WEBVTT 00:00:01.401 --> 00:00:02.469 Welcome to the U.S. 00:00:02.469 --> 00:00:05.805 Customs and Border Protection Forced Labor Video series. 00:00:06.172 --> 00:00:09.709 In this brief video, we will provide an overview of forced labor, 00:00:09.876 --> 00:00:13.980 the relevant U.S. laws, and CBP enforcement measures. 00:00:14.381 --> 00:00:17.617 Forced labor is a terrible human rights abuse experienced 00:00:17.617 --> 00:00:20.620 by more than 27 million people worldwide. 00:00:22.455 --> 00:00:25.291 It is characterized by physical and sexual violence, 00:00:25.291 --> 00:00:28.261 withholding of wages, and many other abuses. 00:00:28.261 --> 00:00:32.365 Not only does it exploit individuals, but also enables unfair competition 00:00:32.499 --> 00:00:35.368 by establishing artificially low prices. 00:00:35.368 --> 00:00:38.371 This undermines the success of legitimate businesses, 00:00:38.505 --> 00:00:44.177 compromises fair trade around the world, and harms U.S. manufacturing. 00:00:44.177 --> 00:00:46.546 Forced labor also provides greater incentive 00:00:46.546 --> 00:00:50.417 for environmental crimes like illegal logging, mining, and others, 00:00:50.617 --> 00:00:53.620 which add significant strain on the environment. 00:00:54.254 --> 00:00:56.189 The U.S. government is taking action 00:00:56.189 --> 00:00:59.192 to fight forced labor through legislation and policy. 00:00:59.492 --> 00:01:03.530 CBP is committed to combating these abuses by enforcing the laws 00:01:03.530 --> 00:01:08.268 preventing the entry of products made with forced labor into the U.S. market. 00:01:08.268 --> 00:01:11.738 U.S. law defines forced labor as all work or service 00:01:11.738 --> 00:01:13.573 which is exacted from any person 00:01:13.573 --> 00:01:16.676 under the menace of any penalty for its nonperformance 00:01:17.043 --> 00:01:20.146 and for which the worker does not offer themselves voluntarily. 00:01:20.346 --> 00:01:25.718 Section 307 of the Tariff Act of 1930, codified at 19 U.S.C. 1307, 00:01:25.718 --> 00:01:30.356 prohibits goods made by forced labor from entering the U.S. 00:01:31.057 --> 00:01:33.460 For decades, this prohibition was difficult 00:01:33.460 --> 00:01:36.463 to enforce due to a certain exception in the law. 00:01:36.796 --> 00:01:40.166 Fortunately, this exception was removed in 2016 00:01:40.166 --> 00:01:43.770 with the passage of the Trade Facilitation and Trade Enforcement Act, 00:01:44.037 --> 00:01:47.807 which enhanced CBP's forced labor enforcement authorities. 00:01:49.375 --> 00:01:54.681 One of the more recent additions to U.S. legislation against forced labor 00:01:54.714 --> 00:01:58.051 is the Uyghur Forced Labor Prevention Act, or UFLPA. 00:01:58.118 --> 00:02:01.254 The act establishes a rebuttable presumption that any goods 00:02:01.254 --> 00:02:04.824 produced in the Xinjiang Uyghur Autonomous Region of China 00:02:05.258 --> 00:02:09.629 or by entities on the UFLPA entity list are made with forced 00:02:09.662 --> 00:02:13.766 labor and are prohibited from entry into the U.S. 00:02:13.766 --> 00:02:18.104 The UFLPA was signed into law on December 23, 2021, 00:02:18.238 --> 00:02:21.808 and went into effect on June 21, 2022. 00:02:22.842 --> 00:02:27.514 This means that from June 21st onward, any goods mined, produced or manufactured 00:02:27.747 --> 00:02:32.051 wholly or in part in the Xinjiang Uyghur Autonomous Region of China 00:02:32.519 --> 00:02:35.822 or by entities on the UFLPA entity list 00:02:35.855 --> 00:02:40.193 are prohibited from entry into the U.S. 00:02:40.260 --> 00:02:42.395 CBP has several enforcement mechanisms 00:02:42.395 --> 00:02:46.266 against importation of goods produced by forced labor. 00:02:46.332 --> 00:02:50.236 CBP, in enforcing Section 1307, issues 00:02:50.236 --> 00:02:56.442 Withhold Release Orders, or WROs, when CBP has evidence that reasonably 00:02:56.442 --> 00:03:00.180 but not conclusively indicates that goods produced wholly or in part 00:03:00.180 --> 00:03:04.617 by forced labor are being or are likely to be imported into the United States. 00:03:05.018 --> 00:03:09.055 CBP detains the merchandise subject to a WRO. 00:03:09.122 --> 00:03:13.159 If the importer cannot demonstrate that goods subject to a WRO 00:03:13.159 --> 00:03:17.630 are free of forced labor, CBP will deny entry to the merchandise. 00:03:17.630 --> 00:03:21.534 When CBP has conclusive evidence that merchandise entering 00:03:21.534 --> 00:03:24.737 the United States is produced wholly or in part by 00:03:24.737 --> 00:03:28.007 forced labor, CBP publishes a finding. 00:03:28.074 --> 00:03:31.010 Once a finding is published, CBP seizes 00:03:31.010 --> 00:03:34.013 and forfeits the merchandise subject to such finding. 00:03:34.480 --> 00:03:37.584 In addition, penalties may be assessed against an importer 00:03:37.817 --> 00:03:39.786 who imports goods into the U.S. 00:03:39.786 --> 00:03:42.956 that are prohibited due to being produced by forced labor. 00:03:43.890 --> 00:03:46.926 Now that we've covered forced labor enforcement mechanisms 00:03:46.926 --> 00:03:50.029 unrelated to the UFLPA, we will cover 00:03:50.029 --> 00:03:52.999 how CBP enforces the UFLPA. 00:03:52.999 --> 00:03:57.270 Shipments determined to be subject to the UFLPA will be presumed 00:03:57.270 --> 00:04:02.875 to be in violation of the UFLPA and denied entry unless an importer qualifies 00:04:02.875 --> 00:04:08.014 for an exception by fully responding to any CBP requests for information, 00:04:08.114 --> 00:04:12.552 complying with all requirements in the UFLPA Strategy, and demonstrating, 00:04:12.552 --> 00:04:17.090 by clear and convincing evidence, that its goods are not made with forced labor. 00:04:17.423 --> 00:04:21.561 If an importer wishes to contend that its detained merchandise is not subject 00:04:21.561 --> 00:04:26.266 to the UFLPA, it can provide information to that effect to CBP. 00:04:27.267 --> 00:04:30.436 Importers must consult and comply with the UFLPA Strategy, 00:04:30.436 --> 00:04:33.640 which can be found on CBP's website. 00:04:33.873 --> 00:04:37.610 If you have questions on forced labor or need additional information, 00:04:37.810 --> 00:04:42.482 please visit cbp.gov/trade/forced-labor. 00:04:42.582 --> 00:04:46.219 We thank you for taking the time to watch this informational video 00:04:46.219 --> 00:04:50.056 and hope you'll tune in for additional segments of our forced labor video series.