FAQ: Complying with the Uyghur Forced Labor Prevention Act

The Uyghur Forced Labor Prevention Act (UFLPA) strengthens the prohibition against the importation of goods produced with forced labor from entering the United States and bans any goods produced in the XUAR or by entities associated with the XUAR government from entering the United States. The law specifically prevents the People’s Republic of China from undermining enforcement of Section 307 of the Tariff Act of 1930, which also prohibits importing goods produced by forced labor. President Joe Biden signed the act into law on Dec. 23, 2021, and it is effective June 21, 2022.

The ban applies to any goods produced or manufactured wholly or in part in the XUAR. All goods imported from the XUAR will be detained, but importers may request an exception by: 

• Providing “clear and convincing” evidence that the goods were not produced with forced labor
• Complying with the strategy set forth by the Forced Labor Enforcement Task Force (FLETF)
• Completely and substantively cooperating with all U.S. Customs and Border Protection (CBP) inquiries

The determination of exceptions will be made by commissioner of the CBP. If an exception is approved, the commissioner must submit the determination to Congress and make it publicly available.

CBP currently stops any goods determined to be produced using forced labor from entering the United States by issuing withhold release orders (WROs). Over the past few years, CBP has issued several WROs against goods such as silica-based products, cotton, tomatoes, and computer parts produced in the XUAR. 

FLETF is creating the strategy behind enforcing UFLPA. FLETF held a public hearing in April 2022, allowing comments on preventive and due diligence measures on the importation of goods produced with forced labor from the People’s Republic of China into the United States.

Although our focus here is UFLPA specifically, the issue of forced labor is broader than one geographic location. Forced labor and human trafficking is an international problem.

As pressure builds to eliminate human trafficking from global supply chains, organizations should implement a strong anti-human trafficking and human rights program to strengthen their responsible sourcing policies and practices. Specifically, in addition to complying with UFLPA, companies should develop robust compliance plans to meet requirements such as the U.K.’s Modern Slavery Act of 2015, New South Wales’ Modern Slavery Act of 2018, Australia’s Commonwealth Modern Slavery Act of 2018, and Germany’s Supply Chain Due Diligence Act.