2022 Regulatory Presentation: U.S. Forced Labor Guidance & Enforcement Trends Post-UFLPA Implementation
Presented by Jennifer McCadney with Kelley Drye & Warren LLP at the ASTA 2022 Regulatory Workshop on September 12, 2022, this presentation provided an update on agency guidance issued by U.S. Customs & Border Protection and the Forced Labor Enforcement Task Force in connection with the Uyghur Forced Labor Prevention Act (UFLPA) to help importers comply with the new law and satisfy its rebuttable presumption. It also will cover distinctions made between UFLPA enforcement and the withhold release order (WRO) process under Section 307, which continues to apply to forced labor-made imports that are not tied to the Xinjiang Uyghur Autonomous Region. Finally, it will highlight notable U.S. forced labor enforcement trends ensuing from UFLPA’s June 21 effective date.
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ASTA’s Responsible Sourcing Guide and Checklist are designed to provide a template for companies looking to implement a responsible sourcing program as it relates to forced labor and environmental sustainability. The related Checklist is designed to align with the principles outlined in the Guide in a way that can be used to evaluate supplier performance in each area. The Guide and Checklist were updated in March 2025 and supersede the previous version from January 2015.
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