March 19, 2021

Subcommittee Reports

UCC Subcommittee and CSR Task Force:


BALANCING BUYER AND SUPPLIER RESPONSIBILITIES:

Model Contract Clauses to Protect Workers in International Supply Chains, Version 2.0

Working Group to Draft Human Rights Protections in Supply Contracts

David Snyder, chair (dsnyder@wcl.american.edu)

Susan Maslow, vice chair (smaslow@ammlaw.com)

Principled Purchasing Project led by Sarah Dadush (s.dadush@law.rutgers.edu)

The 2021 Report and Model Contract Clauses, Version 2.0 (MCCs 2.0) from the Working Group to Draft Human Rights Protections in International Supply Contracts are now finalized and fast tracked to be published on the Business Law Today website and later in The Business Lawyer.   The MCCs 2.0 are designed as an improvement on, and an alternative to, those published more than two years ago as one of several initiatives within the Business Law Section’s implementation of the ABA Model Principles on Labor Trafficking and Child Labor.  The MCCs 2.0 are offered as a practical, contractual tool to assist corporate counsel in efforts to reflect their clients’ commitment to stated human rights policies and desire to abide by international human rights soft and evolving hard law. A panel CLE discussion explaining the significant changes in the MCCs 2.0 to better reflect feedback and international mandatory disclosure and human rights due diligence is scheduled for Tuesday, April 20, 2021 at 10:45 AM to 12:15 PM during the BLS’s Virtual Spring Meeting. 

The Working Group is in the process of developing a strategy to demonstrate the value of the suggested clauses to manufacturers across multiple sectors, hotel chains, health care provider systems, state and local bar associations, university systems and other procurement departments.  Completing the drafting of the MCCs 2.0 was rewarding but the objective has always been widespread use to protect both businesses and the human rights of workers in global supply chains.

To that end, the Working Group will have another joint working session with the CSR Subcommittee to Implement the ABA Model Principles on Labor Trafficking and Child Labor during the BLS’s Spring Meeting on Wednesday, April 21st at 10:00 AM – 12 Noon.  If you are interested in learning more about the MCCs 2.0, in addition to attending the CLE mentioned above, please join the working session. The Working Group is looking for your ideas as to how best to communicate to your clients, in-house and outside counsel and others the reasons to adopt the MCCs 1.0 or 2.0.   For a copy of the materials, please contact anyone of the individuals noted above.