California Transparency in Supply Chains Act
Fender Musical Instruments Corporation, and its subsidiaries who conduct business into and within California, including KMC Music, Inc. (collectively, “The FMIC Group”), recognizes and supports the California Transparency in Supply Chains Act (“the Act”). The Act, which takes effect January 1, 2012, requires retailers and manufactures like The FMIC Group to make consumers aware of efforts to detect, and eradicate human slavery from their global supply chains.
As of January 1, 2012, The FMIC Group’s actions in this area consist of the following:
- All of The FMIC Group’s direct suppliers have received a bulletin that not only summarizes the Act, but announces The FMIC Group’s policy of enforcing and supporting the purpose of the Act. A copy of this bulletin may be obtained upon request through contact information below.
- Standard purchase order (PO) terms require all direct suppliers to represent and warrant that products made for and on behalf of The FMIC Group, are in compliance with laws prohibiting forced, or child labor. The terms also include explicit references to California’s Transparency in Supply Chains Act.
- Senior supply chain managers in the FMIC Group have personally met with some of The FMIC’s Group’s most critical OEM partners, to instill ongoing cooperation in The FMIC Group’s commitment against unlawful labor in its supply chain. Master agreements with these critical OEMs contain (like The FMIC Group’s standard PO terms) prohibitions against child or forced labor.
- In territories around the world where The FMIC Group does not sell direct and instead relies upon third party distributors, written distributor agreements are used that contain specific provisions against the use of child labor or slavery.
- The FMIC Group maintains internal accountability standards and procedures for employees failing to meet company standards regarding slavery and trafficking. The FMIC Group’s Code of Conduct holds personnel accountable for ensuring compliance and ethical standards in The FMIC Group’s international business.
- The FMIC Group has, for years, maintained a compliance “hotline” that all personnel are instructed to use in the event violations of law or policies are suspected and/or detected.
- The FMIC Group provides periodic training to impacted personnel on understanding, detecting, reporting and preventing unlawful labor issues in the supply chain. Relevant news stories are routinely tracked and distributed to impacted personnel to ensure the topic remains addressed in The FMIC Group’s normal course of business.
- At this time The FMIC Group does not conduct independent, unannounced inspections of third party facilities in its supply chain (in part due to challenges such as visa requirements in territories where The FMIC Group conducts business). However, for scheduled visits to OEM partner facilities in territories with such requirements, The FMIC Group now routinely includes unannounced agenda items dealing directly with human slavery detection and prevention. Going forward, The FMIC Group is actively seeking opportunities to incorporate independent, unannounced audits into its compliance plan.
The FMIC Group remains committed to building the world’s best musical instruments and accessories, in a way that helps, not hurts the people and communities involved in its business. We welcome your input on this important issue. Written requests from consumers for a copy of this statement, or other information related to the above, may be obtained by emailing us. Responses will be given within 30 days of receiving such request.
CITES Regulations For The Importation And Exportation Of Rosewood Effective January 2, 2017
For United States and Canada Fender, Fender Custom Shop, Squier, Jackson, Charvel, Gretsch or EVH consumers:
On January 2, 2017, new requirements stemming from the Convention on the International Trade of Endangered Species of Flora and Fauna (CITES) became effective that impact the importation and exportation of certain species of rosewood, namely Indian and Indonesian rosewood (more specifically, the genus Dalbergia and three bubinga species -- Guibourtia demeusei, Guibourtia pellegriniana, and Guibourtia tessmannii). Fender Musical Instruments Corporation (FMIC) has prepared this overview of the new requirements for your background. Additional information can be found on the CITES website (https://cites.org/eng) and/or the U.S. Fish & Wildlife Service website (https://www.fws.gov/) and/or the Environment and Climate Change Canada (http://www.ec.gc.ca/cites/default.asp?lang=En&n=1BC82E16-1).
At a meeting in October 2016, CITES member countries decided to add all species of rosewood not already covered by CITES (species other than Brazilian rosewood) to CITES Appendix II. This means that in order to export this rosewood (including products made with this rosewood, such as guitars and basses) on January 2, 2017 or later, an export permit issued by the management authority of the country of export will be needed. Importing countries will require this export permit at the time of importation and may, but are not required to, also require a separate import permit.
The new “Appendix II” requirements do not impact instruments shipped domestically within the United States or Canada or instruments transported internationally for personal, non-commercial use, provided the instrument contains no more than 22 lb (10 kg) of Appendix II rosewood. “Non-commercial use” means a use related to an activity that is not commercial, i.e., not related to an activity that is reasonably likely to result in economic use, gain, or benefit, including, but not limited to, profit (whether in cash or in kind), and includes, but is not limited to, personal use. Examples of non-commercial items include gifts, items not intended for sale that are carried in personal baggage or as part of a household move, and items that are personally owned and shipped to oneself.
For US and Canada consumers who want to ship Fender instruments that contain Appendix II rosewood from the United States to another country or from Canada to another country for commercial reasons or for non-commercial reasons, but the shipment is greater than 22lb (10kg):
What to do:
From United States to Another Country: Apply for a Federal Fish and Wildlife Re-Export Permit issued by the U.S. Fish and Wildlife Service. Then determine whether a separate import permit will also be required from the country into which the product will be imported. For importing procedures of the specific country which you are shipping to, please refer to that country’s importing regulations and requirements.
From Canada to Another Country: Apply for an Application for CITES Permit issued by the Environment and Climate Change Canada. Then determine whether a separate import permit will also be required from the country into which the product will be imported. For importing procedures of the specific country which you are shipping to, please refer to that country’s importing regulations and requirements.
Where to do it:
United States: You can obtain the re-export permit application form from the U.S. Fish & Wildlife Service website at: https://www.fws.gov/forms/3-200-32.pdf.
Canada: You can obtain the re-export permit application form from Environment and Climate Change Canada at: http://www.ec.gc.ca/cites/default.asp?lang=En&n=BA634294-1.
For offices other countries requirements, please refer to this list: https://cites.org/eng/cms/index.php/component/cp.
FMIC will provide documentation to assist with re-export permit application: Depending on when your instrument was manufactured, FMIC will provide, upon request, either a Pre- Convention certificate and/or the CITES export permit that FMIC used to import the rosewood into the United States. If you would like to receive such documentation, please have the serial number(s) of the instrument(s) ready and contact Fender Consumer Relations at:
Telephone: 800-856-9801
E-Mail: consumerrelations@fender.com
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We hope that this overview is helpful. If you have any questions that are not addressed here, or otherwise have any questions about how these requirements apply to you or your business, please refer to the CITES or US Fish and Wildlife websites or Environment and Climate Change Canada or contact your legal advisor. FMIC is committed to assisting its customers, but is not able to provide legal advice and is not responsible in any way for others’ non-compliance with governing requirements or regulations and/or detained or seized shipments or other results from such requirements.