Uyghur Forced Labor Prevention Act

Reporting
- The law creates a presumption that any goods, articles, wares, and merchandise produced wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of China were made with forced labor and unfit for entry into the U.S.
- The U.S. Customs and Border Patrol (CBP) Commissioner applies the presumption unless the importer: (1) fully complied with due diligence and supply chain tracing guidance; (2) complies fully and substantively with Commissioner's requests for information; and by (3) clear and convincing evidence the good, article or ware was not manufactured wholly or partially by forced labor.
Due Diligence
- Although the law does not directly require importers to engage in supply chain tracing and supply chain management measures, it will necessary for corporations to take those steps to ensure that goods they are importing are not manufactured with forced labor in the XUAR.
- The Force Labor Enforcement Task Force (FLETF) is instructed to issue due diligence guidance to support importers in complying with the law.

Human Rights
- The law is intended to combat labor-related and human rights abuses against Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in the People’s Republic of China, and particularly in the XUAR.
Environment
Broad ranging
- The Law creates a presumption that any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in XUAR were made with forced labor and unfit for entry into the U.S.
- This provision also applies to: (1) entities such as entities in the XUAR region; (2) entities working with XUAR government to recruit, transport, or receive forced labor from persecuted groups in the XUAR region; and (3) entities that export products produced wholly or in part by forced labor from the People’s Republic of China into the United States.

Own Operations
Subsidiaries
Direct Suppliers
Indirect Suppliers
- The Act uses expansive language to prohibit goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in XUAR with forced labor, regardless of where in the supply chain forced labor takes place.

Monitoring
- The CBP Commissioner monitors import information collected by other government agencies to identify imports of products made using forced labor. The CBP Commissioner also accepts petitions and tips including evidence of goods made using forced labor.
Administrative Sanctions
- If the CBP Commissioner finds a report to be reasonably indicative that imports are the product of forced labor, then the Commissioner must issue a withhold and release order (WRO) to detain suspected goods. The CBP Commissioner can issue a Finding if they find evidence that confirms the presence of forced labor. A finding allows CBP to seize the goods upon importation.
- Within 180 days of enactment, the President must submit an initial report to Congress outlining non-U.S. individuals subject to economic sanctions.
- The President must submit (minimum annually) reports outlining non-U.S. persons responsible for human rights violations in the XUAR.

Large Companies
- The law applies to all company sizes.
SMEs
- The law applies to all company sizes.
All sectors
- While this law does not apply to specific sectors, enforcement focuses on high priority sectors such as cotton, tomatoes, and polysilicon.

Civil Liability
- No language related to civil liability, facilitating access to justice, or other.
Facilitating Access to Justice
- No language related to civil liability, facilitating access to justice, or other.

Official Guidance

On June 21, 2022, the Forced Labor Enforcement Task Force (FLETF) must provide guidance to importers on steps to guarantee that imported goods are not the product of forced labor. This guidance will outline due diligence requirements, supply chain tracing, and management.
Until March 10, 2022, interested parties may submit public comments to U.S. Customs and Border Protection (CBP) regarding best practices and steps to guarantee that goods produced from the People’s Republic of China are not the product of forced labor.
No later than 90 days after the enactment of the Act, the Secretary of State and other departments shall submit a report with strategies to enhance international awareness of forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) to appropriate congressional committees.

Law