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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

 

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 the goods listed in paragraph 4 of, and in the Annexures to this Notice to be controlled goods.

 

3. I hereby—

 

(a) in terms of section 13(2)(a) and (e) of the Act and pursuant to South Africa's obligations under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, further prohibit—
(i) the development, production, acquisition, stockpiling or retention of chemical weapons or the transfer, whether direct or indirect, of chemical weapons to any person;
(ii) the use of chemical weapons;
(iii) engagement in any military preparations to use chemical weapons;
(iv) the assistance, encouragement or induction, in any way, of any person to engage in any activity prohibited under the Chemical Weapons Convention;
(v) the use of riot control agents as a method of warfare; and
(vi) the export or re-export of the toxic chemicals or precursors listed in Annexures A and B, whether in substantially pure form or in a mixture with any other substance, to countries which are not States Parties to the Chemical Weapons Convention.

 

(b) in terms of section 13(2)(b) of the Act, determine that the import, export, re export or transit (including transhipment) of the controlled goods, as listed in Annexures A, B, C and E 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 before the transfer, as per requirements stipulated under Section 3(i) of this notice;

 

Note:

For items listed in Annexure E to this Notice whether in substantially pure form or in a mixture with any other substance, a permit is not required for products identified as consumer goods packaged for retail sale for personal use or packaged for individual use

 

(c) in terms of section 13(2)(b) of the Act, determine that the transit (including transhipment), export or re-export of the controlled goods, as listed in Annexures D and F to this Notice, shall take place under a permit issued by the Council;

 

(d) in terms of section 13(2)(b) of the Act, determine that the internal (intranational) transfer of chemicals listed in Annexure A to this Notice, shall take place under a permit issued by the Council;

 

(e) 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 Annexures to this Notice;

 

(f) in terms of section 13(2)(c) of the Act, determine that the Council shall require an end-user or end-use certificate for the export or re-export of the controlled goods listed in Annexure C to this Notice, whether in substantially pure form or in a mixture with any other substance in a concentration of greater than or equal to 30 per cent by weight, to countries which are not States Parties to the Chemical Weapons  Convention;

 

(g) in terms of section 13(2)(c) of the Act, determine that the Council shall require an end-user or end-use certificate for the export or re-export of the controlled goods listed in Annexure E to this Notice, whether in substantially pure form or in a mixture with any other substance except in products identified as consumer goods packaged for retail sale for personal use or packaged for individual use;

 

(h) in terms of section  13(2)(f) of the Act, determine that the manufacture of, and provision of services with respect to, controlled goods listed in Annexure A to this Notice shall take place under a permit issued by the Council; and

 

(i) in terms of section 13(3)(b) of the Act determine that the Council should, not less than 60 days before the transfer of controlled goods listed in Annexure A to or from another State Party, be notified of the transfer.