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The law that flips the burden of proof.

2021–present · Case 12 of 15

Most trade law asks the government to prove a shipment is tainted before blocking it. The Uyghur Forced Labor Prevention Act, signed by President Biden on 23 December 2021 and effective from 21 June 2022, reverses that. It establishes a rebuttable presumption that any goods mined, produced or manufactured wholly or in part in Xinjiang are made with forced labor, and bars their import under Section 307 of the Tariff Act of 1930 unless the importer can show clear and convincing evidence otherwise.

Customs and Border Protection enforces the presumption at the border, and the burden sits with the company trying to bring the goods in, not with the government trying to keep them out. For an industry built on complex, multi-tier supply chains running through Xinjiang cotton, polysilicon and other inputs, that reversal is the entire mechanism.

One statute, one presumption Every shipment tied to Xinjiang production is presumed tainted by forced labor until the importer proves otherwise, not the other way around.

Sources: the Uyghur Forced Labor Prevention Act, Public Law 117-78, signed 23 December 2021, effective 21 June 2022.