The Lawfare Podcast Lawfare Daily: A Uyghur Forced Labor Protection Act Update
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Jan 3, 2025 Brian Hoxie, Director of the Forced Labor Division at U.S. Customs and Border Protection, delves into the Uyghur Forced Labor Protection Act and its enforcement three years post-legislation. He explains how the law shifts the burden of proof to importers, enhancing corporate compliance. Hoxie discusses the complexities of investigating forced labor, especially in Xinjiang, emphasizing the need for ethical sourcing. The conversation also highlights international collaboration and the role of businesses in combating forced labor amid stringent information control.
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UFLPA Origins and Goals
- The Uyghur Forced Labor Protection Act (UFLPA) arose from reports of China's human rights abuses against Uyghurs.
- It addresses forced labor and detention in camps, aiming to prevent goods made with forced labor from entering the U.S.
Shifting the Burden of Proof
- The 1930 Tariff Act prohibits goods made with forced labor, and the UFLPA strengthens its enforcement.
- The UFLPA shifts the burden of proof to importers, requiring them to demonstrate that their supply chains are free of forced labor.
Importer Responsibilities
- Importers must exercise reasonable care and due diligence to ensure their supply chains are free of forced labor.
- Direct importers have a clearer responsibility, but all importers must comply with U.S. laws.