Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993)13. Controlled goods, permits and registration |
| (1) | The Minister may, on the recommendation of the Council, whenever he deems it necessary or expedient in the public interest, by notice in the Gazette declare goods which may contribute to the design, development, production, deployment, maintenance or use of weapons of mass destruction, to be controlled goods. |
| (2) | The Minister may in such notice— |
| (b) | limit or control the import, export, re-export or transit of such goods, and determine that the import, export, re-export or transit of such goods may only take place under a permit issued by the Council; |
| (c) | make the import, export, re-export or transit of such goods subject to end use requirements; |
| (d) | require a declaration to the Council in accordance with the provisions of an international convention, treaty or agreement contemplated in section 27 with regard to the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, transport, import, export, transit or re-export of such goods; |
| (e) | prohibit the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, transport or disposal by any means of such goods; |
| (f) | make the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, transport or disposal by any means of such goods, subject to a permit issued by the Council. |
| (3) | Any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods, shall— |
| (a) | register with the Council in the prescribed manner; and |
| (b) | if the Council so requests, make a declaration furnishing all information requested by the Council. |
| (4) | A permit contemplated in subsection (2) may lay down conditions with regard to— |
| (a) | the quantities of controlled goods provided for by the permit; |
| (b) | the end-use requirements and the verification of such end-use requirements of controlled goods; |
| (c) | the states or territories to which controlled goods may be exported or from which controlled goods may be imported; |
| (d) | the re-export from a state to which controlled goods originating in the Republic, are destined for export; |
| (e) | the period for which the permit is valid; |
| (f) | the ports, airports or border posts which may be used for the import, export, re-export or transit of controlled goods. |
| (5) | The Council may at any time, if it has reason to believe that the holder of a permit has contravened or failed to comply with any condition under which the permit was issued, suspend or revoke such permit summarily, and notify the holder of the permit within 30 days in writing of the reasons for such suspension or revocation. |
| (6) | A suspension under subsection (5) shall remain in force until the holder of the permit has taken measures to the satisfaction of the Council to remove the reasons for the suspension, in which case the Council may cancel the suspension. |
| (7) | The Minister may at any time suspend or revoke a permit if he deems the activity authorized by the permit to be in conflict with public interests. |
| (8) | The holder of any permit which has been revoked or has lapsed due to the expiry of the period of validity thereof, shall at the written request of the Council forthwith return that permit to the Council. |
| (9) | The Minister may, on the recommendation of the Council, whenever he deems it necessary or expedient, by notice in the Gazette— |
| (a) | for a specified time or indefinitely, prohibit the trade in controlled goods with a specific state or territory or with a specific person domiciled in the Republic or in any other state or territory outside the Republic; |
| (b) | for a specified time or indefinitely, prohibit the performance of any act specified in the notice, by a person in the Republic, or by such person in co-operation with a specific person, state or territory outside the Republic; |
| (c) | for a specified time or indefinitely, prohibit or limit the export of controlled goods. |