Ethical Supply Chains: Responding To World Uyghur Congress V NCA

Introduction

In this article, we examine the potential impact on organisations managing global supply chains of the recent Court of Appeal judgement in the case against the National Crime Agency (NCA) brought by the World Uyghur Congress (WUC)¹. The appeal was based on the NCA's decision not to initiate a money laundering investigation under the Proceeds of Crime Act 2002 (POCA), on the basis that the importation of certain cotton goods originating from the Xinjiang Uyghur Autonomous Region (XUAR) may be categorised as criminal property.

Original Proceedings

In the original case, evidence was presented by the WUC to the NCA that 85% of cotton grown in China comes from the XUAR², and there is significant evidence that its production involves conditions of forced labour and exploitation of workers³. The WUC considered the cotton product, which is traded with the UK, to be categorised as criminal property under POCA, based on allegations that its production