Congress' Goals on UFLPA Implementation & Enforcement

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April 17, 2023
By: Pietro N. Bianchi

The chair and co-chair of the Congressional-Executive Commission on China (“CECC”) stated their concerns about the implementation and enforcement of Uyghur Forced Labor Prevention Act (“UFLPA”) in a letter earlier this week. Under UFLPA, imports made (in whole or in part) in the Xinjiang Uyghur Autonomous Region of China (“XUAR”) are presumed to be made from forced labor. This letter outlining the CECC’s goals requested actions by both Customs and the Department of Homeland Security’s Forced Labor Enforcement Task Force (“FLETF”). The CECC’s letter indicates that they are concerned about attempts made to obscure imports connections to forced labor in the XUAR, such as Uyghurs being transferred outside the XUAR for forced labor.

The CECC requested:

1. CBP’s review of importers’ rebuttal to the presumption of forced labor reported to the public or Congress;
2. FLETF expand its list of entities engaged in forced labor in Xinjiang and beyond and improve the process for updating it; and
3. Greater efforts by CBP to address transshipment of XUAR-related goods.

Specifically, CEEC requested CBP to provide, in its annual report, what kind of tools and technology it plans to employ and what further resources are necessary to address transshipment of XUAR-related goods. What does all this mean for importers? Certainly, greater scrutiny of their supply chains. It would be prudent for importers to include intermediary suppliers from countries other than China in their forced labor compliance plan. Or importers could wait until Customs has them in their crosshair, their choice.

If you have questions about forced labor risks or supply chain compliance do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.