- On 12 June 2026, CBP published its new CBP Forced Labor Enforcement Operational Guidance for Importers.
- The guidance updates and supersedes the previous Uyghur Forced Labor Prevention Act (UFLPA) Operational Guidance for Importers.
- Key changes include
- The guidance now covers all three US forced labour enforcement authorities: the UFLPA, WROs and Findings, and the Countering America’s Adversaries Through Sanctions Act (CAATSA), which establishes a rebuttable presumption of forced labour in relation to North Korea.
- It also expands the high-priority sector supply chain tracing requirements. Whereas the previous guidance covered only cotton, polysilicon and tomatoes (which were UFLPA-specific), the new guidance covers several additional sectors, including apparel, copper, seafood, red dates and steel, as set out in Appendix A.
Due diligence system and audit standards (Appendix B)
- There is no change to this from the previous guidance, which we have included below for a quick look.
- CBP states that importers must proactively identify, assess and mitigate forced labour risks to comply with forced labour import laws, and it sets out the components of an adequate due diligence system and risk management process for doing so. These components are broadly aligned with the CSDDD.
- Audits should be unannounced, conducted by independent or third-party auditors, and focused specifically on the ILO’s 11 forced labour indicators. The following types of audit are insufficient to mitigate forced labour risk: audits that do not specifically assess the ILO forced labour indicators, financial audits and environmental audits.
| CBP: components of an adequate forced labour due diligence system may include | CSDDD Equivalent |
| Engagement with suppliers and other stakeholders to assess and address forced labour risk (no definition of stakeholders provided) | Yes — Art. 8: stakeholder engagement |
| Mapping of supply chain and assessment of forced labour risks from raw materials to finished goods | Yes — Art. 8: identification and assessment of adverse impacts across value chain |
| Written supplier Code of Conduct prohibiting forced labour; addressing risk of Chinese government labour schemes where relevant | Partially — Art. 5: due diligence policy should include a code of conduct. No China-specific requirement |
| Training on forced labour risks for employees and agents who select and interact with suppliers | Partially — Art. 7: requires integration of due diligence into operations and management systems but does not explicitly require training on forced labour. |
| Monitoring of supplier compliance with the code of conduct | Yes — Arts. 15, 10 and 11: monitoring effectiveness of due diligence measures and prevention/corrective action |
| Remediation of forced labour conditions identified; or termination of supplier relationship where remediation is not possible or timely | Yes — Arts. 10, 11 and 12 (prevention, mitigation and remediation; suspension of business relationship as last resort) |
| Independent verification of the implementation and effectiveness of the due diligence system | Independent verification not required |
| Reporting performance and engagement publicly on its due diligence system | Yes — Art. 16 (annual public reporting on due diligence implementation) |