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A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

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DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

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PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

US Customs and Border Protection (CBP) released its enforcement update on the US Uyghur Forced Labor Prevention Act (UFLPA). Here are some highlights related to shipments subjected to UFLPA reviews or enforcement actions:

  • Since enforcement begin in June 2022, almost 41% of the covered imports into the US have been denied (3,096 out of 7,566).
  • The value of denied shipments in February 2024 alone hit a high of $300 million.
  • The total value of denied shipments since June 2022 stands close to $3B.
  • Shipments from Malaysia alone make up almost half that, highlighting CBPs concern about the role of third-party countries trans-shipping covered goods/products.

It is evident that CBP is actively reviewing imports and enforcing the law. Remember that the law contains a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is prohibited and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. The presumption applies unless the CBP determines, through clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor or that UFLPA does not apply to the goods, wares, or merchandise seeking importation. For a short reminder/summary of the law – including a discussion on “clear and convincing evidence” – read this.

We’ll be discussing the UFLPA next Tuesday during Day 1 of our PracticalESG.com Virtual Event which is free of charge to attend. To register, or find out more – click here.

If you aren’t already subscribed to our complimentary ESG blog, sign up here: https://practicalesg.com/subscribe/ for daily updates delivered right to you. 

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The Editor

Lawrence Heim has been practicing in the field of ESG management for almost 40 years. He began his career as a legal assistant in the Environmental Practice of Vinson & Elkins working for a partner who is nationally recognized and an adjunct professor of environmental law at the University of Texas Law School. He moved into technical environmental consulting with ENSR Consulting & Engineering at the height of environmental regulatory development, working across a range of disciplines. He was one… View Profile