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The Morning Risk Report: Chinese Suppliers to Apple, Nike Shun Xinjiang Workers as U.S. Forced-Labor Ban Looms

By Dylan Tokar

 

Lens Technology, a major Apple supplier, phased out Uyghur workers transferred from Xinjiang through a state-backed labor program. A Lens plant in Langli town in Changsha city in central China. ZI XIN/IMAGINECHINA/ASSOCIATED PRESS

Good morning. Chinese factories that supply Apple Inc. and Nike Inc. and make other products sold in the U.S. are shunning workers from Xinjiang, as Western countries increase scrutiny of forced labor from the remote northwestern region where Beijing has been accused of committing genocide against local ethnic minorities.

Lens Technology Co., a Chinese maker of smartphone touch screens and supplier to Apple and other companies, phased out Uyghur factory workers transferred from Xinjiang through a state-backed labor program last year, according to former staff and shop owners near one of its factories. The company has also ceased hiring Uyghur workers, according to current staff.

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Chinese mask producer Hubei Haixin Protective Products Group Co., whose personal protective equipment is sold on U.S. e-commerce sites, no longer employs laborers from Xinjiang, said a company employee who didn’t identify herself before hanging up. The company decided not to renew the contracts of its Xinjiang laborers last September after reports last year alleging the use of forced labor drew negative attention, the employee said.

And a Chinese subsidiary of Taekwang Industrial Co., which makes sneakers for Nike in China, sent workers from the region home in the second quarter of last year, according to a Nike statement that was on the company’s website in June 2020. The company’s statement has been updated since then, but the old version of the statement has been stored by the Internet Archive, a nonprofit that keeps a digital library of webpages.

 
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From Risk & Compliance Journal

Circle Sets Aside $10.4 Million to Settle SEC Case on Poloniex

Cryptocurrency operator Circle Internet Financial Ltd. said it has set aside more than $10 million to settle a case brought by the U.S. Securities and Exchange Commission against Poloniex LLC, its discontinued crypto exchange business, according to a regulatory filing.

Boston-based Circle, which announced earlier this month that it will go public in a $4.5 billion special-purpose acquisition company merger, sold Poloniex in 2019 after acquiring it the previous year, according to a regulatory filing to the SEC earlier this month.

 

Newsletter Extra

U.S. Senate Confirms Justice Department Criminal Division Chief

The U.S. Senate voted to confirm former U.S. Attorney Kenneth Polite to serve as the assistant attorney general in charge of the Justice Department’s criminal division.

Mr. Polite, whose nomination was confirmed Tuesday in a 56-44 vote, will oversee several high-profile sections of the Justice Department as head of the criminal division, including those investigating corporate misconduct such as foreign bribery, money laundering and healthcare fraud.

Mr. Polite, a partner at the law firm Morgan, Lewis & Bockius LLP, served as the federal government’s top prosecutor in New Orleans during the Obama administration. He was nominated by President Biden in April to return to the Justice Department.

He will replace Nicholas McQuaid, a former federal prosecutor and partner for the law firm Latham & Watkins LLP who has been serving in the position on an acting basis. Mr. McQuaid is slated to be the division’s principal deputy.

—Dylan Tokar

U.K.’s Economic Crimes Prosecutor Settles Bribery Offenses With Two Unnamed Companies

The U.K’s Serious Fraud Office has reached settlements with two companies that prosecutors said were involved in the same underlying scheme to pay bribes in connection with multimillion-pound contracts.

The two companies, which the SFO said it couldn’t identify for “legal reasons,” will pay a total of £2.5 million ($3.4 million) in financial penalties, the agency said Tuesday. A judge on Monday approved the deferred prosecution agreements, the SFO said.

“The companies were registered and operated in the UK,” the SFO’s Director, Lisa Osofsky, said in a statement. “Their bribery undermined the fundamental principles of fairness and the rule of law that we expect in this country.”

The settlements represent the country’s 11th and 12th use of a deferred prosecution agreement, which allows prosecutors to suspend criminal charges against a company for a period on the condition that it pay a fine and undertake certain reforms. The agreements were introduced in 2014.

—Dylan Tokar

 

Compliance

The Justice Department’s antitrust division has been without a Senate-confirmed head since the start of the Biden administration.
PHOTO: STEFANI REYNOLDS/BLOOMBERG NEWS

President Biden said he would nominate Jonathan Kanter to run the Justice Department’s antitrust division on Tuesday, turning to a vocal critic of Google as his administration has taken an aggressive posture on enforcing antitrust laws across industries.

Mr. Kanter is a longtime antitrust lawyer who has represented companies that argue they have been harmed by the conduct of Alphabet Inc.’s Google, which dominates internet search and advertising.

 ‏‏‎ ‎
  • The nation’s three largest drug distributors agreed to pay as much as $1.2 billion to New York state to settle a continuing trial accusing the companies of helping fuel widespread opioid addiction, as negotiators close in on a larger, national resolution of thousands of similar lawsuits. 
     
  • Royal Dutch Shell PLC on Tuesday confirmed it would appeal against a Dutch court ruling calling for the oil major to reduce its carbon emissions at a faster pace, saying it was being unfairly singled out.
     
  • Tom Barrack, a real-estate investor and longtime ally of former President Trump, was arrested Tuesday in Los Angeles on charges that he acted as a foreign agent of the United Arab Emirates and lied to federal investigators.
     
  • Harvey Weinstein, the one-time internationally acclaimed Hollywood producer, was extradited to California on Tuesday to face sex-crimes charges, after more than a year of delays because of the Covid-19 pandemic and his health.
     
  • The outdoor recreation industry and environmentalists are among those backing bipartisan legislation to use fines and penalties collected for environmental regulations to fund wildlife conservation efforts, including restoring habitats for struggling species.
 

Risk

U.S. Trade Representative Katherine Tai has talked to trade ministers from eight countries in the Asia-Pacific region about the pact, according to a spokesman.
PHOTO: JAKE MAY/THE FLINT JOURNAL/ASSOCIATED PRESS

A skirmish between national security and trade officials in the Biden administration is hindering efforts to forge a digital-services pact with Asian countries, according to people involved in the talks.

National Security Council and State Department officials want to set rules for digital trade in Asia, which could include cross-border flows of information, digital privacy and standards for the use of artificial intelligence in Asia, the people said.

 
  • The U.S. and Germany have reached an agreement allowing the completion of a controversial Russian natural-gas pipeline, according to officials from Berlin and Washington, who expect to announce the deal as soon as Wednesday, bringing an end to years of tension between the two allies.
 

Data Security

Colonial Pipeline storage tanks in Woodbridge, N.J. A ransomware attack on Colonial shut down a major fuel conduit for nearly a week in May.
PHOTO: TED SHAFFREY/ASSOCIATED PRESS

Hackers working for the Chinese government compromised more than a dozen U.S. pipeline operators nearly a decade ago, the Biden administration revealed Tuesday while also issuing first-of-its-kind cybersecurity requirements on the pipeline industry.

The disclosure of previously classified information about the aggressive Chinese hacking campaign, though dated, underscored the severity of foreign cyber threats to the nation’s infrastructure, current and former officials said. In some cases, the hackers possessed the ability to physically damage or disrupt compromised pipelines, a new cybersecurity alert said, though it doesn’t appear they did so.

 

Reputation

Ben & Jerry’s said Monday that it wouldn’t renew its agreement with its licensee in Israel, Ben & Jerry’s Israel.
PHOTO: TSAFRIR ABAYOV/ASSOCIATED PRESS

Unilever PLC was engulfed in controversy Tuesday after its ice cream brand Ben & Jerry’s said it would no longer sell its products in Jewish settlements located in the Israeli-occupied West Bank and contested East Jerusalem.

Israel’s government called on the London-listed company to reverse its brand’s decision, with Prime Minister Naftali Bennett warning Unilever Chief Executive Alan Jope in a call of “severe consequences” and other politicians calling for a boycott.

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Reality Remade: The Compliance Evolution
To reduce risk in a radically changed reality, your compliance program needs the ability to adapt so it can continue to protect and fuel future growth. In the first issue of the series, we shed light on some of the new complexities of compliance by analyzing top trends, signaling how they play out in the market, and providing actionable strategies that can help you to adapt… instead of react. Read more.
 

About Us

Send comments to the Risk & Compliance editor, Jack Hagel, at jack.hagel@wsj.com

Subscribe to The Morning Risk Report here.

Follow us on Twitter at @WSJRisk, @_MengqiSun, and @dgtokar.

 
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