Principal, Customs & Trade Practice Head
Forced Labor and the UFLPA
U.S. law prohibits the importation of goods made in whole or in part with forced labor. CBP primarily enforces this prohibition through: (a) withhold release orders (“WROs”), which prohibit importation of goods which CBP reasonably suspects have been made with forced labor; and (b) Findings, which prohibit importation and allow for seizure of goods which CBP has probable cause to believe have been made with forced labor. CBP has been very active in this area in recent years.
CBP’s enforcement activities have increased yet further following implementation in June 2022 of the Uyghur Forced Labor Prevention Act (“UFLPA”), under which goods made in whole or in part in Xinjiang or by entities on the UFLPA Entity List are presumed to have been made with forced labor. Such goods may not enter the U.S. unless the importer satisfies the extremely stringent standard for rebutting this presumption or provides sufficient evidence to CBP that the good is not subject to the UFLPA. In the first year of implementation alone, CBP has detained shipments valued at more than $1 billion.
OFW’s attorneys have deep experience in the forced labor area. On the foreign producer side, we have obtained the modification of four major CBP enforcement actions (WROs and Findings) and the associated lifting of the import bans, including obtaining the first modification of a Finding after a twenty-seven-year hiatus, and assist in handling associated commercial issues. We also help foreign producers to perform due diligence to decrease the risk that they may be targeted in future enforcement actions.
On the U.S. importer side, OFW’s attorneys have successfully handled CBP detentions, exclusions, and seizures under both “traditional” WROs and Findings and under the UFLPA. We assist importers in developing and implementing comprehensive forced labor/UFLPA compliance programs, as well as providing representation and guidance in forced labor-related CBP audits. We also aid foreign producers in assessing the risks presented by U.S. forced labor laws and the UFLPA and in mitigation of any discovered risks.
