(b) | determine that a prohibition referred to in paragraph (a) shall only apply to the export of a prescribed product to a prescribed country or for a prescribed purpose, or in a prescribed form or quantity, or under such other prescribed circumstances as the Minister deems necessary; and |
(c) | exclude the export of a prescribed product to a prescribed country or for a prescribed purpose, or in a prescribed form or quantity, from a prohibition referred to in paragraph (a). |
(2) | An application for an approval referred to in subsection (1) shall— |
(a) | in the case where an assignee has been designated under section 2(3)(a), be made at the time and in the manner determined by such assignee, and upon payment of the fees that the said assignee determines; or |
(b) | in the case where no assignee has been so designated, be made in the prescribed manner and the prescribed fee shall, in respect of such application, be payable in the prescribed manner and at the prescribed time. |
[Subsection (2) substituted by section 73 of Act No. 129 of 1993]
(a) | A quantity of a product shall only be approved for export under subsection (1)— |
(i) | subject to the conditions specified by the executive officer in the approval; and |
(ii) | if that quantity of the product complies with the standards regarding the quality of the product, and with the requirements regarding the management control system, packing, marking and labelling of the product, stipulated only by the executive officer for the product concerned. |
[Subsection (3)(a)(ii) substituted by section 5(a) of Act No. 63 of 1998]
(b) | Particulars of the standards and requirements referred to in paragraph (a)(ii)— |
(i) | shall be available free of charge for inspection only at the office of the executive officer and, if he or she deems it necessary, at any other office determined by him; and |
(ii) | shall only be obtainable from the executive officer on payment of the applicable amount determined by him. |
(c) | The standards and requirements referred to in paragraph (a)(ii), or any amendment thereof, shall come into operation on a date seven days after notice of the stipulation or amendment thereof, as the case may be, has been given by the executive officer in the Gazette. |
(4) | Notwithstanding the provisions of subsection (3)(a), only the executive officer and any person contemplated in section 2(2)(a) may deviate from the standards and requirements stipulated under that subsection and issue the approval referred to in subsection (1) in respect of a quantity of a product that— |
(a) | is to be exported as an experiment or under such other special circumstances as may be approved by the executive officer in the case concerned; and |
(b) | complies with the requirements for such product in force in the country to which it is to be exported. |
[Subsection (4) amended by section 5(b) of Act No. 63 of 1998]