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| Question | Answer |
| 1. What is an End User Certificate (EUC)? | An End User Certificate (EUC) is a clear written
undertaking of a buyer
/ importer in a foreign country that any controlled goods transferred from
South Africa, is for its sole use. Furthermore, that the buyer / importer
has to certify that the controlled goods is not destined for transfer or
re-export to any other entity or State in its original form, without the
prior written consent of the relevant South African authority. Such consent
will have to be obtained from the relevant South African Authority in terms
of the applicable South African legislation:
Note: The EUC must be an original document. |
| 2. What should the EUC contain? | The EUC identify the transferred controlled goods as well as the quantity
of the controlled goods. The information pertaining to the controlled goods
on the EUC must correspond with the order from the buyer / importer regarding
the specific transaction of the controlled goods (this includes any Annexes).
The EUC must at all times bear witness of:
It must include an official stamp and or seal legalizing (authenticating) the EUC by the appointed Government authority in the buyer / importer's country indicating that it is an authentic document. The foreign buyer / importer has to declare in the EUC that no controlled goods obtained from South Africa will be transferred or re-exported to any other entity in or outside the buyer / importer's Country without the prior consent of the relevant South African Authority. It has to state that the controlled goods will not be used for the development of weapons of mass destruction programmes. It must also state that the controlled goods will not be transferred or re-exported to any country or entity, against which a United Nations Security Council Arms Embargo has been imposed or who have been identified as a terrorist organisation. |
| 3. Who is responsible for obtaining the EUC? | It is at all times the responsibility of the seller / exporter in South Africa to obtain the EUC from the buyer / importer in the foreign country. Such an EUC must be legalise (authenticated). |
| 4. What does Legalisation (Authentication) of an EUC encompass? | Legalisation means the formality
by which the diplomatic or consular
agents of the country in which the document has to be produced certify
the authenticity of the signature, the capacity in which the person
signing the document has acted and, where appropriate, the identity
of the seal or stamp which it bears.
If the buyer / importer's country is a State Party to the "Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (Concluded October 5, 1961, hereafter referred to as the "The Hague Convention")", the legally appointed State Authority in the buyer's or importer's country may legalise (authenticate) the EUC with the prescribed Apostile Stamp of the "Convention". |
| 5. Which South African Authority is the final authority to legalise (authenticate) foreign EUC's on behalf of the State? | The Department of Foreign
Affairs' (DFA's) Consular and Agency Services in Pretoria.
Address:
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| 6. Will an EUC bearing an Apostile Stamp be accepted? | According to the "Hague Convention", EUC's from the importing country bearing the Apostile Stamp, must be accepted by the exporting country as authentic. |
| 7. How can I keep track when new countries join the Hague Convention? | The easiest way to find out whether a new country has become a party to the Hague Convention is to check out the web site on the Internet for the Hague Conference on Private International Law at www.hcch.net for up to date information about recent accessions to the Convention. |
| 8. What are the possible routes to follow to have an EUC legalised (authenticated) in cases where countries are not State Parties to The Hague Convention? |
Route 1:
Industry should have the South African Mission accredited in the foreign buyer's or importer's country authenticate the verified EUC after which DFA's Consular and Agency Services in Pretoria will certify the South African Mission's authentication of the EUC. Note: This is the preferred route for a South African exporter to follow. |
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Route 2:
The foreign buyer's / importer's local foreign Embassy/High Commission in South Africa could be approached to legalise (authenticate) the EUC after which the EUC will finally be legalised (authenticated) by DFA's Consular and Agency Services in Pretoria. |
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Route 3:
In cases where South Africa does not have physical representation in a foreign buyer's / importer's country, and the foreign buyer / importer's country is not represented in South Africa, industry may utilise the Foreign Embassy/High Commission in South Africa that is accredited to the relevant country. The Department of Foreign Affairs Website could be accessed for a complete list of South African Missions, and/or foreign representation in South Africa. The Website address is www.dfa.gov.za. Note: The procedure is similar to that in Route 2. |
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| After the importer's local
Embassy/High Commission has legalised
(authenticated) the EUC, DFA's Consular and Agency Services then
finally legalises (authenticates) the signature of the Ambassador,
High Commissioner or the delegated official at the Mission, which
appears on the EUC.
The DFA's Consular and Agency Services keeps specimen copies of the signatures of Heads of Foreign Missions and or their delegated official(s) in South Africa. Should the Head of Mission or the delegated official's specimen signature(s) not be on record at the DFA's Consular and Agency Services, a Note Verbale should be forwarded by the Head of the Foreign Mission in South Africa to the DFA's Consular and Agency Services containing the specimen signatures. Industry may be aware that there are other legal means to legalise (authenticate) documentation in South Africa. Due to the nature of the controlled goods and technology indicated in the above-mentioned Acts, the procedure to authenticate EUC's as described above should be followed, the cost of which will be minimal to industry. |
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