National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)

Chapter II : Control and Inspection

17. End-user certificate

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(1)Subject to section 16, whenever controlled items are exported, a person authorised by the government of the country to which the controlled items referred to in section 27(3)(a) and (b) are exported must issue an end-user certificate
(a) setting out the name and address of the declared end-user;
(b) giving a description of the controlled items and quantities involved, as well as the use of such items;
(c) undertaking that the controlled items will not be transferred or re-exported to any other person or country without the authorisation of the South African Government;
(d) undertaking that proof of importation will be supplied, by way of a delivery verification;
(e) containing the authorisation to issue the certificate in question; and
(f) containing such other matters as may be prescribed.

 

(2)Whenever controlled items referred to in section 27(3)(c) are exported, the Committee may require a person authorised by the government of the country to which the controlled items are being exported to issue a certificate undertaking that the controlled items shall not be—
(a)transferred or re-exported to any other person or country without the authorisation of the Committee; and
(b)used in developing or manufacturing weapons of mass destruction or for related purposes.

 

(3) The Committee may on such terms and conditions as may be prescribed exempt any exporter from compliance with subsection (1).

 

(4)Whenever controlled items and services are imported into the Republic, the competent authority of the South African Government may issue an end-user certificate wherein an undertaking is given that the controlled items in question will not be transferred, re-sold or re-exported to any other country without the prior approval of the relevant authority of the exporting country.

 

[Section 17 substituted by section 11 of the National Conventional Arms Control Amendment Act No. 73 of 2008]