The Uyghur Forced Labor Prevention Act (UFLPA): Enhancing Transparency of the Clothing Supply Chain | Knowledge Hub | Circle Economy Foundation
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Policy case
The Uyghur Forced Labor Prevention Act (UFLPA): Enhancing Transparency of the Clothing Supply Chain
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The Uyghur Forced Labor Prevention Act (UFLPA) was signed into law by President Biden on December 23, 2021, with the goal to ensure that US entities are not funding forced labor among ethnic minorities in the region. The clothing and textile manufacturing industries are also subject to the Act.

Problem

Apparel industry is heavily prone to risks of forced labour use, including child labour. It is woven into the production of cotton, leather, textiles and garments at the world's largest clothing retailers. To shop ethically, it’s critical for consumers to understand that slavery is not an idea of the past. An estimated 25 million people, the majority of which are in Asia Pacific, are victims of forced labour and subject to slavery, debt bondage and human trafficking.

Solution

The Act establishes a rebuttable presumption that the importation of any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China, or produced by certain entities, is prohibited and that such goods, wares, articles, and merchandise are not entitled to entry to the United States, which means that clothing pieces produced in the region are also not entitled for the entry.

The Act applies unless the Commissioner of U.S. Customs and Border Protection (CBP) determines that the importer of record has complied with specified conditions and, by clear and convincing evidence, that the goods, wares, articles, or merchandise were not produced using forced labor. 

The US government makes an emphasis on traceability technology; the importance of mapping supply chains; and the availability of documents which help companies to comply with the Act, including "Operational Guidance for Importers".

Outcome

The UFLPA Act is a one step further towards ensuring transparency throughout the supply chain. With the government's legislation in place, all actors of the apparel and other manufacturing industries, which utilise fabrics in production processes, are forced to comply by enhancing their monitoring mechanisms and sharing information.

Additional information

Photo by K. Grabowska, pexels.com

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