Investor Presentaiton
Uyghur Forced Labor Prevention Act:
The "Rebuttable" Presumption
• "Clear and convincing evidence" Standard
•
High burden on importers to prove the negative
• Similar to North Korea forced labor rebuttal standard per CAATSA - 22 USC
9241a
CBP discretion
• CBP to report to Congress if exception granted-may discourage exceptions
Section 3(b) EXCEPTIONS.-The Commissioner shall apply the presumption under subsection (a) unless
the Commissioner determines-
(1) that the importer of record has-(A) fully complied with the guidance described in section 2(d)(6)
and any regulations issued to implement that guidance; and (B) completely and substantively
responded to all inquiries for information submitted by the Commissioner to ascertain whether the
goods were mined, produced, or manufactured wholly or in part with forced labor; and
(2) by clear and convincing evidence, that the good, ware, article, or merchandise was not mined,
produced, or manufactured wholly or in part by forced labor.
(c) REPORT REQUIRED.-The Commissioner shall submit to the appropriate congressional committees
and make available to the public, not later than 30 days after making a determination of an exception
under subsection (b), a report identifying the good and the evidence considered under subsection (b).
15View entire presentation