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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Notices

Export Control - 2012

Notice No. R. 92 of 2012

 

Notice No. R. 92

10 February 2012

GG 35007

 

Economic Development Department

 

International Trade Administration Commission of South Africa

 

I, Ebrahim Patel in my capacity as Minister of Economic Development, acting under the powers vested in me by Section 6 of the International Trade Administration Act, (Act 71 of 2002)—

 

(I)        Hereby prescribe that—

(a) goods described in Schedules 1, 2, 3, 4A and 4B shall not be exported from the Republic of South Africa except by virtue of an export permit issued in terms of Section 6 of the said International Trade Administration Act, 2002, and in which export permit such goods are specifically described;

[Paragraph l(a) substituted by section 1 of Notice No. R.667, GG43432, dated 11 June 2020]

 

(II) Notwithstanding the provisions of paragraph (I)(a) above, no export permit shall be necessary for the exportation of the following goods from the Republic of South Africa:
(a) goods landed for transit through the Republic;
(b) goods (excluding motor vehicles) exported as household or personal effects for the personal use by a natural person leaving the Republic permanently;
(c) goods (excluding motor vehicles) exported as bona fide gifts at own cost by a natural person in the Republic to a designated natural person living outside the common customs area;
(d) samples of no commercial value;
(e) goods which are imported into the Republic for repair or maintenance and, after such repair or maintenance, exported to the original consignor.
(f) vehicles of South Africa origin, vehicles imported as new into South Africa and vehicles legally imported into South Africa against a valid import permit issued in terms of Section 6 of the International Trade Administration Act (71 of 2002) exported to any member of SACU.
(g) Goods in Schedule 4B:
(i) exported to a private individual under a medical prescription;
(ii) exported for clinical trials; or
(iii) exported to SACU member countries.

[Paragraph ll(g) inserted by Notice No. R.667, GG43432, dated 11 June 2020]

 

(lll) The code letters in column 2 of Schedules 1, 2 and 3 indicate the Government Departments and institutions that act as Controlling Authorities. All applications must be submitted to the various Government Departments and institutions for a recommendation before submitting the application to the International Trade Administration Commission. The code letters and the Government Departments or institutions involved, are as follows:

 

A - Department of Agriculture, Forestry and Fisheries.

I - International Trade Administration Commission of South Africa.

M - Department of Mineral Resources.

H - Department of Health.

E - Department of Energy.

P - South African Police Service

EA - Department of Environmental Affairs

T - Department of Trade, Industry and Competition

[Paragraph lll substituted by Notice No. R.2803, GG47627, dated 30 November 2022]

 

(lllA) The code "DTIC" in column 2 of Schedule 4 indicates that the Department of Trade, Industry and Competition as well as any other department (the Line Department) as determined by the Minister of Trade, Industry and Competition must be consulted by the International Trade Administration Commission (ITAC) upon receipt of an application and the DTIC and /or the Line Department must provide a recommendation to ITAC before a determination on an application for an export permit can be considered by ITAC. If no recommendation is received from the DTIC and /or the Line Department within a period of ten (10) working days, or such an extended time period as requested, from the date of the request, it will be deemed that a recommendation will have been made that there is no objection to the issuing of an export permit.

[Paragraph lllA inserted by section 3 of Notice No. R.424, GG43177, dated 27 March 2020]

 

(IV) An export permit is, notwithstanding the conditions mentioned in the permit, subject to the following conditions:
(a) only goods specified in the permit may be exported;
(b) the permit may not in any manner be transferred by the holder thereof to any other person or may not be used to the benefit of anyone not referred to in the permit;
(c) the permit shall be valid for a maximum period of six months from the date of issue or for such shorter period as indicated on the permit.

 

(V) Nothing contained in this notice shall absolve an exporter from the obligation of also complying with the provisions of other legislation relating to the exportation of goods from the Republic of South Africa.

 

(VI) Hereby withdraw Government Notice R. 672 of 20 June 2008.

 

(VII) Hereby determine that this notice shall come into operation with effect from 1 January 2012

 

(VIII) A permit issued in terms of Government Notice R. 672 and valid before this notice came into operation, must be regarded as a permit issued in terms of this Government Notice.