NLJ Quotes James Tysse Argument in Entity List Case for Textile Co.

In its article “Chinese Textile Company Challenges Its Inclusion on List Meant for Terrorists and Weapons Traffickers,” The National Law Journal quoted Akin Gump Supreme Court and appellate partner James Tysse’s arguments before the U.S. Court of Appeals for the D.C. Circuit on behalf of client Changji Esquel Textile Co.

Changji, NLJ reports, was added to the government’s Entity List of terrorists, weapons dealers and threats to U.S. security in 2020 after the government accused the company of human rights abuses linked to forced labor by Chinese ethnic minorities in Xinjiang. The company denies those allegations and claims that its inclusion on this list has served to lose it contracts with clothing brands such as Gap Inc.

Tysse noted that the list had not traditionally been associated with those accused of human rights violations and claimed overreach by the U.S. Bureau of Industry and Security, which placed Changji on the list.

Said Tysse, “In 2018 Congress overhauled that regime by placing these regulations on a new statutory footing. It imposes certain restrictions and said what the agency could do in certain situations, but the agency chose to ignore it. It expanded the grounds for the entity list, and it’s never engaged outside of this litigation as to whether there are any limitations on that list at all.”