Statute on Forced Labor Imports 'Perhaps Not Sufficient' to Spur Policy Changes in Xinjiang, CRS Says

The statute that authorizes CBP enforcement of a prohibition on imports made through forced labor may not be enough to stem mistreatment of Chinese Muslims in the Xinjiang region, the Congressional Research Service said in a Dec. 7 report. “Many experts agree that Section 307 is an important tool, but perhaps not sufficient to bring about policy changes in China given the scale and severity of the human rights crisis, which goes beyond forced labor to include mass arbitrary detention, mass surveillance, and other abuses,” it said. A recent withhold release order on Xinjiang Production and Construction Corps cotton was a major enforcement action by CBP and the government is considering additional steps (see 2012030021).

Among the considerations for Congress on broader CBP WROs and new legislation that targets goods from Xinjiang (see 2009220038) are the possible new burdens to CBP processes and resources, the CRS said. “Congress may also consider the role of other anti-trafficking tools including State Department reporting and U.S. diplomatic outreach to other countries related to oppression in Xinjiang, in conjunction with Section 307,” the CRS said. “For example, Congress might urge the Administration to formalize channels for sharing information with CBP compiled from foreign government services on forced labor in the region.”

It seems “broader enforcement approaches, as well as maintaining CBP’s current standard practice, would likely hinge on greater resources,” the CRS said. Experts said “that more enforcement resources will be necessary if CBP issues more industry-wide or regional WROs” and “Congress could appropriate funds if lack of capacity hinders new WRO issuance and enforcement,” the CRS said. A recent Government Accountability Office report found CBP forced labor efforts are already strained by staff shortages (see 2010270045).