DHS Launched a Discover on the Addition of Entities to the UFLPA Entity Record

On August 4, 2022, the US Division of Homeland Safety (DHS), because the Chair of the Compelled Labor Enforcement Activity Power (FLETF), formally revealed the Uyghur Compelled Labor Prevention Act (UFLPA) Entity Record. The Entity listing is a consolidated register of the 4 lists required to be developed and maintained pursuant to Part 2(d)(2)(B) of the UFLPA. DHS additionally launched particulars on searching for adjustments to the UFLPA Entity Record, together with requests for removing from the listing.

For our earlier weblog entries on the UFLPA and its implementation, see posts right here, right here, right here, right here, right here and right here.

UFLPA requires the Commissioner of US Customs and Border Safety (CBP) to use a rebuttable presumption that items mined, produced, or manufactured by entities on the UFLPA Entity Record are made with compelled labor, and subsequently, are prohibited from importation into america below 19 USC 1307. The regulation additionally required the FLETF to create and preserve an inventory of entities alleged to be utilizing compelled labor in operations inside Xinjiang or different components of China, damaged into 4 components:

  • an inventory of entities in Xinjiang that allegedly mine, produce, or manufacture wholly or partly any items, wares, articles, and merchandise with compelled labor;
  • an inventory of entities allegedly working with the federal government of Xinjiang to recruit, transport, switch, harbor, or obtain compelled labor or Uyghurs, Kazakhs, Kyrgyz, or members of different persecuted teams out of Xinjiang;
  • an inventory of entities that allegedly exported merchandise made by entities in lists 1 and a pair of from the Individuals’s Republic of China into america; and
  • an inventory of services and entities, together with the Xinjiang Manufacturing and Building Corps, that allegedly supply materials from Xinjiang or from individuals working with the federal government of Xinjiang or the Xinjiang Manufacturing and Building Corps for functions of the ”poverty alleviation” program or the ”pairing-assistance” program or another government-labor scheme that allegedly makes use of compelled labor.

The UFLPA Entity Record consolidates these 4 lists. In accordance with Part 3(e) of the UFLPA, efficient June 21, 2022, entities on the UFLPA Entity Record are topic to the UFLPA’s rebuttable presumption, and merchandise these entities produce, wholly or partly, are prohibited from entry into america. A replica of the ULFPA Entity Record is included as Appendix 1 right here.

The August 4, 2022 discover additionally offers particulars on how listed entities might search removing from the listing. As a part of such requests, impacted entities ought to present info that demonstrates that the entity not meets or doesn’t meet the standards described within the relevant UFLPA clause governing its inclusion on the UFLPA Entity Record. Selections to take away an entity from the UFLPA Entity Record will likely be made by majority vote of the FLETF member businesses. Along with DHS, the FLETF member businesses are the Workplace of the US Commerce Consultant, and the Departments of Labor, State, Justice, Treasury, and Commerce. The Departments of Vitality and Agriculture, the US Company for Worldwide Growth, the Nationwide Safety Council, CBP, and US Immigration and Customs Enforcement Homeland Safety Investigations take part as observer businesses.

Future revisions to the UFLPA Entity Record, which can embody additions, removals, or technical corrections, will likely be revealed right here and within the appendices of future Federal Register notices.

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