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DHS Unveils Uyghur Forced Labor Prevention Act Entity List

The Department of Homeland Security (DHS) announced the availability of the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, which represents the consolidation of the four lists required to be developed and maintained pursuant to the UFLPA. The four lists that make up the UFLPA Entity List include: (1) a list of entities in Xinjiang, China that mine, produce, or manufacture wholly or in part any goods, wares, articles, and merchandise with forced labor; (2) a list of entities 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; (3) a list of entities that exported products made by entities in the first two lists from China into the United States; and (4) a list of facilities and entities, including the Xinjiang Production and Construction Corps, that source material from Xinjiang or from persons working with the government of Xinjiang or the Xinjiang Production and Construction Corps for purposes of the Chinese government’s “poverty alleviation” program or the “pairing-assistance” program or any other government-labor scheme that uses forced labor.  The current UFLPA Entity List, which includes 32 entities, is available in Appendix I of the Federal Register notice here. Among the listed entities are the Xinjiang Production and Construction Corps (and its subordinate and affiliated entities) and Xinjiang East Hope Nonferrous Metals Co. Ltd.

The Forced Labor Enforcement Task Force (FLETF) will consider future additions to or removals from the UFLPA Entity List. The Forced Labor Enforcement Task Force is an interagency task force including: (1) DHS; (2) the Office of the U.S. Trade Representative; (3) the Department of Labor; (4) the State Department; (5) the Department of Justice; (6) the Treasury Department; and (7) the Department of Commerce.  Any FLETF member agency may submit recommendations to add, remove, or make technical corrections to an entry on the Entity List, and the FLETF will review and vote on revisions to the list. 

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