Executive Summary

Last week, the Forced Labor Enforcement Task Force (“FLETF”) added 43 entities to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List and made technical name updates to two existing entities.[1] This is the first update to the Entity List since President Trump took office and is the single largest expansion since the UFLPA’s enactment. Together with recent guidance from U.S. enforcement agencies, the expansion suggests that importers may face increased UFLPA and forced labor enforcement risks.

Click here to read the full alert on cov.com.

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Photo of Shara Aranoff Shara Aranoff

Shara helps clients navigate trade remedies, tariffs, and customs regulations in support of their U.S. and global market strategies.

Shara is the Chair of Covington’s International Trade Practice Group, and co-leads the Customs practice.

Drawing on her 20 years of service in the…

Shara helps clients navigate trade remedies, tariffs, and customs regulations in support of their U.S. and global market strategies.

Shara is the Chair of Covington’s International Trade Practice Group, and co-leads the Customs practice.

Drawing on her 20 years of service in the U.S. government, she develops legal and public policy strategies to assist clients engaging with the U.S. International Trade Commission (ITC), U.S. Customs and Border Protection (CBP), Congress, and the courts. In high-stakes antidumping and countervailing duty investigations, Shara helps global manufacturers, distributors, and retailers protect their access to the U.S. market. She assists technology, life sciences and manufacturing companies enforce and defend their intellectual property rights in cross-border Section 337 investigations. Chambers praises her for bringing “behind-the-curtain knowledge to the private sector” in proceedings before the ITC by leveraging her experience as a decision maker.

Shara also regularly advises clients in a wide range of industries on Customs compliance and tariff mitigation, including:

Providing legal opinions or seeking Customs rulings on classification, valuation, country of origin, and product marking/labelling.
Conducting internal compliance reviews, drafting compliance policies, and providing training.
Responding to CBP audits and inquiries and filing voluntary disclosures.
Developing strategies to reduce tariffs and take advantage of trusted trader programs.

Prior to joining the firm, Shara was a Commissioner and Chairman of the ITC, where she was a decision-maker in hundreds of Section 337, antidumping, countervailing duty, and safeguard investigations.

She previously served as Senior International Trade Counsel for Senator Max Baucus (D-MT) at the U.S. Senate Committee on Finance, where she was responsible for legislative and policy issues including Trade Promotion Authority; negotiations involving the World Trade Organization and free trade agreements; and trade remedy and customs laws. She was also an attorney-advisor in the Office of the General Counsel at the ITC, where she was lead counsel in litigation before the Court of Appeals for the Federal Circuit and the Court of International Trade.

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Photo of Tom Plotkin Tom Plotkin

Tom Plotkin advises companies on a broad range of ESG and sustainability issues with a focus on social responsibility, including business and human rights, equity and civil rights, and external engagement and brand reputation.

As a member of Covington’s Business and Human Rights…

Tom Plotkin advises companies on a broad range of ESG and sustainability issues with a focus on social responsibility, including business and human rights, equity and civil rights, and external engagement and brand reputation.

As a member of Covington’s Business and Human Rights practice, Tom advises clients on all aspects of the corporate responsibility to respect human rights, including issues related to supply chain due diligence and responsible sourcing, downstream product use and human rights impacts, and strategies for integrating human rights oversight into broader compliance programs.

Tom is also a member of Covington’s Institutional Culture and Social Responsibility practice, where he assists companies in evaluating and managing the legal, business, and reputational risks associated with social impacts of business practices. Tom’s work in this area focuses on civil rights and diversity, equity, and inclusion.

As a member of Covington’s Sustainability practice, Tom draws on his social responsibility portfolio to assist companies in bridging internal practices and external engagement strategies. Tom assists with public ESG reporting, responding to shareholder ESG proposals, and external stakeholder engagement.

Tom is also a member of Covington’s Employment practice, where he advises on a range of domestic and international employment law issues.

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Photo of Mary Mikhaeel Mary Mikhaeel

Mary Mikhaeel advises clients on developing sophisticated human rights compliance programs, based on human rights-focused hard law and international best practices. She works with clients to develop cutting edge solutions to forced labor supply chain risks, and also advises clients on a wide…

Mary Mikhaeel advises clients on developing sophisticated human rights compliance programs, based on human rights-focused hard law and international best practices. She works with clients to develop cutting edge solutions to forced labor supply chain risks, and also advises clients on a wide range of Customs matters.

As a member of Covington’s Business and Human Rights Practice Group, Mary supports companies in furthering their commitment to respecting human rights, as articulated in the UN Guiding Principles on Business and Human Rights (UNGPs). She has experience in assisting companies with building compliance programs, conducting human rights risk assessments and investigations, and developing human rights due diligence procedures.

Mary has extensive experience counseling clients across a wide range of industries on how to mitigate forced labor risks in the context of U.S. anti-forced labor laws, including the Uyghur Forced Labor Prevention Act (UFLPA) and Withhold Release Orders (WROs).

Mary is also a member of Covington’s customs practice and advises clients on a wide range of issues related to customs compliance and tariff mitigation strategies. She has experience advising clients on seeking ruling requests with Customs, assisting clients in submitting prior disclosures, and conducting internal compliance reviews.

Prior to law school, Mary was part of a research team that developed the Corporations and Human Rights Database, the first database created to monitor public allegations of business’ possible human rights violations. She also worked at the University of Minnesota’s Human Rights program on a variety of business and human rights matters, including issues related to a forced displacement case before the Inter-American Commission on Human Rights, and interned for a human rights non-government organization that holds consultative status with the United Nations.

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Photo of Alexander Chinoy Alexander Chinoy

Alex Chinoy assists clients with the resolution of inbound U.S. trade disputes, appearing before a range of U.S. courts and agencies. He is an accomplished trade litigator who has represented clients at both the U.S. International Trade Commission (ITC) and the U.S. Department…

Alex Chinoy assists clients with the resolution of inbound U.S. trade disputes, appearing before a range of U.S. courts and agencies. He is an accomplished trade litigator who has represented clients at both the U.S. International Trade Commission (ITC) and the U.S. Department of Commerce (DOC) in antidumping (AD) and countervailing duty (CVD) investigations. He has also been involved in more than 30 Section 337 unfair import investigations before the ITC. He has appeared in a range of other trade enforcement and regulatory matters, including litigation at the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC), involving actions against U.S. Customs and Border Protection (CBP), the DOC, and the ITC. 

Outside the courtroom, Alex assists clients with a range of CBP compliance and enforcement matters, including inter partes IP enforcement proceedings, 19 CFR 177 ruling requests, investigative inquiries including RASAs and audits, prior disclosures, penalty notice responses, development of corrective action plans, and tariff evaluation and mitigation counseling.

In addition to his litigation and customs work, Alex has been repeatedly recognized by Chambers for his work at the ITC, with sources noting he is “impressive beyond his years of practice.” Alex is a past President of the ITC Trial Lawyers Association, the leading bar association for Section 337 practitioners. He has hands-on experience with every phase of Section 337 investigations. He has participated in a dozen hearings at the ITC ranging from trials on violation to enforcement hearings and temporary relief proceedings. His experience spans every phase of 337 litigation, from pre-complaint counseling through appeal of final ITC determinations to the CAFC, with a particular focus on disputes and counseling involving CBP enforcement of ITC exclusion orders.

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Photo of Daniel Feldman Daniel Feldman

Dan Feldman co-chairs the firm’s ESG and Business & Human Rights practices.

Drawing on his prior positions in government service spanning multiple Administrations, former Ambassador Dan Feldman’s practice focuses on environmental, social, and governance (ESG) counseling, business and human rights (BHR), global public…

Dan Feldman co-chairs the firm’s ESG and Business & Human Rights practices.

Drawing on his prior positions in government service spanning multiple Administrations, former Ambassador Dan Feldman’s practice focuses on environmental, social, and governance (ESG) counseling, business and human rights (BHR), global public policy, as well as broader international regulatory compliance. He is a member of the firm’s Global Problem Solving initiative.

As Chief of Staff and Counselor to Secretary John Kerry when he was appointed the first Special Presidential Envoy for Climate (SPEC) by President Biden, Dan helped drive the U.S. government’s international climate agenda, coordinating high level interagency policy-making, engaging with corporate stakeholders, and contributing to key bilateral and multilateral climate discussions, including the 2021 Leaders’ Summit on Climate and the landmark UN Conference of Parties (COP26) in Glasgow.

Previously, Dan served as deputy and then U.S. Special Representative for Afghanistan and Pakistan at the U.S. Department of State in the Obama Administration, as Director of Multilateral and Humanitarian Affairs at the National Security Council in the Clinton Administration, and as Counsel and Communications Adviser to the U.S. Senate Homeland Security and Governmental Affairs Committee. He also has served as a senior foreign policy and national security advisor to a number of Democratic presidential and Congressional campaigns.

Dan has extensive experience counseling multinational corporations on mitigating risk and maximizing opportunities in the development and implementation of their ESG and sustainability strategies, with a particular background in advising on BHR matters. He was one of the first attorneys in the U.S. to develop a practice in corporate social responsibility, and has been cited by Chambers for his BHR expertise. He assists clients in strategizing about their engagements with a range of key stakeholders, including Members of Congress, executive branch officials, foreign government officials and Embassy representatives, multilateral institutions, trade and industry associations, non-governmental organizations, opinion leaders, and journalists.

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Photo of Don Ridings Don Ridings

Don Ridings co-chairs Covington’s Anti-Corruption + Corporate Compliance practice, and the firm’s Business and Human Rights practice.

As co chair of the firm’s global Anti-Corruption + Corporate Compliance Practice Group, Don leads a team of compliance and investigation lawyers based in the U.S.…

Don Ridings co-chairs Covington’s Anti-Corruption + Corporate Compliance practice, and the firm’s Business and Human Rights practice.

As co chair of the firm’s global Anti-Corruption + Corporate Compliance Practice Group, Don leads a team of compliance and investigation lawyers based in the U.S., Europe, Asia, the Middle East, and Africa. He is a broad gauge compliance lawyer and for more than 10 years has also been recognized as a leading Foreign Corrupt Practices Act (FCPA) practitioner by Chambers Global and Chambers USA.

Don has advised clients in nearly every major industry on compliance issues arising under the FCPA and other compliance regimes. He has served as outside compliance counsel to dozens of Fortune 500 companies. Don advises clients on compliance risks in investment transactions, designs and helps implement compliance programs, and counsels clients on a broad range of anti-corruption and other compliance risks. For companies with mature compliance programs, he leads independent compliance program assessments that allow companies to benchmark their corporate compliance programs against peer companies and regulator expectations.

Don has led dozens of internal investigations arising from conduct in Africa, Asia, Europe, Latin America, the Middle East, and North America. He represents clients before the U.S. Department of Justice and Securities and Exchange Commission, where he has secured several non-public declinations.

As co-chair of the firm’s Business and Human Rights practice, Don advises clients on the evolving legal regimes related to the corporate responsibility to respect human rights. He counsels clients on issues relating to supply chain due diligence and responsible sourcing, human rights due diligence in investment transactions, integrating human rights elements into corporate compliance programs, NCP and other non-judicial dispute resolution processes, and responding to demands from NGOs, investors, regulators, and other stakeholders.

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Photo of Emma Sawatzky Emma Sawatzky

Emma Sawatzky advises clients on a range of human rights and sustainability issues and supports them in evaluating and addressing potential legal, operational, and reputational risks across geographies and sectors.

As a member of Covington’s Business and Human Rights and Sustainability Practice Groups…

Emma Sawatzky advises clients on a range of human rights and sustainability issues and supports them in evaluating and addressing potential legal, operational, and reputational risks across geographies and sectors.

As a member of Covington’s Business and Human Rights and Sustainability Practice Groups, Emma advises clients on the rapidly evolving legal and enforcement landscape. Emma has experience with preparing clients for modern slavery and sustainability reporting; conducting gap assessments and developing action plans for sophisticated compliance programs; formulating human rights policies; conducting BHR-related investigations and implementing remediation strategies; advising on human rights-related OECD proceedings; developing responsible sourcing frameworks (including risk assessments, traceability exercises, and supplier engagement strategies); and advising on the potential human rights impacts of downstream product and service use. Emma also assists clients with white collar investigations.

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Photo of Hannah Edmonds-Camara Hannah Edmonds-Camara

Hannah Edmonds-Camara is a founding member of the firm’s Business and Human Rights (BHR) practice and advises on a breadth of BHR and ESG issues. In particular, Hannah has deep experience advising on the development and implementation of global human rights and environmental…

Hannah Edmonds-Camara is a founding member of the firm’s Business and Human Rights (BHR) practice and advises on a breadth of BHR and ESG issues. In particular, Hannah has deep experience advising on the development and implementation of global human rights and environmental due diligence programmes, in response to the evolving, global regulatory landscape.

She advises on: compliance with ESG disclosure and due diligence requirements, including the EU’s CSRD and CSDDD; BHR-related investigations and remediation strategies; forced labour import ban regimes (e.g. the EU’s Forced Labour Regulation); responding to complaints raised through non-judicial grievance mechanisms (including OECD National Contact Points); ESG due diligence in an M&A context; global risk assessments; workplace culture reviews; design of project and issue-specific human rights frameworks and stakeholder engagement strategies; and policy engagement on BHR legislative files.

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Photo of Paul Mertenskötter Paul Mertenskötter

Paul Mertenskötter advises companies, investors, and governments on regulatory sustainability, international trade, and public policy matters.

Paul has particular experience advising multinational companies on EU sustainability laws, including the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD), the Taxonomy…

Paul Mertenskötter advises companies, investors, and governments on regulatory sustainability, international trade, and public policy matters.

Paul has particular experience advising multinational companies on EU sustainability laws, including the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD), the Taxonomy Regulation, the Forced Labor Regulation, and the Carbon Border Adjustment Mechanism (CBAM). His practice also spans a wide range of climate change issues, including carbon offsets, accounting rules, and related international sustainability reporting frameworks such as the International Sustainability Standards Board (ISSB). Paul further advises clients on their strategic engagement with the rules of the World Trade Organization (WTO), free trade agreements, the Paris Agreement, and general public international law.

Prior to joining the firm, Paul was a Visiting Scholar at the WTO in Geneva, clerked at the International Court of Justice in The Hague, and was a Fellow at the Institute for International Law and Justice at NYU Law School.

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