Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)DeclarationsDeclaration of certain Biological Goods and Technologies as Controlled Goods and Control Measures applicable to such Goods2 - 3. Declaration |
| 2. | I, 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 microbial or other biological agents, toxins and related equipment and technology that may be used in the manufacture of biological and toxin weapons as listed in Annexures A and B to this Notice, to be controlled goods. |
| 3. | I hereby declare— |
| (a) | in terms of section 13(2)(a) and (e) of the Act and pursuant to South Africa's obligations under the Biological and Toxin Weapons Convention, further prohibit— |
| (i) | the import, export, re-export, transit (including transshipment), possession, development, manufacture, production, acquisition in any manner, use, operation, stockpiling, maintenance, transport, disposal, sale, and retention of biological weapons; |
| (ii) | any person to assist, encourage or to induce any State, group of States, international organisations or non-State actors to manufacture or otherwise acquire biological weapons; |
| (b) | in terms of section 13(2)(b) of the Act, determine that the export, re-export or transit (including transshipment) of controlled goods listed in the annexures to this Notice, shall take place under a permit issued by the Council. A permit is not required for quantities of 5 milligrams or less of saxitoxin, if the transfer is made for medical or diagnostic purposes, in which case a notification to that effect shall be made to the Council 21 days before the transfer. |
| (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 controlled goods listed in the annexures to this Notice; and |
| (d) | in terms of section 13(2)(d) of the Act, determine that all transport of controlled goods within the Republic of South Africa be declared to the Council within 21 calendar days of such transportation. The agents, as listed in Annexure A in an inactivated form, are exempted from permit requirements specified in section 3(b) above, however the notification requirement still applies for the transportation. |
| (e) | For the export, re-export and transit (including transshipment) and domestic transfer of the agents listed in Annexure A in an inactivated form, an inactivation/ destruction certificate should be provided. |