Findings or Withhold Release Orders

Findings or Withhold Release Orders (often shortened to WROs) are indicators that goods may have been mined, manufactured, or produced using forced labour or human trafficking. In Canadian federal contracting, the phrase refers to formal findings or Withhold Release Orders issued by U.S. Customs and Border Protection (CBP) under the U.S. Trade Facilitation and Trade Enforcement Act of 2015.

The phrase appears in a Canadian federal contract clause on forced labour and human trafficking in the supply chain. It is a due diligence term, not a military or NATO term. Suppliers meet it in the general terms and conditions that attach to a contract, so it is worth understanding before you sign.

Where the wording appears in Canadian federal contracts

The exact plural form "Findings or Withhold Release Orders" appears in the general terms and conditions for medium and high complexity goods and services contracts published by Immigration, Refugees and Citizenship Canada. The version located is dated 2024-01-10. You can read the clause in the IRCC general terms and conditions.

The clause deals with forced labour and human trafficking in the contract supply chain. It does not define "WRO" as a standalone glossary entry. It names the issuing body and the U.S. statute, and it uses the orders as one form of evidence.

The U.S. authority behind the orders

The clause identifies U.S. Customs and Border Protection as the issuer of the findings or Withhold Release Orders. It cites the U.S. Trade Facilitation and Trade Enforcement Act of 2015 as the legal basis for them. These are U.S. trade-enforcement measures, and the Canadian clause borrows them as a reference point for its own supply chain test.

How the clause links to termination for default

Under the clause, Canada may terminate the contract for default if it has reasonable grounds to believe that the work was mined, manufactured, or produced wholly or partly using forced labour, or that the work was linked to human trafficking.

The clause names two kinds of evidence that can support that belief:

• Findings or Withhold Release Orders issued by U.S. CBP.
• Credible evidence from a reliable source, including non-governmental organizations.

A CBP order is therefore not the only route to a determination. Credible evidence from a reliable source, including an NGO, can also support it.

Not the same as NATO's use of "withheld"

NATO also uses the word "withheld", but in a different sense. Its archival disclosure policy applies the term to NATO information that is not approved for public disclosure because of NATO exemptions or specific national concerns. The NATO archives page and the directive on public disclosure of information describe that usage. It concerns access to NATO records and has no connection to customs Withhold Release Orders.

What it means for a supplier bidding on Canadian public contracts

If you bid on a contract that carries this clause, a CBP finding or Withhold Release Order tied to your goods or inputs can be used as evidence that the work involved forced labour or human trafficking. That evidence can support a termination for default. So can credible NGO reporting.

Bid teams should read the forced labour clause in the contract terms and confirm where their goods and materials come from. Check any CBP findings or orders that touch your suppliers before you submit, and keep supply chain records that show where the work was produced.