The following Regulations and Government Notices were promulgated on 03 February 2010 in the Government Gazette the previous Regulation or Government Notices replaced by it is given in brackets:

• Government Notice R.16 of 03 February 2010: Regulations relating to the registration of persons in control of any activity with regard to controlled goods or who have controlled goods in their possession or custody or under their control - (New Regulation)
• Government Notice R.17 of 03 February 2010: Regulations regarding the application of provisions of the Chemical Weapons Convention - (Replace: Government Notice No. R. 705 of 23 May 1997, as amended by Government Notice No. R. 77 of 29 January 2004)
• Government Notice No. 18 of 03 February 2010: Declaration of certain chemical goods as controlled goods and control measures applicable to such goods - (Replace: Government Notice No. 152 of 29 January 2003)
• Government Notice No. 19 of 03 February 2010: Declaration of certain biological goods and technologies as controlled goods and control measures applicable to such goods - (Replace: Government Notice No. 712 of 08 June 2004)
• Government Notice No. 20 of 03 February 2010: Declaration of certain nuclear-related dual-use equipment, materials and software and related technology as controlled goods, and control measures applicable to such goods - (Replace: Government Notice No. 430 of 10 April 2002)
• Government Notice No. 21 of 03 February 2010: Additional declaration of certain nuclear-related dual-use equipment, materials and software and related technology as controlled goods, and control measures applicable to such goods - (Replace: Government Notice No. 310 of 11 April 2007)
• Government Notice No. 22 of 03 February 2010: Declaration of certain missile technology and related items as controlled goods and control measures applicable to such goods - (Replace: Government Notice No. 311 of 11 April 2007)
Implications for Industry

Registration

Prior to the promulgation of Government Notice No. R.16 of 03 February 2010, persons in control of any activity with regard to controlled goods or who have controlled goods in their possession or custody or under their control registered according to the broad guidelines stipulated in the Non-Proliferation Act.

The processes and procedures for registration, including the registration form has now been prescribed in the new regulation. However, registration is not just a once-off process as was done previously. The following should be noted:

• The registration form has been published as part of the regulation;
• Registration with the Council would be valid for a period of two years;
• Registration may be renewed by the submission of a new registration form two months prior to the expiry date of the registration;
• Registered persons shall notify the Council within 14 days of any changes to the information contained in such a person's registration form.

Main differences to new Regulations and Government Notices

The following are summaries of the changes to the Chemical Regulation and Government Notices promulgated on 03 February 2010 and DOES NOT in any manner replace the published Government Notices.

Kindly be advised that Comparison Documents, together with the corresponding Government Notice, indicating the amendments that have been effected by the publication of the relevant Government Notice, can be accessed on the Legislation page.

Common Amendments to all Government Notices

The following amendments have been made to all the Government Notices as listed above:

• Definitions have been added to align the Government Notice requirements with the Non-Proliferation Act and its other Government Notices and Regulations;
• Stipulates permit requirements more clearly;
• Stipulates end use requirements more clearly;
• Prohibits certain activities; and
• Control the manufacture of and provision of services with regard to certain controlled goods.

In addition to these common amendments, there are specific changes which were effected to each of the Government Notices and the Chemical Regulation.

Chemicals, Related Goods and Technologies

The Government Notice and Regulation that related to the control of chemical related goods and technologies and stipulated the control measures related thereto were amended to ensure alignment with the Non-Proliferation Act; to simplify the manner in which the requirements are stipulated to ensure better understanding; and to ensure alignment with recent developments and decisions taken at international forums relating to the control of chemicals such as the Chemical Weapons Convention.

The new amended Regulation: Government Notice No. R. 17 of 03 February 2010 covers the following aspects, in addition to the common amendments listed above:

• Declarations of controlled goods;
• Facility agreements in terms of the Chemical Weapons Convention; and
• Inspections in terms of the Chemical Weapons Convention.

The new amended Government Notice No. 18 of 03 February 2010 covers the following aspects and changes, in addition to the common amendments listed above:

• Contains lists of goods declared as controlled goods and stipulates related control thresholds:
  • Annexure D was expanded to add further chemicals that are controlled in terms of export.
  • Annexures E and F are new lists of chemicals that are controlled in terms of export.
Nuclear Related Goods and Technologies

The Government Notices that related to the control of nuclear related goods and technologies and stipulated the control measures related thereto were amended. Both the new amended Government Notice No. 20 of 03 February 2010 and new amended Government Notice No. 21 of 03 February 2010 has the following changes, in addition to the common amendments listed above:

• Certain nuclear related dual use software has been declared as controlled goods.

Further, the new amended Government Notice No. 20 of 03 February 2010 has the following changes:

• There are additions to the "Declaration", "Definitions" and modifications to the Items 1, 3 and 5 and the related Note and Technical Notes to these Items as well as the SI Units.

Further, the new amended Government Notice No. 21 of 03 February 2010 has the following changes:

• Replaced "Stable Isotopes" with "Other elements" to more precisely define the scope covered by the word.
Biological Pathogens, Related Goods and Technologies

The Government Notice that related to the control of biological related goods and technologies and stipulated the control measures related thereto was amended. The new amended Government Notice No. 19 of 03 February 2010 has the following changes, in addition to the common amendments listed above:

• Declaration of transport of controlled goods within the country is now required;
• Annexure A was amended with regard to the list of pathogens that are controlled in terms of export; and
• Annexure B was amended with regard to the list of equipment that are controlled in terms of export.
Delivery Systems, Related Goods and Technologies

The Government Notice that related to the control of missiles, delivery systems and related goods and technologies and stipulated the control measures related thereto was amended. The new amended Government Notice No. 22 of 03 February 2010 has the following changes, in addition to the common amendments listed above:

• There are additions to the "Declaration", the "Definitions" and new items that have been listed in Items 3, 4, 9, and 15. New Notes and Technical Notes have been added to Items 3, 4, 6, 12 and 15. Units, Constants, Acronyms & Abbreviations and the Table of Conversions have also been added.
• Prohibits the transfer of Category 1 production facilities.
• Component parts have been included in the definition of controlled goods.