USA Law and Practice Contributed by: Michael G. Congiu and Gillian Gilbert, Littler
expectations for US businesses operating glob - ally. Section I: responsible business conduct and due diligence The USG expects businesses to conduct HRDD aligned with international standards (UNGPs, OECD Guidelines, ILO MNE Declaration). HRDD should be embedded in risk management sys - tems, focused on risks to people, not just busi - ness, iterative, stakeholder-informed, and pub - licly communicated, supported by grievance mechanisms and aligned with international human rights instruments. Special attention is required in conflict-affected areas and for mar - ginalised populations. Section II: priority areas • Federal Advisory Committee on RBC: estab - lished to co-ordinate with stakeholders and advise on HRDD, critical minerals, and OECD Guidelines; • Federal Procurement: strengthening enforce - ment of anti-trafficking and forced labour rules in federal supply chains; • Access to Remedy: enhancing grievance mechanisms across agencies (eg, State, DOL, DFC, Treasury, EXIM); and • Business Resources: launching an RBC and Labor Rights InfoHub and issuing guidance for high-risk sectors and technologies. Section III: additional commitments Engagement and co-ordination • expanded use of sanctions, visa restrictions, and export controls for BHR violations; • new business advisories and training for US diplomats on BHR; and • strengthening international co-ordination and multilateral initiatives.
Procurement • new risk mapping tools for human trafficking; • regulatory reviews to prevent contracting with debarred entities; and • improved access to forced labour data for procurement officers. Access to remedy • reforms to the US National Contact Point (USNCP), including: (a) anti-reprisal policy; (b) public case tracking; (c) expanded mediation expertise; and (d) new advisory subcommittee; • DOL, DFC, Treasury, and EXIM to enhance grievance systems and protections. Technology • promoting rights-respecting AI and digital ecosystems; • launching programmes to combat tech-facili - tated gender-based violence; and • developing investor guidance on tech-related human rights risks. Workers’ rights • Forced Labor Trade Strategy by USTR; • initiatives to improve labour conditions in min - ing and fisheries; • biannual stakeholder engagement on UFLPA enforcement; and • online RBC and Labor Rights InfoHub by DOL. Environment and just transitions • support for climate-resilient labour rights and just transitions; • programmes to empower women in climate adaptation; and • enhanced civic participation in environmental governance.
120 CHAMBERS.COM
Powered by FlippingBook