Jurisdiction
For products sold in USA
Law Summary
This US law creates a rebuttable presumption that any goods mined, produced, or manufactured wholly or partly in China’s Xinjiang Uyghur Autonomous Region (XUAR) are made with forced labour and banned from import. Importers must provide clear evidence to overcome this presumption.
Law Obligation
Importers will need to prove goods are not produced wholly or in part using forced labour. Importers will need to show due diligence, effective supply chain tracing and supply chain management measures to ensure they do not import goods from the Xinjiang region.
The Act doesn’t impose compliance requirements on domestic companies directly. The Forced Labour Enforcement Task Force will screen any import for any connection to known entities with ties to Xinjiang and forced labour as part of ongoing UFLPA compliance operations. The U.S. Department of Homeland Security provides resources and information to business importing goods, including:
- The UFLPA Entity List which lists entities prohibited from importing into the United States under the Act
- Due diligence, effective supply-chain tracing, and supply-chain management measures to ensure that such importers do not import any goods produced wholly or in part with forced labour from the from the People’s Republic of China (PRC), especially from Xinjiang
- The type, nature, and extent of evidence that demonstrates that goods originating in the PRC were not produced wholly or in part in Xinjiang
- The type, nature, and extent of evidence that demonstrates that goods originating in the PRC, including goods detained, excluded, or seized for violations of the UFLPA, were not produced wholly or in part with forced labour.
Importers must provide clear evidence that their goods from Xinjiang region are not produced with forced labour.
