Malaysia’s Stand on Illegal Importation of E-waste:

A Review
Rushanim Hashim Fadhilah Mohd Zahari Jafni Azhan Ibrahim
School of Technology Management & School of Technology Management & School of Technology Management &
Logistics Logistics Logistics
Universiti Utara Malaysia Universiti Utara Malaysia Universiti Utara Malaysia
Kedah, Malaysia Kedah, Malaysia Kedah, Malaysia
[email protected] [email protected] [email protected]

Nurul Azita Salleh

School of Technology Management &
Logistics
Universiti Utara Malaysia
Kedah, Malaysia
[email protected]

Abstract— Electronic waste, also known as e-waste, is a electronic equipment, while proper disposal without harming
growing environmental issue around the world. E-waste should the environment hasn't been found yet [1].
be disposed of properly to protect both the environment and
human health since it contains hazardous compounds and heavy WEEE, or waste electrical and electronic equipment, also
metals. Nowadays, it is a globally concerned that developed referred to as e-waste, is rising rapidly as a prevalent global
2024 1st International Conference on Logistics (ICL) | 979-8-3315-1884-4/24/$31.00 ©2024 IEEE | DOI: 10.1109/ICL62932.2024.10788601

countries are routinely transporting their e-waste to less environmental problem. [2]. This quick increase is related to
developed countries for reprocessing and disposal, hence the amount of e-waste, given the rapid acceptance of new
violating international legislation. A prominent international technologies and the affordability of electrical and electronic
platform called Basel Convention strictly prohibits illegal e-
items. This trend is expected to continue for some time. Due
waste import or export. Malaysia, one of the Basel Convention's
signatory parties, has adopted its basic obligations and
to the dangerous materials in the waste, which pose a risk to
principles. The aim of this paper is to investigate the extent of the environment and people's health, the undesired waste
Malaysia's compliance with the Basel Convention for combating generated by discarded electronics is a growing concern.
the illegal importation of e-waste into the country. This paper Some toxic compounds, including lead, nickel, cadmium,
gives a summary of the present e-waste importation scenario mercury, lithium, copper, and many others, may be harmful to
that Malaysian authorities are dealing with as well as related the environment. As a result of its highly hazardous nature,
guidelines and legislation. There are also recommendations for improper treatment of e-waste can affect both the environment
how the Malaysian government might better manage the illegal and human health [3].
shipment of e-waste. Meanwhile, the review output should be
useful in bringing the less-noticed e-waste issues to the public's Nowadays, the practice of developed countries shipping
attention. their e-waste to emerging or less developed countries is
causing concern on a worldwide scale. One of the causes is
Keywords—e-waste, illegal importation, Basel Convention, the expensive recycling procedure and the absence of an
environment, Malaysia
appropriate management system. E-waste is therefore either
dumped in the ground or shipped to less developed or
developing nations, where it may be treated improperly and
I. INTRODUCTION not in a manner that protects the environment [4]. It has been
proved that e-waste is illegally sent to developing countries in
Electronic waste is now considered to be the waste stream between 60 and 90 percent of cases, for a total value of about
that is expanding the quickest globally. This is due to the fact 19 billion US dollars. [5]. Basel Action Network (BAN)
that individuals in the 2000s extensively relied on electronic estimates that every year, EU nations export over 352,474
devices to make daily living easier. Meanwhile, as a result of metric tonnes (Mt) of electronic trash to developing or less
the demand for electronic equipment, the electronics developed countries [6], including Asian countries and one of
manufacturing sector has experienced the quickest growth them is Malaysia.
among all other sectors. Electronic waste has accumulated
more rapidly as a result of the global expansion of electronic By focusing on Malaysia, one of the Basel Convention
appliances. Due to growth in the electronics industry, the parties, that has its stand on prohibiting the illegal importation
environment has been harmed by increasing volumes of e- of e-waste, this paper seeks to examine the extent of
waste disposed of in landfills as well as increasing demand Malaysia's adherence to the Basel Convention on the Control
from primary resources for precious and recyclable metals. It of Transboundary Movements of Hazardous Wastes and their
could be claimed that, in general, almost all equipment is Disposal (the Basel Convention), specifically with regard to
created to make human life easier, but regrettably, people are e-waste management. The review of this study hopefully
only thinking about creating the newest, most advanced would be helpful in educating the public about the less-noticed
e-waste issues that the Malaysian government is currently
This research has been funded by the Fundamental Research Grant Scheme
(FRGS) of the Malaysian Ministry of Higher Education.

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dealing with. Additionally, the government of Malaysia will III. RISE OF E-WASTE AND RELATED RISKS
also benefit from the insightful knowledge on how to enhance The health of people and the environment, including
and plan better management of unauthorized e-waste water, soil, and electricity, will be significantly in danger
importation into the country. unless this e-waste is properly disposed of (Deng, 2019).
Numerous hazardous compounds found in electronic
equipment, including mobile phones, batteries and computers,
II. MANAGEMENT OF E-WASTE IN MALAYSIA can be harmful to human health, especially to young children's
nervous and respiratory systems [11]. The ecology would
E-waste is a global issue that is getting more and more
suffer significantly from a waste imbalance if these wastes
attention. It is recognized as the fastest-growing waste source
were not appropriately handled and instead dumped directly
in the world [7]. With technological advancements, industries
into landfills.
have evolved toward increased automation and improved the
use of electrical and electronic equipment. In the meantime, The use of lead for soldering on the circuit boards found
electrical and electronic equipment are now widely used in the in virtually every electronic equipment causes lead poisoning,
daily lives of general consumers. Approximately at the same which is one of the biggest drawbacks of e-waste.
time, the introduction of contemporary, simpler, and more Additionally, it is harmful to both children and adults and may
effective advancements in manufacturing and software has led result in anything from tremors, high blood pressure,
the product life cycle to be shorter, causing consumers to miscarriage, psychological illnesses, heart disease, and
purchase new and more recent technical items while behaviour difficulties relating to attention [12]. In addition,
discarding older products. [8]. As a result of all these chip resistors and semiconductors contain cadmium, which
developments, e-waste output has increased at a never-before- may have damaging consequences on human health. It
seen rate. According to the UN's Global E-waste Monitor damages brain tissue and builds up in the kidney and liver.
2020, the world created a record 53.6 million Mt of electronic Meanwhile, the mercury present in switches, relays and
waste in 2019, an increase of 21% in just five years. The report printed circuit boards may result in brain damage as well as
projects that by 2030, there will be 74 Mt of abandoned respiratory and skin problems. Additionally, asthmatic
electrical items with plugs and batteries, worldwide [9]. bronchitis and DNA damage could result from the hexavalent
chromium present in steel housing decorators, hardeners, and
Households, businesses, organizations, and other
corrosion protection for uncoated galvanized steel plates [13].
industrial sectors make up the categories of e-waste resources.
Despite the fact that households and businesses generate E-waste could be harmful to the environment, damaging
electrical and electronic waste from consumers, industrial e- natural resources as well as aquatic and marine life. E-waste
waste consists of electrical and electronic assembly. In a is "scheduled waste," a form of waste that is challenging to
chemical and physical environment, e-waste is distinct from dispose of without special technology.
municipal or agricultural wastes. It comprises both hazardous
and valuable materials that require specific handling and
recycling procedures to avoid having an adverse influence on IV. LEGAL FRAMEWORK FOR THE CONTROL OF
the environment and harming people's health. When TRANSBOUNDARY MOVEMENT INTO MALAYSIA
compared to the typical management of solid waste, the
disposal of e-waste demands a complicated and unique E-waste has been subject to regulation in Malaysia since
management system. In Malaysia, the Department of the 2005. E-waste has been designated as a scheduled waste under
Atmosphere's Environmental Standards Act of 1974 must be the Environmental Quality (Scheduled Wastes) Regulations
followed when disposing of electronic waste. The of 2005. To allow Malaysia to regulate the transboundary
Environment Department classifies electronic waste as transportation of e-waste, the 2005 law has replaced the 1989
planned waste with the classification SW 110 [10]. E-waste regulation. In Malaysia, it is generally required to dispose of
cannot be disposed of alongside any other kind of solid waste. electronic waste in accordance with the Environmental
It thus becomes a concern as to how well people comprehend Standards Act of 1974 of the Department of the Atmosphere.
and are aware of the proper management and treatment of e- A. Basel Convention
waste. Apart from that, illegal e-waste imports into the country
is now a major national concern. In addition, the fundamental values and obligations
outlined in the Basel Convention's provisions have been
E-waste is categorized as a scheduled waste under the adopted by Malaysia, as one of the 186 countries that have
Environmental Quality (Scheduled Wastes) Regulations of ratified the Basel Convention. Following that, on January 6,
2005. According to these regulations, electronic waste must 1994, these rules went into effect in Malaysia [14].
be recovered and recycled at authorized facilities; it is not
permitted to dispose of any electronic waste in landfills, and it It is the most well-known platform in the world to deal
can only be disposed of at designated facilities in an with hazardous wastes including e-waste. It became law in
environmentally responsible manner. To turn various types of 1992 to preserve hazardous waste in countries that produce it
e-waste into source materials, 18 fully operational recovery or have facilities for processing it safely. According to the
plants and 128 partially operational recovery facilities have Basel Convention, which is stated in Article 4, paragraphs 1(a)
received licenses from Malaysia's Department of and 1(b) on the Control of Transboundary Movements of
Environment (DOE). For the separation, disassembly, and Hazardous Wastes and their Disposals, the export or import of
treatment of e-waste, a variety of currently available e-waste is categorically forbidden [15]:
technologies have been used.

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 x (a) Parties (indicate the country) who use their found to have violated Section 34B of the Environmental
authority to prohibit the importation of hazardous Quality Act of 1974 by bringing scheduled garbage, including
waste or other trash for disposal are required under e-waste, into Malaysia without the DOE director-prior
Article 13 to notify the other Parties of their decision general's informed consent would face a fine of up to
(Transmission of Information); RM500,000 and a maximum five-year prison sentence.
x (b) As soon as they are notified under subparagraph (a) In addition, the basic principles of the Basel Convention
above, Parties must forbid or not permit the export of have stated that all waste, including e-waste, must be treated
hazardous waste and other wastes to Parties whose or disposed of where they originated or in the country of
import of such waste has been prohibited. origin, unless particular circumstances apply, like a lack of
waste treatment facilities or having received DOE consent
Waste that falls under one of the categories in Annex I beforehand. To be specific, before any transboundary
(Categories of Wastes to be Controlled) is what the Basel movement activity is carried out, the exporting country must
Convention on the Control of Transboundary Movements of notify the importing country and acquire that country's prior
Hazardous Wastes and the Prevention of their Disposal refers written consent.
to as hazardous waste unless they do not have any of the traits
mentioned in Annex III (List of Hazardous Characteristics). Malaysia, to some extent, has shown its firmness in
This definition is found in Article 1(a) of the Basel dealing with this kind of illegal activity which will affect the
Convention. Under Article 1's paragraph 1(a), wastes on the citizen, the nation as well as the environment. This also would
list of Annex VIII are similarly considered dangerous [15]. prevent irresponsible local parties from further processing the
e-waste in a non-environmentally friendly manner.
B. Guidelines for the Classification of Used Electrical and
Electronic Equipment However, it is undeniable that some containers were
smuggled into the country as claimed by individuals who are
The DOE published the Malaysian Guidelines for the
acquainted with the e-waste industry. Most of the time, "the
Classification of Used Electrical and Electronic Equipment in
importers," who are actually syndicates, disguise their cargo
2010. This guideline states that it is prohibited to import
as "scrap metal" or other names classified as acceptable items
hazardous waste, including e-waste, into Malaysia. In
by customs [17]. Those cases left with no record which might
addition, it is definitely forbidden to import e-waste for
have involved a collision, something needs to be dug out by
disposal or recovery. Malaysia does, however, allow the
the authorities. This clearly violates DOE policy because
import of used electrical and electronic equipment for
bringing in e-waste for processing or disposal is not permitted
immediate use, provided that the equipment's age is within
in the country.
three years of the date of manufacturing.
The government of Malaysia also has a policy against
allowing e-wastes to be shipped outside of the country because VI. SUSTAINABLE E-WASTE MANAGEMENT: WAY FORWARD
recovery facilities have already been put in place in Malaysia
to handle and recycle usable components from e-waste. The Unfortunately, research estimates that in 2025, Malaysia
export of electronic waste to other countries for recycling will alone would produce 24.5 million units of electronic waste.
only be permitted by Malaysia if the local recycling facilities Therefore, there is no way to add to the burden of receiving
lack the ability and capacity to carry out such activities. more e-waste from other countries. As a result of the regular
However, a very strict procedure must be followed by the e- transport of e-waste from developed countries to
waste generator to get approval from the DOE to allow the e- underdeveloped ones, which frequently violates international
wastes to be exported. Furthermore, it is not permitted to legislation, the Malaysian government is constantly vigilant
export e-waste for final disposal, and a case-by-case analysis against those activities. This is done to keep Malaysia from
will determine whether such exportation is worth considering. becoming a major processing and disposal hub for electronic
waste.
Basically, the environment's quality is worsened by e-
V. ATTEMPTS TO ENTER MALAYSIA waste, which is detrimental to human health. In addition to
always adhering to the Basel Convention on the regulation of
E-waste supports a thriving business in developed
transboundary movements of e-waste entering the country,
countries. Even though they have cutting-edge resources,
more effort should be put into breaking the illegal importation
infrastructure, and technology to deal with e-waste, a large
of e-waste by illegitimate syndicates. In the meantime, better
portion of it is shipped to developing countries like Malaysia
strategies need to be set by Malaysian authorities in managing
instead of being recycled. Local newspapers have reported a
illegal shipment of e-waste into the country. For instance,
worrying number of attempts of e-waste containers entering
cooperation between Malaysian authorities and relevant
the country. Since 2018, 75 containers carrying e-waste have
agencies, like the port authority and customs need to be
been found entering the country, according to the Department
enhanced. In addition, there is a need to improve global
of Environment (DOE) [16]. They were brought in for illegal
networking through organizations like Interpol, Europol, and
process and disposal. Electronic screens with damage, circuit
Competent Authority (CA) so that illegal attempts to bring in
boards that had been disassembled, fuse boxes, and other
e-waste from other countries could be traced, controlled and
electronic parts were among the debris discovered in those
prevented. At the same time, the government must regularly
containers. These are useless and have been dumped for a long
review its policies, procedures, and rules on managing local e-
time by consumers in developed countries. It has resulted in a
waste as well as handling illegal importation of e-waste into
majority of them have been detained for further investigation
the country.
and later they were returned to their own countries. Some of
the overseas’ companies involved were fined for violating
related regulations, whereby it has been stated that anyone

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 ACKNOWLEDGMENT [8] W.-J. Deng, “E-waste management: Challenges and
opportunities”, Education for Sustainability Environmental
We would want to express our appreciation to the Ministry Sustainability and Education for Waste Management, pp 15–26, 2019.
of Higher Education Malaysia for providing the funding for [9] V. Forti, C. P. Baldé, R. Kuehr, and G. Bel, “The global e-waste
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(FRGS/1/2020/SS01/UUM/02/22). Additionally, we would United Nations University (UNU)/United Nations Institute for
Training and Research (UNITAR) – co-hosted SCYCLE Programme,
want to express our thankfulness to Universiti Utara Malaysia International Telecommunication Union (ITU) & International Solid
for the assistance we received, as well as to everyone who Waste Association (ISWA), Bonn/Geneva/Rotterdam, 2020.
helped this study be completed. [10] N. A. Waleed Al-Rahm, “Strategies to manage electronic waste
approaches: An overview in Malaysia”, International Journal of
Engineering & Technology, pp 3277-3278, 2018.
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