Uyghur Forced Labor Prevention Act

Country / jurisdiction: United States · Year: 2021 · Status: In force · Level: International · Type: Voluntary

An act to ensure that goods made with forced labor in the Xinjiang Uyghur Autonomous Region of the People's Republic of China do not enter the United States market and for other purposes (Public Law 117-78) is designed to prevent the entry of goods produced with forced labour in the Xinjiang Uyghur Autonomous Region of China into the U.S. market. It aims to strengthen the prohibition against importing such goods and lead international efforts to combat forced labour. The law emphasises cooperation with Mexico and Canada, implementing measures specified in the United States-Mexico-Canada Agreement. It also calls for active prevention and denouncement of human trafficking, especially forced labour and addresses gross violations of human rights in Xinjiang.

The Act establishes a strategy for enforcing the prohibition on goods produced with forced labour, involving public comments, a public hearing and the development of a comprehensive strategy by the Forced Labor Enforcement Task Force. The strategy includes risk assessments, evaluations, recommendations for customs enforcement and collaboration with NGOs and the private sector. Additionally, it creates a rebuttable presumption against the importation of goods from Xinjiang and entities involved in forced labour, allowing exceptions under specific conditions. The Strategy published in 2022 found that half of the world's polysilicon manufacturing takes place in Xinjiang; and would, therefore, be prohibited from import into the US under the Act. List of entities sanctioned under the Act includes several solar-grade polysilicon manufacturers.

Furthermore, the Act mandates a diplomatic strategy to address forced labour in Xinjiang, promoting international awareness and coordination. It also amends the Uyghur Human Rights Policy Act of 2020 to include sanctions for serious human rights abuses related to forced labor. The law has a sunset provision, ceasing to have effect after eight years or upon a presidential determination of an end to human rights violations in Xinjiang.

Official source: https://www.govinfo.gov/app/details/PLAW-117publ78