Enforcement of Uyghur Forced Labor Prevention Act Wanes, Contradicting Administration's Pro-Enforcement Rhetoric

Strategic Insights -

Since the Uyghur Forced Labor Prevention Act (UFLPA) was implemented in 2022, Customs and Border Patrol's (CBP) policing has fallen dramatically, with the number of shipments stopped under UFLPA down 40 percent between March and July compared with the same period last year. This decline in enforcement comes as the Biden administration is reducing resources for agencies and organizations combating forced labor. Companies are deprioritizing eliminating forced labor from their supply chains, focusing instead on tariff compliance. The shift in enforcement priorities is already leading to changes in corporate compliance and risk management, with executives allocating resources away from addressing human rights laws like the UFLPA. "Companies know that enforcement is down. They're allocating resources towards addressing tariff issues and are moving those resources away from dealing with compliance with human rights laws like the UFLPA," said Laura Murphy, a senior associate at the Center for Strategic and International Studies.

Key Takeaways:

  • CBP has stopped significantly fewer shipments under UFLPA, with a 40% decline in shipments stopped between March and July compared with the same period last year.
  • Companies are deprioritizing eliminating forced labor from their supply chains, focusing instead on tariff compliance due to decreased enforcement.
  • The Biden administration has reduced resources for agencies and organizations combating forced labor, including the State Department's Bureau of Democracy, Human Rights, and Labor, and grants for civil society organizations.
  • The administration's priority on UFLPA enforcement has contradicted the public pro-enforcement messaging, leading to confusion and concern among advocates and researchers.
  • The State Department has appointed a Uyghur genocide denier as a top official, further undermining trust in the government's commitment to enforcing the UFLPA.

Statistics:

  • 300-400 shipments were stopped in 2023 and 2024, but as of September 2024, CBP was typically stopping between 100 and 200 shipments a month.
  • Imports from China have been down following Trump's April 2 announcement, but imports from China and other countries known for forced labor have remained level.
  • The value of products prevented from entering American commerce increased in FY2025, with an average of 565 shipments detained per month.
  • The UFLPA Entity List has not been updated since 2023, with no new companies added to the list.
  • The State Department's Bureau of Democracy, Human Rights, and Labor has been reduced by 80% since Secretary Rubio's appointment.

Sources:

  • CBP statistics, publicly available on cbp.gov
  • State Department information, from state.gov
  • The Capitol Forum report, from prospect.org
  • Financial Times reporting, from ft.com
  • U.S. International Trade Commission data, from dataweb.usitc.gov
  • Center for Strategic and International Studies report, from csis.org