Forced labor compliance is no longer a narrow legal or sourcing issue. The US Customs and Border Protection’s (CBP) Forced Labor Enforcement Operational Guidance for Importers makes clear that forced labor prevention is now central to import compliance, supply chain resilience, and business continuity.
For executives, the message is direct: importers need credible evidence of where products come from, how materials move, who is involved in production, and whether labor risks are being managed before goods arrive at a US port.
“Supply chains grow more complex every day, and the regulatory expectations behind them are expanding to include visibility, traceability, and operational due diligence. Establish a holistic supply chain map that is continuously updated just like you would with any other compliance program.” –Tony Pelli, Global Practice Director, Security & Resilience
The following are eight items to guide your organization toward stronger supply chain governance and CBP compliance.
1. Make forced labor compliance a core import requirement with clear cross-functional accountability
The first, and most important step is to treat forced labor compliance as an integral part of import compliance and supply chain risk management. The updated guidance reinforces that importers are responsible for exercising reasonable care, making it essential to embed due diligence across trade compliance, procurement, sourcing, sustainability, legal, and operations. Clear ownership, defined responsibilities, and regular reviews can help turn supply chain due diligence into an ongoing business process.
2. Understand that enforcement actions do not all follow the same path
The intent of the guidance is to bring together enforcement of different tariffs, sanctions, and withhold release orders, but different authorities can carry different evidentiary requirements, timelines, response options, and consequences, making a generic detention response plan insufficient.
3. Move due diligence upstream before products reach the border
CBP repeatedly emphasizes that due diligence should happen before products reach the border. Organizations that wait until a shipment is detained may struggle to gather sourcing, production, labor, logistics, and supplier records on time.
4. Improve traceability beyond Tier 1 suppliers
For many organizations, visibility still stops at Tier 1 suppliers. That is often where risk begins. CBP expects importers to understand where products originate, how materials move, and who participates in production.
“Forced labor risks in supply chains can be difficult to identify due to the opaque nature of multi-tier supplier and recruiter relationships.” – Ryan Lynch, Global Practice Director, Sustainability
Raw material suppliers, subcontractors, labor providers, processing facilities, and logistics partners can all create risks that may not be visible through traditional screening. Complex supply chains require structured mapping, practical traceability, and regular validation.
5. Strengthen documentation before CBP asks for it
Supplier declarations alone are unlikely to be enough. Importers should be able to quickly produce transaction-specific evidence, including production records, transportation documents, traceability records, supplier audit reports, and corrective action documentation.
6. Focus on supplier engagement, not just supplier screening and be prepared to demonstrate it
Supplier oversight should continue after onboarding and be supported by a risk-based, evidence-driven process. Clear contractual expectations, supplier training, periodic assessments and audits, independent verification, and corrective action can help organizations identify and address issues before they escalate. Importers should also be prepared to demonstrate that these activities are taking place and maintain credible documentation showing how risks are identified, verified, and addressed.
7. Prepare for detention, exclusion, and admissibility reviews
Even strong programs may face enforcement actions. Importers should establish response plans that define escalation procedures, supplier communication protocols, documentation requirements, and legal or regulatory review processes.
8. Connect import compliance with broader human rights and responsible sourcing programs
Expectations for human rights due diligence and supply chain transparency are expanding globally. The European Union’s Forced Labour Regulation and Corporate Sustainability Due Diligence Directive (CSDDD) are raising the bar for how companies identify, prevent, and address labor and human rights risks across value chains. This helps ensure that you aren’t duplicating effort for each new regulatory requirement.
Forced labor enforcement is increasingly about being able to show where your products come from and that you’ve done the work to understand what’s happening across your supply chain before those goods reach the border.
