INTERNATIONAL TRADE ADMINISTRATION COMMISSION OF SOUTH AFRICA
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EXPORT CONTROL
Import and Export Control

The International Trade Administration Act makes provision for control, through a permit system, of the import and export of goods specified by regulation. The primary function of this directorate is the administration of the provisions of the International Trade Administration Act (Act 71 of 2003) with regard to the issuing of import and export permits in terms of Section 6 of the Act and investigations and enforcement in terms of part E of the Act.

Import Control

The Minister may, by notice in the Gazette, prescribe that no goods of a specified class or kind, or no goods other than goods of a specified class or kind may be (a) imported into the Republic; or (b) imported into the Republic, except under the authority of, and in accordance with the conditions stated in a permit issued by the Commission.

In the administration of the relevant provisions of the ITA Act, by Import and Export Control a distinction is drawn between the importation of new goods on the one and used, second hand and waste and scrap on the other hand. With regard to new goods, 208 tariff sub-headings are subject to import control measures. These tariff items pertain to fish and fish products, oils and other fossil fuels inorganic acids, radio active chemical elements, hydrocarbons, tyres, base metals, fire arms and ammunition, gambling machines and other miscellaneous chemicals ethers and carboxylic acids.

The importation of all used and second hand goods on the other hand are subject to control measures.

The purpose of import control is
  1. to ensure that used and second hand goods do not erode the manufacturing SACU industry and the job opportunities in this industry.
  2. to ensure that industry sensitive goods are imported in a regulated manner.
  3. to ensure that there is compliance with environmental requirements.
  4. to assist agencies with the enforcement of other legislation such as safety.
  5. to ensure compliance with the provisions of International Agreements.
Export Control

177 tariff lines are subject to export control measures.

The purpose of export control is.

These tariff lines pertain to the forestry sector, minerals, industrial goods, motor vehicles, health and fossil fuels.
  1. to control the exportation of goods regarded as raw materials for manufacturing purposes
  2. to control the exportation of goods regarded as being of strategic nature.
  3. to control the exportation of goods regarded as being of national interest.
  4. to control the exportation of goods regarded as being national assets.
  5. to control in terms of international agreement.
  6. to control the exportation of goods in the process of crime prevention
  7. to control the exportation of goods to ensure that the strategies of beneficiation of minerals and semi precious stones occur prior to exportation.
The investigations unit is also responsible for enforcement of the act, ensuring compliance with the conditions contained in permits, compliance with provisions of the act and to curtail contraventions of the act.
I, Alec Erwin, in my capacity as Minister of Trade and Industry, 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 and 3 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 such goods are specifically described;

(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.

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

I – International Trade Administration

Commission of South Africa.

M - Department of Minerals and Energy. H – Department of Health.

E – Department of Environmental Affairs and Tourism.

W – Department of Water Affairs and Forestry.

S – South African Police Service

(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 R2263 of 14 August 1992, as amended.