lular phones and wireless Internet 
communication devices, audio equip-
ment, video cassette recorders, DVD 
players, video game systems (includ-
ing portable systems), video game 
controllers, signal converter boxes, 
and cable and satellite receivers; and 
(II) not including appliances that 
have electronic features. 
(viii) Portable global positioning sys-
tem navigation devices. 
(ix) Other used electronic items that 
the Secretary determines to be necessary 
to carry out this section. 
(B) EXEMPT ITEMS.—The term ‘‘electronic 
waste’’ does not include— 
(i) exempted electronic waste items; or 
(ii) electronic parts of a motor vehicle. 
(2) EXEMPTED ELECTRONIC WASTE ITEMS.— 
(A) IN
GENERAL.—The term ‘‘exempted 
electronic waste items’’ means the following: 
(i) Tested, working used electronics. 
(ii) Low-risk counterfeit electronics. 
(iii) Recalled electronics. 
(B) DEFINITIONS.—In this paragraph: 
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(i) TESTED, WORKING
USED
ELEC-
TRONICS.—The term ‘‘tested, working used 
electronics’’ means any used electronic 
items that— 
(I) are determined, through test-
ing methodologies established by the 
Secretary, to be fully functional for 
the purpose for which the items were 
designed, or, in the case of multi-
function devices, fully functional for 
at least one of the primary purposes 
for which the items were designed; 
(II) are exported with the intent 
to reuse the products as functional 
products; and 
(III) are appropriately packaged 
for shipment to prevent the items 
from losing functionality due to dam-
age during shipment. 
(ii) LOW-RISK
COUNTERFEIT
ELEC-
TRONICS.—The term ‘‘low-risk counterfeit 
electronics’’ means any electronic compo-
nents or items that— 
(I) have been subjected to de-
struction processes that render the 
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items unusable for their original pur-
pose; and 
(II) are exported as a feedstock, 
with no additional mechanical or hand 
separation required, in a reclamation 
process to render the electronic com-
ponents or items recycled consistent 
with the laws of the foreign country 
performing the reclamation process. 
(iii) The term ‘‘recalled electronics’’ 
means any electronic items that— 
(I) because of a defect in the de-
sign or manufacture of the items— 
(aa) are subject to a recall 
notice issued by the Consumer 
Product Safety Commission or 
other pertinent Federal authority 
and have been received by the 
manufacturer or its agent and re-
paired by the manufacturer or its 
agent to cure the defect; or 
(bb) have been recalled by 
the manufacturer as a condition 
of the validity of the warranty on 
the items and have been repaired 
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by the manufacturer or its agent 
to cure the defect; and 
(II) are exported by the manufac-
turer of the items. 
(iv) The term ‘‘feedstock’’ means any 
raw material constituting the principal 
input for an industrial process. 
(3) COUNTERFEIT GOOD.—The term ‘‘counter-
feit good’’ means any good on which, or in connec-
tion with which, a counterfeit mark is used. 
(4) COUNTERFEIT MILITARY GOOD.—The term 
‘‘counterfeit military good’’ means a good that uses 
a counterfeit mark on or in connection with such 
good and that— 
(A) is falsely identified or labeled as meet-
ing military specifications; or 
(B) is intended for use in a military or na-
tional security application. 
(5) COUNTERFEIT MARK.—The term ‘‘counter-
feit mark’’ has the meaning given that term in sec-
tion 2320 of title 18, United States Code. 
(6) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means the regulations set forth in subchapter C of 
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chapter VII of title 15, Code of Federal Regulations, 
or successor regulations. 
(7) EXPORT; REEXPORT.—The terms ‘‘export’’ 
and ‘‘reexport’’ mean ‘‘export’’ and ‘‘reexport’’ with-
in the meaning of the Export Administration Act of 
1979 (50 U.S.C. App. 2401 et seq.), as in effect 
pursuant to the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.). 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(9) USED.—A product is ‘‘used’’ if it has been 
operated or employed. 
(b) PROHIBITION.—Except as provided in subsections 
(c) and (d), no person or entity may export or reexport 
electronic waste or exempted electronic waste items. 
(c) EXPORT PROHIBITION EXEMPTIONS.—A person 
or entity may export or reexport exempted electronic waste 
items, but only if the following requirements are met: 
(1) REGISTRATION.—The person or entity is 
listed on a publicly available registry maintained by 
the Secretary. 
(2) FILING
OF
EXPORT
INFORMATION.—For 
each export transaction, the person or entity files in 
the Automated Export System, in accordance with 
part 758 of the Export Administration Regulations, 
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Electronic Export Information that contains at least 
the following information: 
(A) A description of the type and total 
quantity of exempted electronic waste items ex-
ported. 
(B) The name of each country that re-
ceived the exempted electronic waste items for 
reuse or recycling. 
(C)(i) The name of the ultimate consignee 
to which the exempted electronic waste items 
were received for reclamation, recall, or reuse; 
and 
(ii) documentation and a declaration that 
such consignee has the necessary permits, re-
sources, and competence to manage the exempt-
ed electronic waste items as reusable products 
or recyclable feedstock and prevent its release 
as a counterfeit good or counterfeit military 
good. 
(3) COMPLIANCE
WITH
EXISTING
EXPORT 
LAWS.—The export or reexport of exempted elec-
tronic waste items otherwise comply with applicable 
international agreements to which the United States 
is a party and with other trade laws of the United 
States. 
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(4) EXPORT
DECLARATIONS
AND
REQUIRE-
MENTS.—The exempted electronic waste items are 
accompanied by— 
(A) documentation of the registration of 
the exporter required under paragraph (1); 
(B) a declaration signed by an officer or 
designated representative of the exporter assert-
ing that the exempted electronic waste items 
meet the applicable requirements for exempted 
electronic waste items under this section; 
(C) a description of the contents and con-
dition of the exempted electronic waste items in 
the shipment; 
(D) for tested, working electronic equip-
ment, a description of the testing methodologies 
and test results for each item; 
(E) the name of the ultimate consignee 
and declaration of the consignee’s applicable 
permits, resources, and competence to process 
or use the equipment as intended; and 
(F) with respect to low-risk counterfeit 
electronics only and when required by the im-
porting country, the written consent of the com-
petent authority of the receiving country to 
allow the products in such country. 
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(d) OTHER EXCEPTIONS.—The Secretary may pro-
vide for such exceptions to the requirements of this section 
for— 
(1) exports or reexports of 5 items or fewer per 
transaction of electronic components, or items con-
taining electronic components, that are intended for 
personal use, and 
(2) exports or reexports of electronic compo-
nents, or items containing electronic components, 
that are made to a person or entity under the own-
ership or control of the person or entity exporting or 
reexporting the components or items, 
subject to such recordkeeping requirements as the Sec-
retary may impose, but only if the components or items 
are exported or reexported (as the case may be) with the 
intent that they be used for the purpose for which the 
components or items (as the case may be) were used in 
the United States. 
(e) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
this section shall take effect upon the expiration of 
the 1-year period beginning on the date of the enact-
ment of this Act. 
(2) MODIFICATION
OF
EAR.—The Secretary 
shall, not later than the effective date under para-
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graph (1), ensure that the Export Administration 
Regulations are modified to carry out this section. 
(f) PENALTIES FOR VIOLATIONS.—Any person who 
violates this section or the regulations issued under sub-
section (e)(2) shall be subject to the same penalties as 
those that apply to any person violating any other provi-
sion of the Export Administration Regulations. 
Æ 
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