Reed Smith Client Alerts

As discussed in Reed Smith’s previous client alerts, the Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods mined, produced, or manufactured, wholly or in part, in China’s Xinjiang Uyghur Autonomous Region (Xinjiang), or produced by certain entities, are made with forced labor and are therefore banned from importation into the United States.

On June 17, 2022 – just a few days before the UFLPA’s rebuttable presumption took effect on June 21, 2022 – the Forced Labor Enforcement Task Force (FLETF), chaired by the U.S. Department of Homeland Security, published its Uyghur Forced Labor Prevention Act enforcement strategy (the Strategy), as required by the UFLPA. On June 13, 2022, prior to the issuance of the Strategy, the U.S. Customs and Border Protection (CBP) issued its UFLPA operational guidance, outlining the enforcement process and the types of documentation and information importers may need to overcome the UFLPA’s rebuttable presumption. A general summary and key highlights from the Strategy are outlined below.

FLETF’s enforcement strategy overview

The Strategy includes 60 pages of information covering the following topics:

  • An evaluation and description of common forced-labor schemes, the UFLPA Entity List, enforcement plans, and high-priority sectors for enforcement
  • A description of how CBP plans to enhance its use of legal authorities and tools to prevent the entry of goods at U.S. ports that violate 19 U.S.C. section 1307
  • Guidance for importers on effective due diligence measures and the types of evidence necessary to overcome the UFLPA’s rebuttable presumption
  • The U.S. government’s comprehensive assessment of the risk of importing goods mined, produced, or manufactured (in whole or in part) in China using forced labor
  • Recommendations for efforts, initiatives, tools, and technologies to ensure that CBP can accurately identify and trace goods made in the Xinjiang region
  • The U.S. government’s plan to collaborate and coordinate with appropriate nongovernmental organizations and entities in the private sector to update and implement the Strategy
  • A description of additional resources necessary for CBP to ensure that no goods made with forced labor enter through U.S. ports