DHS Adds BGI Genomics, MGI Tech and BGI Group to the UFLPA Entity List, Barring Their Goods Under the Forced-Labor Presumption
The U.S. Department of Homeland Security (DHS) announced on October 28 an update to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, adding three Chinese genomics companies: BGI Genomics Co., Ltd., MGI Tech Co., Ltd., and Shenzhen BGI Technology Co., Ltd., also known as the BGI Group. The updated list now covers 190 entities; the notice has been filed with the Federal Register and is scheduled for formal publication on October 29.
DHS issued the update as chair of the Forced Labor Enforcement Task Force (FLETF). All three companies were added to the section 2(d)(2)(B)(ii) sub-list, which covers entities working with the government of the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz or members of other persecuted groups out of Xinjiang. BGI Genomics and Shenzhen BGI Technology were also added to the section 2(d)(2)(B)(v) sub-list, covering facilities and entities that source material from Xinjiang or from persons working with the Xinjiang government or the Xinjiang Production and Construction Corps for the 'poverty alleviation' or 'pairing-assistance' programs or any other government labor scheme that uses forced labor.
The notice sets out the basis for each addition. BGI Genomics, based in Shenzhen, Guangdong, and controlled by Shenzhen BGI Technology, provides research services and precision-medicine testing solutions through gene testing, mass spectrometry, bioinformatics and multimodal analysis; the U.S. government said it has reasonable cause to believe BGI Genomics conducts genetic testing in Xinjiang alongside the regional government as part of its government initiatives, and that such testing is used to facilitate the recruitment, transport, transfer, harboring or receiving of forced labor and members of the named groups. MGI Tech, under the same ultimate controlling shareholder, develops and sells life-science instruments and reagents, and was found to have provisioned genetic testing capacity to the Xinjiang government. Shenzhen BGI Technology, the BGI Group, which built and manages the China National GeneBank, was found to conduct genetic testing in Xinjiang alongside the regional government.
Under the UFLPA, since June 21, 2022, U.S. Customs and Border Protection applies a rebuttable presumption that goods produced by listed entities are made with forced labor and are therefore barred from importation under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), unless importers rebut the presumption with clear and convincing evidence. Listed entities may request removal with supporting information; FLETF member agencies review and decide by majority vote, and while the decision is not appealable, a fresh request may be filed with new information. The notice was signed by Robert T. Law, Under Secretary for Strategy, Policy and Plans at DHS.
Reuters reported on October 28 that the move is the latest U.S. import restriction on Chinese genomics companies over forced-labor allegations; Beijing has regularly dismissed accusations of forced labor and other abuses in Xinjiang.
Source: GSM · USA (original Chinese edition)
Photo: 华大集团（BGI Group）标识。/ The BGI Group logo. By Coy Tinker, CC0, via Wikimedia Commons
