US clinical laboratories and sequencing facilities sourcing instruments, reagents, or consumables from BGI Genomics Co., MGI Tech Co., or the Shenzhen BGI Technology Co., now face an immediate import prohibition under federal forced labor law. The US Department of Homeland Security (DHS) added all three entities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, effective October 29, 2026, triggering a rebuttable presumption that their goods were produced with forced labor and are barred from US entry.
Key Insights: Under the UFLPA, US Customs and Border Protection (CBP) treats goods from a listed entity as inadmissible without clear and convincing rebuttal evidence, a standard most labs cannot meet. Procurement leads with active BGI or MGI supply agreements must audit incoming shipments now and decide whether to pursue rebuttal or switch suppliers.
UFLPA Entity List: What Does Designation Mean for Imports?
Rebutting the presumption requires importers to submit supply-chain tracing to the point of manufacture, labor recruitment records, and site-specific audit evidence. Most commodity-level instrument and reagent buyers do not hold this documentation.
Labs receiving sequencing instruments, flow cells, library preparation kits, or reagent cartridges from MGI Tech or BGI Genomics should check immediately whether shipments are in transit or pending. Goods that cleared US customs before October 29 are unaffected. Any shipment crossing the border on or after that date is subject to the presumption, regardless of when the purchase order was placed.
The following four compliance areas carry distinct regulatory authorities, current statuses, and near-term actions for labs assessing their exposure:
| Compliance Area | Regulatory Authority | Current Status | Testing Implication | Near-Term Action |
| Instrument and reagent import | DHS / CBP under UFLPA (P.L. 117-78) | Active. Effective October 29, 2026. | Any BGI/MGI consumable or instrument entering the US is blocked | Audit open orders and scheduled deliveries. Halt BGI/MGI imports pending rebuttal assessment. |
| Rebuttal exception eligibility | CBP UFLPA enforcement guidance | Available; importer bears burden. | Supply chain tracing, labor records, and site audit evidence required per CBP standard. | Engage customs counsel before filing. CBP guidance at dhs.gov/uflpa-entity-list. |
| Federal contracts and grants | DoD 1260H List / BIOSECURE Act (NDAA FY2026 Sec. 851) | Enacted December 18, 2025. FAR revision due June 2028. Prohibition takes effect ~60 days after. | Federally funded labs may not use BGI/MGI equipment or services after the Federal Acquisition Regulation (FAR) effective date. | Map federal funding exposure now. Identify instruments running on BGI/MGI platforms in federally funded workflows. Plan transition before Q3 2028. |
| Entity list removal | FLETF / DHS | BGI and MGI have filed challenges; no confirmed timeline | Removal would restore import eligibility. | Monitor FLETF register for updates. Do not assume removal from company statements. |
Dual Federal Exposure: UFLPA and the BIOSECURE Act
BGI Genomics, MGI Tech, and Shenzhen BGI Technology Co., face compounding federal exposure: UFLPA import restrictions now, and BIOSECURE Act procurement prohibitions phasing in. The DHS confirmed that Shenzhen BGI Technology Co. (also known as BGI Group and BGI Holdings) is the controlling shareholder of BGI Genomics; MGI Tech, which went public in 2022, shares an ultimate controlling shareholder with BGI Group. Contracts or supply agreements drawn up under one entity name can implicate another listed entity, so labs should audit records across all three entity names.
All three entities appear on the Department of Defense 1260H List of Chinese military companies, which triggers coverage under the BIOSECURE Act (P.L. 119-60, Sec. 851), enacted as part of the FY 2026 National Defense Authorization Act (NDAA). Implementation runs in sequence: The Office of Management and Budget (OMB) must publish the biotechnology companies of concern (BCC) list by December 2026, issue guidance by June 2027, and revise the Federal Acquisition Regulation (FAR) by June 2028.
Laboratories receiving NIH grants, Department of Energy awards, or other federal financial assistance must monitor two compliance tracks: The UFLPA import prohibition, active now, and the BIOSECURE Act grant and contract prohibition, which phases in as the FAR is updated. University core facilities and CROs running BGI or MGI platforms on federally funded projects carry the more urgent planning burden. Instruments already on-site can continue operating on nonfederal work if that separation is clean and documentable, but most multi-user environments cannot draw that line easily.
The DHS designated each entity under specific UFLPA sub-lists, which matters for rebuttal strategy. BGI Genomics and BGI Group both carry dual designations: Section 2(d)(2)(B)(ii) for facilitating forced labor recruitment in the Xinjiang Uyghur Autonomous Region (XUAR), and Section 2(d)(2)(B)(v) for sourcing genetic material from the XUAR. MGI Tech was designated solely under Section 2(d)(2)(B)(ii) for supplying genetic testing capacity to the Xinjiang government; engaging customs counsel early is essential, as the evidentiary standard differs by sub-list.
QA teams across clinical diagnostics, environmental monitoring, and pharmaceutical applications should assess not only primary instrument vendors but also sub-tier reagent and flow cell suppliers. CBP’s enforcement scope extends to upstream manufacturing inputs: A reagent kit incorporating a BGI-manufactured component can trigger detention even if assembled elsewhere. Labs can find accredited genomic testing labs to support compliant testing across these sectors.
UFLPA Compliance Steps for Labs Running BGI or MGI Platforms
Labs with BGI or MGI instruments already on-site need to audit two distinct exposure categories: The import prohibition on new goods (active now), and ongoing consumable supply chains that may pass through the listed entities. The UFLPA designation bars importation of new goods but does not prohibit use of instruments already in inventory. Specialty reagents, flow cells, and library preparation kits often carry multi-tier supply chains that are not transparent at the point of purchase.
Programs transitioning away from BGI or MGI platforms can source from accredited contract labs offering genomic and sequencing testing across clinical, pharmaceutical, and research applications. Labs evaluating alternatives can review how clinical genetic testing is structured and outsourced and compare whole genome sequencing platforms and their tradeoffs before selecting a compliant provider.
The UFLPA import prohibition on BGI and MGI goods is active now. Any shipment crossing the US border on or after October 29 is subject to the rebuttable presumption, making supply chain audits across all three entity names an immediate priority. The BIOSECURE Act adds a parallel compliance track for federally funded labs, with FAR revision due by June 2028 and prohibitions taking effect approximately 60 days after. Labs requiring sequencing partners can submit a free lab request to connect with accredited genomics and sequencing labs.
The original press release can be found here.
This article was created with the assistance of Generative AI and has undergone editorial review before publishing.