On Thursday, December 23, 2021, President Biden signed into law the Uyghur Forced Labor Prevention Act, which is a bipartisan bill to ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China do not enter the United States. This law creates a rebuttable presumption that all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in China’s Xinjiang province are made with forced labor.
Enforcement of the Act will begin June 21, 2022, (180 days from signing). During this 180-day period, government agencies will be required to produce guidance for importers on due diligence as to what evidence will be adequate to prove goods are not made with forced labor and to identify which companies outside the province are either using inputs or labor from Xinjiang.
The law will shift the burden of proof to importers to show that there’s not a use of forced labor in the production of their products. Importers should be proactive in implementing strong social compliance programs along with a robust supply chain traceability program to ensure that forced labor is not associated with their programs.
U.S. Customs and Border Protection has been working to combat forced labor laws already in place and has many tools available for importers on their website including the following:
- CBP Forced Labor Page
- Forced Labor Frequently Asked Questions
- Xinjiang Uyghur Autonomous Region WRO Frequently Asked Questions
- Code of Federal Regulations – Merchandise Produced by Convict, Forced, or Indentured Labor
If you have any questions, please contact your local Noatum Logistics representative.