UFLPA and forced labour: what to check on your suppliers

What the UFLPA says

The Uyghur Forced Labor Prevention Act was signed on 23 December 2021, and its rebuttable presumption took effect on 21 June 2022. It presumes that goods mined, produced or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of China, or by entities on the UFLPA Entity List, are made with forced labour. Such goods are barred from entry into the United States under section 307 of the Tariff Act of 1930.

US Customs and Border Protection enforces the law at the border and publishes UFLPA guidance for importers.

The UFLPA Entity List

The Forced Labor Enforcement Task Force, led by the Department of Homeland Security, maintains the UFLPA Entity List. It names companies and entities that work with the Xinjiang government on labour programmes, or that source material from Xinjiang or from persons working with the government there, among other criteria. The list is updated over time, and new names are added.

The Entity List is not a sanctions list: it does not freeze assets. But goods made wholly or in part by a listed entity fall under the presumption, so the list belongs in every supplier check for goods that may reach the United States.

Who is affected

The law applies to goods imported into the United States. That includes goods made by your suppliers, or containing their components, even if you are not the importer. A European manufacturer whose product is sold to a US customer can see the shipment detained because of a component bought several steps up the chain. Sectors that CBP has named as high priority include cotton, tomatoes, polysilicon, aluminum, PVC and seafood, among others.

The risk is not limited to direct imports from China. Materials can pass through processing in third countries before reaching the final product, and CBP looks at the whole chain, not only at the country of last shipment. That is why tracing the origin of inputs matters more than the address of your direct supplier.

Overcoming the presumption

To have goods admitted, the importer must show that it has fully complied with CBP guidance, responded completely to all CBP requests for information and proved by clear and convincing evidence that the goods were not made wholly or in part with forced labour. In practice this means detailed tracing documents for the whole supply chain, from raw material to finished product. It is much easier to collect this information before a shipment is detained than after.

What to check on suppliers

1. Names: screen suppliers, their parent companies and known sub-suppliers against the UFLPA Entity List and sanctions lists.
2. Ownership: check whether suppliers are owned by, or part of a group with, a listed entity.
3. Origin: ask where raw materials come from, especially for cotton, polysilicon, aluminum and PVC.
4. Documents: request purchase orders, invoices, production and shipping records that trace the goods back to the source.
5. News: follow adverse news on labour practices at suppliers and in their regions.
6. Repeat: the Entity List and your suppliers change over time, so the check is not a one-off.

Put these points into supplier contracts too: the right to ask for tracing documents, an obligation to inform you of changes in sub-suppliers and a commitment not to source from listed entities. Clauses do not replace checks, but they make it easier to obtain the evidence when you need it.

The European Union ban

The European Union adopted Regulation (EU) 2024/3015, which prohibits placing products made with forced labour on the EU market and exporting them. It applies from 14 December 2027. Unlike the UFLPA, it does not rely on a regional presumption: authorities investigate based on risk. Companies selling in both markets will need evidence that works for both.

Where Unicorn Intelligence fits

Unicorn Intelligence screens suppliers daily against official lists and adverse news and keeps a record of every check; new accounts receive a $50 credit.

Frequently asked questions

What is the UFLPA?

The Uyghur Forced Labor Prevention Act, a US law that presumes goods made in Xinjiang or by entities on the UFLPA Entity List are made with forced labour and bars their entry into the United States.

When did the UFLPA take effect?

It was signed on 23 December 2021, and the rebuttable presumption took effect on 21 June 2022.

Is the UFLPA Entity List a sanctions list?

No. It does not freeze assets, but goods made wholly or in part by listed entities fall under the presumption and can be stopped at the US border.

Does the EU have a similar rule?

Yes. Regulation (EU) 2024/3015 prohibits products made with forced labour on the EU market and applies from 14 December 2027.

What evidence helps overcome the presumption?

Documents that trace the goods from raw material to finished product, such as purchase orders, invoices, production and shipping records, together with full answers to CBP requests.