Registered persons who intend to become involved in or are involved in any controlled activity, which includes import, export, re-export, transit, transshipment, manufacturing and provision of services related to the controlled goods, equipment and technology as listed in the various Government Notices, require a permit issued by the Council. Registration for permits is done through the Non-Proliferation Council Online System .

The permits issued by Council, authorise specified activities by persons registered with the Council in accordance with the conditions prescribed in a duly authorised permit.

Registered persons must apply for one of the following permits as stipulated in Section 13 of the Act:

  • Individual Export / Import Permit
  • Individual Export / Import Permit (Issued on Request).
  • Open Multiple Export / Import Permit.
  • Individual Transit Permit
  • Manufacturing and Services Permit (MSP)
  • Provisional Export Guidance (PEG)

Individual Export / Import Permit

An Individual permit is issued with the following conditions:

  • One or more fixed items;
  • Single source / supplier;
  • Single destination / end-user or consignor/consignee;
  • Single exit / entry point; and
  • Validity period of three months.

Individual Export / Import Permit (Issued on Request).

An Individual permit is issued with the following conditions:

  • The Council approves a total quantity but the total quantity is divided into different consignments. Therefore, separate permits are issued on request for each consignment;
  • One or more fixed items;
  • Single source / supplier;
  • Single destination / end-user or consignor/consignee;
  • Single exit / entry point; and
  • Validity period of three months for each permit issued

Open Multiple Export / Import Permit.

An Open Multiple Permit is issued with the following conditions:

  • Multiple transactions of one or more fixed items;
  • Single source / supplier;
  • Single destination / end-user or consignor/consignee;
  • Single exit / entry point; and
  • Validity period of one year;
  • A table is included on the permit for SARS Customs to record quantities of each item transferred per consignment. The actual quantities imported and exported, including the sources and destinations have to be declared to the Council at the end of the validity period.

Individual Transit Permit

An Individual Transit Permit is issued with the following conditions:

  • One or more fixed items;
  • Single source / supplier;
  • Single consignee/ importer
  • Single destination / end-user
  • Single exit and entry point; and
  • Validity period of three months.

Manufacturing and Services Permit (MSP)

A Manufacturing and Services Permit is required for the manufacturing and provision of services in relation to the following:

A Manufacturing and Services Permit is issued with the following conditions:

  • The Council is kept informed of all current and future projects through written declarations;
  • Any potential technology transfer is requested through a Provisional Export Guidance Request;
  • The Non-Proliferation Secretariat to conduct industry visits to review the company activities as per the declarations; and
  • Validity period of two years.

Provisional Export Guidance (PEG)

Provisional Export Guidance provided by the Council to industry is a mechanism provided as a means of assistance in deciding whether to trade in certain goods and technologies or in certain regions of the world, especially in instances of uncertainty with specialised technologies or countries of concern.

When considering applications for guidance, the Council assesses a number of factors based on information available at the time of the assessment of the application. It should therefore be noted that guidance is time-bound and is subject to change based on the changing circumstances surrounding the details of the transaction as well as the continually evolving international non-proliferation landscape and circumstances. Therefore, guidance provided is not binding and should not be used as a basis to initiate an export.

Applicants receiving positive guidance are encouraged to carefully consider the conditions of the positive guidance and apply for an export permit before entering into any contractual agreements.

Subsequent export permit applications might be subject to additional internal processes depending on additional requirements related to the relevant international Treaties, Conventions and Control Regimes.

The Council assesses each PEG application on a case-by-case basis and considers inter alia, the following factors, which may change periodically:

  • whether activities or transactions are prohibited or allowed under certain conditions depending on the intended use or the risk of the intended activity contributing to WMD programmes;
  • the competency and intention of the applicant to become involved in controlled activities;
  • the ultimate end-use of the controlled goods and activities;
  • the impact of the application on South Africa’s national interests;
  • adherence to international law, norms and practices, especially against South Africa’s commitments in respect of international Treaties, Conventions and Control Regimes, including United Nations Security Council Resolutions;
  • the non-proliferation control system of the recipient country, its ability to implement and enforce international non-proliferation and arms control measures and its record of compliance with end-user certificate undertakings;
  • the likelihood of the diversion within the recipient country or re-export by the recipient country contrary to end use requirements;
  • the likelihood of diversion during transportation, including transit or transhipment, contrary to the conditions of the permit;
  • the capabilities and objectives of the relevant programmes of the recipient country for which the transfer is intended; and
  • the significance of the transfer in terms of the potential development of weapons of mass destruction.
  • PEG is not a permit and is not intended for the actual transfer of goods and technologies across South African borders.