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Congress Passes Uyghur Forced Labor Prevention Act – International Law

Laws Will Block Imports Linked to Human Legal rights&#13
Abuses in China

On December 16, 2021, Congress handed H.R. 6256, acknowledged as the&#13
Uyghur Pressured Labor Avoidance Act (UFLPA).  The UFLPA&#13
establishes a rebuttable presumption that sure items produced in&#13
China are built with compelled labor, and so are inadmissible into the&#13
United States pursuant to the U.S. pressured labor import ban, Segment&#13
307 of the Tariff Act of 1930 (“Portion 307”, or the&#13
“compelled labor import ban”). 

This laws, which President Biden has indicated he will&#13
indication, represents a important evolution in the U.S. enforcement of&#13
the compelled labor import ban, and stands to have an effect on any&#13
firm sourcing products from China.

The Presumption Founded by the UFLPA

Beginning 180 times just after the date of enactment, the rebuttable&#13
presumption recognized by the UFLPA will utilize to two categories&#13
of items. 

First, the presumption will apply to items manufactured wholly or in&#13
part in the Xinjiang Uyghur Autonomous Area of China&#13
(Xinjiang).  In other words, as a result of the UFLPA, any&#13
superior that is wholly or partially created in Xinjiang will be&#13
presumably inadmissible into the United States. 

2nd, the presumption will use to items produced, wholly or&#13
in aspect, by any of a variety of Chinese entities that the U.S.&#13
government arrives to determine as possessing one-way links to Xinjiang, or currently being&#13
a beneficiary or participant in forced labor involving Uyghurs,&#13
everywhere in China.  Specifically, the UFLPA requires the U.S.&#13
authorities to compile, on an ongoing basis, 4 distinctive lists of&#13
Chinese entities:



  1. a checklist of entities in Xinjiang that deliver items with pressured&#13
  2. &#13

  3. a list of entities doing the job with the authorities of Xinjiang to&#13
    “recruit, transportation, transfer, harbor or receive compelled labor&#13
    or Uyghurs, Kazakhs, Kyrgyz, or associates of other persecuted&#13
    groups” out of Xinjiang
  4. &#13

  5. a record of entities that export from China goods created by the&#13
    entities on lists (1) and (2) and
  6. &#13

  7. a list of facilities and entities that source substance from&#13
    Xinjiang, or from people functioning with the federal government of Xinjiang&#13
    or the Xinjiang Creation and Design Company (XPCC) for&#13
    uses of the “poverty alleviation” method or the&#13
    “pairing-assistance” plan or any other governing administration&#13
    labor plan that uses pressured labor.
  8. &#13

Any very good produced wholly or in section by any entity on 1 of&#13
these four lists, will be presumptively inadmissible into the&#13
United States below Section 307.

Rebutting the Presumption

As famous, the presumption set up by the UFLPA is a&#13
rebuttable presumption.  If an importer needs to import items&#13
that had been developed wholly or in element in Xinjiang, or by an entity&#13
determined on a single of the four lists, the UFLPA lays out a path by&#13
which an importer can search for to do so. 

To rebut the presumption, an importer need to persuade U.S. Customs&#13
and Border Safety (CBP) by distinct and convincing evidence that&#13
the goods the importer seeks to import was not in point&#13
manufactured, wholly or in part, with pressured labor (notwithstanding the&#13
nexus to Xinjiang or a mentioned entity).

The importer ought to also display that it has complied with all&#13
because of diligence assistance that will be released by the U.S.&#13
government, together with offer chain tracing and administration&#13
requirements.  The importer will also have to completely and&#13
substantively react to all requests for facts it receives&#13
from CBP.

If CBP agrees that an importer has complied with these steps and&#13
has rebutted the presumption by clear and convincing proof, CBP&#13
may well decides to allow the importation of goods generated in Xinjiang&#13
or by an entity on 1 of the 4 lists.  If CBP finds that&#13
an importer has rebutted the presumption, it ought to situation a report to&#13
that outcome to pertinent congressional committees in just 30 times of&#13
CBP’s perseverance.

Technique for Implementing the UFLPA

The UFLPA marks the initial time that enforcement of Section 307&#13
will be guided by a one overarching tactic that has been&#13
knowledgeable by input from the general public, together with the importing&#13
local community. 

Across the board, Portion 307 is enforced versus certain&#13
imported shipments by CBP.  In January 2020, the United&#13
States-Mexico-Canada Settlement Implementation Act was signed into&#13
law, which established a Pressured Labor Enforcement Taskforce&#13
(“Taskforce”), imbued with authority to supply steerage&#13
on CBP’s enforcement of Segment 307.  The Taskforce is&#13
chaired by the Secretary of Homeland Stability, and contains&#13
representatives from the Business office of the U.S. Trade Consultant,&#13
and the U.S. Office of Labor.

The UFLPA expenses the Taskforce with acquiring a tactic for&#13
how to implement the UFLPA’s rebuttable presumption, towards&#13
unique shipments of products that could enter the United States from&#13
China or even from other third international locations. 

The very first phase in the development of this tactic is to be a&#13
general public remark period, commencing no later than 30 days just after the&#13
enactment of the UFLPA.  The Taskforce will keep a community&#13
hearing not later on than 45 days just after the near of the general public&#13
remark interval. 

Having into account input from the general public opinions and hearing,&#13
the Taskforce is accountable for building a technique of&#13
enforcement, in session with the Secretary of Commerce and the&#13
Director of Nationwide Intelligence.  In addition to the lists&#13
of Chinese entities and owing diligence guidance discussed above, the&#13
enforcement method will also include:



  • suggested specialized enhancements to CBP’s skill to&#13
    recognize and trace imports of problem
  • &#13

  • advice on CBP’s use of available legal authorities to&#13
    ensure no prohibited products are entered
  • &#13

  • suggested funding that CBP need to obtain to permit efficient&#13
    enforcement and,
  • &#13

  • a plan to coordinate and collaborate with acceptable NGOs and&#13
    personal sector entities to put into action and update the approach.
  • &#13

The system have to be posted within 180 times of enactment,&#13
concurrent with the productive day of the rebuttable&#13
presumption.  The tactic will be executed by, among other&#13
matters, new customs rules.  The four lists of afflicted&#13
Chinese entities will be updated at minimum every year.


The UFLPA represents a new front in the U.S. government’s&#13
endeavours to avert the importation of goods produced with forced&#13
labor.  It does not swap or supersede existing enforcement&#13
steps previously taken by CBP in reaction to forced labor in&#13
Xinjiang, such as withhold release orders (WROs) that are by now&#13
in put, this sort of as all those targeting cotton and tomatoes made in&#13
Xinjiang, and targeting cotton and products and solutions containing cotton&#13
generated by the XPCC. Importantly, with regard to all other&#13
countries, CBP enforcement of the pressured labor legislation will remain&#13
unchanged, unless of course CBP decides to undertake a new initiative not&#13
required by UFLPA.

Any enterprise reliant on imports from China must evaluate its&#13
supply chain for enforcement possibility underneath the new laws.

The content of this post is intended to give a standard&#13
manual to the subject matter. Expert suggestions must be sought&#13
about your unique conditions.