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Jakarta importer could face up to 15 years in prison for smuggling hazardous scrap steel
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Thursday, 02 Feb 2012
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The Jakarta Globe reported that customs officials have seized 113 containers of imported scrap steel that they contend is actually hazardous waste and for which the importer could face up to 15 years in prison for smuggling.

During an inspection of the containers at Tanjung Priok Port in North Jakarta, environment minister Mr Balthasar Kambuaya said that it appeared the scrap metal had not been cleaned and therefore violated regulations on the import of waste. He added that "There are procedures in place for importing scrap metal, and according to our observations the scrap in question had not been cleaned and was still contaminated with hazardous substances. All imported scrap metal must be in clean condition."

Finance minister Mr Agus Martowardojo, who also took part in the inspection, said that the shipments were listed by the importer as non hazardous scrap metal. He said that because the importing company, identified only as HHS, a multinational firm, had not listed it as B3, or hazardous and toxic material, the owner could be charged with attempted smuggling.

He added that "We honor the presumption of innocence principle, but if proven guilty, the company owner could face between five and 15 years in jail."

Some of the containers reportedly released unpleasant odors when customs officials opened the cargo doors.

Mr Agus added that the shipment was made up of 89 containers from Britain and 24 from the Netherlands, all arriving at Tanjung Priok in December last year and earlier this month.

Mr Agung Kuswandono, the finance ministry's director general of customs and excise, said his office was working with the Environment Ministry to determine whether the scrap metal constituted hazardous waste. He added that "It appears that the scrap metal was simply dug up from a landfill and packed into the containers. It should have been cleaned first."

He added that his office would have to process the case quickly because of the suspected nature of the waste, and it would look at the possibility of sending the containers back to their countries of origin.

In addition to customs violations, Mr Balthasar said that the import of the scrap metal also potentially ran afoul of two separate environmental laws: the 2009 Environmental Protection and Management Law and the 2008 Waste Management Law, which prohibits the import of hazardous waste.

(Sourced from www.thejakartaglobe.com)

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