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

Declarations

Declaration of Nuclear-Related Dual-Use Equipment, Materials, Software and Related Technology as Controlled Goods, and Control Measures applicable to such Goods

2 - 3. Declaration

 

(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 Annex:  List of Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology as contained in the International Atomic Energy Agency (IAEA) INFCIRC/254/Rev.12/Part 2a (Corrected) dated 29 July 2022, hereinafter referred to as the NSG Part 2 Guidelines, 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,  shall be subject to consideration of the Nuclear Suppliers Group Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software, and related Technology, as contained in the NSG Part 2 Guidelines, as published on the Council website at http://non-proliferation.thedtic.gov.za/, and any other obligation required in terms of section 6(1) of the Act ;

 

(c) the services with regard to goods indicated in paragraph 3(c) of this notice to be controlled;

 

(d) the component parts contemplated in Item 4 of the General Note of the NSG Part 2 Guidelines to be controlled; and

 

(e) the import, export and transit of items listed on NSG Part 2 Guidelines shall take place under a permit issued by the Council.

 

(3) I hereby—

 

(a) in terms of section 13(2)(b) of the Act, further determine that the import, export, re-export and transit (including transshipment) of the controlled goods, as listed in the NSG Part 2 Guidelines, may only take place under a permit issued by the Council;

 

(b) 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 as listed in the NSG Part 2 Guidelines;

 

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

 

(d) in terms of section 13(2)(f) of the Act, determine that the manufacture of, and provision of, services with regard to controlled goods listed in Items 2.E.1, 3.B.5, 3.E.1, 4.B.2, and 4.E.1 of the NSG Part 2 Guidelines, shall take place under a permit issued by the Council.