Limits on E-Waste Exports being considered by Congress

by Brittany Tofinchio Palmer

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The Secure E-Waste Export and Recycling Act (H.R.5579) was introduced in the House of Representatives on June 24, 2016. It aims to control the export of electronic waste to prevent such waste from becoming counterfeit goods and reentering the electronic supply chain market in the United States.

Electronic waste is defined as specific listed items containing electronic components, fragments, or subcomponents, including but not limited to: computers and related equipment; data center equipment; mobile computers; televisions; video devices; consumer electronics; and navigation devices. Exemptions include: electronic parts from motor vehicles; and electronics that have a low-risk of being counterfeit, electronics that have been tested, used and are working, and electronics that have been recalled.

The Bill provides a general prohibition on persons and entities exporting or reexporting electronic waste. Exporting or reexporting exempt electronic waste may occur only if the following requirements are met:

• Registration on a publicly available registry maintained by the Secretary of Commerce;
• Filing each transaction in an automated system with the following details:
  • Description of type and total quantity of exempted items;
  • Name of each country receiving the waste for reuse or recycling;
  • Name of ultimate consignee to receive the items for reclamation or reuse; and
  • Declaration that the consignee has the required permits resources etc. to manage the waste and prevent its release as counterfeit goods.
• Compliance with existing export laws and applicable international agreements; and
• Declarations containing specific information about the waste such as registration and description of contents.

The Bill provides a 1-year transition period after enactment before becoming effective. It is currently being reviewed by the House Committee on Foreign Affairs.