U.S. Customs and Border Protection (CBP) has issued new Forced Labor Enforcement Operational Guidance for Importers, providing a comprehensive overview of how the agency enforces U.S. forced labor laws and what importers should be prepared to provide if their shipments are detained or reviewed.
The approximately 80-page guidance consolidates procedures under:
- 19 U.S.C. §1307
- The Uyghur Forced Labor Prevention Act (UFLPA)
- The Countering America’s Adversaries Through Sanctions Act (CAATSA) related to North Korean forced labor concerns.
Key Takeaways for Importers
The new guidance explains:
- How CBP processes detentions, exclusions, and seizures.
- Differences between UFLPA cases and traditional Withhold Release Orders (WROs).
- Documentation expectations for supply chain traceability.
- Recommended due diligence and supply chain management practices.
- Best practices for submitting information to CBP.
- Additional guidance for high-priority sectors and traceability requirements.
CBP also emphasizes the importance of exercising reasonable care by maintaining visibility throughout the supply chain and retaining records that demonstrate goods were not produced with forced labor. The guidance includes appendices covering traceability documentation, due diligence practices, and isotopic testing methodologies.
Why It Matters
The publication supersedes CBP’s earlier 2022 UFLPA guidance and reflects the agency’s evolving approach to forced labor enforcement. As scrutiny of global supply chains continues to increase, importers should evaluate whether their current documentation and supplier due diligence programs are sufficient to meet CBP expectations.
Need help understanding CBP’s forced labor requirements or preparing for a detention review?
ASK Alba™
Our trade compliance specialists can help you navigate evolving regulatory requirements and develop strategies to strengthen your supply chain compliance program.
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Sources
- CBP Forced Labor Enforcement Operational Guidance for Importers:https://www.cbp.gov/document/guides/cbp-forced-labor-enforcement-operational-guidance-importers
