Export Control Regulations, 2012

This is the latest version of this Government Notice.
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South Africa
Citation
Government Notice R92 of 2012
Primary work
International Trade Administration Act, 2002
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English
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Legislation
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South Africa
International Trade Administration Act, 2002

Export Control Regulations, 2012

Government Notice R92 of 2012

  1. [Amended by Export Control Regulations: Amendment (Government Notice 1043 of 2015) on 30 October 2015]
  2. [Amended by Export Control Regulations: Amendment (Government Notice R1291 of 2015) on 31 December 2015]
  3. [Amended by Export Control Regulations: Amendment (Government Notice R424 of 2020) on 27 March 2020]
  4. [Amended by Amendment of Regulations and Withdrawal of Directions Relating to the COVID-19 National State of Disaster (Government Notice R667 of 2020) on 11 June 2020]
  5. [Amended by Export Control Regulations, 2012: Amendment (Government Notice R1268 of 2020) on 26 November 2020]
I, Ebrahim Patel in my capacity as Minister of Economic Development, acting under the powers vested in me by Section 6 of the International Trade Administration Act, (Act 71 of 2002)-
(I)Hereby prescribe that-
(a)goods described in Schedules 1, 2, 3, 4A and 4B shall not be exported from the Republic of South Africa except by virtue of an export permit issued in terms of Section 6 of the said International Trade Administration Act, 2002, and in which export permit such goods are specifically described;[subparagraph (a) substituted by section 2 of Government Notice R424 of 2020 and by section 2 of Annexure B to Government Notice R667 of 2020]
(II)Notwithstanding the provisions of paragraph (I) (a) above, no export permit shall be necessary for the exportation of the following goods from the Republic of South Africa:
(a)goods landed for transit through the Republic;
(b)goods (excluding motor vehicles) exported as household or personal effects for the personal use by a natural person leaving the Republic permanently;
(c)goods (excluding motor vehicles) exported as bona fide gifts at own cost by a natural person in the Republic to a designated natural person living outside the common customs area;
(d)samples of no commercial value;
(e)goods which are imported into the Republic for repair or maintenance and, after such repair or maintenance, exported to the original consignor.
(f)vehicles of South Africa origin, vehicles imported as new into South Africa and vehicles legally imported into South Africa against a valid import permit issued in terms of Section 6 of the International Trade Administration Act (71 of 2002) exported to any member of SACU.
(g)Goods in Schedule 4A:
(i)exported to SACU member countries; or
(ii)exported to SADC member countries.[subparagraph (g) inserted by section 3 of Annexure B to Government Notice R667 of 2020 and substituted by section 2 of Government Notice R1268 of 2020]
(h)Goods in Schedule 4B:
(i)exported to a private individual under a medical prescription;
(ii)exported for clinical trials;
(iii)exported to SACU member countries; or
(iv)exported to SADC member countries.[paragraph (II)(h) inserted by section 3 of Government Notice R1268 of 2020]
(III)The code letters in column 2 of Schedules 1, 2 and 3 indicate the Government Departments and institutions that act as Controlling Authorities. All applications must be submitted to the various Government Departments and institutions for a recommendation before submitting the application to the International Trade Administration Commission. The code letters and the Government Departments or institutions involved, are as follows:A - Department of Agriculture, Forestry and Fisheries.I - International Trade Administration Commission of South Africa.M - Department of Mineral Resources.H - Department of Health.E - Department of Energy.P - South African Police ServiceEA - Department of Environmental Affairs
(IIIA)The code "DTIC" in column 2 of Schedule 4 indicates the Department of Trade, Industry and Competion as well as any other department (the Line Department) as determined by the Minister of Trade, Industry and Competition must be consulted by the International Trade Administration Commission (ITAC) upon receipt of an application and the DTIC and/or the Line Department must provide a recommendation to ITAC before a determination on an application for an export permit can considered by ITAC. If no recommendation is received from the DTIC and/or the Line Department within a period of ten (10) working days, or such an extended time period as requested, from the date of the requesr, it will be deemed that a recommendation will have been made that there is no objection to the issuing of an export permit.[paragraph (IIIA) inserted by section 3 of Government Notice R424 of 2020]
(IV)An export permit is, notwithstanding the conditions mentioned in the permit, subject to the following conditions:
(a)only goods specified in the permit may be exported;
(b)the permit may not in any manner be transferred by the holder thereof to any other person or may not be used to the benefit of anyone not referred to in the permit;
(c)the permit shall be valid for a maximum period of six months from the date of issue or for such shorter period as indicated on the permit.
(V)Nothing contained in this notice shall absolve an exporter from the obligation of also complying with the provisions of other legislation relating to the exportation of goods from the Republic of South Africa.
(VI)Hereby withdraw Government Notice R672 of 20 June 2008.
(VII)Hereby determine that this notice shall come into operation with effect from 1 January 2012
(VIII)A permit issued in terms of Government Notice R672 and valid before this notice came into operation, must be regarded as a permit issued in terms of this Government Notice.

Schedule 1

Description of goodsColumn (1)Code LetterColumn (2)Tariff headingColumn (3)
Wattle seed being -
(a) Acacia meamsii De Willd (formerly known as Acacia mollissima Willd)(commonly known as Black Wattle)A1209.99.10
(b) Acacia decurrens (Wendl. Willd)(commonly known as Green Wattle)A1209.99.10
(c) Acacia dealbata Link (commonly known as Silver Wattle)A1209.99.10
(d) Acacia pycnantha BenthA1209.99.10
(e) Acacia syanophylla LindlA1209.99.10
Lithium ore; Sugulite, (also known as lavulite or lazulite): Unworked or simply sawn or roughly shapedM2530.90
Lead ores and concentratesI2607.00
Tungsten ores and concentratesI2611.00
Molybdenum ores and concentratesI26.13
Tantalum ores and concentratesI2615.90
Petrol, as defined in Additional Note 1(b)E2710.12.02
Aviation spirit, as defined in Additional Note 1(d)E2710.12.07
Power kerosene, as defined in Additional Note 1(e)E2710.12.09
Illuminating kerosene, as defined in Additional Note 1(f) markedE2710.12.15
Illuminating kerosene, as defined in Additional Note 1(f) unmarkedE2710.12.26
Distillate fuel for use in compression ignition internal combustion piston engines (diesel or semi-diesel engines) as defined in Additional Note 1 (g)E2710.12.30
Residual fuel oils, as defined in Additional Note 1 (h)E2710.12.35
PropaneE2711.12
ButanesE2711.13
Human blood and preparations thereofH3002.90.90
Sawn logs of yellowwood (Podocarpus Falcatus, Podocarpus Henkelii, Podocarpus Latifolius): stinkwood (Ocotea Bullata) and Blackwood (Acacia Melanoxylon)A4403.99
Sawn yellowwood (Podocarpus Falcatus, Podocarpus Henkelii, Podocarpus Latifolius): stinkwood(Ocotea Bullata) and blackwood(Acacia Melanoxylon)A4407.99
Recovered (waste and scrap) of paper or paperboardI47.07
"Tigers" eye" including its related varieties and also any articles consisting wholly or partly of tiger's eye or its related varieties but excluding properly finished and finally and completely polished cabochons, beads, eggs, spheres, tumbled stones and carvings cut therefrom or otherwise processed or tumbled.M7103.10
Definitions:(1) "Cabochon" shall mean a stone of which the top forms-(a) a symmetrically curved convex or concave surface; or(b) flat surface, provided the stone is either round or oval or crescent, heart, cross or tear shaped; the base may be convex, concave or flat.(2) "Bead" shall mean a stone of any shape of a mass not exceeding 50 grammes which has been drilled in such a way that it can be strung in a necklace.(3) "Egg" shall mean a symmetrically egg-shaped stone.(4) "Sphere" shall mean a symmetrically sphere-shaped stone.(5) "Tumbled stone" shall mean an uncut, unsawn stone of irregular shape of a mass not exceeding 50 grammes which has been properly tumbled to such an extent that it has a pebble-like appearance.(6) "Carving" shall mean a cabochon, bead, egg, sphere or tumbled stone as defined in these Regulations which has been artistically carved or sculptured.(7) "Polish" shall mean the process com lapidary trade whereby fine abrasives ar used to smooth a stone to a perfect mirr applying any lacquer or varnish.  
Sugilite (also known as lavulite or lazulite): Unworked or simply sawn or roughly shapedM7103.10
Ferrous waste and scrap; Remelting scrap ingots of iron or steelI72.04
Refined copper: Wire barsI7403.12
Refined copper: BilletsI7403.13
Refined copper: Other than cathodes and sections of cathodesI7403.19
Copper-zinc base alloys (brass)I7403.21
Copper-tin base alloys (bronze)I7403.22
Copper-nickel base alloys (cupro-nickel) or copper-nickel-zinc base alloys (nickel silver)I7403.29
Copper waste and scrapI7404.00
Nickel waste and scrapI7503.00
Aluminium waste and scrapI7602.00
Lead ingotsI7801.10
Lead waste and scrapEA7802.00
Lead plates, sheets, strip and foil; lead powders and flakesI78.04
Lead tubes, pipes and tube or pipe fittings (for example, couplings, elbows, sleeves)I7805.00
Other articles of leadI7806.00
Zinc waste and scrapI7902.00
Tin waste and scrapI8002.00
Tungsten (Wolfram) and articles thereof, including waste and scrapI81.01
Molybdenum and articles thereof, including waste and scrapI81.02
Tantalum and articles thereof, including waste and scrapI81.03
Magnesium waste and scrapI8104.20
Cadmium and articles thereof, including waste and scrapEA81.07
Antimony and articles thereof, including waste and scrapEA8110.00
Manganese and articles thereof, including waste and scrapEA8111.00
Beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium) and articles of these metals, including waste and scrap (but excluding Rhenium powders and unwrought and waste and scrap of sub-heading 8112.92 and excluding similar products of Thallium of sub-heading 8112.5)EA81.12
Motor cars, and other motor vehicles principally designed for the transport of persons and goods but excluding vehicles exported by diplomatic and foreign representatives and new vehicles exported by local manufacturers or their appointed agents (but excluding goods of subheadings 8702.10.10, 8703.10, 8703.21.23, 8703.21.60, 8703.21.70, 8703.31.80, 8704.10.25, 8704.10.90, 8704.21.10, 8704.21.40, 8704.22.10, 8704.22.20, 8704.23.10, 8704.23.20, 8704.31.30, 8704.31.50, 8704.32.10, 8704.90.05 and 8704.90.30)I87.0287.0387.04
Waste and scrap of primary cells, primary batteries and electric accumulators, spent primary cells, spent primary batteries and spent electric accumulatorsEA8548.10
[description included by Government Notice 1043 of 2015]

Schedule 2

Montreal protocol

Description of goodsColumn (1)Code letterColumn (2)Tariff numberColumn (3)
1,1,1- Trichloroethane (methyl chloroform)EA2903.19.10
Bromomethane (methyl bromide)EA2903.39
Halogenated derivatives of acyclic hydrocarbons containing two or more different hatogens: (excluding other perhalogenated derivatives of subheading No. 2903.78)EA2903.7
Chlorodiflouromethane (CFC 22)EA2903.71
DichlorotriflouroethanesEA2903.72
DichloroflouroethanesEA2903.73
ChlorodiflouroethanesEA2903.74
DidhloropentaflouropropanesEA2903.75
Bromochlorodifluoromethane, bromotriflouromethane and dibromotetraflouroethanesEA2903.76
Other, perhalogenated only with fluorine and chlorineEA2903.77
TrichloroflouromethaneEA2903.77.05
DichlorodiflouromethaneEA2903.77.10
TrichlorotriflouroethanesEA2903.77.15
Dichlorotetraflouroethanes and chloropentaflouroethaneEA2903.77.20
ChlorotriflouromethaneEA2903.77.25
PentachloroflouroethaneEA2903.77.30
TertrachlorodiflouroethanesEA2903.77.35
HeptachloroflouropropanesEA2903.77.40
HexachlorodiflouropropanesEA2903.77.45
PentachlorotriflouropropanesEA2903.77.50
TetrachlorotetraflouropropanesEA2903.77.55
TrichloropentaflouropropanesEA2903.77.60
Dichlorohexaf1ouropropanesEA2903.77.65
ChloroheptaflouropropanesEA2903.77.70
OtherEA2903.77.90
OtherEA2903.79
ChlorotetraflouroethanesEA2903.79.10
DichlorodifiouroethanesEA2903.79.20
Other derivatives of methane, ethane or propane, halogenated only with fluorine and chlorineEA2903.79.30
Derivatives of methane, ethane or propane, halogenated only with fluorine and bromideEA2903.70.40
OtherEA2903.79.90
Containing bromomethane (methyl bromide) or bromochloromethaneEA3808.91.10
Other, containing bromomethane (methyl bromide) or bromochloromethaneEA3808.92.30
Other, containing bromomethane (methyl bromide) or bromochloromethaneEA3808.93.81
Other, containing bromomethane (methyl bromide) or bromochloromethaneEA3808.94.85
Other, containing bromomethane (methyl bromide) or bromochloromethaneEA3808.99.10
Other containing romochlorodiflouromethane, bromotrichloromethane or dobrometetraflouroethanesEA3813.00.17
Other, containing methane, ethane or propane hydrobromofluorocarbons (HBFCs)EA3813.00.19
Other, containing methane, ethane or propane hydrochlorofluorocarbons (HCFCs)EA3813.00.21
Other, containing bromochloromethaneEA3813.00.23
Containing methane, ethane or propane chlorofluorocarbons (CFCs), whether or not containing hydrochorofluorocarbons (HCFCs):EA3814.00.1
[description substituted by Government Notice R1291 of 2015]
Containing methane, ethane or propane hydrochlorofluorocarbons (HCFCs), but not containing chlorofluorocarbons (CFCs)EA3814.00.2
[description substituted by Government Notice R1291 of 2015]
Containing carbons tetrachloride, bromochloromethane or 1,1,1-trichloroethane (methyl chloroform)EA3814.00.3
[description substituted by Government Notice R1291 of 2015]
Containing chlorofluorocarbons (CFCs). whether or not containing hydrochlorofluorocarbons (HCFCs), perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs):EA3824.71
Containing bromochlorodifluoromethane. bromotrifluoromethane or dibromotetrafluoroethanesEA3824.72
Containing hydrobromofluorocarbons (HBFCs):EA3824.73
Containing hydrochlorofluorocarbons (HCFCs), whether or not containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs):EA3824.74
Containing carbon tetrachloride:EA3824.75
Containing 1, 1, 1-trichloroethane (methyl chloroform):EA3824.76
Containing bromomethane (methyl bromide) or bromochloromethane:EA3824.77
Containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs):EA3824.78
OtherEA3824.79

Schedule 3

1988 United Nations Convention

Description of goodsColumn (2)Tariff HeadingColumn (3)Cas Number
Hydrochloric acidP2806.107647.01.0
Sulphuric acidP2807.007664.93.9
PotassiumP2841.617722.64.7
Permanganate   
TolueneP2902.30108.88.3
Diethel Ethyl EtherP2909.1160.29.7
AcetoneP2914.1167.64.1
Methyl ethyl KetoneP2914.1278.93.3
1-Phenyl-2-propanoneP2914.31103.79.7
Acetic AnhydrideP2915.24108.24.7
Phenylacetic acidP2616.34103.82.3
Anthracitic acidP2922.43118.92.3
N-Acetylanthranillc acidP2924.2389.52.1
IsosafroleP2932.91120.58.1
Methylenedioxyphenyl-2-propanoneP2932.924676.39.5
PiperonalP2932.93120.57.0
SafroleP2932.9494.59.7
PiperidineP2933.32110.89.4
EphredineP2939.41299.42.9
PsuedoephredrineP2939.4290.82.4
NorephedreneP2939.49134.41.6
ErgometrineP2939.6160.79.7
ErgotamineP2939.62113.15.5
LysergicP2939.6382.58.6
The salt and optical isomers of all substances included in this table, where the existence of such salts is possible, with the exception of the salts of hydrochloric acid and sulphuric acid.

Schedule 4

[Schedule 4 inserted by section 4 of Government Notice R424 of 2020 and deleted by section 4 of Annexure B to Government Notice R667 of 2020]

Schedule 4A

[Schedule 4A inserted by section 5 of Annexure B to Government Notice R667 of 2020]
Description of goodsCode letterTariff heading
Column (1)Column (2)Column (3)
DisinfectantsOnly the following goods, in any quantity, under tariff heading 3808.94 are subject to export control in terms of this Schedule 4A:Hand sanitizers, alcohol-basedDTIC3808.94.
Face shields under tariff heading 3926.90.43DTIC3926.90.43
Other made up articlesOnly the following goods, in any quantity, under tariff heading 6307.90 are subject to export control in terms of this Schedule 4A:Face-masks, including 3 and 4 ply surgical masks, FFP1, FFP2, FFP3 masks and N95 masks but excluding cloth face masksDTIC6307.90
Ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatusOnly the following goods, in any quantity, under tariff heading 9019.20 are subject to export control in terms of this Schedule 4A:Medical ventilators (artificial respiration apparatus)DTIC9019.20
Other breathing appliances and gas masks (excluding protective masks having neither mechanical parts nor replaceable filtersOnly the following goods, in any quantity, under tariff heading 9020.00 are subject to export control in terms of this Schedule 4A:Face-masks, including gas masks with mechanical parts or replaceable filters for protection against biological agentsDTIC9020.00.

Schedule 4B

[Schedule 4B inserted by section 5 of Annexure B to Government Notice R667 of 2020]
Description of goodsCode letterTariff heading
Column (1)Column (2)Column (3)
Food preparations not elsewhere specified or included: Other, OtherOnly the following goods, in any quantity, under tariff heading 2106.90.90 are subject to export control in terms of this Schedule 4B:Half Darrow with Glucose, Infusion (parenteral)DTIC2106.90.90
Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: OtherOnly the following goods, in any quantity, under tariff heading 2933.39 are subject to export control in terms of this Schedule 4B:HydroxychloroquineDTIC2933.39
Compounds containing in the structure a quinolone or isoguinoline ring-system (whether or not hydrogenated), not further fused: OtherOnly the following goods, in any quantity, under tariff heading 2933.49 are subject to export control in terms of this Schedule 4B:HydroxychloroquineDTIC2933.49
Heterocyclic compounds with nitrogen hetero-atom(s) only: OtherOnly the following goods, in any quantity, under tariff heading 2933.99 are subject to export control in terms of this Schedule 4B:HydroxychloroquineOrganic N-Chloro Comp, powderDTIC2933.99
Glands and other organs for organo-therapeutic uses, dried, whether or not powdered; extracts of glands or DTIC other organs or of their secretions for organotherapeutic uses; heparin and its salts; other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included: OtherOnly the following goods, in any quantity, under tariff heading 3001.90 are subject to export control in terms of this Schedule 4B:Heparin, all strengthsDTIC3001.90
Antisera and other blood fractionsOnly the following goods, in any quantity, under tariff heading 3002.12 are subject to export control in terms of this Schedule 4B:Albumin, Human, Normal; Infusion (parenteral)DTIC3002.12
Human blood; animal blood prepared for therapeutic, prophylactic or diagnostic uses; antisera, other blood fractions and immunological products, whether or not modified or obtained by means of biotechnological processes; vaccines, toxins, cultures of microorganisms (excluding yeasts) and similar products: Other, OtherOnly the following goods, under tariff heading 3002.90.90 are subject to export control in terms of this Schedule 4B:Lyophilised Plasma, Infusion (parenteral)DTIC3002.90.90
Vaccines for human medicineOnly the following goods, in any quantity, under tariff heading 3002.20 are subject to export control in terms of this Schedule 4B:Vaccine: Diptheria, Pertussis, Tetanus, Polio, Haemophilus; Syringe, Prefilled Vaccine: Polio; Drop, Oral Vaccine: Rotavirus; Syringe, Prefilled Vaccine: Tetanus Toxoid; injectionDTIC3002.20
Other broad spectrum penicillins under tariff heading 3004.10.21DTIC3004.10.21
Other narrow spectrum penicillins under tariff heading 3004.10.31DTIC3004.10.31
Cephalosporins under tariff heading 3004.20.41:DTIC3004.20.41
Other medicament, containing antibiotics under tariff heading 3004.20.90:DTIC3004.20.90
Other medicament, containing antibiotics under tariff heading 3004.20.99DTIC3004.20.99
Other medicament, containing hormones or other products of 29.37 under tariff heading 3004.39.90:DTIC3004.39.90
Other medicament, containing vitamins or other products of 29.36 under tariff heading 3004.50.90:DTIC3004.50.90
Medicaments (excluding goods of heading 30.02, 30.05 or 30.06) consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses (including those in the form of transdermal administration systems) or in forms or packings for retail sale under tariff heading 3004.90.90:DTIC3004.90.90
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