Withhold Release Orders (WROs)

A Withhold Release Order (WRO) is an order issued by U.S. Customs and Border Protection (CBP). CBP issues one when information reasonably, but not conclusively, indicates that merchandise produced with forced labour is being, or is likely to be, imported into the United States. The order directs U.S. Customs officers to detain the covered goods and prevent their release. U.S. Department of Defense procurement guidance describes WROs in these terms.

A WRO is a U.S. trade-enforcement tool. It is not a NATO term and it is not a Canadian legal designation. It still appears in Canadian public procurement, because Canadian buyers use it as an indicator when they assess forced-labour risk in supply chains. Suppliers may be asked to disclose or address WROs that affect their goods or their supply chain.

Legal basis and effect of a WRO at the U.S. border

WROs operate under section 307 of the U.S. Tariff Act of 1930, which prohibits importing goods made with forced labour into the United States. The U.S. Government Accountability Office report on forced labour in DOD commissaries and exchanges sets out this framework.

Once a WRO is in place, covered goods may be detained at U.S. ports and prevented from entering the country. The order attaches to goods, not to a general finding about a company's conduct.

WRO versus CBP Finding

CBP uses two related instruments, and the difference is the evidence required.

• A WRO rests on a reasonable-suspicion threshold. The information must reasonably, but not conclusively, indicate forced labour.
• A Finding is based on evidence that conclusively demonstrates forced labour.

The Government of Canada's question period note on forced labour in global supply chains draws this distinction. A WRO is therefore the lower-threshold step. Solicitations often name both instruments together.

How Canada's own forced-labour import rules differ

Canada has its own prohibition on importing goods made with forced labour. Canadian government material describes that regime as shipment-based. The Canada Border Services Agency (CBSA) makes enforcement decisions case by case, rather than through U.S.-style WROs. The same question period note sets this out.

The Government of Canada's Risk Assessment of Forced Labour in Procurement treats U.S. WROs as an indicator relevant to forced-labour risk, while keeping them separate from Canada's Customs Tariff enforcement process. Public Services and Procurement Canada has also discussed U.S. WROs in a question period note on labour exploitation in procurement. That note refers to WROs concerning cotton and tomato products from Xinjiang.

WROs in Canadian solicitations

WROs show up in Canadian bidding mainly as supplier-screening and due-diligence requirements. One example is RFP J069675/A on CanadaBuys, a Canadian Armed Forces and Department of National Defence-related solicitation. It requires information concerning "Findings or Withhold Release Orders issued by the United States Customs and Border Protection."

Where a clause like this appears, the supplier must disclose or address applicable CBP Findings or WROs. These can affect the supplier, its goods or its supply chain. The response must follow the manner the solicitation requires. Each RFP sets its own response format and consequences, so bid teams should read the clause in the tender document itself.

What a WRO means for a supplier bidding on Canadian public contracts

A WRO is a screening issue, not a Canadian order. Check whether any CBP WRO or Finding covers your goods, your subcontractors or your upstream sources before you bid. Where a solicitation asks about them, answer in the format the document requires.

Keep records of your supply chain so you can respond quickly. Federal buyers treat WROs as one input to forced-labour risk assessment. A clear and accurate answer helps your bid pass that screening.