Letter to State Dept. on Chinese Forced Labor

Chairman Mike Gallagher (R-WI) and Ranking Member Raja Krishnamoorthi (D-IL) of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party wrote to Secretary of State Antony Blinken, urging the State Department to increase diplomacy to ensure companies profiting off the CCP’s ongoing genocide in Xinjiang are not able to access global markets.

In the letter, the lawmakers write, “We are particularly concerned that goods made by Uyghur forced labor continue to flood into Europe and the United Kingdom (UK), which some have described as ‘dumping grounds’ for these products that are otherwise banned from importation into the United States. The State Department plays a critical role in working with our allies and partners to ensure that companies profiting off the CCP’s ongoing genocide in Xinjiang find no safe markets for their wares.”

The lawmakers continue, “On March 5, the European Council and European Parliament reached a provisional agreement to ban products made with forced labor from being imported into the EU… Unfortunately, on a recent delegation to Europe to meet with our allies and partners, the Select Committee was informed that certain EU countries are considering voting against the ban. If Europe fails to pass this legislation, products made by PRC state-sponsored forced labor programs will continue to have unfettered access to European markets.”

Based on these problematic reports, Chairman Gallagher and Ranking Member Krishnamoorthi urge the State Department to intensify its global diplomatic efforts against PRC state-sponsored forced labor programs. They request that the State Department brief the Select Committee by April 30th on its strategy to engage allies and partners on the issue.

View the lawmaker’s letter HERE or read below.

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Dear Secretary Blinken,

We are writing to request that you expand and elevate U.S. diplomatic efforts to combat PRC state-sponsored forced labor and strengthen international coordination against this egregious violation of human rights. The Uyghur Forced Labor Prevention Act (UFLPA), which passed with overwhelming bipartisan support, clearly signaled Americans’ refusal to allow products made by the Chinese Communist Party’s (CCP) forced labor programs from entering the United States. In addition, the House of Representatives passed the Uyghur Policy Act (UPA) last month, signaling continuing bipartisan congressional support for the State Department to expand its efforts to address the CCP’s human rights abuses.

While we welcome some U.S. allies and partners announcing their own import bans on forced labor products from the PRC, we remain concerned that these measures fall short of the UFLPA’s standards and are leading companies to build two separate supply chains – one “clean” supply chain for the United States and another supply chain tainted by forced labor for the rest of the world. We are particularly concerned that goods made by Uyghur forced labor continue to flood into Europe and the United Kingdom (UK), which some have described as “dumping grounds” for these products that are otherwise banned from importation into the United States. The State Department plays a critical role in working with our allies and partners to ensure that companies profiting off the CCP’s ongoing genocide in Xinjiang find no safe markets for their wares.

On March 5th , the European Council and European Parliament reached a provisional agreement to ban products made with forced labor from being imported into the EU. The final step is for the European Parliament to pass the legislation at its upcoming plenary in April. If passed, this law will be a significant step towards combating Uyghur forced labor globally. Unfortunately, on a recent delegation to Europe to meet with our allies and partners, the Select Committee was informed that certain EU countries are considering voting against the ban. If Europe fails to pass this legislation, products made by PRC state-sponsored forced labor programs will continue to have unfettered access to European markets. The lack of a European law would also increase the risk that banned products made with Uyghur forced labor are illegally transshipped to the U.S. market via EU countries.

We therefore urge the State Department to intensify and elevate its global diplomatic efforts to address PRC state-sponsored forced labor programs and to ensure that countries around the world understand the transnational implications of the UFLPA. Given the EU’s upcoming vote on the forced labor import ban and reports that EU governments continue to resist the European Parliament’s proposal, we believe that initial efforts should prioritize engagement with our European partners and allies, particularly Germany and Italy. The UK, which has also failed to implement stringent prohibitions against the import of goods made with forced labor from Xinjiang, should also be a focus of these efforts.

In addition, we respectfully request that the State Department brief Select Committee staff by April 30th on the following questions:

• What is the Department’s strategy for engaging with U.S. allies and partners to strengthen global prohibitions against goods produced by the PRC’s state-sponsored forced labor programs?
• How is the Department currently engaging with U.S. allies and partners to encourage them to adopt forced labor import bans similar to the UFLPA? How much progress does the Department assess the EU, UK, Australia, Japan, and others have made in implementing meaningful prohibitions against products made with PRC state-sponsored forced labor?
• According to the agreed text for the EU’s forced labor ban, the European Commission will be required to list “specific economic sectors” in “specific geographical areas” where states-sponsored forced labor exists. What steps is the Department taking to help our allies in Europe and the UK designate forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) as well as other economic sectors where Uyghur forced labor is prevalent (e.g. solar, EVs, textiles, critical minerals, etc.) under this ban
• What is the Department’s engagement strategy to help countries understand the UFLPA’s scope, enforcement, and compliance requirements? How frequently does the Department utilize interagency partners (e.g. subject matter experts from DHS, CBP, etc.) to conduct UFLPA and forced labor training overseas?
• What is the feasibility of the Department establishing a joint US-EU-UK Forced Labor Enforcement Task Force to enable policy and enforcement coordination with the U.S. Forced Labor Enforcement Task Force? What, if any, additional authorities or resources does the State Department need to create a multilateral regime comprised of likeminded countries to ban the importation of any products made with state-sponsored forced labor?

The House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party has broad authority to “investigate and submit policy recommendations on the status of the Chinese Communist Party’s economic, technological, and security progress and its competition with the United States” under H. Res. 11.