In Tackling the Demand Side of Global Corruption, New U.S. Law Accounts for the Potential Role of Companies

Much has been said about the Foreign Extortion Prevention Act (“FEPA”) that President Biden signed into the law in December 2023, with particular attention given to the corrupt foreign officials who seek bribes from individuals or entities in the United States. By targeting the demand side of bribery, FEPA serves as a complement to the Foreign Corrupt Practices Act (“FCPA”), which targets individuals and companies that pay bribes to foreign government officials.… More

Congress Begins 2024 with New Federal Human Rights Guidance in Sight

A few days before Christmas, the Senate followed the House in bringing its legislative year to a swift but unsatisfying end. Although enough bipartisan goodwill was mustered to pass a massive National Defense Authorization Act for fiscal year 2024, lawmakers remain embroiled in bitter partisan squabbles that are paralyzing critical federal funding measures.

Yet only hours before heading back home for the holidays, Senators from both the mainstream and activist quarters of the parties came together to unanimously pass a novel measure —… More

Foley Hoag Conducts Independent Human Rights Impact Assessment Commissioned by Microsoft

Microsoft commissioned Foley Hoag to conduct a human rights impact assessment (HRIA) on the impact of Microsoft’s cloud and artificial intelligence technologies.  Specifically, we sought to understand the impacts that such technologies have on communities of color in the United States when those technologies are licensed to law enforcement agencies.  Microsoft commissioned the HRIA in response to a shareholder letter expressing concern regarding the human rights impact of certain Microsoft products in various contexts.… More

Nine Months In: What’s Happening with Forced Labor Implementation & What’s Next

Nine months after the Uyghur Forced Labor Prevention Act (UFLPA) went into effect, the Biden Administration shows no signs of easing up on its tenacious enforcement of the Act’s import ban.  At the same time, the Administration’s approach is still developing and it will take more data collection, multi-stakeholder information sharing, as well as insights from U.S. Customs and Border Protection’s (CBP) own shipment reviews before industry sees a more predictable and stable enforcement regime.… More

CBP Releases Guidance for Compliance Requirements Under the Uyghur Forced Labor Prevention Act

Key Takeaways:

  • Starting on June 21, 2022, all goods produced in whole or in part in the Xinjiang region or by entities on the UFLPA Entity List will be presumed to be made with forced labor and will be prohibited from entry into the U.S.
  • Importers must provide “clear and convincing” evidence to CBP to rebut the presumption of forced labor.
  • Guidance recently released by the Biden administration describes the documentation and supply chain due diligence required to release a detained shipment.…
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Russia and Belarus Sanctions Update – March 17, 2022

Key Takeaways:

  • U.S., UK, and EU impose additional sanctions in response to Russia’s continued escalation of conflict in Ukraine
  • U.S. imposes sanctions on human rights violators and senior Russian defense officials
  • UK sanctions over 370 Russian individuals, including 51 oligarchs and their family members
  • EU imposes investment and trade restrictions and sanctions Russian oligarchs, propagandists, state-owned entities, and defense sector entities


On March 15,… More

Russia and Belarus Sanctions Update – March 15, 2022

Key Takeaways:

  • New Executive Order prohibits certain imports and exports, and authorizes the Department of the Treasury to impose significant restrictions on U.S. investment in Russia
  • Additional wave of sanctions targeting Russian “elites” close to President Vladimir Putin
  • OFAC guidance clarifies that Russia-related sanctions prohibitions apply to cryptocurrency transactions


On March 11, 2022, President Biden signed a new Russia-related Executive Order,… More

Russia and Belarus Sanctions Update – March 11, 2022

Key Takeaways:

  • The Biden administration announces ban on import of Russian energy commodities and prohibition on new investment in the Russian energy sector
  • New General License provides wind-down period until April 22, 2022 for certain energy imports from Russia pursuant to agreements entered into before March 8, 2022
  • EU and UK expand their sanctions programs against Russia and Belarus, including additional sanctions on oligarchs
  • FinCEN issued an alert to all financial institutions to be vigilant against efforts to evade the expansive sanctions and other restrictions imposed in connection with the invasion of Ukraine


I.… More

New U.S Legislation Would Require Forced Labor Audits

On February 3, Senators Josh Hawley (R-MO) and Kirsten Gillibrand (D-NY) introduced the Slave-Free Business Certification Act of 2022.  The legislation aims to provide U.S. policymakers with greater assurances that companies are taking concrete steps to eradicate forced labor where their supply chains directly involve workers’ inputs, but would also significantly increase their due diligence burdens.  Pursuant to the legislation, covered business enterprises would be required to conduct independent audits of their “direct” supply chains to determine if they involve forced labor.… More

Russia and Belarus Sanctions Update – March 7, 2022: U.S. Sanctions, Export Restrictions Escalate as Conflict in Ukraine Continues

Key Takeaways:

  • U.S. imposes additional sanctions on Russian elites, along with their family members, companies, and personal vehicles
  • Actions targeting the defense sector and Russian government-affiliated media outlets signal the expansion of U.S. sanctions to new industries
  • SWIFT access to be denied to seven Russian banks on March 12, 2022
  • New export controls target Belarus and further restrict export of items that use encryption to Russia and Belarus


I.… More