The Uyghur Forced Labor Prevention Act: What It Is and How to Comply

The Uyghur Forced Labor Prevention Act (UFLPA) is a piece of legislation that was passed in the United States to address the issue of forced labor among the Uyghur population in China. The act aims to prohibit the import of goods made with forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) and to hold companies accountable for their supply chains.

The UFLPA was introduced in the Senate in May 2020 and passed with bipartisan support in September of the same year. It was signed into law by President Biden on December 23, 2021, and came into effect on June 21, 2022. The act prohibits the import of goods made with forced labor in the XUAR and requires companies to certify that their products do not contain materials produced by forced labor. The UFLPA also includes provisions to help Uyghur refugees and asylum seekers in the United States. It directs the State Department to provide assistance to Uyghur refugees and to support organizations that provide services to Uyghur individuals in the United States.

How is Uyghur Forced Labor Prevention Act is enforced?

The Uyghur Forced Labor Prevention Act is enforced by the U.S. Customs and Border Protection (CBP) agency. The CBP is responsible for identifying and preventing the import of goods made with forced labor in the Xinjiang Uyghur Autonomous Region (XUAR) of China. The act directs the CBP

• Create a list of goods produced in the XUAR that are at high risk of being made with forced labor. This list will be used to identify and prevent the import of such goods into the United States.
• Conduct investigations into allegations of forced labor in the XUAR and to publish a list of companies found to be using forced labor in the region. This list will be used to inform consumers and investors about potential risks associated with certain products and companies.

How companies can comply with Uyghur Forced Labor Prevention Act ?

To comply with the Uyghur Forced Labor Prevention Act, companies must take steps to ensure that their supply chains do not include forced labor from the Xinjiang Uyghur Autonomous Region (XUAR) in China. This can be achieved through a combination of measures, including:

• Identifying and assessing potential risks of forced labor in the supply chain through due diligence, including engaging with suppliers and conducting on-site audits.
• Implementing policies and procedures to prevent forced labor in the supply chain, including setting standards for suppliers and providing employee training on forced labor and human rights.
• Monitoring the supply chain to ensure compliance with the Uyghur Forced Labor Prevention Act, including reviewing contracts and supplier agreements, conducting audits and assessments, and reporting and addressing incidents of forced labor.
• Providing evidence to the U.S. Customs and Border Protection (CBP) that imported products do not contain materials produced by forced labor in the XUAR, including supplying documentation like supplier contracts and audits upon request.
• Collaborating with industry groups and other organizations to raise awareness about forced labor in the XUAR and develop best practices for preventing it in supply chains.

Complying with the Uyghur Forced Labor Prevention Act requires companies to take a proactive approach to identifying and addressing forced labor in their supply chains. This may involve significant changes to existing practices and processes, but ultimately it is necessary to ensure compliance with the law and to protect the rights of workers in the XUAR.