Trade Facilitation and Trade Enforcement Act (TFTEA)

The Trade Facilitation and Trade Enforcement Act (TFTEA) is a United States federal statute. Its formal name is the Trade Facilitation and Trade Enforcement Act of 2015, and it was enacted as Public Law 114-125 on February 24, 2016. The Act reauthorized U.S. trade-facilitation and trade-enforcement functions and activities, including the authorities of U.S. Customs and Border Protection (CBP). The statutory text is available from the U.S. Treasury.

TFTEA is not a NATO term, a Canadian procurement standard, or a general Canadian procurement policy. Canadian suppliers meet it mainly in one place: a Canadian federal solicitation that refers to CBP findings or Withhold Release Orders issued under the Act. This page explains what the Act is and how that reference works.

What TFTEA defines as trade enforcement and trade facilitation

The Act defines two core terms. Trade enforcement means enforcement of U.S. customs and trade laws. Trade facilitation means CBP policies and activities that facilitate the movement of merchandise into and out of the United States in compliance with those laws. Both definitions appear in the bill text on Congress.gov.

CBP describes TFTEA as its first comprehensive authorization since the creation of the U.S. Department of Homeland Security in 2003. Its TFTEA overview page states that the Act supports a fair and competitive trade environment.

What the Act covers

TFTEA is administered primarily through CBP. It addresses a set of related areas:

• Customs modernization
• Trade facilitation
• Trade enforcement
• Enforcement of antidumping and countervailing-duty laws
• Intellectual-property enforcement
• Related import controls, including de minimis provisions

CBP highlights enhanced enforcement of antidumping and countervailing-duty laws as part of the Act. CBP also publishes a fact sheet on the Act that summarizes its provisions.

Withhold Release Orders and the link to forced labour

A Withhold Release Order (WRO) is an action concerning goods suspected of being produced with forced labour. WROs are one of the enforcement tools connected with the Act. When CBP issues a finding or a WRO, it concerns the import of specific goods into the United States.

How TFTEA appears in a Canadian federal solicitation

Public Services and Procurement Canada solicitation J069675/A, published on CanadaBuys, refers to "Findings or Withhold Release Orders issued by the United States Customs and Border Protection, under the US Trade Facilitation and Trade Enforcement Act (TFTEA) of 2015." The wording sits in a requirement dealing with forced-labour and human-trafficking risks in the supply chain. You can read it in the RFP document on CanadaBuys.

That reference is specific to this solicitation. It does not make TFTEA a general Canadian procurement requirement, a NATO contracting requirement, or a standard clause across federal, provincial, or defence procurement. Canada's own anti-forced labour requirements are set out separately in a CanadaBuys policy notification on anti-forced labour requirements.

What TFTEA means for a supplier bidding on Canadian public contracts

Read the solicitation wording closely. If a bid document refers to CBP findings or Withhold Release Orders under TFTEA, you must address that wording as written. Check whether any CBP finding or WRO relates to your goods, your suppliers, or your subcontractors, and prepare your response and supporting records before the bid closes. Where a solicitation does not mention TFTEA, the Act is not a bid requirement.