Legislation and Regulations:

South African Legislation on Non-Proliferation of WMD
The Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), hereafter referred to as The Act, as amended in 1995, 1996 and 2005 was promulgated “To provide for control over weapons of mass destruction; and the establishment of a Council to control and manage matters relating to the proliferation of such weapons in the Republic; to determine its objects and functions; to prescribe the manner in which it is to be managed and controlled; as well as to provide for matters connected therewith”.

Subject to Section 2 of the Act, the Minister of Trade and Industry may, by notice in the Government Gazette, determine the general policy to be followed.

In terms of Section 4 of the Act, the South African Council for the Non-Proliferation of Weapons of Mass Destruction (the Council) was established.

In terms of Section 6 of the Act, the Council shall; on behalf of the State, protect the interests, carry out the responsibilities and fulfill the obligations of the Republic with regard to non-proliferation, and advise the Minister of Trade and Industry with regard to any matter which it deems necessary and which falls within the purview of this Act.  The Section also states, amongst others, the other functions of the Council:

  • Overall Responsibility;
    Control and manage all activities relating to non-proliferation, and provide guidance, instructions and information in connection therewith;
  • International Co-operation and Obligations
    Supervise and implement matters arising from international conventions, treaties and agreements related to proliferation affairs entered into or ratified by the Government of the Republic;

    Obtain the co-operation of, exchange information with, and give assistance to, governments of other states, as well as foreign and international bodies having objectives similar to those of the Council, and obtain membership of international bodies with such objectives;

  • Co-operation with Government Departments and Institutions.
    Obtain or promote the co-operation of Departments of the Republic and other government institutions.
  • Co-operation with Commerce and Industry.
    Obtain or promote the co-operation of representatives of any branch of commerce and industry and other persons concerned;
  • Controlled Activities and Goods
    To identify and indicate to the Minister of Trade and Industry goods to be declared controlled goods and activities including means of transit or re-export, including those relating to goods in bond;

    Prohibit the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, import, export, re-export or transport or disposal by any means of specified goods and activities.

    Determine that the manufacture, procurement in any manner, use, operation, stockpiling, maintenance, import, export, re-export, transit, transport or disposal by any means of specified goods may only take place under a permit issued by the Council

  • Registration and Permits
    Administer the registration of any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods.

    Issue and administer permits.

  • Compliance and Enforcement
    Take the necessary steps to prevent the contravention of the provisions of this Act;

    Ensure that the conditions of permits and end-use requirements are met, and take the necessary regulatory steps in this regard;

    Collect all data and samples it may deem necessary from any person who is in control of any activity with regard to controlled goods or who has in his possession or custody or under his control controlled goods, and make declarations as contemplated in the Act

    Institute and co-ordinate investigations, carry out and coordinate inspections and verifications;

    Verify that controlled goods, which are subject to end-use conditions and are imported, are delivered, retained and used in accordance with such conditions and for the intended purpose;

    Cause codes of conduct relating to non-proliferation to be framed and issued, and assist any person or Departments of the Republic in the preparation and framing of codes of conduct aimed at non-proliferation.

  • Information
    Give assistance to any person or authority so as to ensure that trade and commercial secrets are not compromised during the execution of activities related to non-proliferation;

    Provide for the publication of information concerning the activities of the Council.

  • General
    Perform any other function with a view to the efficient achievement of the objectives of the Council.

Note:  There is also other South African Legislation that is related to the control of WMD and addresses issues like, i.e. the safe, secure and responsible handling of hazardous/dangerous goods, customs, border control, criminal prosecution, financing of illegal activities, etc.  Read more.

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ACT

The Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993)
[View Document] as amended, is supported by the new regulations and notices as published on 03 February 2010, which is listed below:

REGULATIONS & NOTICES

Registration

  • 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 shall be required to register with the Council in accordance with Government Notice No. R.16 of 03 February 2010. [English]

Missiles

  • The Missile Technology Control Regime Equipment, Technology and Related Items are declared as controlled goods along with the control measures applicable to such controlled goods under the amended Government Notice No. 22 of 03 February 2010. [English]

    For Industry's convenience, the changes and the requirements of the amended Notice are available in a clean document.

Nuclear
  • The Nuclear-Related Dual-Use Equipment, Materials and Software and Related Technology of the Nuclear Suppliers Group are declared as controlled goods along with the control measures applicable to such controlled goods under the amended Government Notice No. 20 of 03 February 2010; [English]

    For Industry's convenience, the changes and the requirements of the amended Notice are available in a clean document.

  • An Additional Notice on the Nuclear-Related Dual-Use Equipment, Materials and Software and Related Technology for the isotope separation of other elements that could be used for Uranium isotope separation has been promulgated on 03 February 2010, Government Notice No. 21. [English]

    For Industry's convenience, the changes and the requirements of this Notice are available in a summary document.

Chemicals
  • Government Notice 754, dated 2 May 1997 - made the Chemical Weapons Convention part of the South African legislation;
  • The Regulation regarding the Application of Provisions of the Chemical Weapons Convention has been promulgated on 03 February 2010, under Government Notice No. R.17 [English] ; also known as the Chemical Weapons Regulations.
  • Various Lists of Chemicals are declared as controlled goods along with the control measures applicable to such goods under the amended Government Notice No. 18 of 03 February 2010. [English]
  • For Industry's convenience, the changes and the requirements of the amended Notice are available in a clean document

Biological

  • Presidential Proclamation No. R.16 of 26 February 2002 made the Biological Weapons Convention part of South African legislation.
  • Biological Goods and Technology are declared as controlled goods along with the control measures applicable to such controlled goods under the amended Government Notice No. 19 of 03 February 2010. [English]

    For Industry's convenience, the changes and the requirements of this the amended Notice are available in a clean document.

Catch-All

  • Government Notice No. R.75 of 29 January 2004, enables the Council to declare goods, that are mentioned in the controlled lists but do not comply fully with the specifications mentioned in either the Regulations or Notices to be controlled.

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