Child Justice Act, 2008
R 385
Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 1993)DeclarationsDeclaration of certain Chemical Goods as Controlled Goods and Control Measures applicale to such Goods2 - 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), 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 Chemical Weapons Convention, 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; |
(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. |