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

Declarations

Declaration of certain Chemical Goods as Controlled Goods and Control Measures applicable to such Goods

2 - 3. Declaration
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(2)I, Mr Ebrahim Patel, Minister of Trade, Industry and Competition, under section 13(1) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993) as amended, 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) all the goods listed in the Missile Technology Control Regime MTCR/TEM/2022/Annex on 21 October 2022, herein referred to as the MTCR Annex, as published on the Council website at http://non-proliferation.thedtic.gov.za/, 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 3(e) of this notice to be controlled; and

 

(d)the component to be controlled goods.

 

(3)I hereby—

 

(a) in terms of section 13(2)(b) of the Act, further prohibit the import, export, re-export or transit of Category I production facilities listed in the MTCR Annex;

 

(b) in terms of section 13(2)(c) of the Act, determine that the import, export, re-export or transit (including transhipment) of the controlled goods listed in paragraph 4 of this notice shall take place only 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 use certificate for the export or re-export of the controlled goods listed in the MTCR Annex.

 

(d) in terms of section 13(2)(c) of the Act, determine that all import, export, re-export or transit of such goods of controlled goods within the Republic of South Africa be declared to the Council within 21 calendar days of such transfer; and

 

(e)in terms of section 13(2)(c) 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.