EU Forced Labor Regulation Moves Toward Implementation: How Companies Should Prepare
On June 26, 2026, the European Commission (Commission) published its long-awaited guidelines on the Forced Labor Regulation (FLR). The FLR, which entered into force in December 2024 (see Sidley Update of December 2024) and will apply in full from December 14, 2027, introduces a broad ban on products made, wholly or partly, with forced labor at any stage of the supply chain, regardless of product type, sector, or origin.
President Trump Issues Executive Order to Enhance Customs Enforcement
President Trump’s June 3, 2026 Executive Order on customs enforcement signals a significant expansion of the Administration’s America First Trade Policy beyond tariffs and trade remedies. The order directs the Department of Homeland Security and U.S. Customs and Border Protection (CBP) to undertake a broad range of reforms aimed at strengthening customs enforcement, including heightened importer vetting, increased bond requirements, expanded supply-chain disclosure obligations, and stricter penalties for noncompliance. The order also focuses on nonresident importers of record, imposing new restrictions that could affect foreign companies that have long relied on established import structures and procedures to access the U.S. market. Because many of the contemplated changes can be implemented through CBP rulemaking and guidance rather than legislation, importers should expect significant regulatory developments over the coming months. Companies that import goods into the United States should begin assessing the potential impact on their customs compliance programs, supply chains, and import operations.
Tariff Enforcement at the Forefront: Importer Agrees to Pay $549.5 million in Largest-Ever Trade-Related False Claims Act Settlement
On May 12, 2026, the Department of Justice (“DOJ”) announced a $549.5 million settlement with Perfectus Aluminum Acquisitions LLC and four affiliated companies to resolve allegations that they violated the False Claims Act (“FCA”) by evading customs duties. This settlement is the largest trade-related settlement under the FCA.
The action was initiated by qui tam cases brought by individuals who worked for U.S.-based competitors and the Aluminum Extrusion Counsel and ultimately coordinated through the DOJ’s Trade Fraud Task Force, which involved cooperation between DOJ and the Department of Homeland Security. This case highlights the increasing use of the FCA to hold importers liable for the underpayment of customs duties, the Administration’s commitment to enforcing U.S. customs laws, and the potential for competitors and former employees to harness the FCA to motivate federal investigations into allegations of trade fraud.
This post examines the settlement and discusses its implications for importers, manufacturers, and other companies facing customs and trade enforcement risk.
Call of Duties: New U.S. Trade Fraud Task Force Signals Increased Tariff Enforcement is Coming
On August 29, 2025, the U.S. Department of Justice (DOJ) and Department of Homeland Security (DHS) announced their partnership on the cross-agency Trade Fraud Task Force. Per DOJ’s press release, the Task Force will bring robust enforcement against importers and other parties that seek to defraud the United States.
Tariff Evasion Is Within DOJ’s Crosshairs: Potential Criminal and Civil Consequences for Noncompliance With Increased U.S. Tariffs
The first six months of the current Trump administration have made it clear that tariffs are here to stay and that noncompliance — intentional or otherwise — will be subject to potentially significant criminal and civil liability. Indeed, the administration has committed to an August 1, 2025, deadline for new country-specific tariffs to begin. The scale, speed, and complexity of the changes in the U.S. tariff landscape over the previous six months (which will likely continue) has created an environment ripe for noncompliance. (more…)