| (1) |
An application to export unwrought or semi-fabricated precious metals, as contemplated in section 12 of the Act, must be completed in the form of Form EA contained in Annexure C, and must contain — |
| (a) |
in the case of a natural person, the name, surname and identity number of the applicant; or |
| (b) |
in the case of a company or close corporation, the name and registration number of the company or close corporation; and |
| (c) |
the period for which the applicant intends to export such precious metal; |
| (d) |
if known to the applicant at the time of lodging the application, the quantity, fineness, form and value of the precious metal to be exported; |
| (e) |
if known to the applicant at the time of lodging the application, the port or ports through which such precious metal is to be exported; |
| (f) |
if known to the applicant at the time of lodging the application, the country or countries to which such precious metal is to be exported; |
| (g) |
if known at the time of lodging the application, the purpose of the export of such precious metal; |
| (h) |
where the application relates to the export of precious metals in terms of a contract concluded or about to be concluded by the applicant, a copy of those parts of the contract or draft contract, if any, reflecting the terms relating to the volume of the precious metals to be exported, the period during which the contract will apply and the conditions relating to the delivery of the precious metals or, where the contract is not in writing, a summary of those terms of the contract referred to above; |
| (i) |
projections of the total monthly production relative to the projected monthly sales of the precious metals that the applicant wishes to export during the period referred to in subregulation (1)(d), demonstrating that the applicant is able to contribute towards satisfying the anticipated local demand for the precious metals concerned; and |
| (j) |
particulars of any criminal record in respect of any offence for which the holder has been convicted in terms of the Act or any other law. |
| (2) |
The following documents must be lodged together with an application contemplated in subregulation (1): |
| (a) |
In the case of a natural person, a certified copy of the applicant's identity document; or |
| (b) |
in the case of a company or close corporation, certified copies of a certificate of incorporation and the articles of association or founding statement; and |
| (c) |
documentary proof of the applicant's registered business premises; and |
| (d) |
an original police clearance certificate of the applicant or, in the case of a company or close corporation, of any director or member involved in the management of the company or close corporation. |
| (3) |
The Minister may, within 30 days of the lodgement of an application, issue an approval to export if— |
| (a) |
the applicant has provided information to the satisfaction of the Minister that provision has been made to meet local demand for the beneficiation of unwrought and semi-fabricated precious metals as local demand may indicate, and that there are reasonable grounds to believe that such local demand will continue to be met during the period for which the consent to export is valid; |
[Paragraph (a) amended by regulation 7 of Notice No. R. 387 dated 4 April 2008]
| (b) |
in the case of gold, the National Treasury has given its approval. |
Mandating Procedures of Provinces Act, 2008
