The UFLPA has tasked the interagency Forced Labor Enforcement Task Force (FLETF) with developing and submitting an enforcement strategy to Congress for review. The enforcement strategy is required to include (i) information on high-priority sectors for U.S. Customs and Border Protection (CBP) enforcement; (ii) a list of entities utilizing forced labor in the XUAR or working with the XUAR government to recruit forced labor; (iii) a list of products mined, produced, or manufactured by these entities; (iv) a list of facilities and entities sourcing materials from the XUAR; (v) a plan for identifying such entities and facilities; and (vi) enforcement plans for the above. As part of its enforcement strategy, the FLETF is required to provide guidance to importers on due diligence measures, effective supply chain tracing, and the type, nature, and extent of evidence required to demonstrate that goods are not produced in XUAR or with forced labor. CBP has advised that the FLETF’s strategy and related guidance will be issued on June 21, 2022. Further details on how importers and multinational corporations can prepare for the UFLPA’s implementation are outlined below.
Reed Smith Client Alerts
Preparing for Enforcement of the Uyghur Forced Labor Prevention Act
The Uyghur Forced Labor Prevention Act (UFLPA) establishes a rebuttable presumption that goods, wares, articles, or merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of the People’s Republic of China, or produced by certain entities, are made with forced labor and are therefore prohibited from entry. For additional background on UFLPA, please see Reed Smith’s previous client alert. This rebuttable presumption goes into effect on June 21, 2022.