In light of the operation of a 21-day national lockdown and President Cyril Ramaphosa’s declaration of a state of national disaster, the Department of Trade and Industry in South Africa introduced new export control measures on Friday, 27 March 2020. These measures came into operation with effect from 27 March 2020 and shall remain in operation until further notice.
Export applications to the International Trade Administration Commission (ITAC)
Section 6 of the International Trade Administration Act, 71 of 2002, empowers the Minister of Trade and Industry to prescribe goods that may only be exported under the authority of and in accordance with the conditions stated in a permit by ITAC. In terms of the COVID-19 Export Control Regulation (COVID-19 Regulation), goods listed in Schedule 4 shall not be exported from the Republic of South Africa except by virtue of an export permit issued by ITAC.
In addition, ITAC may no longer determine applications for export permits without first receiving a recommendation from the Department of Trade Industry and Competition (DTIC), as well as any other department (the Line Department). If ITAC receives no recommendation from the DTIC and/ or the Line Department within a period of ten (10) working days or such an extended period as requested, it will be deemed that there is no objection to the issuing of an export permit.
Schedule 4 Goods
The following goods are subject to export control: alcohol-based hand sanitizers; facemasks; gas masks; other breathing appliances; hydoxychloroquine; antisera and other blood fractions; vaccines for human medicine; and medicaments.
The following goods are excluded from export control: protective masks having neither mechanical parts nor replaceable filters.
The export control measures apply irrespective of the quantity of goods intended for exportation.
Baker McKenzie continues to monitor any additional restrictions and/ or requirements on medicines and medical supplies and will provide further updates accordingly.
Written By Virusha Subban Partner specialising in Customs and Excise, Baker McKenzie Johannesburg
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