Uyghur Forced Labor Prevention Act creates ‘rebuttable presumption against XUAR imports’
On 23 December 2021, US President Joe Biden signed into law the Uyghur Forced Labor Prevention Act [‘UFLPA’], ‘To ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China do not enter the United States market.’
Inter alia, the Act is intended
‘1) to strengthen the prohibition against the importation of goods made with forced labor, including by ensuring that the Government of the People’s Republic of China does not undermine the effective enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the importation of all “goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part in any foreign country by forced labor”; and,
‘(2) to lead the international community in ending forced labor practices wherever such practices occur through all means available to the United States Government, including by stopping the importation of any goods made with forced labor, including those goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region [XUAR]…’
In a client briefing on the Act, lawyers at Latham & Watkins explain that,
‘The UFLPA will, by creating a rebuttable presumption against such imports, effectively prohibit imports into the US of items “mined, produced, or manufactured wholly or in part” in the XUAR, or produced by specific entities to be identified by the Forced Labor Enforcement Task Force [and] represents a significant expansion of historic US restrictions on XUAR-origin imports into the United States, which have to date been limited to bans on specific categories of items and items produced by specific suppliers (including one of the world’s major silica manufacturers).’
In a statement accompanying the signing of the Act, US Secretary of State Antony Blinken said,
‘Addressing forced labor has been a priority for this Administration. We have taken concrete measures to promote accountability in Xinjiang, including visa restrictions, Global Magnitsky and other financial sanctions, export controls, Withhold Release Orders and import restrictions, and the release of a business advisory on Xinjiang – all while rallying allies and partners to take joint action to ensure all global supply chains are free from the use of forced labor, including from Xinjiang.
‘We will continue doing everything we can to restore the dignity of those who yearn to be free from forced labor.’
https://www.congress.gov/bill/117th-congress/house-bill/1155/text
