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The ESG register · United States

Uyghur Forced Labor Prevention Act

A rebuttable presumption of forced labour. Goods clear only on clear and convincing evidence of the chain.

Identifier
Public Law 117-78 (2021)
Status
in force
Applies
2022-06-21
Supervisor
U.S. Customs and Border Protection, Forced Labor Enforcement Task Force
Who is covered
Imports into the United States of goods made wholly or in part in Xinjiang or by listed entities.

Requirements in the text

  • Section 3(a)

    Presumption against importation

    Goods mined, produced or manufactured wholly or in part in Xinjiang or by listed entities are presumed made with forced labour and may not be imported into the United States. The presumption applies even where only one input originates there, regardless of where final assembly occurred. Customs detains the shipment without first having to show forced labour in the individual case.

    Example A shipment of cotton garments sewn in Vietnam is detained after the yarn is traced to a spinning mill in Xinjiang.

  • Section 3(b)

    Clear and convincing evidence of the chain

    The presumption can be rebutted only where the importer shows it complied with due diligence guidance, fully responded to the agency's inquiries, and demonstrated by clear and convincing evidence that the good was not made with forced labour. The evidence must cover the full chain back to the raw material, with verifiable records such as purchase orders, production journals and transport documents. Exceptions are decided case by case and reported to Congress.

    Example The importer supplies traceability from bale number through spinning and weaving to the garment, with matching weights and dates at each step, and the shipment is released.

Counterpart in the other regime

  • CSDDD · EU · Direktiv (EU) 2024/1760 — CELEX 32024L1760
  • Tvångsarbetsförordningen · EU · Förordning (EU) 2024/3015 — CELEX 32024R3015
  • EUDR · EU · Förordning (EU) 2023/1115 — CELEX 32023R1115

Official source Congress.gov, Public Law 117-78 · read 2026-09-01 · Value chain and due diligence

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