Given the energy industry’s continued exposure to supply chain risk from Chinese suppliers, we wanted to alert you to a significant update to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, published in the Federal Register on August 3, 2026. The U.S. Department of Homeland Security (DHS), acting as Chair of the Forced Labor Enforcement Task Force (FLETF), has added 43 new entities to the UFLPA Entity List. Four of the new entities were added to the list identifying those working with the government of the Xinjiang Uyghur Autonomous Region (XUAR) to recruit, transport or receive forced labor, and 41 were added to the list identifying facilities that source material from Xinjiang or from persons working with the Xinjiang government or the Xinjiang Production and Construction Corps under government labor schemes.
The newly listed entities span a range of sectors with direct relevance to engineering, procurement and construction (EPC) projects, including transportation infrastructure and construction materials; nonferrous and precious metals such as copper, molybdenum, gold and aluminum; titanium; lithium; coal; and cotton textiles. Separately, this update also made technical corrections to two entities already on the list to reflect corporate name changes, including the entity formerly known as Xinjiang GCL New Energy Material Technology Co., Ltd. (a polysilicon and monocrystalline silicon producer), now listed as Xinjiang Goens Energy Technology Co., Ltd. — clients with solar or polysilicon supply chains should update their screening protocols to reflect the new name.
As a reminder, goods mined, produced or manufactured wholly or in part by listed entities are subject to a rebuttable presumption of forced labor and are prohibited from importation into the United States under 19 U.S.C. § 1307. Many existing supply and EPC contracts include a UFLPA compliance provision that imposes a continuing compliance obligation on the parties.
Considering this expansion, we strongly recommend that you promptly review your supply chains — including those of subcontractors and equipment suppliers — to determine whether any tier of your procurement involves entities now appearing on the updated UFLPA Entity List. We further recommend that you review your existing contractual frameworks, with particular attention to compliance representations and warranties, material sourcing and country-of-origin requirements, force majeure provisions and any flow-down obligations requiring subcontractor and supplier compliance with applicable trade and import laws. The updated Entity List is available at DHS UFLPA Entity List. We are available to assist with supply chain due diligence, contract review or U.S. Customs and Border Protection enforcement matters related to UFLPA compliance.
For more information or questions, contact Chris Storey.
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