Last Updated:	2007-11-01
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Introduction

International and national legal controls on the transboundary movement of hazardous waste have increased dramatically in recent years. Many international accords define “hazardous waste” more broadly than United States law. While binding, these agreements are subject to varying interpretation by governments. Certain international accords and individual governments classify waste electrical and electronic equipment and components as hazardous waste subject to stringent import and export controls and trade prohibitions. These regimes can affect company product stewardship initiatives and limit waste management and recycling options.

An understanding of the legal controls on a particular transboundary shipment of hazardous and other wastes often requires an understanding of one or more of the following international regimes, which are addressed in more detail below:

1. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
2. OECD Council Decisions Governing the Transboundary Movement of Wastes Destined for Recovery; and
3. European Community regulations.

There may also be applicable bilateral agreements that govern waste shipments between countries. The United States is party to the following agreements, which are included in the “key documents” section below:

• Canada-United States Bilateral Agreement (1986);
• Mexico-United States Bilateral Agreement (1986);
• Malaysia-United States Import-Only Bilateral Agreement (1995) (providing for the import of wastes from Malaysia to the U.S.) ;
• The Costa Rica-United States Import-Only Bilateral Agreement (1997) (providing for the import of wastes from Costa Rica to the U.S.; and
• The Philippines- United States Import-Only Bilateral Agreement (2001) (providing for the import of wastes from Philippines to the U.S.)