Forced Labor

Latest Developments with The Uyghur Forced Labor Prevention Act and New Leadership at the Department of Homeland Security Signal Heavier Enforcement is Likely

By Adrienne Braumiller, Founding Partner, Braumiller Law Group 


In recent years, the global spotlight has illuminated the grave concerns surrounding human rights violations within China’s Xinjiang region, particularly those impacting the Uyghur population. The Uyghur Forced Labor Prevention Act (UFLPA) stands as a pivotal piece of legislation designed to address these concerns and to ensure that products imported into the United States are devoid of forced labor originating from the Xinjiang region. This statute has precipitated substantial developments within the domain of U.S. Customs and Border Protection (CBP), with far-reaching consequences for importers and businesses operating within the international supply chain. This legal article delves into the pivotal advancements associated with the UFLPA and their ramifications on international trade.

Lawmakers’ Concerns and CBP Enforcement

The bipartisan coalition of House Ways and Means Trade Subcommittee members is gravely concerned about the enforcement of the Uyghur Forced Labor Prevention Act (UFLPA). They stress the importance of CBP ensuring the consistent and robust enforcement of this critical piece of legislation. In particular, they emphasize the need for CBP to provide regular updates to the UFLPA Entity List, which is vital for identifying and excluding products tainted by forced labor from entering U.S. supply chains. The lawmakers call for a comprehensive strategy to prevent any goods produced with forced labor from infiltrating the U.S. market.

Ensuring Transparency Down the Supply Chain

CBP’s enforcement of the UFLPA has faced scrutiny, particularly when it comes to ensuring transparency down the supply chain. To address this, experts recommend that buyers should engage in a thorough assessment of their suppliers, reaching as far down as Tier 3 within the supply chain. This is essential because various products involve raw materials that extend beyond Tier 2. By understanding the full extent of their supply chains, companies can better identify potential sources of forced labor and mitigate the associated risks. It is important to note that the government’s perception of forced labor risk plays a significant role in this evaluation, often taking precedence over a company’s independent assessment.

Precise Targeting and Flaws in Implementation

Nate Herman, Senior Vice President for Policy at the American Apparel and Footwear Association, points out some significant issues with CBP’s targeting efforts and the overall implementation of the UFLPA. He emphasizes the need for more precise targeting of products and entities that pose a genuine risk of forced labor involvement. The flaws in UFLPA implementation have manifested in situations where the enforcement has been overly broad or not consistent. By refining the targeting process and addressing these imperfections, CBP can enhance the effectiveness of the UFLPA.

Challenges in Supply Chain Transparency

Many corporations acknowledge the inadequacy of their supply chain transparency. While the idea of mapping the entirety of complex global supply chains can be daunting it is essential not to be discouraged by the scale of the task. The key is to start with a risk assessment to identify commodities with the highest-risk profile. By beginning with a specific product or commodity category that encompasses such a high-risk item, companies can take practical steps towards improved supply chain transparency.

Expanding Horizons: Beyond China

While China has been a major source of UFLPA-related detentions, the scope is expanding to products originating from other countries. Notably, countries like Malaysia, Vietnam, Cambodia, and Bangladesh have come under scrutiny, indicating that the issue of forced labor isn’t limited to China. This expansion underlines the need for businesses to maintain vigilance regardless of their country of origin and demonstrates that simply shifting manufacturing operations from China to other nations doesn’t eliminate the risk of forced labor in the supply chain.

Recent Additions to the Entity List

The U.S. Department of Homeland Security has taken significant steps to reinforce the UFLPA by adding three Chinese companies to the UFLPA Entity List. These additions create a rebuttable presumption that goods produced or distributed by these companies involve forced labor and are barred from entry into the United States. This adds considerable weight to the enforcement of the UFLPA, particularly for companies engaged in the production and distribution of materials with ties to forced labor.

Role of the National Association of Foreign-Trade Zones (NAFTZ)

NAFTZ is actively advocating for the use of foreign-trade zones (FTZs) to store detained goods under the UFLPA. However, this advocacy has not been without its challenges. There are ongoing discussions aimed at finding practical solutions for storing goods suspected of being produced through forced labor. The role of FTZs in mitigating these challenges is a topic of importance within the context of UFLPA enforcement.

Expanding Focus: New Entity List Additions and Commodities

Recent additions to the UFLPA Entity List have shifted the focus of enforcement. These new additions include companies that were not previously listed on government denied party lists, indicating a broader focus on identifying and addressing potential instances of forced labor. Furthermore, the range of commodities subject to scrutiny is expanding, encompassing products beyond the conventional focus areas of cotton, polysilicon, and tomatoes. This expansion reflects the evolving strategy of the Forced Labor Enforcement Task Force (FLETF) and the growing recognition of the need for vigilance in monitoring sectors beyond the initial high-priority areas for enforcement.

New Leadership at the Department Of Homeland Security Will Ensure Increased Enforcement

As of November 6th, 2023, Dr. Laura T. Murphy’s recent secondment as a policy advisor for the Under Secretary in the Office of Policy in the Department of Homeland Security marks a significant development in the U.S.’s efforts to prevent forced labor, particularly in relation to the Uyghur Forced Labor Prevention Act. With her expertise and focus on forced labor policy and enforcement, Dr. Murphy’s involvement is expected to strengthen the U.S.’s initiative in combating forced labor.

For those few folks who are unfamiliar with Dr. Murphy, she is a Professor of Human Rights and Contemporary Slavery for the Helena Kennedy Centre for International Justice’s Forced Labour Lab at Sheffield Hallam University.   This lab continues to concentrate its efforts on combatting forced labor in the Uyghur Region, and all ongoing projects remain on track.

One of her key responsibilities will be to engage with various stakeholders who share an interest in preventing goods made through forced labor from entering the United States and circulating globally. This collaborative approach will play a crucial role in curbing the flow of such products and raising awareness about the issue.

Considering Dr. Murphy’s previous commitment to uncovering forced labor practices, her involvement in this initiative is expected to amplify enforcement efforts. Her dedicated contributions and active participation indicate a heightened focus on ensuring that forced labor does not go unnoticed or unaddressed.


The Uyghur Forced Labor Prevention Act represents the United States’ commitment to addressing human rights violations in Xinjiang. Recent updates by CBP underscore both the likelihood of increased enforcement and the importance of due diligence, transparency, and compliance within global supply chains. By staying informed and proactively addressing supply chain vulnerabilities, businesses can navigate evolving trade regulations and support international efforts to eradicate forced labor practices.

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