Robert Silvers, the undersecretary for policy at the U.S. Department of Homeland Security and chair of the Forced Labor Enforcement Task Force, recently addressed the USFIA conference, shedding light on the enforcement of the Uyghur Forced Labor Prevention Act, 17 months post its enactment.
The Uyghur Forced Labor Prevention Act mandates companies importing goods from China’s Xinjiang region, including apparel, to certify that these items weren’t produced through forced labor, or face penalties upon non-compliance.
Silvers emphasized that the law brought a significant shift in how the U.S. government enforces forced labor regulations, placing the onus on importers to verify the origins of their products. This necessitates a deep understanding of supply chains and rigorous due diligence practices.
Acknowledging the timeliness stipulated by Congress to implement the rules, Silvers highlighted both the longstanding enforcement of forced labor laws and the emerging aspects, emphasizing the growing global importance of this issue.
Not confined to the U.S., similar laws are emerging globally. Canada’s legislation against forced labor and child labor in supply chains, effective from January 2024, and the EU’s efforts to ban products made through forced labor within its market signify a broader international approach.
Silvers stressed the department’s commitment to balancing the enforcement of forced labor laws with facilitating lawful commerce and honoring human rights, fairness in trade, and the intentions of the majority of U.S. companies to act ethically.
He also highlighted the department’s interest in partnering with importers on leveraging technology for supply chain transparency. DNA testing and supply chain mapping software were mentioned as promising tools, acknowledging their potential to trace forced labor within apparel supply chains.
Silvers mentioned the evolving nature of enforcement and welcomed further innovation in technology, especially considering the ongoing efforts to decrease uncertainty levels and improve trusted trader programs. He cited a continuous evolution in enforcement similar to the ever-evolving landscape of fashion.
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