Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Amended Codes of Good Practice (2013)

Amended Code Series 400: Measurement of the Enterprise and Supplier Development Element of Broad-Based Black Economic Empowerment

Statement 400: The General Principles for Measuring Enterprise and Supplier Development

Exclusions from Total Measured Procurement Spend

6.5 Imports: the following imported goods and services

6.5	Imports: the following imported goods and services:

6.5.1

imported capital goods or components for value-added production in South Africa provided that:

6.5.1.1

there is no existing local production of such capital goods or components; and

6.5.1.2

importing those capital goods or components promotes further value-added production within South Africa;

6.5.2

imported goods and services other than those listed in paragraph 6.5.1 if there is no local production of those goods or services including, but not limited to, imported goods or services that -

6.5.2.1

carry a brand different to the locally produced goods or services; or

6.5.2.2

have different technical specifications to the locally produced goods or services.

6.5.3

The exclusion of imports listed under 6.5.2 are subject to them having developed and implemented an Enterprise Development and Supplier Development plan for imported goods and services. This plan should include:

6.5.3.1

Clear objectives

6.5.3.2

Priority interventions

6.5.3.3

Key performance indicators; and

6.5.3.4

A concise implementation plan with clearly articulated milestones

6.5.4

The Department of Trade and Industry will from time to time consult with the industry and issue practice notes with regard to the provisions on import exclusion.