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Nuclear Energy Act, 1999 (Act No. 46 of 1999)

Chapter III Nuclear Non-Proliferation

35. Exportation of source, special nuclear or restricted material or nuclear-related equipment and material

 

1) No person may export any source material, special nuclear material or restricted material or any nuclear-related equipment and material from the Republic except with the written authorisation of the Minister.

 

2) The Minister, having consulted with the South African Council for the Non-Proliferation of Weapons of Mass Destruction on any matter affecting the proliferation of weapons of mass destruction and duly taken into account the provisions of the Nuclear Non-proliferation Treaty, the Safeguards Agreement and the Republic’s obligations under any other treaty or international agreement with another state, may grant any authorisation required by subsection (1) after application made to the Minister in the manner as prescribed for that purpose.

 

3) The authorisation may be granted subject to any conditions (if any) that the Minister may impose. However, where the source material, special nuclear material, restricted material or nuclear-related equipment and material is to be exported-
a) to a nuclear weapons state, the authorisation at all times must be made subject to the condition that the material and equipment concerned may be used for peaceful purposes only;
b) to a non-nuclear weapons state, the authorisation at all times must be made subject to the condition that the material and equipment concerned will be subject to comprehensive international safeguards at all times.

 

4) Where an application for such an authorisation has been refused, the Minister must in writing inform the applicant accordingly, stating the reason for the refusal.