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Red Flags for Forced Labor Found in China’s Car Battery Supply Chain

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Red Flags for Forced Labor Found in China’s Car Battery Supply Chain

The {photograph} on the mining conglomerate’s social media account confirmed 70 ethnic Uyghur employees standing at consideration beneath the flag of the Folks’s Republic of China. It was March 2020 and the recruits would quickly bear coaching in administration, etiquette and “loving the get together and the nation,” their new employer, the Xinjiang Nonferrous Metallic Business Group, introduced.

However this was no peculiar employee orientation. It was the form of program that human rights teams and U.S. officers take into account a crimson flag for compelled labor in China’s western Xinjiang area, the place the Communist authorities have detained or imprisoned greater than 1 million Uyghurs, ethnic Kazakhs and members of different largely Muslim minorities.

The scene additionally represents a possible downside for the worldwide effort to struggle local weather change.

China produces three-quarters of the world’s lithium ion batteries, and virtually all of the metals wanted to make them are processed there. A lot of the fabric, although, is definitely mined elsewhere, in locations like Argentina, Australia and the Democratic Republic of Congo. Uncomfortable with counting on different nations, the Chinese language authorities has more and more turned to western China’s mineral wealth as a technique to shore up scarce provides.

Meaning firms just like the Xinjiang Nonferrous Metallic Business Group are assuming a bigger function within the provide chain behind the batteries that energy electrical autos and retailer renewable vitality — at the same time as China’s draconian crackdown on minorities in Xinjiang fuels outrage all over the world.

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The Chinese language authorities denies the presence of compelled labor in Xinjiang, calling it “the lie of the century.” However it acknowledges operating what it describes as a piece switch program that sends Uyghurs and different ethnic minorities from the area’s extra rural south to jobs in its extra industrialized north.

Xinjiang Nonferrous and its subsidiaries have partnered with the Chinese language authorities to soak up a whole lot of such employees in recent times, in response to articles displayed proudly in Chinese language on the corporate’s social media account. These employees have been ultimately despatched to work within the conglomerate’s mines, a smelter and factories that produce a number of the most extremely sought minerals on earth, together with lithium, nickel, manganese, beryllium, copper and gold.

It’s troublesome to hint exactly the place the metals produced by Xinjiang Nonferrous go. However some have been exported to the US, Germany, the UK, Japan, South Korea and India, in response to firm statements and customs information. And a few have gone to giant Chinese language battery makers, who in flip, immediately or not directly, provide main American entities, together with automakers, vitality firms and the U.S. army, in response to Chinese language information reviews.

It’s unclear whether or not these relationships are ongoing, and Xinjiang Nonferrous didn’t reply to requests for remark.

However this beforehand unreported connection between essential minerals and the form of work switch packages in Xinjiang that the U.S. authorities and others have known as a type of compelled labor might portend hassle for industries that rely upon these supplies, together with the worldwide auto sector.

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A brand new regulation, the Uyghur Compelled Labor Prevention Act, goes into impact in the US on Tuesday and can bar merchandise that have been made in Xinjiang or have ties to the work packages there from getting into the nation. It requires importers with any ties to Xinjiang to provide documentation displaying that their merchandise, and each uncooked materials they’re made with, are freed from compelled labor — a tough enterprise given the complexity and opacity of Chinese language provide chains.

The attire, meals and photo voltaic industries have already been upended by reviews linking their provide chains in Xinjiang to compelled labor. Photo voltaic firms final 12 months have been compelled to halt billions of {dollars} of tasks as they investigated their provide chains.

The worldwide battery trade might face its personal disruptions given Xinjiang’s deep ties to the uncooked supplies wanted for next-generation expertise.

Commerce consultants have estimated that 1000’s of world firms may very well have some hyperlink to Xinjiang of their provide chains. If the US absolutely enforces the brand new regulation, it might end in many merchandise being blocked on the border, together with these wanted for electrical autos and renewable vitality tasks.

Some administration officers raised objections to chopping off shipments of all Chinese language items linked with Xinjiang, arguing that it could be disruptive to the U.S. economic system and the clear vitality transition.

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Consultant Thomas R. Suozzi, a Democrat from New York who helped create the Congressional Uyghur Caucus, stated that whereas banning merchandise from the Xinjiang area would possibly make items go up in worth, “it’s too rattling dangerous.”

“We will’t proceed to do enterprise with folks which are violating primary human rights,” he stated.

To know how reliant the battery trade is on China, take into account the nation’s function in producing the supplies which are essential to the expertise. Whereas lots of the metals utilized in batteries right this moment are mined elsewhere, virtually the entire processing required to show these supplies into batteries takes place in China. The nation processes 50 to 100% of the world’s lithium, nickel, cobalt, manganese and graphite, and makes 80 % of the cells that energy lithium ion batteries, in response to Benchmark Mineral Intelligence, a analysis agency.

“Should you have been to have a look at any electrical automobile battery, there could be some involvement from China,” stated Daisy Jennings-Grey, a senior analyst at Benchmark Mineral Intelligence.

The supplies Xinjiang Nonferrous has produced — together with a dizzying array of beneficial minerals, like zinc, beryllium, cobalt, vanadium, lead, copper, gold, platinum and palladium — have gone into all kinds of shopper merchandise, together with prescription drugs, jewellery, constructing supplies and electronics. The corporate additionally claims to be certainly one of China’s largest producers of lithium metallic, and its second-largest producer of nickel cathode, which can be utilized to make batteries, stainless-steel and different items.

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In recent times, the corporate has expanded into Xinjiang’s south, the homeland of most Uyghurs, buying beneficial new deposits that executives describe as “essential” to China’s useful resource safety.

Ma Xingrui, a former aerospace engineer who was appointed Communist Get together secretary of Xinjiang in 2021, has talked up Xinjiang’s prospects as a supply of high-tech supplies. This month, he advised executives from Xinjiang Nonferrous and different state-owned firms that they need to “step up” in new vitality, supplies and different strategic sectors.

Xinjiang Nonferrous’s function in work switch packages ramped up a number of years in the past, as a part of efforts by the Chinese language chief Xi Jinping to drastically remodel Uyghur society to grow to be richer, extra secular and constant to the Communist Get together. In 2017, the Xinjiang authorities introduced plans to switch 100,000 folks from southern Xinjiang into new jobs over three years. Dozens of state-owned firms, together with Xinjiang Nonferrous, have been assigned to soak up 10,000 of these laborers in return for subsidies and bonuses.

Transferred employees seem to make up solely a minor a part of the labor power at Xinjiang Nonferrous, maybe a couple of hundred of its greater than 7,000 workers. The corporate and its subsidiaries reported recruiting 644 employees from two rural counties of southern Xinjiang from 2017 to 2020, and coaching extra since then.

Some laborers have been despatched to the corporate’s copper-nickel mine and smelter, that are operated by Xinjiang Xinxin Mining Business, a Hong Kong-listed subsidiary that has acquired funding from the state of Alaska, the College of Texas system and Vanguard. Different laborers went to subsidiaries that produce lithium, manganese and gold.

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Earlier than being assigned to work, predominantly Muslim minorities got lectures on “eradicating non secular extremism” and changing into obedient, law-abiding employees who “embraced their Chinese language nationhood,” Xinjiang Nonferrous stated.

Inductees for one firm unit underwent six months of coaching together with military-style drills and ideological coaching. They have been inspired to talk out towards non secular extremism, oppose “two-faced people” — a time period for many who privately oppose Chinese language authorities insurance policies — and write a letter to their hometown elders expressing gratitude to the Communist Get together and the corporate, in response to the corporate’s social media account. Trainees confronted strict assessments, with “morality” and rule compliance accounting for half of their rating. Those that scored effectively earned higher pay, whereas college students and academics who violated guidelines have been punished or fined.

Even because it promotes the successes of the packages, the corporate’s propaganda hints on the authorities stress on it to fulfill labor switch targets, even by way of the coronavirus pandemic.

A 2017 article within the Xinjiang Each day quoted one 33-year-old villager as saying that he was initially “reluctant to exit to work” and “fairly happy” along with his earnings from farming, however was persuaded to go to work at Xinjiang Nonferrous’ subsidiary after get together members visited his home a number of occasions to “work on his pondering.” And in a go to in 2018 to Keriya County, Zhang Guohua, the corporate president, advised officers to “work on the pondering” of households of transferred laborers to make sure that nobody deserted their jobs.

Chinese language authorities say that each one employment is voluntary, and that work transfers assist free rural households from poverty by giving them regular wages, abilities and Chinese language-language coaching.

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It’s troublesome to determine the extent of coercion any particular person employee has confronted given the restricted entry to Xinjiang for journalists and analysis corporations. Laura T. Murphy, a professor of human rights and up to date slavery at Sheffield Hallam College in Britain, stated that resisting such packages is seen as an indication of extremist exercise and carries a danger of being despatched to an internment camp.

“A Uyghur particular person can’t say no to this,” she stated. “They’re harassed or, within the authorities’s phrases, educated,’ till they’re compelled to go.”

Recordsdata from police servers in Xinjiang revealed by the BBC final month described a shoot-to-kill coverage for these attempting to flee from internment camps, in addition to necessary blindfolds and shackles for “college students” being transferred between services.

Different Chinese language metallic and mining firms additionally seem like linked with labor transfers at a smaller scale, together with Zijin Mining Group Co. Ltd., which has acquired cobalt and lithium property across the globe, and Xinjiang TBEA Group Co. Ltd., which makes aluminum for lithium battery cathodes, in response to media reviews and educational analysis. Different entities that have been beforehand sanctioned by the US over human rights abuses are additionally concerned within the provide chain for graphite, a key battery materials that’s solely refined in China, in response to Horizon Advisory, a analysis agency.

The uncooked supplies that these laborers produce disappear into complicated and secretive provide chains, usually passing by way of a number of firms as they’re become auto components, electronics and different items. Whereas that makes them troublesome to hint, information present that Xinjiang Nonferrous has developed a number of potential channels to the US. Many extra of the corporate’s supplies are doubtless remodeled in Chinese language factories into different merchandise earlier than they’re despatched overseas.

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For instance, Xinjiang Nonferrous is a present provider to the China operations of Livent Company, a chemical large with headquarters in the US that makes use of lithium to provide a chemical used to make car interiors and tires, hospital gear, prescription drugs, agrochemicals and electronics.

A Livent spokesman stated that the agency prohibits compelled labor amongst its distributors, and that its due diligence had not indicated any crimson flags. Livent didn’t reply to a query about whether or not merchandise made with supplies from Xinjiang are exported to the US.

In principle, the brand new U.S. regulation ought to block all items made with any uncooked supplies which are related to Xinjiang till they’re confirmed to be freed from slavery or coercive labor practices. However it stays to be seen if the U.S. authorities is keen or capable of flip away such an array of international items.

“China is so central to so many provide chains,” stated Evan Smith, the chief government of the provision chain analysis firm Altana AI. “Compelled labor items are making their manner into a extremely broad swath of our world economic system.”

Raymond Zhong and Michael Forsythe reporting.

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Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case

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Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case

In a lively Supreme Court argument on Tuesday that included references to cookies, cocktails and toxic mushrooms, the justices tried to find the line between misleading statements and outright lies in the case of a Chicago politician convicted of making false statements to bank regulators.

The case concerned Patrick Daley Thompson, a former Chicago alderman who is the grandson of one former mayor, Richard J. Daley, and the nephew of another, Richard M. Daley. He conceded that he had misled the regulators but said his statements fell short of the outright falsehoods he said were required to make them criminal.

The justices peppered the lawyers with colorful questions that tried to tease out the difference between false and misleading statements.

Chief Justice John G. Roberts Jr. asked whether a motorist pulled over on suspicion of driving while impaired said something false by stating that he had had one cocktail while omitting that he had also drunk four glasses of wine.

Caroline A. Flynn, a lawyer for the federal government, said that a jury could find the statement to be false because “the officer was asking for a complete account of how much the person had had to drink.”

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Justice Ketanji Brown Jackson asked about a child who admitted to eating three cookies when she had consumed 10.

Ms. Flynn said context mattered.

“If the mom had said, ‘Did you eat all the cookies,’ or ‘how many cookies did you eat,’ and the child says, ‘I ate three cookies’ when she ate 10, that’s a false statement,” Ms. Flynn said. “But, if the mom says, ‘Did you eat any cookies,’ and the child says three, that’s not an understatement in response to a specific numerical inquiry.”

Justice Sonia Sotomayor asked whether it was false to label toxic mushrooms as “a hundred percent natural.” Ms. Flynn did not give a direct response.

The case before the court, Thompson v. United States, No. 23-1095, started when Mr. Thompson took out three loans from Washington Federal Bank for Savings between 2011 and 2014. He used the first, for $110,000, to finance a law firm. He used the next loan, for $20,000, to pay a tax bill. He used the third, for $89,000, to repay a debt to another bank.

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He made a single payment on the loans, for $390 in 2012. The bank, which did not press him for further payments, went under in 2017.

When the Federal Deposit Insurance Corporation and a loan servicer it had hired sought repayment of the loans plus interest, amounting to about $270,000, Mr. Thompson told them he had borrowed $110,000, which was true in a narrow sense but incomplete.

After negotiations, Mr. Thompson in 2018 paid back the principal but not the interest. More than two years later, federal prosecutors charged him with violating a law making it a crime to give “any false statement or report” to influence the F.D.I.C.

He was convicted and ordered to repay the interest, amounting to about $50,000. He served four months in prison.

Chris C. Gair, a lawyer for Mr. Thompson, said his client’s statements were accurate in context, an assertion that met with skepticism. Justice Elena Kagan noted that the jury had found the statements were false and that a ruling in Mr. Thompson’s favor would require a court to rule that no reasonable juror could have come to that conclusion.

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Justices Neil M. Gorsuch and Brett M. Kavanaugh said that issue was not before the court, which had agreed to decide the legal question of whether the federal law, as a general matter, covered misleading statements. Lower courts, they said, could decide whether Mr. Thompson had been properly convicted.

Justice Samuel A. Alito Jr. asked for an example of a misleading statement that was not false. Mr. Gair, who was presenting his first Supreme Court argument, responded by talking about himself.

“If I go back and change my website and say ‘40 years of litigation experience’ and then in bold caps say ‘Supreme Court advocate,’” he said, “that would be, after today, a true statement. It would be misleading to anybody who was thinking about whether to hire me.”

Justice Alito said such a statement was, at most, mildly misleading. But Justice Kagan was impressed.

“Well, it is, though, the humblest answer I’ve ever heard from the Supreme Court podium,” she said, to laughter. “So good show on that one.”

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SEC probes B. Riley loan to founder, deals with franchise group

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SEC probes B. Riley loan to founder, deals with franchise group

B. Riley Financial Inc. received more demands for information from federal regulators about its dealings with now-bankrupt Franchise Group as well as a personal loan for Chairman and co-founder Bryant Riley.

The Los Angeles-based investment firm and Riley each received additional subpoenas in November from the U.S. Securities and Exchange Commission seeking documents and information about Franchise Group, or FRG, the retail company that was once one of its biggest investments before its collapse last year, according to a long-delayed quarterly filing. The agency also wants to know more about Riley’s pledge of B. Riley shares as collateral for a personal loan, the filing shows.

B. Riley previously received SEC subpoenas in July for information about its dealings with ex-FRG chief executive Brian Kahn, part of a long-running probe that has rocked B. Riley and helped push its shares to their lowest in more than a decade. Bryant Riley, who founded the company in 1997 and built it into one of the biggest U.S. investment firms beyond Wall Street, has been forced to sell assets and raise cash to ease creditors’ concerns.

The firm and Riley “are responding to the subpoenas and are fully cooperating with the SEC,” according to the filing. The company said the subpoenas don’t mean the SEC has determined any violations of law have occurred.

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Shares in B. Riley jumped more than 25% in New York trading after the company’s overdue quarterly filing gave investors their first formal look at the firm’s performance in more than half a year. The data included a net loss of more than $435 million for the three months ended June 30. The shares through Monday had plunged more than 80% in the past 12 months, trading for less than $4 each.

B. Riley and Kahn — a longstanding client and friend of Riley’s — teamed up in 2023 to take FRG private in a $2.8-billion deal. The transaction soon came under pressure when Kahn was tagged as an unindicted co-conspirator by authorities in the collapse of an unrelated hedge fund called Prophecy Asset Management, which led to a fraud conviction for one of the fund’s executives.

Kahn has said he didn’t do anything wrong, that he wasn’t aware of any fraud at Prophecy and that he was among those who lost money in the collapse. But federal investigations into his role have spilled over into his dealings with B. Riley and its chairman, who have said internal probes found they “had no involvement with, or knowledge of, any alleged misconduct concerning Mr. Kahn or any of his affiliates.”

FRG filed for Chapter 11 bankruptcy in November, a move that led to hundreds of millions of dollars of losses for B. Riley. The collapse made Riley “personally sick,” he said at the time.

One of the biggest financial problems to arise from the FRG deal was a loan that B. Riley made to Kahn for about $200 million, which was secured against FRG shares. With that company’s collapse into bankruptcy in November wiping out equity holders, the value of the remaining collateral for this debt has now dwindled to only about $2 million, the filing shows.

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Griffin writes for Bloomberg.

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Starbucks Reverses Its Open-Door Policy for Bathroom Use and Lounging

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Starbucks Reverses Its Open-Door Policy for Bathroom Use and Lounging

Starbucks will require people visiting its coffee shops to buy something in order to stay or to use its bathrooms, the company announced in a letter sent to store managers on Monday.

The new policy, outlined in a Code of Conduct, will be enacted later this month and applies to the company’s cafes, patios and bathrooms.

“Implementing a Coffeehouse Code of Conduct is something most retailers already have and is a practical step that helps us prioritize our paying customers who want to sit and enjoy our cafes or need to use the restroom during their visit,” Jaci Anderson, a Starbucks spokeswoman, said in an emailed statement.

Ms. Anderson said that by outlining expectations for customers the company “can create a better environment for everyone.”

The Code of Conduct will be displayed in every store and prohibit behaviors including discrimination, harassment, smoking and panhandling.

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People who violate the rules will be asked to leave the store, and employees may call law enforcement, the policy says.

Before implementation of the new policy begins on Jan. 27, store managers will be given 40 hours to prepare stores and workers, according to the company. There will also be training sessions for staff.

This training time will be used to prepare for other new practices, too, including asking customers if they want their drink to stay or to go and offering unlimited free refills of hot or iced coffee to customers who order a drink to stay.

The changes are part of an attempt by the company to prioritize customers and make the stores more inviting, Sara Trilling, the president of Starbucks North America, said in a letter to store managers.

“We know from customers that access to comfortable seating and a clean, safe environment is critical to the Starbucks experience they love,” she wrote. “We’ve also heard from you, our partners, that there is a need to reset expectations for how our spaces should be used, and who uses them.”

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The changes come as the company responds to declining sales, falling stock prices and grumbling from activist investors. In August, the company appointed a new chief executive, Brian Niccol.

Mr. Niccol outlined changes the company needed to make in a video in October. “We will simplify our overly complex menu, fix our pricing architecture and ensure that every customer feels Starbucks is worth it every single time they visit,” he said.

The new purchase requirement reverses a policy Starbucks instituted in 2018 that said people could use its cafes and bathrooms even if they had not bought something.

The earlier policy was introduced a month after two Black men were arrested in a Philadelphia Starbucks while waiting to meet another man for a business meeting.

Officials said that the men had asked to use the bathroom, but that an employee had refused the request because they had not purchased anything. An employee then called the police, and part of the ensuing encounter was recorded on video and viewed by millions of people online, prompting boycotts and protests.

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In 2022, Howard Schultz, the Starbucks chief executive at the time, said that the company was reconsidering the open-bathroom policy.

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