Investor Presentaiton slide image

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). 15
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