International Trade Administration Act [No. 71 Of 2002]
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Government GazetteREPUBLIC OF SOUTH AFRICAVol. 451Cape Town22January2003No. 24287THE PRESIDENCYNo. 12322 January 2003It is hereby notified that the President hasassented to the following Act, which isherebypublishedforgeneralinformation:–No. 71 of 2002: International TradeAdministration Act, 2002.AIDS HELPLINE: 0800-123-22 Prevention is the cure
2No. 24287Act No. 71,2002INTERKATIONAL TRADE ADMINISTRATION ACT. 2002 *2.(English text signed by the President.)(Assented to 30 December 2002J .To establish. the International Trade Administration Commission; to provide forthe functionsof the Commission andfor the regulationof its procedures;to providefor the implementation of certain aspects of the Southern African CustomsUnion(SACU) Agreementin the Republic; to provide, within the frameworkof the SACUAgreement. for continued controlof import and exportof goods and amendmentofcustoms duties: and to provide for matters connected therewith.BE IT ENACTED by theParliamentfollows:-of theRepublicof South Africa, asTABLE OF CONTENTSCHAPTER 1DEFINITIONS. INTERPRETATIOK, OBJECT AND APPLICATION OF ACT1-315Definitions and interpretationObject of' ActApplication of ActCHAPTER 2TRADE POLICY35610Implementation of SACU AgreementMinister to determine trade policyMinister's power to regulate imports and exportsCHAPTER 3INTERNATIONAL TRADEADMINISTRATION COMMISSION15Part AEstablishment and constitution7891011121313Establishment and independence of CommissionConstitution of CommissionQualifications of membersConduct of membersResignation and removal from officeMeetings and decisions of CommissionChief CommissionerCommittees2025
3 GOVERNMENT GAZETTE. 22 JANUARY 2003No. 24287 Act No. 71.2002INTERNATIONAL TRADEADhlINISTRATION ACT. 2002*0ePart BFunctions of CommissionGeneral functions of vailingdutiesandsafeguardmeasuresIssuing of permits or mation sharing with SACU institutions and Member StatesRelations \vith SACK and Member StatesRelations n,ith domestic agenciesPublic information and reporting510* ,Part CStaff, jinances and administration of CommissionStaff of CommissionFinances of CommissionLiabilityCHAPTER 4IN\'ESTI(;ATION, EYALUATIOX AXD ADJUDICATION PROCEDURESPart AApplications2620ApplicationsPart BImport and export controlpermits and rebate permits3721;29Authorit! of Commission to issue import and export permits and rebate permitsAuthorit!, of Commission to demandinformationtrade1-5Authorit! of Commission to suspend or cancelpermitsPart CCustoms d u h onsideration of allegeddumpingandsubsidisedexports30Part DConjidential information3331353637Right of missionProceedings in contestedclaimsDisclosure of informationRestricteduseofinformation35Part EPowers of investigative search and inspections38Appointment of investigating officers40
6KO.1-4287 12 JANUARY 2003GOVERNMENTGAZETTE. Act No. 71,2002INTERNATIONAL TRADE ADMINISTRATION ACT, 2002r.39404142434445SummonsWitnessesImport and export control inspectionsConduct of entry and searchPower to enter and search under warrantPower to enter and search without warrantPower to enter and searchF Part*05'.'Reviews and appeals4647ReviewsAppealsCHAPTER 5ENFORCEMENT AND OFFENCESVariation of orderStandard of proofBreach of confidenceHindering administration of ActFailure to attend Lvhen summonedFailure to ans\ver full) or truthfullyOther offencesPenaltieshlagistrate's Court jurisdiction to impose penaltiesServing of documentsProof of factsCHAPTER 6152025GEiYER4L l sealAct binds StateTransitional arrangements and repeal of lawsShort title and commencement30SCHEDULE 1SACU AGREEMENTSCHEDULE 2DefinitionsImplementation of SACU AgreementComposition of CommissionPending applications and other Board businessStatutory referencesStatus of Board Employees and othersSCHEDULE 3REPEAL OF LA4v\'S(SECTION 63C))3540
82003JANUARYGOVERNMENTGAZETTE,22No. 24187Act No. 71,2002INTEWATIONALTRADE ADMINISTRATION ACJ, 2002*ICHAPTER 1DEFINITIONS, INTERPRETATION, OBJECT ANDAPPLICATION OF ACTDefinitions and interpretationSACU1. ( 1 A reference in this Act to an Article by number isa reference to such ArticleintheA,Oreement.( 2 ) In this Act unless the context indicates otherwisex."Cabinet" means the body referred to in section 91 of the Constitution;"claimant" means a person who has filed a claim in terms of Part D of Chapter 4.with regard to the confidentiality of information;"Commission" means the International Trade Adm1ni:tration Commission established by section 7:"committee" means a committee of the Commission:"Common Customs Area" means the combined areasof the Member States atis( aJ b!, nature. confidential: orf h /recognised in terms of Part D of Chapter 4. to be otherwise confidential;"countervailingduty"meansa customsdutyimposedtooff-setthebenefitconferred by a subsidy:"Customs and Excise Act" means the Customs and Excise Act, 1964 (Act No. 9 1of 1961):"customs duty'' means customs duty as defined in section 1 of the Customs andExcise Act:or"dumping" means the introductionof goods into the commerce of the Republicthe Common Customs Areaat an export price contemplatedin section 32(2)(a)thatis less than the normal value. as defined in section 33(2). of those goods;"export" means to take or send goods, or to cause them to be taken or sent, fromthe Republic to a country or territory outside the Republic:"goods" includes( a ) all ialor objects ofLvhatsoever nature: and0 7 1 in relation to an!' particular goods. an!' other goods thatare reasonably capableof ommercialpractice and geographical. technical and temporal constraints;"import" means to bring goods. or cause them to be brought, from outside theRepublic into the Republic:"information that is by nature confidential" means trade, businessor industrialinformation that( a ) belongs to a person or the State:( hand, hasvalue:economica particular( c ) is not general11 available to or known by others. and the disclosure of whichcould(iIresult in a significant adverse effect on the owner, or on the person thatprovided the information; or(ii) give a significant competitive advantage to a competitor of the owner;"member" means a member of the Commission:"Member State" means a member of SACU;"Minister" means the member of the Cabinet responsible for trade and industry;"Minister of Finance" means the member of the Cabinet responsible for nationalfinance;"XationalBody"meansa body or institutionestablished or designatedby aMember State. as contemplated in Article 14;"organ of state" has the meaning set out in section 239 of the Constitution;"person" includes. among other things. a trust;or emises"includeslandaircraft or container;"prescribed" means prescribed by regulation in terms of this Act;"Public Finance Management Act" means the Public Finance Management Act,1999 (Act No. I of 1999);"regulation"meansa Act;regulationthisundermade51015702530354045so5560
IO.4ctAgreement"GOVERNMENTGAZETTE.No. 23267KO.71.20021YTERN.ATIONAL TRADEADMINISTRATION ACJ. 200122 JANUARY 2003* "regulator!.authorit!."meansanentityestablishedin terms of atingan industryor a sector of anindustry:"SACU" means the Southern African Customs Union established by Article 3:"SACUmeans5( a ) the agreement establishing SACU. and attached as Schedule 1 to this Act; and( h ) any annex t o that agreement de\.eloped by the SACU Councilas contemplatedin Article -12. once such an annex has become law in the sionestablishedby10Article 7:"SACU Council" means the Council of Ministers established by Article 7:"SACU Tribunal" means the Tribunal established by Article 7:"safeguardmeasure"meansa remed! or proce!urefor use inresponsetodisrupti\ e competition:"Tariff Board"meanstheSACUTariff Boardestablished by PIrticle 7: and15"this Act" includes the regulations and Schedules. other than Schedule1.( 3 )This Act must be interpreted( r r in a manner that is consistent M i t h the Constitution and \res effect to theobject set out i n section 2: and(11) i n a manner- that is consistent \\.ith thepurposesandintentoftheSACU30Agreemmt.Object of Act2. The object of the Act is to foster economic growth and development in order toraise incomes and promote investment and employment in the Republic and within theCommonCustom\Areaby establishin: ancfticientandeffectivesystemfor the 35administration of international trade subject to thisAct and the SACU a oreement.Application of Act3. ( 1 i Subject to \ubsection ( 2 ) . this Act applies t o all economic activity within. orhaving an effect within. the Republic.( 2 ) Sections 0. 261 1 ) ( a i and 2 6 ( 3 ) ! aand Part B of Chapter 4 do not apply to the 30export or import of good5 in respect of \vhich the Ministerof Defence has issueda noticein terms of section 4C(1 )ill)of the Armaments Development and Production Act,1968(Act No. 57 of I9hP 1. prohibiting theexport or import of those goods: ort h ) export or import of those y m d s except under authorit) of and in accordance 35with the conditions stated i n a pemlit referred to in section 3C(l )(u)(ii) or (1.i)of that Act.CH.4PTER 2TRADE POLICYlmplementation of SACK Agreement304. ( 1 ) The Minister is the head representati\,e of the Republic to the SACU Council.( 2 )The Minister may( a ) assign representati1,es of the Republic to an!. institution constituted by or interms of the SACU Agreement: and( h exercise an! right of theRepublic in terms of theSACUAgreementto45nominate or appoint persons to fill an! ofice constituted by or in terms of theSACU A oreement.
12Act Nu. 71.200272 JANUARY 2003GO\'ERNMENTGAZETTE.No. 24287INTERSATIONALTRADEADMINISTRATIONACT. 2002* (3) The Minister is the head representativeof the Republic in any consultations withMember States individually or collectively as contemplated in the SACU Agreementand represents the Republicin any consultations arising in termsof Article 13(3)and ( 5 )and Article 15.(4) TheCommission may. in accordancewiththisAct.exercisetherightof the 5Republic to grant a rebate of customs duties. as contemplated in Article 20(3).(5) SACU is recognised as ajuristicpersonfor all purposes of lawwithintheRepublic.( 6 ) The klinister may refer an): decision of the SACU ouncil of Ministers terof Financeasarequest10contemplated in the Customs and Excise Act.( 7 ) The Minister must. by notice in the Gu:rrtc, publish( a ) for information any recommendation of the Tariff Board: and0 1 , an!' decision by the SACU Council of Ministersih'at directly affects the import15of exportgoodsinto.orof goodsfrom.Republic.the(8) TheMinister ma)'. b!. notice in the Garerrr. publish an!' policymandate.procedure. guideline formulated b! the SA4CUCouncil of Ministers o r application beingdealt uith by a SACU Member State.Trade policy statements and directives5. The hlinister ma!. b!, notice in the Grrzetre and in accordance with procedures and 20requirementsestablished by theConstitution or any otherrele\.antlaw,issueTradePolic! Statements or Directives.Rlinister's power to regulate imports and exports6. ( I 1 The Minister may. by notice in the Garerre. prescribe that no goods of aspecified class or kind. or no goods other than poods of a specified class or kind. may 25bet u ) importedintotheRepublic:( h i imported into th: Republic. except under the authority of and in accordance\vith the conditions stated in I: permit issued by the Commission:( c i exported from the Republic: or30( d l exported from the Kepublic. except under the authority of and in accordanceLvith the conditions slated in a permit issued bj. the Commission.( 2 ) For the purpose of subsection ( 1 goods may be classified according tof u ) theirsourceororigin:orintermediate(11) theirfinal destination:35(c) the channels along which they are transported:( d l the manner in which they are imported or exported:I C ) the purposes for Lvhichthe! are intended to be used:!f) the methods or processes h): arhich they are produced:C S I theuse of non-renewablenaturalresourcesin theirproduction.andtheir30life-cycle impact on the natural environment: or(17) any other classification methods determinedb): the Minister.13)A notice issued in terms of this section applies to an) person who. at the time ofthe import of particular goods into the Republic. or the exportof particular goods from45the Republic( 0 ) ownsthosegoods:(hi carries the risk of those goods:(c) takes or attempts to bring those goods into. or takes or attempts to take thosezoods from. the Republic:( d ) i n anymannerwhatsoeverhasbeneficialainterestin thosegoods:50( e ) acts on behalf of a person referred to in paragraph ( a ) . ( h ) .I C ) or td): or( f ) pretends to be a person referred to in paragraph (a). ( 0 ) .(c). f d ) or ( e ) .(4) Despite an!' other provision ofthis Act, a notice issued in terms of this sectioninrespect of goods that are the subject of a notice issued by the Minister of Defence in
15GOVERNMEAT GAZETTE. 22 JANUARY 2003No. 21387Act No. 71,zoozINTERNATIONAL TRADEADMINISTRATION ACJ. 2002terms of section4c(1 ) ( a )of the Armaments Development and Production Act,1968, isdeemed to have been revoked as from the date of the latter notice.CHAPTER 3INTERNATIONAL TRADE .4DhlINISTR4TION COMMISSIONPart A5Establishment and constitution \.Establishment and independence of Commission7. ( 1 1 The International Trade Administration Commissionis hereby established.and([/)has .jurisdiction throughout the Republic:i h , i h aJuristic person: and1muxt exercise its functions i n accordance vvith this Act and any other relevant,.10( ' I1:1\\.( 2 I The Com nissioni independent and subject only toIS' i ! the Constitution and the lan,:t i i 1 an! Trade Policy Statement or Directi\ e issued by the Minister in termsof section 5: andi iii ) any notice issued b\ the Minister in terms of section 6: andrillmust be ouror 30prejudice.( 3j Each orsan of state must assist the Commissionto maintain its independence andimpartidit . and to exercise its authority and can)' out its functions effectively.f o jConstitution of Commission8. I 1 IIi 112The Commission consists of7-5full-time Chief Commissioner and a full-time Deputy Chief Commissioner:;1ndI ii 1noi less than two but not more than 1 0 other Commissioners. each appointed[ o s x v e either full-time or part-time.appointed b! the President on the recommendation of the Minister. subject to section 9.0 7 , The Xlinister must. by notice in the Gcr:rtrr and in any national newspaper. invitenominaTions for appointment of persons as members of the Commission.( C J The members of the Commission must. \\hen \,iewed collectively. be representati\e of :!broad cross-section of the population of the Republic. including women. andthe President must endeavour to ensure participation b!, significant economic sectors.( 2 1 Tils Fresidentmust.whenmakingan appointment in termsofsubsection( 1 )fo!(ii;. cktxmineI II Jn htther the appointee is to be a full-time or part-time Commissioner: andf i Iths term of the appointment. which may not exceed five years.(3J If' a acancy arises as a, result of the departure of a full-time Commissioner. thePresident may. on the recommendation of the Minister( 1lea\.e theposition \want://I)if' the member's term of office has expired. reappoint that member subject towction 9: or( ( ' 1 in anyother caseIi jappoint a new member in accordance n.ith subsection ( 7 ) :or( i i ) on the request of a part-time member, transfer that part-time member tofill that \,acancy on a full-time basis either for( a u ) the remainder of that member's term of office; or(hb) a term determined b!, the President in accordance with subsection(3).( 4 ) If ;1 \.acancy arises as a result of the departure of a part-time Commissioner. thePresident may. on the recommendation of the Ministerf a i 1eaj.e the Dosition \.scant;(bl if the member's term of office has expired, reappoint that member subject tosection 9; orccl in anyother case-303540455055
16No. 24287Act No. ISTRATIONACT. 200222 JANUARY 2003*e( i ) appointnewa memberon part-timeabasisin accordancewithsubsection ( 2 ) :or(ii) on the request of a full-time member. transfer that memberto fill thatl'acancy on a part-time basis either forf a r / ) the remainder of that member's term of office: or5lbhJ a term determined by the President in accordance with subsection(3).( 5 ) A person may not serve as Chief Commissioner for more than10 consecutivevears.'.( 6 )The Minister must. with the concurrenceof the MinisterGf Finance, determine the 10remuneration. allowances. benefits and other terms and conditionsof employment achothermemberoftheCommission.( 7 )During the term of office of a member of the ComwSsion. the Minister may notreduce the member's salary. alloumces or benefits.1s( 8 )The Ministerma! determine any other conditionsof appointment not provided forin this section. but an! such conditions may not be of such a nature as to reduce theindependence 01' the Commissioner concerned.Qualifications of' members9.1 1 ) To he eligible for appointment and to continue tohold office as a memberof the 20Commission, a person musti a ) be ordinarii! resident in the Republic: andi h l ha\esuitabltqualificationsandexperiencein economics,accounting,law,commerce. agriculture. industr!. or public affairs.( 2 )A person may not be a member of the Commission if that person25I CI Iis an oftice-bearer of any party. mo\ ement. organisation or body of a partisanpolitical nature:0 1 ) isan unrehabiiitatedinsolvent:f c ) has been found mentally unfit by an order of a competent court: ori d ] hasbeencon\,ictedof an offencecommittedaftertheConstitutionvf the 30Republic of SouthAfrica. 1993 (Act No. 200 of 1993). took effect. andsentenced to imprisonment without the option of a fineConduct of members1 0 . i1 ) A member of thr. Commission. and a memberof the staff of the Commission.35must notI O / engagr in an! xtivitl. that may undermine the inteyityof the Commission;( h i participate 11; an! investigation.hearing or decisionconcerningamatter inrespect of \\.hich that person has a financial interest or an! similar personalinterest. ah pi-;.s,ribed:make privats u:.c of. or profit from. an:, confidential information obtained as 30a result of performing that person's official functions i n the Commission; or(if]divulge an!' information referred to in paragraph ic'i to any third party, exceptas required a5 part of that person's official functions within the Commission.( 3I If. at an! time, it appears to a member of the Commission that a matter before theCommission concerns the financial or personal interest of that member, as prescribed, 45the member of the Commission musticri immediatel! and fully disclose the interest to the Chief Commissioner, or inthe case of the Chief Commissioner. to the Deputy Chief Commissioner: andibi withdraa. from any further involvementin the matter to the extent requiredby50regulation.( 3 1 A member of the Commission must comply with any prescribed codeof conductfor members.
IXGOVERNMENTGAZETTE.No. 21287.4cl No. 71.2002JA'TERNATIONAL TRADEADMINISTRATION AC;. 200222 JANUARY 2003c\aResignation and removal from office11. ( 1 ) A member of the Commission may. on one month's written notice addressedto the President( r l i resignfromtheCommission:orif he or she is a Chief or Deputy Chief Commissioner. resign from the postbut 5remain as an ordin
Act No. 71,2002 INTERKATIONAL TRADE ADMINISTRATION ACT. 2002 * .2 (English text signed by the President.) (Assented to 30 December 2002J . To establish. the International Trade Administration Com
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