UFLPA Enforcement Begins with CBP Issuing Guidance
We have been carefully watching The Uyghur Forced Labor Prevention Act (UFLPA) unfold since its signing in December of last year. With its effective date of June 21, 2022, the law is in full swing and continues to pose many questions for importers. For those unfamiliar with the UFLPA, you can find a summary and the legislation here.
The CBP will be relying on the US Department of Labor’s—get ready for this—List of Goods Produced by Child Labor or Forced Labor, List of Products Produced by Forced or Indentured Child Labor, and Better Trade Tool, as well as the US Department of State’s (DOS) Trafficking in Person Report and Responsible Sourcing Tool, to help identify targets and implement the UFLPA.
According to an article published by Eversheds Sutherland, LLP, in addition to the DOL’s list, importers should utilize the DOL’s Comply Chain as guidance:
- identifying and engaging with stakeholders;
- conducting risk assessments;
- adopting a written code of conduct or equivalent standards;
- training to their employees or agents responsible for selecting suppliers;
- monitoring supplier compliance with their code of conduct; (6) demonstrate remediation of all indicators of forced labor;
- independent third-party verification to demonstrate the implementation and effectiveness of an importer’s due diligence system; and
- regular and timely public reporting on its due diligence system, including the auditing and verification processes.
In order to comply with UFLPA, importers should demonstrate to CBP “with clear and convincing evidence” that their goods do not come into contact with any form of forced labor. M.E. Dey has uploaded several resources regarding UFLPA on our website including Homeland Security’s forced labor strategy as well as CBP’s official guidance.
Should you have any questions about UFLPA, please contact Margaret Lange. We’ll continue to monitor new guidance on this topic as it becomes available.