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E-waste Recycling June 28, 2016 12:30:22 PM

The US Congress introduces bill to control e-waste exports to China

Paul Ploumis
ScrapMonster Author
The ‘Secure E-waste Export and Recycling Act’ (SEERA) was sponsored by Congressman Gene Green and Paul Cook.

The US Congress introduces bill to control e-waste exports to China

SEATTLE (Scrap Monster): A bill to control e-waste exports to China was introduced in the US Congress. The ‘Secure E-waste Export and Recycling Act’ (SEERA) was sponsored by Congressman Gene Green and Paul Cook. The bill is aimed to ensure that electronic waste does not become the source of counterfeit goods that often re-enters the civilian and military electronics supply chains in the US.

Earlier in March 2011, the Senate Armed Services Committee had initiated an investigation into counterfeit electronic parts in the Department of Defense (DOD) supply chain. The investigation had uncovered overwhelming evidence of large numbers of counterfeit parts making their way into critical defense systems. Nearly 1,800 cases of entry of suspected counterfeit parts back through the supply chain were identified by the Committee.

The counterfeiters often strip microchips from e-waste, most often from the e-waste shipped out of the US. It is found that China regularly counterfeits electronics and put these dangerous products back into the market. The counterfeit components are found in products such as airbags in cars and even in military hardware. The use of counterfeit chips could lead to malfunctioning of critical equipment such as fighter jets, missile guidance system, submarines etc. The counterfeit components often threaten the reliability and safety of a wide range of equipment.

The proposed bill amends existing Export Administration Regulations by designating non-working or non-tested used electronic items as “Electronic Waste”, which cannot be exported outside of the US unless certain specific conditions are met. The bill proposes to keep these items in the US, thereby keeping them out of the hands of counterfeiters and data thieves. At the same time, export of tested working equipment will continue to grow rapidly, thereby creating tens of thousands of good-paying jobs in the US.

The electronic items that are allowed to be exported are classified under the ‘Exempted Electronic Waste Item’, which includes Tested, working used electronics exported with the intent for reuse and packaged to preserve their function, low-risk destroyed counterfeit electronics which are exported as a direct feedstock to a recycling facility and recalled electronics sold in the U.S. that are exported by the manufacturer of the product in order to cure the defect. The items which are not controlled for export also include new electronic items sold for use in commerce, electronics exported for personal use, electronics exported by an entity in the U.S. to another foreign location under the same ownership.

A person or entity who wishes to export Exempted Electronic Waste Items must be registered with the Secretary of Commerce and listed on a publicly available registry. The registration will help watchdog organizations to better track the export of potential counterfeit products and minimize the chances of exporters hiding such transactions. The bill also proposes various reporting and declaration requirements to ensure better traceability of electronic products. In addition, the Customs and Border Protection inspectors will have the authority to stop the shipment and hold the shipper responsible for any such act of violation.

The requirements mentioned in the bill will take effect one year after the passage of the bill. Violators of the law will be strictly charged with criminal and civilian penalties including fines and imprisonment, as per provisions under of the Export Administration Act.

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