UFLPA and Burden of Proof

Under the Uyghur Forced Labor Prevention Act (UFLPA), signed into law December 2023, items imported that were wholly or partially manufactured, mined, or otherwise sourced from Xinjiang Uyghur Autonomous Region of the People’s Republic of China are assumed to be in violation of trade law and will be held, unless the importer can show complete documentation on all items proving forced labor was in no way involved.

Photo by Timelab Pro on Unsplash

To fully comply, this means traceability — all items and all components of items are tracked from their very beginnings, through manufacturing and shipping, to the inspection area, and all parts of the supply chain having the hardware, software, training, and systems processes in-place to present a provenance for everything imported that is beyond doubt.

For industries reliant on imported materials, like apparel, trusting their suppliers is now more important than ever. For example, a clothing manufacturer could purchase fabric that was deceptively listed as sourced from one region, only to find their shipment held.

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