CBP Uyghur Blacklist Rollout

The U.S. Department of Homeland Security (DHS), in collaboration with the Forced Labor Enforcement Task Force (FLETF), has unveiled the updated UFLPA Entity List.

This consolidated register serves as a comprehensive record of the four lists mandated by Section 2(d)(2)(B) of the Uyghur Forced Labor Prevention Act (UFLPA). The purpose of this list is to identify and monitor entities involved in forced labor practices and to prevent the importation of goods made with forced labor into the United States.

The newly updated UFLPA Entity List, available at the link https://www.dhs.gov/uflpa-entity-list, includes two additional entities and eight subsidiaries that have been found to collaborate with the government of Xinjiang.

These entities are involved in activities such as recruiting, transporting, transferring, harboring, or receiving forced labor or individuals from persecuted groups, including Uyghurs, Kazakhs, Kyrgyz, and others, from Xinjiang. The list aims to raise awareness and discourage trade with these entities.

According to the UFLPA, beginning June 21, 2022, the Commissioner of U.S. Customs and Border Protection is required to apply a rebuttable presumption that goods produced or manufactured by entities on the UFLPA Entity List are made with forced labor. Consequently, such goods are prohibited from being imported into the United States under 19 U.S.C. 1307.

The UFLPA Entity List will undergo future revisions, including additions, removals, and technical corrections, which will be published on the DHS UFLPA website (https://www.dhs.gov/uflpa-entity-list) and as appendices in the Federal Register notices.

Background:

The Forced Labor Enforcement Task Force (FLETF) was established under Section 741 of the United States-Mexico-Canada Agreement Implementation Act. Chaired by the DHS Under Secretary for Strategy, Policy, and Plans, the FLETF is an interagency task force comprising several government departments, including Homeland Security, the U.S. Trade Representative, and the Departments of Labor, State, Justice, the Treasury, and Commerce. Additionally, six observer agencies, including the Departments of Energy and Agriculture, the U.S. Agency for International Development, the National Security Council, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement Homeland Security Investigations, are part of the FLETF.

The UFLPA, enacted to prevent the importation of goods made with forced labor in the People's Republic of China, requires the FLETF, in consultation with the Secretary of Commerce and the Director of National Intelligence, to develop a strategy for enforcing Section 307 of the Tariff Act of 1930. This strategy, titled "Strategy to Prevent the Importation of Goods Mined, Produced, or Manufactured with Forced Labor in the People's Republic of China," includes the initial UFLPA Entity List.The U.S. Department of Homeland Security (DHS), as the Chair of the Forced Labor Enforcement Task Force (FLETF), announces the publication and availability of the updated Uyghur Forced Labor Prevention Act (UFLPA) Entity List, a consolidated register of the four lists required to be developed and maintained pursuant to the UFLPA, on the DHS UFLPA website. The updated UFLPA Entity List is also published as an appendix to this notice. This update adds two entities and eight subsidiaries to the UFLPA Entity List for working with the government of Xinjiang to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of Xinjiang.

The UFLPA Entity List encompasses four distinct lists outlined in Section 2(d)(2)(B) of the UFLPA. These include a list of entities involved in forced labor activities in Xinjiang, entities collaborating with the Xinjiang government in recruiting forced labor or individuals from persecuted groups, entities exporting products made by listed entities from the People's Republic of China to the United States, and facilities and entities sourcing materials from Xinjiang or entities associated with the Xinjiang government for forced labor programs.

Entities listed on the UFLPA Entity List are subject to the UFLPA's rebuttable presumption, prohibiting the entry of their products into the United States under 19 U.S.C. 1307.

The FLETF will continue to consider additions, removals, and technical corrections to the UFLPA Entity List based on the criteria described in the UFLPA. Recommendations from FLETF member agencies will be reviewed and voted upon to decide any revisions.

[88 FR 38080]