Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)

Declarations

Declaration of certain Missile Technology and related items as Controlled Goods and Control Measures applicable to such Goods

2 - 3. Declaration
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(2)I, Dr Rob Davies, Minister of Trade and Industry, under section 13(1) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), and on the recommendation of the South African Council for the Non -Proliferation of Weapons of Mass Destruction, hereinafter referred to as the Council, hereby declare—

 

(a) the goods listed in the Missile Technology Control Regime MTCR/TEM /2018 /Annex dated 22 March 2018, hereinafter referred to as the MTCR Annex, as published on the Council website at http://www.thedti.gov.za/nonproliferation, to be controlled goods;

 

(b) that the implementation of the controls contained herein, on the controlled goods, would also be subject to consideration of the applicable guidelines as determined by the Missile Technology Control Regime;

 

(c)the services with regard to goods indicated in paragraph 2(d) of this Notice to be controlled goods; and

 

(d)component parts to be controlled goods.

 

(3)I hereby—

 

(a) in terms of section 13(2)(a) of the Act, further prohibit the transfer of Category I production facilities listed in the MTCR/TEM/2018 /Annex dated 22 March 2018 (MTCR Annex);

 

(b) in terms of section 13(2)(b) of the Act, determine that the import, export, re- export or transit (including transshipment) of the controlled goods listed in the MTCR Annex, shall take place under a permit issued by the Council;

 

(c) in terms of section 13(2)(c) of the Act, determine that the Council may require a State-to-State assurance, or an end -user or end-use certificate for the export or re-export of the controlled goods listed in the MTCR Annex; and

 

(d) in terms of section 13(2)(f) of the Act, determine that the manufacture of, and provision of services with respect to the controlled goods listed in paragraphs 1, 2, 19 and 20 of the MTCR Annex, shall take place under a permit issued by the Council.