This guidance document provides practical and workable guidance for all actors involved in the control of transboundary movements of the wastes subject to the Basel Convention: competent authorities, as well as the various entities involved directly or indirectly in the implementation and enforcement of the Convention (e.g. Customs, port authorities, environmental inspectors, police, prosecutors, judges). The guidance also aims at harmonizing the way Parties deal with illegal traffic as the result of conduct on the part of the exporter or generator (paragraph 2 of Article 9), the importer or disposer (paragraph 3 of Article 9), as well as with cases where the responsibility for the illegal traffic cannot be assigned either to the exporter or generator, or to the importer or disposer (paragraph 4 of Article 9).

It was developed by the Implementation and Compliance Committee with financial support from the EU and its member States as well as Japan, and adopted by the thirteenth meeting of the Conference of the Parties in May 2017 (decision BC-13/9).

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These Guidance Elements are intended to provide a practical guide to assist enforcement of national laws implementing the Basel Convention. 

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The Basel Convention Instruction Manual on the Prosecution of Illegal Traffic of Hazardous Wastes or Other Wastes manual was developed on the basis of a mandate from the Conference of the Parties to the Basel Convention and it was adopted by the tenth meeting of the Conference of the Parties (Cartagena, Colombia, 17-21 October 2011). It is intended to provide guidance for those involved in the prosecution of cases of illegal traffic in hazardous and other wastes. Global in scope, it provides practical information that will be particularly relevant for judges and prosecutors in their role in preventing and combating illegal traffic in hazardous and other wastes. The manual seeks to draw upon best practices and provides examples taken from the experience of Parties to the Basel Convention in prosecuting illegal traffic cases.

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This manual is designed to assist Customs and other enforcement agencies in understanding the provisions of the Basel Convention, and highlights the fundamental role they play in its implementation.

Each Party, having its own legislative structure, has taken its own approach in incorporative the Basel Convention provision into its own legislation. This manual has been drafted in a way that allows Parties to insert their own requirements in it, in order to facilitate its use by Customs officers and enforcement agencies at the national level.

This manual deals with:

• what is important information for Customs to implement the Convention;
• what does any enforcement agency need to know about safety when dealing with hazardous waste shipments;
• what is illegal traffic, and how to detect it; and
• which are the important detail to consider when investigating and prosecuting waste crimes.

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