The Uyghur Forced Labor Prevention Act, or UFLPA, was signed into law by President Joe Biden on December 23, 2021. This significant international trade legislation was the U.S. response to the Chinese government's systemic use of forced labor against Uyghurs and other ethnic minorities in the Xinjiang Uyghur Autonomous Region (XUAR) in the People's Republic of China. The UFLPA (Public Law No. 117-78), directs the Forced Labor Enforcement Task Force to develop a strategy for supporting enforcement of the prohibition on the importation of goods into the United States manufactured wholly or in part with forced labor in the People's Republic of China, especially from the XUAR.
Effective June 21, 2022, CBP enforces the rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the XUAR, or by an entity on the UFLPA Entity List, are prohibited from U.S. importation under 19 U.S.C. § 1307. CBP's enforcement of this act is crucial to ensuring that goods entering the U.S. are not the product of human suffering.
CBP Roles and Responsibilities
CBP is responsible for preventing the entry of products made with forced labor in the U.S. CBP leads the implementation of the rebuttable presumption under the UFLPA, and conducts applicability and exception reviews in the event goods are detained under the UFLPA.
CBP has published a UFLPA dashboard providing statistics on shipments subjected to UFLPA reviews and enforcement actions. An associated data dictionary describes various data elements referenced in the dashboard.
CBP's Operational Guidance for Importers
CBP has released importer guidance to assist the trade community in preparing for the implementation of the UFLPA rebuttable presumption.
Have questions about UFLPA Enforcement?
Check the below Frequently Asked Questions to see if your questions about UFLPA Enforcement may be answered here.
Have questions about UFLPA Strategy?
Check the below Frequently Asked Questions to see if your questions about UFLPA Strategy may be answered here.
Have questions about UFLPA Applicability Reviews?
Check the documents below for UFLPA Applicability Review best practices, as well as guidance on executive summaries and sample tables of contents for Applicability Review submissions.
UFLPA Attachment to the Notice of Detention
See the UFLPA Attachment to the Notice of Detention, which provides example documentation importers may consider providing to CBP if they wish to prove their goods are not made in whole or in part with forced labor and to secure release of their shipment.
UFLPA Fact Sheet
This Fact Sheet provides essential information and resources for importers on the Uyghur Forced Labor Prevention Act (UFLPA).
Related Resources
DHS Resources
CBP Resources
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Due Diligence U.S. Government and NGO Publication Resources
International Standards Resources*- The United Nations Guiding Principles on Business and Human Rights
- The Organization for Economic Co-operation and Development Guidelines for Multinational Enterprises (including sector-specific guidance)
- The International Labour Organization Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy
- The International Labour Organization publication, Combating Forced Labour: A Handbook for Employers and Business
- International Labour Organization Guidelines Concerning the Measurement of Forced Labor
- International Labour Organization General Principles and Operational Guidelines for Fair Recruitment
- International Organization for Migration’s ethical recruitment standards
- The Office of the High Commissioner for Human Rights guide on The Corporate Responsibility to Respect Human Rights (OHCHR guide)
- U.S. Department of Labor Comply Chain
- U.S. Department of State Responsible Sourcing Tool
- Federal Acquisition Regulations
- National Action Plan on Responsible Business Conduct
- The updated Xinjiang Supply Chains Business Advisory (July 2021)
- CBP Reasonable Care: An Informed Compliance Publication
- CBP forced labor website resources
- CBP Withhold Release Orders and Findings, including those involving China and Xinjiang, and related FAQs that may aid importers in identifying additional merchandise, regions, and producers whose imports into the United States may be subject to exclusion and/or seizure.
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Additional FLETF Agency Resources Related to the Region
- The updated Xinjiang Supply Chains Business Advisory (July 2021)
- U.S. Department of Labor Forced Labor in Xinjiang
- U.S. Department of State Guidance on Implementing the "UN Guiding Principles" for Transactions Linked to Foreign Government End-Users for Products or Services with Surveillance Capabilities
- U.S. Department of State Forced Labor in China’s Xinjiang Region (J/TIP fact sheet)
- U.S. Department of State Responsible Business Conduct
Importer Letters
Select the boxes below to view various importer letters associated with the UFLPA.
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UFLPA Known Importer Letter
Dear [Importer],
As you are likely aware, Congress recently passed, and the President signed into law, the Uyghur Forced Labor Prevention Act (“the Act”). The Act, codified under 22 U.S.C. §6901 note, established a rebuttable presumption that any goods, wares, articles, and 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 an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) are prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. §1307) are not entitled to entry at any of the ports of the United States.
The Act requires CBP to apply the rebuttable presumption unless the importer can overcome the presumption of forced labor by establishing, by clear and convincing evidence, that the good, ware, article, or merchandise was not mined, produced, or manufactured wholly or in part by forced labor. This elevated standard will require the importer to not only use due diligence in evaluation of its supply chain, but also to respond completely and substantively to CBP requests for information regarding entries it may review.
As your company has previously imported merchandise sourced from locations or entities potentially subject to the Act, you are being notified that any future entries of such merchandise may be subject to CBP enforcement action, including seizure, forfeiture and/or penalties, or other appropriate action under the customs laws. In any future CBP enforcement action related to such merchandise, CBP will take into consideration the fact that you have been provided this notice in determining appropriate administrative remedies.
In anticipation of the rebuttable presumption becoming effective on June 21, 2022, an implementation strategy and guidance for the trade community will be issued to ensure compliance with the Act. CBP is urging importers to be proactive and closely review their supply chains to ensure any goods or materials are not sourced from the XUAR in violation of the Act. It is incumbent upon you as an importer to apply due diligence, effective supply chain tracing, and supply chain management measures to ensure that such imports are free from any goods mined, produced, or manufactured wholly or in part with forced labor from the People’s Republic of China, especially from the XUAR.
For the most up-to-date information on CBP’s UFLPA implementation, please see our website at https://www.cbp.gov/trade/forced-labor/UFLPA. Questions regarding UFLPA may be submitted to [email protected].
Sincerely,
Thomas Overacker, Executive Director
Cargo and Conveyance Security
Office of Field Operations
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CTPAT - UFLPA Known Importer Letter
Dear [Importer],
As you are likely aware, Congress recently passed, and the President signed into law, the Uyghur Forced Labor Prevention Act (“the Act”). The Act, codified under 22 U.S.C. §6901 note, established a rebuttable presumption that any goods, wares, articles, and 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 an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) are prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. §1307) are not entitled to entry at any of the ports of the United States.
The Act requires CBP to apply the rebuttable presumption unless the importer can overcome the presumption of forced labor by establishing, by clear and convincing evidence, that the good, ware, article, or merchandise was not mined, produced, or manufactured wholly or in part by forced labor. This elevated standard will require the importer to not only use due diligence in evaluation of its supply chain, but also to respond completely and substantively to CBP requests for information regarding entries it may review.
As your company has previously imported merchandise from locations or entities potentially subject to the Act, you are being notified that subsequent entries of such merchandise may result in, among other things, suspension or removal from the Customs Trade Partnership Against Terrorism (CTPAT) program, seizure, forfeiture and/or penalties, or other appropriate action under the customs laws. Please note that this notice may serve as an aggravating factor should CBP take enforcement action upon determining future violations of the Act.
In anticipation of the rebuttable presumption becoming effective on June 21, 2022, an implementation strategy and guidance for the trade community will be issued to ensure compliance with the Act. CBP is urging importers to be proactive and closely review their supply chains to ensure any goods or materials are not sourced from the XUAR in violation of the Act. It is incumbent upon you as an importer to apply due diligence, effective supply chain tracing, and supply chain management measures to ensure that such imports are free from any goods mined, produced, or manufactured wholly or in part with forced labor from the People’s Republic of China, especially from the XUAR.
For the most up-to-date information on CBP’s UFLPA implementation, please see our website at www.cbp.gov/trade/forced-labor/UFLPA. Questions regarding UFLPA may be submitted to [email protected].
Sincerely,
Thomas Overacker, Executive Director
Cargo and Conveyance Security
Office of Field Operations
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Advanced Notice of Known Importer Letter
The Uyghur Forced Labor Prevention Act (UFLPA), hereafter referred to as “the Act”, was signed into law by President Biden on December 23, 2021.
The Act establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by an entity on a list required by clause (i), (ii), (iv) or (v) of section 2(d)(2)(B) of the Act, is prohibited by Section 307 of the Tariff Act of 1930 and that such goods, wares, articles, and merchandise are not entitled to entry to the United States. The rebuttable presumption goes into effect on June 21, 2022.
In advance of June 21st, CBP will be issuing letters to importers identified as having previously imported merchandise that may be subject to the Act to encourage those importers to address any forced labor issues in their supply chains in a timely manner.
Please note that if you do not receive a letter from CBP, this does not mean that your supply chain is free of forced labor. All importers are expected to review their supply chains thoroughly and institute reliable measures to ensure imported goods are not produced wholly or in part with convict labor, forced labor, and/or indentured labor (including forced or indentured child labor).
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