Secure E-Waste Export and Recycling Act

Secure E-Waste Export and Recycling Act

This bill prohibits any person from exporting or reexporting electronic waste (specified items containing electronic components or fragments, including computers, televisions, video display devices, and consumer electronics) or exempted electronic waste items (tested, working used electronics, low-risk counterfeit electronics, or recalled electronics), except as specified.

"Low-risk counterfeit electronics" means electronic components or items that: (1) have been subjected to destruction processes that render the items unusable for their original purpose; and (2) are exported as a feedstock, with no additional mechanical or hand separation required, in a reclamation process to render the components or items recycled consistent with the laws of the foreign country performing such process.

A person may export or reexport exempted electronic waste items only if:

• the person is listed on a publicly available registry maintained by the Department of Commerce;
• for each export transaction, the person files specified electronic export information in the Automated Export System;
• the export or reexport of exempted electronic waste items otherwise complies with applicable international agreements and other U.S. trade laws; and
• the exempted items are accompanied by certain required documentation.

Commerce may provide exceptions to the requirements of this bill under specified circumstances for exports or reexports of five items or fewer per transaction of electronic components intended for personal use, and of electronic components to a person or entity under the ownership or control of the person exporting or reexporting the components, with the intent that they be used for the purpose for which they were used in the United States.

Any violator of this bill or regulations issued under it shall be subject to the same penalties as those applicable to violators of any other provision of the Export Administration Regulations.