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
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
- 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.
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.
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.
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The Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of
[View Document] as amended, is supported by the new regulations and
notices as published on 03 February 2010, which is listed below:
REGULATIONS & NOTICES
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]
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;
For Industry's convenience, the changes and the requirements of the amended Notice are available in a
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.
- 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
; 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.
- For Industry's convenience, the changes and the requirements of the amended Notice are available in a clean document
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.