Bass, Berry & Sims attorney Thad McBride co-authored an article with attorney Evelyn Suarez about the challenges associated with compliance with the Uyghur Forced Labor Prevention Act (UFLPA). The UFLPA was enacted in December 2021 to fight against the import of goods made with forced labor, specifically targeting manufacturers in Asia.

In the article, the authors outline best practices for companies to incorporate into an effective supply chain compliance and management program, including:

  1. Supply chain mapping: An essential part of the due diligence process to identify potential forced labor in a supply chain.
  2. Contract language: Incorporating contract clauses to protect against human rights violations in international supply chains.
  3. Monitoring and remediation: Active monitoring of compliance, including through audits, managerial vigilance, and encouraging reporting of actual or suspected violations.
  4. Code of conduct and policies and procedures: Establish the organizations commitment to compliance through a robust code of conduct and related policies and procedures that expressly forbid the use of forced labor in the supply chain.

U.S. Customs and Border Protection has made clear that forced labor is a top-tier enforcement priority. Importers therefore must be prepared and proactive in implementing supply chain compliance measures.

The full article, “UFLPA: Overview of Compliance Challenges, Best Practices,” was published in the September 2023 issue of CEP Magazine and is available online.