International Trade Administration Act, 2002 (Act No. 71 of 2002)Chapter 4 : Investigation, evaluation and adjudication proceduresPart E – Powers of investigative search and inspections41. Import and Export control inspections |
| (1) | An investigating officer may, subject to section 38(3), conduct an inspection to determine whether Part B of Chapter 4 or any notice issued in terms of section 6 are being or have been complied with, and for that purpose may at any reasonable time— |
| (a) | enter upon and inspect any place, premises or vehicle in or on which any goods to which section 6 applies are stored, manufactured, supplied, handled, sold, removed, transported or otherwise dealt with; |
| (b) | request information about any article or document from the owner of, or person in control of, the premises or from any person who has control of the article or document or from any other person who may have the information; |
| (c) | use any computer system on the premises, or require assistance of any person on the premises to use that computer system, to— |
| (i) | search for any data contained in or available to that computer system; and |
| (ii) | reproduce any record from that data; |
| (d) | attach, and, if necessary, remove from the premises for examination and safekeeping, anything that has a bearing on the inspection; |
| (e) | direct any person who manufactures, supplies, stores, handles, sells, removes, transports or otherwise deals with any goods to which section 6 applies, or who has done any of those things with regard to such goods, or the servant or agent of such a person to— |
| (i) | produce to the investigating officer any such goods or any book or other document in connection with such goods in the custody or under the control of that person; or |
| (ii) | furnish the investigating officer with any information in relation to those goods that the investigating officer specifies; |
| (f) | inspect any such goods, any book or document, or make extracts from or copies of any such book or document; |
| (g) | seize any such goods, any book or document that may afford evidence of any offence in terms of this Act; and |
| (h) | leave on such goods, book or document or the container in which they are located, any identification mark or seal. |
| (2) | Section 43 to 45 do not apply to an inspection in terms of this section. |