The Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993) as amended, is supported by published regulations and notices.
Persons in control of any activity with regard to controlled goods or who have controlledgoods in their possession or custody or under their control shall be required to registerwith the Council in accordance with Government Notice No. R.16 of 03 February 2010.
As contemplated in the Act, the Minister of Trade and Industry publishes lists of dual-use goods that are controlled through Notices in the Government Gazette as published on 03 February 2010 and updated notices published on 29 March 2019.
Presidential Proclamation No. R.16 of 26 February 2002 made the Biological Weapons and Toxins Convention (BTWC) part of South African legislation. Biological goods, technology and related equipment are declared as controlled goods along with the control measures applicable to such controlled goods technology and related equipment under Government Notice No. 494 of 29 March 2019.
Government Notice 754 of 02 May 1997 made the Chemical Weapons Convention (CWC) part of the South African legislation. The Regulation regarding the Application of Provisions of the CWC was promulgated under Government Notice No. R.17 of 03 February 2010 ; 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 Government Notice No. 320 of 08 April 2021 .
The Missile Technology Control Regime (MTCR) equipment, technology and related items are declared as controlled goods along with the control measures applicable to such controlled goods under Government Notice No. 318 of 08 April 2021 as listed in the Annex and taking cognisance of the Guidelines referred to in the Notice.
Nuclear-related dual-use equipment, materials and software, and related technology of the Nuclear Suppliers Group (NSG) Part 2 are declared as controlled goods along with the control measures applicable to such controlled goods under Government Notice No. 319 of 08 April 2021 and taking cognisance of the Guidelines and Annex referred to in the Notice.
Furthermore, certain 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 are declared as controlled under Government Notice No. 493 of 29 March 2019 and taking cognisance of the Guidelines referred to in the Notice.
- Code of Conduct
In terms of section 7(1) of the Non-Proliferation Act “the Council may issue codes of conduct stating the principle of non-proliferation and describing procedures and methods to be followed during the execution of certain activities related to non-proliferation”. Therefore, the codes of conduct aim to promote effective compliance with the legislation in respect of the non-proliferation of weapons of mass destruction.
To this effect the Council has promulgated Government Notice No. R1919 of 25 March 2022 to establish guidelines for industry members involved in controlled activities and to provide guideline for industry to follow in order to adhere to the requirements of the Act and the Code of Conduct.
Under Section 13 of the Act, the Council can declare any item of equipment, technology, materials, chemicals, biological agents or toxins, production facilities or components that do not appear on the lists of goods declared to be controlled goods as mentioned above but whose specifications fall outside the range of specifications stipulated in the said list or lists; to be controlled goods in terms of section 13(1) of the Act. This measure can be applied by the Council if it is determined that the item is or may be intended, in its entirety or in part, for use in the development, production, handling, operation, maintenance, storage or dissemination of chemical or biological warfare agents or of nuclear weapons or of systems capable of delivering such agents or weapons. In this instance, the Council can prohibit the import, export, re-export or transit of such an item unless a permit is issued by the Council. 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.
NOTE: Members of industry can contact the Secretariat at email@example.com for access to the changes with regard to the updated Government Notices.