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

Declarations

Declaration of certain Nuclear-Related Dual-Use Equipment, Materials and 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 and Industry, 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) the goods listed in paragraph 4(1) of this noticed to be controlled;

 

(b) the services with regard to goods indicated in paragraph 4(1) of this noticed to be controlled; and

 

(c) that the implementation of the controls contained herein, on the controlled goods shall be subject to consideration of the Nuclear Suppliers Group Guidelines for Isotope Separation Activities involving "Other Elements" 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.

 

(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 paragraph 4(1) of this notice shall take place only 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;

 

(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; and

 

(d) in terms of section 13(2)(f) of the Act, determine that the manufacture of, and provision of services with regard to, such controlled goods shall take place under a permit issued by the Council.