Malaysia completely bans e-waste imports effective today

The importation of electronic waste (e-waste) will be classified under the Absolute Prohibition category of the Customs (Prohibition of Imports) Order 2023 from today, banning all such imports.

The decision was reached at the second meeting of the special task force on the Direction of Enforcement Management for the Importation of Plastic Waste and E-Waste, as part of efforts to tighten controls on the entry of hazardous waste and protect the environment.

In a statement today, MACC chief commissioner Azam Baki, who chaired the meeting, said the move would require firm and coordinated enforcement action by all relevant agencies.

“E-waste will no longer be permitted, and strict enforcement involving all agencies is required.

“As such, the Environment Department (DOE) has been directed to submit an application to the Royal Malaysian Customs Department to place e-waste under the Absolute Prohibition category in the Customs Order,” he said during the meeting, which was led by the MACC’s governance investigation division at the commission’s headquarters.

Previously, e-waste was listed under the Conditional Prohibition Unless in the Manner Prescribed category in the Third Schedule, Part 1 of the Customs (Prohibition of Imports) Order 2023.

This allowed the DOE director-general discretionary powers to grant exemptions for the importation of prohibited waste, subject to certain conditions. This discretion is also provided for under Section 34B of the Environmental Quality Act 1974.

Special committee

The meeting also agreed to strengthen coordination and enforcement related to e-waste through the establishment of a special committee, to be chaired by Border Control and Protection Agency (BCPA) commander Ezanee Faisal, in the near future.

The committee’s findings must also be reported to the special task force within one week, to ensure a more systematic and effective management of e-waste.

In addition, the meeting discussed a proposal to impose a three-month moratorium on plastic waste imports, in line with discussions and directives involving the prime minister and the chief secretary to the government.

However, the statement said that before any decision is finalised, the Investment, Trade and Industry, the National Solid Waste Management Department, and the Solid Waste Management and Public Cleansing Corporation (SWCorp) must submit detailed data to be presented to Prime Minister Anwar Ibrahim.

The data will then assess the sector’s contribution to the economy and national revenue, as well as industry needs, to determine the suitability of implementing the moratorium.

In October 2022, Malaysiakini reported that some 1,000 containers with e-waste enter the country every month and end up in the hands of illegal recyclers hunting for precious metals, including gold, copper, and aluminium.

Industry players told Malaysiakini that these illegal recycling operations hurt the environment and do not contribute to the country's coffers.

Malaysia not a dumping ground

On Feb 1, former energy, science, technology, environment and climate change minister Yeo Bee Yin issued a strongly worded statement condemning those who enable the importation of foreign e-waste into Malaysia, describing them as traitors to the nation.

During her time in the cabinet, Yeo championed green policies and imposed a ban on plastic waste imports. She also launched a series of high-profile crackdowns on illegal waste imports and processing.

Yeo described the practice of shipping unwanted waste into the country as unacceptable and urged developed nations to take responsibility for managing their own waste.

"I fully support MACC's actions in identifying whoever is involved in the shameful action of enabling the smuggling and processing of foreign e-waste. I said in 2019, when we declared war against foreign plastic waste, Malaysians who are involved in the crime were traitors to the sustainability of Malaysia.

'I’ll repeat it now for e-waste: Malaysians, whether businesspersons or officials, who worked with an international syndicate and foreigners to smuggle e-waste into the country and allowed it to be processed here, are traitors to Malaysia’s rich biodiversity that we love and cherish," Yeo said.

She also called on the Natural Resources and Environmental Sustainability Ministry to appoint an acting director-general, and to form a task force to "double down" enforcement on the processing of illegal e-waste in factories nationwide.

"DOE could take action against around 100 illegal plastic recycling factories in just one year in 2019. We can also do the same for e-waste factories involved in 2026.

The DOE enforcement division was once one of the eight winners of the UN Environmental Enforcement Awards for its actions against foreign plastic waste. I believe it has the ability and capacity to drive the war against e-waste pollution once we put the right officers and system in place," Yeo added.

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