IMPORT AND EXPORT CONTROL

1 IMPORT AND EXPORT CONTROLI nternational Trade Administration Commission of South AfricaImport & EXPORT CONTROL :Brochure 4/7/11 12:42 PM Page iImport & EXPORT CONTROL :Brochure 4/7/11 12:42 PM Page 12 IMPORT AND EXPORT CONTROLThis pamphlet is designed to introduce South africa s Importand EXPORT CONTROL measures administered by theInternational Trade Administration Commission of SouthAfrica (ITAC) in terms of Section 6 of the International TradeAdministration Act, 2002, (Act 71 of 2002).The International Trade Administration Commission (ITAC orCommission) is the authority responsible for enforcementand administration of IMPORT and EXPORT CONTROL measures interms of the fulfill its mandate, ITAC established partnerships with other government departments and agencies such as the Departments of Environmental Affairs (DEA), MineralResources, Energy, Health, Agriculture, Forestry and Fisheries,and the National Regulator for Compulsory Specifications(NRCS) and the South African Police Services (SAPS).

2 IMPORT and EXPORT CONTROL measures are applied to enforcehealth, environmental, security and safety, and technicalstandards that arise from domestic laws and InternationalAgreements such as the Montreal Protocol on Substancesthat Deplete the Ozone Layer, the Basel Convention on theControl of Transboundary Movements of Hazardous Wastesand Their Disposal, and the 1988 UN Convention Against theIllicit Traffic in Narcotic Drugs and Psychotropic IMPORT and EXPORT CONTROL measures or restrictions arelimited to those allowed under the relevant World TradeOrganization (WTO) of approximately 6 650 tariff lines in the South Africanversion of the International Harmonised Commodity DescriptionImport & EXPORT CONTROL :Brochure 4/7/11 12:43 PM Page 2 IMPORT AND EXPORT CONTROL3and Coding System, there are 276 tariff lines under importcontrol and 177 tariff lines that are under EXPORT for the importation of all used or second-handgoods, an IMPORT permit is list of goods that are subject to IMPORT CONTROL and exportcontrol measures is available on the ITAC website( ).

3 If you submit your contact details, the listcan also be emailed, faxed or mailed to ROLE OF THE IMPORT ANDEXPORT CONTROL UNIT The key role of IMPORT and EXPORT CONTROL is essentially toenforce health, environmental, security and safety, andtechnical standards that arise from domestic laws andInternational is are conducted to ensure effective compliancewith the conditions contained in permits, compliance withprovision of the Regulations and for detection of contraventionsof the Act. IMPORT CONTROL If you want to IMPORT controlled goods into South africa , youneed permission from the International Trade AdministrationCommission (ITAC). To IMPORT such goods, you have to apply to ITAC for animport permit.

4 In the administration of the relevant provisionsof the ITA Act, by IMPORT and EXPORT CONTROL a distinction isdrawn between the importation of new goods and usedgoods, second-hand goods and waste and & EXPORT CONTROL :Brochure 4/7/11 12:43 PM Page 34 Some of the products subject to IMPORT CONTROL include: RADIOACTIVE CHEMICAL ELEMENTSC ontrol is exercised to assist the Department of Health(radiation CONTROL ) to CONTROL and monitor the importation ofradioactive isotapes and chemical elements for medical andindustrial PNEUMATIC TYRESC ontrol is exercised to assist the National Regulator forCompulsory Specifications (NRCS) in ensuring that all newpneumatic tyres comply with the safety/quality specificationand that tyres have been subjected to a process of LISTED IN THE 1988 CONVENTIONC ontrol is exercised to assist the SAPS in ensuring thatimporters of listed chemicals are recorded and themovements of these chemicals are adequately monitored asrequired by the FUELSF ossil fuels are controlled to assist the Department of MineralResources in regulating the industry for purposes of promotingefficient manufacturing, wholesaling and retailing of petroleumproducts, creating an environment for investment.

5 And creatingsmall business and employment opportunities in the AND AMMUNITIONArms and ammunition is controlled to assist the SAPS withmaintaining safety and DEVICESG ambling devices are controlled for social reasons andquality. It is also done to assist the National Gambling BoardImport & EXPORT CONTROL :Brochure 4/7/11 12:43 PM Page 4 IMPORT AND EXPORT CONTROL5in the development of the industry with specific reference tomanufacturing and Information Technology and to ensurecompliance with NRCS GOODS Used electronic equipmentUsed electronic equipment is controlled to assist theDepartment of Environmental Affairs to address theproblem of dumping electronic waste.

6 Used medical equipmentUsed medical equipment is controlled to assist theDepartment of Health to address the problem of inferiorquality used medical equipment being imported, such asused x-ray machines. Used aircraftThe importation of used aircraft is controlled to assist theCivil Aviation Authority and ensuring that the requirementsof airworthiness have been complied with. Waste and scrapWaste and scrap is controlled as the generation of wasteand scrap exceeds recycling programmes resulting inmany developed countries paying developing countries forreceiving waste and scrap for purpose of landfill. In many instances the importation of waste and scrap isallowed as a raw material for manufacturing purposes suchas waste paper, glass, rubber and lead.

7 In all theseinstances, the provisions of the Basel Convention must becomplied & EXPORT CONTROL :Brochure 4/7/11 12:43 PM Page 56 EXPORT CONTROLTo EXPORT certain goods out of South africa , you must have apermit ensuring that you comply with applicable EXPORT controlmeasures. The EXPORT of some goods may be restricted tosupport strategies of beneficiation or to assist localmanufacturers to obtain raw materials before they are EXPORT permit is required to ensure that goods exported byan individual or organisation comply with the provisions ofinternational agreements. EXPORT permits also help to controlthe outflow of goods of a strategic nature and to curb theexportation of smuggled and stolen policy that applies to the EXPORT of goods differs fromsector to sector.

8 Policy information regarding the EXPORT ofspecific goods can be obtained from the IMPORT and ExportControl Unit at ITAC. Though as indicated, not all goods orproducts are subject to EXPORT CONTROL measures. Some of the products subject to EXPORT CONTROL measuresinclude: Tiger s eye and suguliteThe exportation of precious stones, such as tiger s eye andsugulite is controlled to assist the Department of MineralResources with strategies of domestic beneficiation. Raw materials for manufacturingThe exportation of ferrous and non-ferrous waste andscrap, for example, inter alia, is controlled to assist thelocal foundries in acquiring ferrous and non-ferrous wasteand scrap prior to its & EXPORT CONTROL :Brochure 4/7/11 12:43 PM Page 67 Assisting strategies for crime preventionThe exportation of used motor vehicles is controlled toassist law enforcement agencies in curtailing theexportation of used, stolen motor vehicles.

9 CONTROL in terms of international agreementsExport CONTROL measures are also exercised to comply withthe provisions of the international agreements outlined above. LEGISLATIONThe following legislation and provisions applies to animporter or exporter only in cases where an IMPORT andexport permit is required: International Trade AdministrationAct, 2002, (Act 71 of 2002).Customs and Excise Act, 1964, (Act 91 of 1964).Promotion to Administrative Justice Act, 2000, (Act 3 of 2000).Promotion to Access to Information Act, 2000, (Act 2 of 2000).HOW TO APPLY AND THEPROCESSING PROCEDURESA pplication forms for both IMPORT and EXPORT permits areavailable on the website ( ). They may befaxed to (012) 394 517 or delivered directly to the office.

10 Theturnaround time for processing an application is 3 5 workingdays on average for IMPORT permits and 2 working days onaverage for EXPORT permits, with an exception of exportpermits for scrap metals, which take 10 working days forcirculation, plus time for processing and some instances, the applications require supportdocumentation from other departments (DEA, MineralResources Energy, Agriculture, Forestry and Fisheries,NRCS and SAPS), depending on the product in question. IMPORT & EXPORT CONTROL :Brochure 4/7/11 12:43 PM Page 78 EXPORT CONTROL PROCESSP rocess Flow: Exportation of ferrous and non ferroussteel waste and IE 230 Approve applica onRequest of outstandinginforma onEndorse requestfor addi onalinforma onLe er to applicantreques ng outstandinginforma onFirst Adjudicatorapproving permiton electronicpermit systemEndorse approvalApproved applica onto Registry for capturingCompile a list of all applica onsand distribute it to all relevantassocia ons for 10 workingdays.