The Uyghur Forced Labor Prevention Act (UFLPA), signed into US law in December 2021 and effective from June 2022, creates a rebuttable presumption that goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region (XUAR) of China are made with forced labour and are therefore prohibited from importation into the United States under 19 U.S.C. § 1307.
Cobalt-Specific Risk: Xinjiang Processing
While cobalt is primarily mined in the DRC, a significant proportion of global cobalt refining and processing occurs in China, including in Xinjiang. Several major Chinese cobalt chemical producers operate facilities in Xinjiang, including Xinjiang Nonferrous Metal Industry Group and processing facilities associated with the broader cobalt hydroxide-to-cobalt sulfate refining chain. Battery-grade cobalt sulfate used in cathode active materials (CAM) for lithium-ion batteries may pass through Xinjiang processing steps.
The Rebuttable Presumption
Under the UFLPA, importers cannot simply assert that their goods are not made with forced labour — they must affirmatively prove it to US Customs and Border Protection (CBP). The standard of proof is high: importers must provide clear and convincing evidence that the goods were not produced with forced labour. CBP has detained shipments of batteries, EVs, and electronics pending UFLPA review.
UFLPA Entity List
The Forced Labor Enforcement Task Force (FLETF) maintains an entity list of companies determined to use forced labour in Xinjiang. Goods from listed entities are subject to the rebuttable presumption. Importers should screen their cobalt supply chains against the current UFLPA entity list.
Compliance Strategy for Cobalt Importers
- Map cobalt supply chain to the refiner/processor level, identifying any Xinjiang-based steps
- Obtain CoC (chain of custody) documentation from smelters and refiners
- Prioritise RMI CoRAP-certified refiners with verified non-Xinjiang processing
- Screen all suppliers against the UFLPA entity list quarterly
- Maintain import documentation packages ready for CBP review