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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 2 : Trade policy

4. Implementation of SACU agreement

 

(1) The Minister is the head representative of the Republic to the SACU Council.

 

(2) The Minister may—
(a) assign representatives of the Republic to any institution constituted by or in terms of the SACU Agreement; and
(b) exercise any right of the Republic in terms of the SACU Agreement to nominate or appoint persons to fill any office constituted by or in terms of the SACU Agreement.

 

(3) The Minister is the head representative of the Republic in any consultations with Member States individually or collectively as contemplated in the SACU Agreement and represents the Republic in any consultations arising in terms of Article 13(4) and (5) and Article 15.

 

(4) The Commission may, in accordance with this Act, exercise the right of the Republic to grant a rebate of customs duties, as contemplated in Article 20(3).

 

(5) SACU is recognised as a juristic person for all purposes of law within the Republic.

 

(6) The Minister may refer any decision of the SACU Council of Ministers that concerns customs duties or other measures to the Minister of Finance as a request contemplated in the Customs and Excise Act.

 

(7) The Minister must, by notice in the Gazette, publish—
(a) for information any recommendation of the Tariff Board; and
(b) any decision by the SACU Council of Ministers that directly affects the import of goods into, or export of goods from, the Republic.

 

(8) The Minister may, by notice in the Gazette, publish any policy mandate, procedure, guideline formulated by the SACU Council of Ministers or application being dealt with by a SACU Member State.

 

[Date of commencement of section 4: to be proclaimed]

 

 


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