ENFORCEMENT DECREE OF THE ACT ON THE TRANSBOUNDARY MOVEMENT OF HAZARDOUS WASTES AND THEIR DISPOSAL
Presidential Decree No. 14272, May 28, 1994
Amended by Presidential Decree No. 14450, Dec. 23, 1994
Presidential Decree No. 15585, Dec. 31, 1997
Presidential Decree No. 15734, Feb. 28, 1998
Presidential Decree No. 15965, Dec. 31, 1998
Presidential Decree No. 16406, jun. 21, 1999
Presidential Decree No. 17048, Dec. 29, 2000
Presidential Decree No. 17307, Jul. 16, 2001
Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 17824, Dec. 30, 2002
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 20387, Nov. 15, 2007
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 21215, Dec. 31, 2008
Presidential Decree No. 21959, Dec. 31, 2009
Presidential Decree No. 22151, May 4, 2010
Presidential Decree No. 22385, Sep. 17, 2010
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25126, Jan. 28, 2014
Presidential Decree No. 27351, Jul. 19, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27971, Mar. 29, 2017
Presidential Decree No. 28366, Oct. 17, 2017
CHAPTER I GENERAL PROVISIONS
| Article 2 (Types of Wastes) |
| 1. | Wastes described in the Annex I or VIII of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (hereinafter referred to as the "Convention"), which have hazardous characteristics as prescribed in the Annex III; |
| 1-2. | Wastes described in the Annex II of the Convention; |
| 2. | Wastes on which the Republic of Korea reports to, or is reported from the Secretariat of the Convention under Articles 3 (1) through (3) and 11 of the Convention. |
| (2) | The waste items under the subparagraphs of paragraph (1) shall be publicly announced by the Minister of Environment after consultation with the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 24451, Mar. 23, 2013> |
| (3) | "Substances prescribed by Presidential Decree" in subparagraph 1 (b) of Article 2 of the Act means substances prescribed and announced by the Minister of Environment, which are industrial wastes referred to in subparagraph 3 of Article 2 of the Wastes Control Act. <Newly Inserted by Presidential Decree No. 28366, Oct. 17, 2017> |
CHAPTER II CONTROL AND MANAGEMENT OF EXPORTS, IMPORTS, ETC. OF WASTES
| Article 3 (Permission to Export Wastes Subject to Import and Export Restrictions) |
| (1) | A person who intends to obtain permission to export wastes subject to import and export restrictions pursuant to the former part of Article 6 (1) of the Act shall submit an application for permission to export wastes subject to import and export restrictions in accordance with Form 1 to the Minister of Environment along with one copy each of the following documents: <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 21959, Dec. 31, 2009; Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | A copy of an export contract or purchase order stating that the relevant wastes subject to import and export restrictions are managed in an environmentally sound manner and the export price is indicated based on the free on board (F.O.B.); |
| 2. | The domestic transportation contract specifying the routes and means of transportation, and the name of the carrier of exported wastes subject to import and export restrictions; |
| 3. | In cases of wastes announced by the Minister of Environment pursuant to Article 2 (2), the test report on exported wastes subject to import and export restrictions that is issued by an agency designated and announced by the Minister of Environment; |
| 4. | Deleted; <by Presidential Decree No. 21959, Dec. 31, 2009> |
| 5. | In cases of the export provided for in Article 6 (5) of the Act (hereinafter referred to as "package export"), the package export plan, in which the volume of export is recorded by the customs office at the place of clearance of the exported wastes subject to import and export restrictions, by the expected date of export or by the expected month of export; |
| 6. | The payment receipt of fees for permission to export wastes subject to import and export restrictions under Article 20 (2); |
| 7. | An insurance policy or other guarantee under Article 6 (11) of the Convention, where the State of import or transit demands it. |
| (2) | If the Minister of Environment concludes that the details of an application for permission for the export under paragraph (1) are appropriate, he/she shall seek consent to the import or transit thereof from the competent authority of the State of import or transit within five days from the date of the receipt of such application. <Amended by Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 21959, Dec. 31, 2009> |
| (3) | Where a person who intends to export wastes subject to import and export restrictions (including an export agent) submits a written consent issued by the State of import or transit with respect to the import or transit thereof, the Minister of Environment shall not seek consent referred to in paragraph (2). <Amended by Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| (4) | Deleted. <by Presidential Decree No. 17307, Jul. 16, 2001> |
| (5) | "Cases prescribed by Presidential Decree" in the proviso to Article 6 (3) of the Act means any of the following cases: <Newly Inserted by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 16406, Jun. 21, 1999; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | Where the consent of the State of transit is required, and no response has been made by the State of transit within 60 days (if the State of transit has acceded to agreements or arrangements under Article 11 of the Convention, within 30 days) from the date on which the Republic of Korea has been notified by the State of transit of the receipt of a request for consent of transit. In such cases, where no notification of receipt has been made by the State of transit to the Republic of Korea within 30 days after a request for the consent of transit was made, the date on which 30 days have passed since the first request for the consent of transit was made shall be deemed the date of notification of such receipt; |
| 2. | Where wastes referred to in Article 2 (2) are subject to the consent of the State which has acceded to agreements or arrangements under Article 11 of the Convention, and no response has been made by the State of import within 30 days from the date on which the Republic of Korea has been notified by the State of import of the receipt of a request for the consent of import. In such cases, where no notification of receipt has been made by the State of import to the Republic of Korea within 30 days after a request for the consent of import was made, the date on which 30 days have passed since the first request for the consent of import was made shall be deemed the date of notification of receipt. |
| (6) | The Minister or Environment shall issue an export permit for wastes subject to import and export restrictions in accordance with Form 1 within five days in any of the following cases. In such cases, he/she shall notify the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) of the details thereof: <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | Where he/she has received a written consent for import or transit from the State of import or transit; |
| 2. | Where he/she has not made a request for consent under paragraph (3); |
| 3. | Where no consent of the State of import or transit under paragraph (5) has been given. |
| (7) | Where the Minister of Environment issues an export permit for wastes subject to import and export restrictions pursuant to the former part of paragraph (6) or confirms customs clearance for the export of the relevant wastes subject to import and export restrictions pursuant to Article 226 (2) of the Customs Act, he/she shall enter the details of the export permit and customs clearance therefor into the electronic information processing program (hereinafter referred to as "electronic information processing program") under Article 18-4 (1) of the Act. In such cases, He/she shall take measures so that the Director of a River Basin Environmental Office, the Director of a Regional Environmental Office and the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to import and export restrictions may confirm the details of the export permit and customs clearance therefor entered into the electronic information processing program. <Newly Inserted by Presidential Decree No. 28366, Oct. 17, 2017> |
| Article 4 (Change in Permission for Export of Wastes Subject to Export and Import Restrictions) |
| (1) | Matters that require permission for change, from among matters for which permission for export of wastes subject to export and import restrictions has been granted pursuant to the latter part of Article 6 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | Names, trade names, or the locations of places of business of an exporter and an importer of wastes subject to export and import restrictions; |
| 2. | Change of the name, physical properties, and chemical composition of wastes subject to export and import restrictions; |
| 3. | Change of the quantity of exported wastes subject to export and import restrictions; |
| 4. | Change of the method of disposal of wastes subject to export and import restrictions, or the place for disposal; |
| 5. | Change of the customs office or the competent authority of the State of import or transit. |
| (2) | A person who intends to obtain approval of the change of permission to export wastes subject to export and import restrictions for reasons under the subparagraphs of paragraph (1) shall submit an application for approval of the change of permission to export wastes subject to export and import restrictions in accordance with Form 1 to the Minister of Environment along with one copy each of the following documents: <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | The original of the export permit for wastes subject to export and import restrictions; |
| 2. | Documents supporting the amended details. |
| (3) | Where the Minister of Environment receives an application for amendment of permission for export of wastes subject to export and import restrictions pursuant to paragraph (2), he/she shall issue a permit for amendment to permission for export of wastes subject to export and import restrictions in accordance with Form 1 pursuant to Article 3 (2), (3) and (5). <Newly Inserted by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| Article 5 (Preparation, etc. of Export Movement Documents) |
| (1) | Export movement documents under Article 7 (1) of the Act shall be prepared in accordance with Form 2. <Amended by Presidential Decree No. 28366, Oct. 17, 2017> |
| (2) | Reports under Article 7 (2) of the Act shall be made in accordance with Form 3. <Amended by Presidential Decree No. 16406, Jun. 21, 1999> |
| (3) | Deleted. <by Presidential Decree No. 16406, Jun. 21, 1999> |
| Article 6 (Matters to be Entered into Export Movement Documents) |
"Matters prescribed by Presidential Decree" in Article 8 (1) of the Act means the following cases where the relevant exported wastes subject to export and import restrictions are domestically transferred to others: <Amended by Presidential Decree No. 28366, Oct. 17, 2017> | 1. | Trade name, address of the place of business, and contact address of a carrier; |
| 2. | Means of transportation. |
[This Article Wholly Amended by Presidential Decree No. 21959, Dec. 31, 2009]
| Articles 7 and 8 Deleted. <by Presidential Decree No. 16406, Jun. 21, 1999> |
| Article 9 (Permission for Import of Wastes Subject to Export and Import Restrictions) |
| (1) | A person who intends to obtain permission to import wastes subject to export and import restrictions pursuant to the former part of Article 10 (1) of the Act shall submit an application for permission to import wastes subject to export and import restrictions in accordance with Form 4 to the Minister of Environment along with one copy each of the following documents: <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 21959, Dec. 31, 2009; Presidential Decree No. 27351, Jul. 19, 2016; Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | A copy of an import contract or purchase order stating that the relevant wastes subject to export and import restrictions are managed in an environmentally sound manner and the import price is the cost, insurance and freight (C.I.F.) price; |
| 2. | Any document specifying the characteristics and uses of the imported wastes subject to export and import restrictions; |
| 3. | The domestic transportation contract specifying the routes and means of transportation, and the name of the carrier of the imported wastes subject to export and import restrictions; |
| 4. | In cases of imports provided for in Article 10 (6) of the Act (hereinafter referred to as "package import"), the package import plan, in which the import volume is recorded by the customs office at the place of clearance of the imported wastes subject to export and import restrictions, by the expected date of import, or by the expected month of import; |
| 5. | A payment receipt of a fee for permission for the import of wastes subject to export and import restrictions under Article 20 (2); |
| 6. | A plan to dispose of imported wastes subject to export and import restrictions; |
| 6-2. | A copy of a license to conduct waste disposal business (hereinafter referred to as "license to conduct waste disposal business") under Article 25 (8) of the Wastes Control Act of a person who intends to dispose of wastes subject to export and import restrictions or a document certifying that he/she has reported waste disposal (hereinafter referred to as "certificate of report on waste disposal") under Article 46 (1) of the aforesaid Act; |
| 7. | Information and data about hazardous substances under Article 18 (2) contained in imported wastes subject to export and import restrictions; |
| 8. | Documents prescribed and announced by the Minister of Environment, which can confirm whether substances fall under those excluded from application under Article 3 (1) of the Act; |
| 9. | Deleted; <by Presidential Decree No. 21959, Dec. 31, 2009> |
| 10. | Any insurance policy, or other guarantee under Article 6 (11) of the Convention. |
| (2) | Where the Minister of Environment receives a request for consent to the import of wastes from the competent authority of the State of export in accordance with Article 10 (3) of the Act, he/she shall serve a notice on such consent, conditional consent, disapproval, or request for additional information on the competent authority of the State of export within eight days from the date of the receipt of such request. <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 15965, Dec. 31, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 21959, Dec. 31, 2009> |
| (3) | and (4) Deleted. <by Presidential Decree No. 17307, Jul. 16, 2001> |
| (5) | Where the Minister of Environment notifies the competent authority of the State of export of consent to import pursuant to paragraph (2), he/she shall promptly issue an import permit for wastes subject to export and import restrictions in accordance with Form 4 to the applicant of such import permission. In such cases, he/she shall notify the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export and import restrictions of the details of such import permit. <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| (6) | Where the Minister or Environment issues an import permit for wastes subject to export and import restrictions pursuant to the former part of paragraph (5) or confirms customs clearance for the import of the relevant wastes subject to export and import restrictions pursuant to Article 226 (2) of the Customs Act, he/she shall enter the details of the import permit and customs clearance therefor into the electronic information processing program. In such cases, he/she shall take measures so that the Director of a River Basin Environmental Office, the Director of a Regional Environmental Office and the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export and import restrictions may confirm the details of the import permit and customs clearance therefor entered into the electronic information processing program. <Newly Inserted by Presidential Decree No. 28366, Oct. 17, 2017> |
| Article 10 (Deemed Requests for Consents to Import Wastes Subject to Export and Import Restrictions) |
In granting a permit for import of wastes subject to export and import restrictions under the former part of Article 10 (1) of the Act, if producers or exporters of the relevant wastes subject to export and import restrictions request the consent to import wastes subject to export and import restrictions through the competent authority of the State of export, the Minister of Environment shall deem that he/she has been requested to grant the consent to import wastes subject to export and import restrictions from the competent authority of the State of export of the relevant wastes subject to export and import restrictions pursuant to Article 10 (3) of the Act. <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 16406, Jun. 21, 1999; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 28366, Oct. 17, 2017>
| Article 11 (Change in Permission for Import of Relevant Wastes Subject to Export and Import Restrictions) |
| (1) | Matters that require permission for change, from among matters for which the permission for import of wastes subject to export and import restrictions has been granted, pursuant to the latter part of Article 10 (1) of the Act, shall be as follows: <Amended by Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | Names, trade names or the locations of places of business of an importer and an exporter of wastes subject to export and import restrictions; |
| 2. | Change of the name, physical properties and chemical composition of wastes subject to export and import restrictions; |
| 3. | Change of the quantity of wastes subject to export and import restrictions; |
| 4. | Change of the method of disposal of wastes subject to export and import restrictions, or the place for disposal; |
| 5. | Change of the domestic customs offices at the place of clearance or the domestic port of arrival; |
| 6. | Change of the customs office or the competent authority of the State of export or the State of transit. |
| (2) | A person who intends to obtain approval of the change of permission to import wastes subject to export and import restrictions for reasons under the subparagraphs of paragraph (1) shall submit an application for approval of the change of permission to import wastes subject to export and import restrictions in accordance with Form 4 to the Minister of Environment along with one copy each of the following documents: <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 16406, Jun. 21, 1999; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 27751, Dec. 30, 2016; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | Original of the permit for import of wastes subject to export and import restrictions; |
| 2. | Documents supporting the amended details. |
| (3) | Where the Minister of Environment receives an application for amendments to permission for import of wastes subject to export and import restrictions pursuant to paragraph (2), he/she shall issue a permit for amendments to a permission for import of waste subject to export and import restrictions in accordance with Form 4 pursuant to Article 9 (2) and (5). <Amended by Presidential Decree No. 28366, Oct. 17, 2017> |
| Article 12 (Preparation, etc. of Import Movement Documents) |
| (1) | Import movement documents under the former part of Article 11 of the Act shall be prepared in accordance with Form 5. <Amended by Presidential Decree No. 28366, Oct. 17, 2017> |
| (2) | Import movement documents under paragraph (1) shall be prepared at the time imported wastes subject to export and import restrictions are recognized as domestic articles and are then carried out of a bonded area under Article 154 of the Customs Act (including a place outside the boundary of a bonded area for which permission for storage is granted pursuant to Article 156 of the same Act) or a free trade zone under subparagraph 1 of Article 2 of the Act on the Designation and Management of Free Trade Zones. <Amended by Presidential Decree No. 17048, Dec. 29, 2000; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 28366, Oct. 17, 2017> |
[This Article Wholly Amended by Presidential Decree No. 16406, Jun. 21, 1999]
| Article 13 (Records, etc. of Import Movement Documents) |
"Matters prescribed by Presidential Decree" in Article 12 (1) of the Act means the following: <Amended by Presidential Decree No. 28366, Oct. 17, 2017> | 1. | The trade name, address of the place of business, and contact address of a carrier; |
| 2. | Means of transportation. |
[This Article Wholly Amended by Presidential Decree No. 21959, Dec. 31, 2009]
| Article 14 Deleted. <by Presidential Decree No. 25126, Jan. 28, 2014> |
| Article 15 (Notice of Results, etc. of Disposal of Imported Wastes Subject to Export and Import Restrictions) |
Any person who completes the disposal of imported wastes subject to export and import restrictions pursuant to Article 14 of the Act shall serve a notice prepared in accordance with Form 7 with respect to the receipt of the relevant wastes subject to export and import restrictions and the results of their disposal on the competent authority of the State of export and the exporter, and submit a copy thereof to the Minister of Environment within ten days from the date of completion of such disposal. <Amended by Presidential Decree No. 28366, Oct. 17, 2017> [This Article Wholly Amended by Presidential Decree No. 17307, Jul. 16, 2001]
| Article 16 Deleted. <by Presidential Decree No. 15965, Dec. 31, 1998> |
| Article 17 (Method of Packing and Attaching Marks) |
The method of packing wastes subject to export and import restrictions or the method of attaching marks to such package in accordance with Article 17 (1) of the Act, except as provided for by other statutes, such as the Ship Safety Act and the Aviation Safety Act, shall be in accordance with the standards contained in attached Table 1. <Amended by Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 21959, Dec. 31, 2009; Presidential Decree No. 22385, Sep. 17, 2010; Presidential Decree No. 27971, Mar. 29, 2017; Presidential Decree No. 28366, Oct. 17, 2017>
| Article 17-2 (Declaration, etc. for Export and Import of Wastes Subject to Export and Import Restrictions) |
| (1) | A person who intends to make a declaration for export of wastes subject to export and import restrictions under Article 18-2 (1) of the Act shall submit a declaration for export of wastes subject to export and import restrictions in accordance with Form 7-2 to the Minister of Environment along with one copy each of the following documents: |
| 1. | A copy of an export contract or purchase order in which the export price is specified as the Free on Board (FOB) price; |
| 2. | A transportation plan specifying the route and means of transportation and a freight forwarder of wastes subject to export and import restrictions; |
| 3. | A copy of a contract for transportation of wastes subject to export and import restrictions (the copy thereof shall be attached only in cases where the transportation of such wastes are entrusted and the wastes are transported); |
| 5. | An export plan stating the customs office at the place where wastes subject to export and import restrictions are cleared through customs, the expected date of export or the export volumes of each expected month of export (the export plan shall be attached only in cases where a declaration for export is made pursuant to Article 18-2 (3) of the Act). |
| (2) | A person who intends to make a declaration for import of wastes subject to export and import restrictions under Article 18-2 (1) of the Act shall submit a declaration for import of wastes subject to export and import restrictions in accordance with Form 7-3 to the Minister of Environment along with one copy each of the following documents: |
| 1. | A copy of an import contract or purchase order in which the import price is specified as the cost, insurance and freight (CIF) price; |
| 2. | A transportation plan specifying the route and means of transportation and a freight forwarder of wastes subject to export and import restrictions; |
| 3. | A copy of a contract for transportation of wastes subject to export and import restrictions (the copy thereof shall be attached only in cases where the transportation of such wastes are entrusted and the wastes are transported); |
| 4. | A plan to dispose of wastes subject to export and import restrictions; |
| 5. | A copy of a license to conduct waste disposal business or a certificate of report on waste disposal of a person who intends to dispose of wastes subject to export and import restrictions; |
| 6. | A copy of a document whereby the ability to be entrusted with wastes and to dispose of wastes under Article 17 (1) 3 of the Wastes Control Act is confirmed (the copy thereof shall be attached only in cases where the person is entrusted with the disposal of wastes and disposes of wastes); |
| 7. | A written result of analysis of wastes subject to export and import restrictions; |
| 8. | Photographs whereby types of wastes subject to export and import restrictions may be confirmed; |
| 9. | Documents prescribed and announced by the Minister of Environment, through which it may be confirmed whether wastes fall under substances excluded from the scope of application under Article 3 (1) of the Act; |
| 10. | An import plan stating the customs office at the place where wastes subject to export and import restrictions are cleared through customs, the expected date of import or the import volumes of each expected month of import (the import plan shall be attached only in cases where a declaration for import is made pursuant to Article 18-2 (3) of the Act). |
| (3) | Where the Minister of Environment receives a declaration for export pursuant to paragraph (1) or a declaration for import pursuant to paragraph (2), he/she shall issue a certificate of declaration for export of wastes subject to export and import restrictions in accordance with Form 7-4 or a certificate of declaration for import of wastes subject to export and import restrictions in accordance with Form 7-5 to a person who makes such declaration after confirming the details of the declaration. In such cases, he/she shall notify the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export and import restrictions of the details of such certificate. |
| (4) | Where the Minister of Environment issues a certificate of declaration for export of wastes subject to export and import restrictions or a certificate of declaration for the import thereof pursuant to the former part of paragraph (3), or confirms the customs clearance for the export and import of the relevant wastes subject to export and import restrictions pursuant to Article 226 (2) of the Customs Act, he/she shall enter the relevant details thereof into the electronic information processing program. In such cases, he/she shall take measures so that the Director of a River Basin Environmental Office, the Director of a Regional Environmental Office and the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the management of the relevant wastes subject to export and import restrictions may confirm the relevant details thereof entered into the electronic information processing program. |
| 1. | Name, trade name and the location of the place of business of an exporter or an importer of wastes subject to export and import restrictions; |
| 2. | An exporting country or importing country of wastes subject to export and import restrictions; |
| 3. | Kinds, physical properties, and chemical composition of exported or imported wastes subject to export and import restrictions; |
| 4. | Volume of exported or imported wastes subject to export and import restrictions (only applicable to cases where the volume of designated waste is increased by at least 30/100 and the volume of waste other than designated wastes is increased by at least 50/100); |
| 5. | Methods of disposal of wastes subject to export and import restrictions, a person who disposes of such wastes or a place where such wastes are disposed of. |
| (6) | A person who intends to report a change pursuant to Article 18-2 (2) of the Act shall submit a report on the change of the export of wastes subject to export and import restrictions in accordance with Form 7-2 or a report on the change of the import of wastes subject to export and import restrictions in accordance with Form 7-3 to the Minister of Environment along with the following documents: |
| 1. | A document that may prove matters changed; |
| 2. | The original of a certificate of declaration for export of wastes subject to export and import restrictions or a certificate of declaration for the import thereof. |
[This Article Newly Inserted by Presidential Decree No. 28366, Oct. 17, 2017]
| Article 17-3 (Entering Details of Handover and Takeover of Imported Wastes into Electronic Information Processing Program) |
Matters concerning the handover and takeover of imported wastes under Article 18-3 (1) of the Act that should be entered into the electronic information processing program, methods and timing of entering such matters pursuant to paragraphs (2) of the Aforesaid Article shall be as specified in attached Table 2. <Amended by Presidential Decree No. 28366, Oct. 17, 2017> [This Article Newly Inserted by Presidential Decree No. 22385, Sep. 17, 2010]
| Article 17-4 (Affairs, etc. Using Electronic Information Processing Program) |
| (1) | "Affairs prescribed by Presidential Decree, such as reporting" in Article 18-4 (3) of the Act means the following affairs: <Amended by Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | Submission of applications for permission to export wastes subject to export and import restrictions or of applications for permission to change under Article 6 (1) of the Act; |
| 2. | Submission of reports on failure to export wastes subject to export and import restrictions under Article 7 (2) of the Act; |
| 3. | Submission of applications for permission to import wastes subject to export and import restrictions or of applications for permission to change under Article 10 (1) of the Act; |
| 4. | Deleted; <by Presidential Decree No. 25126, Jan. 28, 2014> |
| 5. | Submission of the copies of documents stating the receipt of wastes subject to export and import restrictions and the results of the disposal thereof under Article 14 of the Act; |
| 5-2. | Submission of declarations for export, declarations for import or reports on changes in declarations for export or import of wastes subject to export and import restrictions under Article 18-2 (1) and (2) of the Act; |
| 5-3. | Entering the current status, etc. of the export, import and disposal of wastes under the proviso to Article 21-2 of the Act in the electronic information processing program; |
| 8. | Submission of requests for the refund of fees for permission to export and import of wastes under Article 21 (2). |
| (2) | Where the head of a relevant central administrative agency requests the Minister of Environment to allow him/her to check matters under the subparagraphs of paragraph (1) entered into the electronic information processing program pursuant to relevant Acts and subordinate statutes, the Minister of Environment may allow him/her to check the relevant matters in accordance with the methods prescribed and announced by him/her. <Newly Inserted by Presidential Decree No. 28366, Oct. 17, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22385, Sep. 17, 2010]
| Article 18 (Prohibitions on Export and Import, etc.) |
| (1) | The Minister of Environment shall, when he/she intends to take steps to prohibit or limit the export and import of wastes in accordance with Article 19 (1) of the Act, specify and publicly announce the lists of prohibited or limited items, method of prohibition or limitation and term of the prohibition or limitation thereon, etc. <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001> |
| Article 18-2 (Nations to which Export of Wastes are Prohibited) |
Wastes shall be prohibited from being exported to any nation in accordance with Article 19 (3) and (4) of the Act, with the exception of nations falling under each of the following subparagraphs: | 1. | Signatories to bilateral, multilateral, or regional agreements or arrangements under Article 11 of the Convention; |
| 2. | The member nations of the Organization for Economic Cooperation and Development, the member nations of the European Union, and Liechtenstein. |
[This Article Newly Inserted by Presidential Decree No. 17307, Jul. 16, 2001]
| Article 19 (Recording and Preservation of Books) |
| (1) | A person falling under any of the following subparagraphs shall keep books classified as follows and make records and preserve the books pursuant to the main sentence of Article 21-2 of the Act: |
| 1. | Any person who has obtained permission to export wastes pursuant to Article 6 (1) of the Act or who has made a declaration for the export of wastes pursuant to Article 18-2 (1) of the Act: A book of the control of exported wastes in accordance with Form 8; |
| 2. | Any person who has obtained permission to import wastes pursuant to Article 10 (1) of the Act or who has made a declaration for the import of wastes pursuant to Article 18-2 (1) of the Act: A book of the control of imported wastes in accordance with Form 9; |
| 3. | Any person who has disposed of imported wastes pursuant to Article 18-3 (1) of the Act (only applicable to persons entrusted with the disposal of imported wastes): A book of the control of the entrusted disposal of imported wastes in accordance with Form 10-2. |
| (2) | Books under paragraph (1) may be recorded and preserved in an electronic record medium. |
[This Article Wholly Amended by Presidential Decree No. 28366, Oct. 17, 2017]
| Article 19-2 (Submission of Reports) |
| (1) | A person falling under any of the following shall submit reports classified as follows to the head of the relevant agency who grants permission to export or import or the head of the relevant agency to whom he/she submits a declaration for export or import pursuant to Article 21-3 (1) of the Act: |
| 1. | Any person who has obtained permission to export wastes pursuant to Article 6 (1) of the Act or who has made a declaration for export of wastes pursuant to Article 18-2 (1) of the Act: A report on the result of the export of wastes in accordance with Form 11. In such cases, a person who has obtained permission to export wastes shall submit a copy of export movement documents or of a notice of completion of the disposal of wastes issued by an importing country; |
| 2. | Any person who has obtained permission to import wastes pursuant to Article 10 (1) of the Act or who has made a declaration for import of wastes pursuant to Article 18-2 (1) of the Act: A report on the result of the import of wastes in accordance with Form 12. In such cases, a person who has obtained permission to import wastes shall submit a copy of import movement documents or of a notice of completion of the disposal of wastes issued to an exporting country; |
| 3. | Any person who has disposed of imported wastes pursuant to Article 18-3 (1) of the Act (only applicable to persons entrusted with the disposal of wastes): A report on the result of the entrusted disposal of imported wastes in accordance with Form 13 or 13-2. |
| (2) | A public official who has received a report under paragraph (1) shall check a certificate of declaration for export or a certificate of declaration for import through the common use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where a person who has submitted the report does not consent to his/her checking, he/she shall submit the report along with a copy of a certificate of declaration for export or a certificate of declaration for import. |
[This Article Wholly Amended by Presidential Decree No. 28366, Oct. 17, 2017]
CHAPTER III SUPPLEMENTARY PROVISIONS
| Article 20 (Calculation Method, etc. of Fees) |
| (1) | A fee for permission to export or import wastes subject to export and import restrictions (hereinafter referred to as "fee for permission to export or import") under Article 23 (2) of the Act shall be calculated by the following methods: Provided, That the amount less than 1,000 won shall be excluded from the amount for the calculation, and where the standard amount is denominated in a foreign currency, the calculation shall be made by applying the exchange rate as at the time of payment: <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | For export: F.O.B. price of the relevant wastes subject to export and import restrictions×1÷1,000 |
| 2. | For import: C.I.F. price of the relevant wastes subject to export and import restrictions×1÷1,000 |
| 3. | Where the C.I.F. price or the F.O.B. price is unknown: disposal cost of the relevant wastes subject to export and import restrictions prescribed by the Minister of Environment×1÷1,000. |
| (2) | Any person who intends to export or import wastes subject to export and import restrictions (hereinafter referred to as "importer or exporter of wastes subject to export and import restrictions") shall pay a fee for permission to export or import wastes in accordance with Form 14 based on a statement of payment of the fee for permission to export or import wastes to a bank which handles foreign exchange after calculating the fee for permission to export or import wastes pursuant to paragraph (1), and submit the payment receipt to the Minister of Environment when he/she applies for permission to export or import the relevant wastes subject to export and import restrictions. <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 22385, Sep. 17, 2010; Presidential Decree No. 28366, Oct. 17, 2017> |
| (3) | In cases of package export or import, the Minister of Environment may require an exporter or importer of the relevant wastes subject to export and import restrictions to pay fees for permission to export or import the relevant wastes subject to export and import restrictions whenever the exporter or importer exports or imports wastes until the fees reach the total amount of fees for permission to export or import wastes, which the exporter or importer of the relevant wastes subject to export and import restrictions should pay, or may require the exporter or importer to pay the total amount in installments, as prescribed and announced by the Minister of Environment. <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| Article 21 (Refund of Fees) |
| (1) | When the Minister of Environment has received an application for permission for export or import of wastes subject to export and import restrictions under Article 3 or 9, but chooses not to permit the waste export or import, or where the exporter or importer of wastes subject to export and import restrictions does not export or import the relevant wastes subject to export and import restrictions for which the permission has been granted, or where the exporter or importer has mistakenly overpaid the fee, he/she shall totally or partially refund the already paid export/import permission fee. <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 28366, Oct. 17, 2017> |
| (2) | Any person who intends to get a refund of a fee for permission to export or import wastes pursuant to paragraph (1) shall submit a request for refund of a fee for permission to export or import wastes in accordance with Form 15 to the Minister of Environment along with the following documents: <Amended by Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 22385, Sep. 17, 2010; Presidential Decree No. 28366, Oct. 17, 2017> |
| 1. | The permit for export/import of wastes subject to export and import restrictions (except cases where the permission has not been granted); |
| 2. | Export or import movement documents of wastes subject to export and import restrictions (except cases where the permission has not been granted); |
| 3. | The payment receipt of a fee for permission to export or import wastes subject to export and import restrictions. |
| (3) | When the Minister of Environment receives an application for the refund of waste export/import permission fees under paragraph (2), he/she shall serve on the applicant a statement of decision on the refund of waste export/import permission fees in annexed Form No. 15 within five days from the date of the receipt of such application, and shall refund such fees to him/her. <Amended by Presidential Decree No. 21959, Dec. 31, 2009; Presidential Decree No. 22385, Sep. 17, 2010> |
| (4) | Deleted. <by Presidential Decree No. 17307, Jul. 16, 2001> |
| Article 22 (Designation of Competent Authorities, etc.) |
The competent authorities under Article 25 of the Act shall be the Minister of Environment, and the liaison officer shall be the director in charge of the tasks for export and import of wastes at the Resource Recirculation Bureau of the Ministry of Environment. <Amended by Presidential Decree No. 14450, Dec. 23, 1994; Presidential Decree No. 15585, Dec. 31, 1997; Presidential Decree No. 15734, Feb. 28, 1998; Presidential Decree No. 16406, Jun. 21, 1999; Presidential Decree No. 17307, Jul. 16, 2001; Presidential Decree No. 21959, Dec. 31, 2009>
| Article 23 Deleted. <by Presidential Decree No. 15585, Dec. 31, 1997> |
| Article 24 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment shall delegate his/her authority under the following subparagraphs to the Director of a River Basin Environmental Office or the Director of a Regional Environmental Office pursuant to Article 27 (1) of the Act: <Amended by Presidential Decree No. 17698, Aug. 8, 2002; Presidential Decree No. 20387, Nov. 15, 2007; Presidential Decree No. 22385, Sep. 17, 2010; Presidential Decree No. 28366, Oct. 17, 2017> |
| 2. | Requesting the State of import or transit of wastes subject to export and import restrictions under the main sentence of Article 6 (3) of the Act to give consent; |
| 3. | Receiving reports on the cancellation of plans to export wastes subject to export and import restrictions under Article 7 (2) of the Act; |
| 6. | Deleted; <by Presidential Decree No. 25126, Jan. 28, 2014> |
| 7. | Receiving the copies of documents stating the results of disposal of wastes subject to export and import restrictions under Article 14 of the Act; |
| 9. | Determining whether to give consent to the transit of wastes subject to export and import restrictions and providing notification under Article 16 (1) of the Act; |
| 10. | Designating ports where wastes subject to export and import restrictions are loaded and unloaded, restricting areas where wastes subject to export and import restrictions are loaded and unloaded, and consultations thereon under Article 18 (1) of the Act; |
| 11. | Restricting transit ports or transit areas of wastes subject to export and import restrictions and consultations thereon under Article 18 (2) of the Act; |
| 11-2. | Receiving declarations for export of wastes subject to export and import restrictions, declarations for the import thereof and reports on changes under Article 18-2 of the Act; |
| 13. | Receiving requests from the heads of relevant administrative agencies for taking necessary measures, such as shipping wastes into or out of areas, taking measures based thereon and notifying the results under Article 20 (2) and (3) of the Act; |
| 14. | Performing work on behalf of others and collecting expenses incurred in performing work under Article 21 of the Act; |
| 15. | Giving orders to file reports, requesting the submission of data and conducting inspection under Article 22 (1) of the Act; |
| 16. | Requesting the heads of relevant administrative agencies to provide data under the former part of Article 24 of the Act; |
| 18. | Conducting affairs concerning the refund of fees under Article 21. |
| (2) | The Minister of Environment shall entrust the Korea Environment Corporation under the Korea Environment Corporation Act with the following affairs pursuant to Article 27 (1) of the Act: <Newly Inserted by Presidential Decree No. 22385, Sep. 17, 2010; Presidential Decree No. 28366, Oct. 17, 2017> |
| 2. | Entering data into the electronic information processing program and the confirmation thereof under Articles 3 (7), 9 (6), 17-2 (4) and 17-4 (2). |
[This Article Wholly Amended by Presidential Decree No. 17307, Jul. 16, 2001]
| Article 24-2 (Re-Examination of Regulation) |
The Minister of Environment shall examine the validity of the following matters every third year (referring to the period that ends on the day before the base date of every third year) from each relevant base date and take measures for improvement, etc.: <Amended by Presidential Decree No. 28366, Oct. 17, 2017>
| 1. | Permission to export wastes subject to export and import restrictions under Article 3: January 1, 2014; |
| 2. | Permission to import wastes subject to export and import restrictions under Article 9: January 1, 2014. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
CHAPTER IV PENALTY PROVISIONS
| Article 25 (Criteria for Imposition of Administrative Fines) |
The criteria for imposition of administrative fines under Article 32 (1) and (2) of the Act shall be as set forth in attached Table 3. <Amended by Presidential Decree No. 22385, Sep. 17, 2010> [This Article Wholly amended by Presidential Decree No. 21959, Dec. 31, 2009]
ADDENDUM
This Decree shall enter into force on the day on which the Convention becomes effective in the Republic of Korea.
ADDENDA <Presidential Decree No. 14450, Dec. 23, 1994>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 15585, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998: Provided, That the amended provisions of Article 18 (3) shall enter into force on July 1, 1998.
ADDENDA <Presidential Decree No. 15734, Feb. 28, 1998>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 15965, Dec. 31, 1998>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 16406, Jun. 21, 1999>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 17048, Dec. 29, 2000>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2001.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 17307, Jul. 16, 2001>
| (1) | (Enforcement Date) This Decree shall enter into force on July 17, 2001. |
| (2) | (Transitional Measures concerning Nations to Which Exports of Wastes are Prohibited) The member nations of the Organization for Economic Cooperation and Development, the member nations of the European Union, and Liechtenstein under the amended provisions of subparagraph 2 of Article 18-2 shall be deemed signatories to the Convention by the date preceding the date on which the Annex VII of the Convention adopted at the third general meeting of "signatories to the Convention" takes effect. |
| (3) | (Transitional Measures concerning Pending Procedures) Any application, declaration and report, etc. that are filed with the Minister of Commerce, Industry and Energy under the previous provisions at the time when this Decree enters into force shall be deemed filed with the Minister of Environment under this Decree. |
ADDENDA <Presidential Decree No. 17698, Aug. 8, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17824, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20387, Nov. 15, 2007>
This Decree shall enter into force on November 18, 2007.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21215, Dec. 31, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21959, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Special Cases concerning Report on Export, Import, and Takeover of Wastes)
Notwithstanding the amended provisions of Article 19 (1) and annexed Form Nos. 8 through 10, only the actual results of the later half of 2009 out of those of 2009 shall be submitted in the previous forms by not later than January 15, 2010. Article 3 (Transitional Measures concerning Requests for Consent to Import and Transit of Wastes)
A request for consent to import or transit of wastes for an application for permission for export that has been received before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 3 (2). Article 4 (Transitional Measures concerning Notices on Requests for Consent to Import of Wastes)
A notice on a request for consent to import which has been received before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 9 (2). Article 5 (Transitional Measures concerning Issuance of Statement of Decision on Refund of Waste Export/Import Permission Fees)
The issuance of a statement of decision on the refund of waste export/import permission fees and the refund of the fees decided to be refunded concerning an application for the refund of waste export/import permission fees received before this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 21 (3). Article 6 (Transitional Measures concerning Criteria for Imposition of Administrative Fines)
| (1) | The criteria for imposition of administrative fines for a violation committed before this Decree enters into force shall be governed by the previous instances. |
| (2) | Where the criteria for imposition of administrative fines shall be applied according to the frequency of violations under the amended provisions of attached Table 2, the first violation committed after this Decree enters into force shall be deemed one time violation. |
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22385, Sep. 17, 2010>
This Decree shall enter into force on September 23, 2010.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25126, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 31, 2014.
Article 2 (Applicability to Reporting on Result pertaining to Transportation or Disposal of Imported Wastes)
The amended provisions of Article 19 (1) 3, annexed Form No. 10, and annexed Form 10-2 shall apply starting from the first reporting on the result pertaining to transportation or disposal of imported wastes in 2014.
ADDENDA <Presidential Decree No. 27351, Jul. 19, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on July 21, 2016.
Article 2 (Applicability to Permission, etc. to Import Wastes)
The amended provisions of Article 9 (1) 7 and 8 shall apply beginning with cases where a person files an application for permission to import wastes after this Decree enters into force. Article 3 (Transitional Measures concerning Prohibition of Import of Wastes)
Notwithstanding the amended provisions of Article 18 (2) and (3), the former provisions thereof shall apply to the prohibition of the import of wastes by a person who filed an application for permission to import wastes or an application for approval of the change of permission to import wastes before this Decree enters into force.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Decree)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 27971, Mar. 29, 2017>
Article 1 (Enforcement Decree)
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 28366, Oct. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 19, 2017.
Article 2 Omitted.