlands. The Child Labor Due Diligence Law requires companies to investigate whether child labor contributed to any goods or services they are selling or supplying.

French

French Duty of Vigilance Law (Loi de Vigilance)
Enacted: 1/1/2017

Requires large companies in France to effectively manage their human rights and environmental risks – both within the company itself, but also its subsidiaries, subcontractors and suppliers.

Australia

Australian Modern Slavery Act
Enacted: 1/1/2019

Requires in-scope companies to annually prepare and submit a statement on what actions are being taken to prevent and address modern slavery in their operations and supply chain.

In Force/Law: Australian Modern Slavery Act

Government Resource: Modern slavery | Attorney-General's Department (ag.gov.au)

Note: This information is not intended to be a substitute for a rigorous analysis of your company’s supply chain due diligence process. Please be sure to select the tools and resources that best meet your team’s needs.