New Provisions for the Importation of Non-Hazardous and Toxic Waste Substances

The Minister of Trade (“Minister”) has issued Regulation No. 31/M-DAG/PER/5/2016 on Import Provisions for Non-Hazardous and Toxic Waste Substances (“2016 Regulation”).The 2016 Regulation has been issued with the aim of boosting Indonesia’s trade-sector competitiveness. This is to be achieved by simplifying and redefining the various procedures and requirements which relate to the importation of non-hazardous and toxic (bahan berbahaya dan beracun– “B3”) waste substances. [1] Prior to the 2016 Regulation, such import activity was regulated under Ministry Regulation No. 39/M-DAG/PER/9/2009 (“2009 Regulation”).The 2016 Regulation is of relevance to all businesses which are intending to import non-B3 waste materials.Non-B3 Waste Importation: RequirementsBusinesses may now import non-B3 waste into Indonesia, provided that such waste will be used as raw and/or supporting materials for industrial activities and will not be transferred to and/or traded with any other party or parties. [2] The various types of importable non-B3 waste stipulated under the Regulation are, however, limited to the residues, parings, and scraps which are specified under the Appendix to the 2016 Regulation. The Appendix essentially divides the waste in question into two groups: 1) Group A, for waste deriving from any of the following materials: paper, precious metals, iron, titanium, etc.; and 2) Group B, for waste deriving from any of the following materials: plastic, rubber, silk, wool, glass, etc.. Additionally, any non-B3 waste must also satisfy the following criteria: [3]