Secure E-Waste Export and Recycling Act
The Secure E-Waste Export and Recycling Act would tighten U.S. controls on exporting electronic waste to prevent discarded electronics from becoming sources of counterfeit goods that could appear in military or civilian supply chains. It creates a broad export ban on electronic waste and outlines a narrowly defined set of exemptions for “exempted electronic waste items” (e.g., tested, working used electronics, low-risk counterfeit electronics, and recalled electronics) that can be exported only under strict conditions. For exempted items, exporters must register, file detailed export information, and provide assurances about the end-use, end-user, and the receiving country’s capacity to manage the items safely and in compliance with laws. The act also sets up data and testing requirements, and requires documentation to accompany shipments. An exception exists for personal-use exports of up to 20 items. The Secretary of Commerce would implement these provisions by adjusting existing Export Administration Regulations, with penalties aligned to those already in the EARC/EAR regime.
Key Points
- 1Prohibits the export or reexport of electronic waste, with a restricted exemption path for certain exempted electronic waste items.
- 2Defines electronic waste broadly (including computers, data center gear, mobile devices, TVs, monitors, printers, consumer electronics, GPS devices, etc.) and sets out what constitutes exempted electronic waste items.
- 3Establishes stringent requirements to export exempted items: exporter registration, detailed electronic export information in AES, end-use/end-user documentation and permits, testing methodologies/results for tested items, and country-consent where required.
- 4Includes a personal-use export exception for 20 or fewer items, subject to recordkeeping.
- 5Effective date requires a 1-year delay from enactment and mandates Secretary of Commerce action to modify the Export Administration Regulations; penalties mirror existing penalties under the EAR.