On June 9, 2026, the U.S. Customs and Border Protection (CBP) released its Operational Guidance for Forced Labor Enforcement. This document replaces the 2022 version and consolidates three existing control regimes into one, streamlining enforcement mechanisms to address forced labor more comprehensively.
These include the Uyghur Forced Labor Prevention Act (UFLPA) presumption for goods with inputs from China’s Xinjiang region, Withhold Release Orders (WROs) under the Tariff Act of 1930’s Section 307, and the CAATSA regime for goods produced by North Korean nationals worldwide. The consolidation aims to provide clearer guidelines for importers while strengthening the U.S. commitment to eradicating forced labor from global supply chains.
Beyond China: A Global Focus on Forced Labor
A common misconception is that this guidance solely targets China. In reality, all U.S. importers are required to exercise reasonable care, ensuring their goods are not produced with forced labor, regardless of origin. This global approach reflects the growing international consensus on the need to combat forced labor across all sectors and regions.
This responsibility extends upstream, with U.S. buyers demanding Latin American suppliers provide supply chain mapping, codes of conduct, monitoring, remediation, and unannounced audits conducted by independent third parties. These audits must be evaluated against the International Labour Organization’s (ILO) 11 indicators of forced labor. Existing financial or environmental audits fall short of this standard, as they do not specifically address the subtle risks associated with forced labor. Suppliers are increasingly required to demonstrate transparency and accountability throughout their supply chains to meet these demands.
Severe Consequences for Non-Compliance
The consequences of a detention are significant. Goods can be excluded, and under a seizure finding, the importer forfeits all ownership rights, unable even to re-export the merchandise. This not only results in financial losses but also damages the importer’s reputation and market standing. For Colombian exporters, this means losing commercial relationships and facing the risk of WROs targeting their own products. The impact extends beyond immediate financial losses, as it can lead to long-term exclusion from key markets and increased scrutiny of their supply chains.
The European Union is also taking action. The EU Regulation 2024/3015, prohibiting products made with forced labor in the European market, will be applicable from December 14, 2027. Throughout 2026, the European Commission has been publishing due diligence guidelines, a risk database, and a single portal to define what constitutes adequate due diligence. These resources aim to provide clarity and support to companies working through the new regulatory system. Labor-intensive sectors like coffee, bananas, palm oil, flowers, sugar, and cocoa are naturally under scrutiny, given their historical association with labor exploitation and the complexity of their supply chains.
Colombia’s Strategic Response
Faced with this environment, the new Colombian government should continue encouraging companies to strengthen their human rights due diligence processes, with a particular focus on forced labor. This means building upon existing instruments like Decree 0552 of 2026, which provides a framework for companies to identify, prevent, and mitigate risks of forced labor. By aligning with international standards, Colombia can position itself as a responsible trading partner and enhance its competitiveness in global markets.
This isn’t about imposing additional burdens on businesses, a perception gaining traction in some countries. Instead, it’s about recognizing a reality: the absence of forced labor, and more importantly, documented and verifiable proof of that absence, has become a condition for accessing the two most important markets for Colombian exports. Those who come prepared will have a competitive advantage over those who don’t. Proactive measures, such as investing in robust due diligence processes, can help Colombian companies avoid disruptions and maintain their market access.
For companies, the calculation is equally concrete. A robust due diligence process is now the only tool that allows them to simultaneously comply with CBP requirements, the European regulation, and the contractual demands of buyers worldwide, while managing the legal and reputational risks associated with non-compliance. Forced labor due diligence is no longer an optional best practice; it’s a market access requirement. Companies that fail to adapt risk not only financial penalties but also long-term damage to their brand and customer trust.
