International Trade Administration Act

31 Determination by Commission 35 36 37 Proceedings in contested claims Disclosure of information Restricted use of information Part E Powers of investigative search and inspections 38 Appointment of investigating officers 5 1 0 20 1-5 30 35 40 6 KO. 1-4287 ~~ ~ ~ Act No. 71,2002 GAZETTE. GOVERNMENT 12 JANUARY 2003 INTERNATIONAL TRADE ADMINISTRATION ACT, 2002 * 0 r. 39 40 41 42 43 44 45 Summons Witnesses Import and export control inspections Conduct of entry and search Power to enter and search under warrant Power to enter and search without warrant Power to enter and search F Part '. ' Reviews and appeals 46 47 Reviews Appeals CHAPTER 5 ENFORCEMENT AND OFFENCES Variation of order Standard of proof Breach of confidence Hindering administration of Act Failure to attend Lvhen summoned Failure to ans\ver full) or truthfully Other offences Penalties hlagistrate's Court jurisdiction to impose penalties Serving of documents Proof of facts CHAPTER 6 GEiYER4L PROVISIONS 59 60 61 62 63 61 Regulations Guidelines Official seal Act binds State Transitional arrangements and repeal of laws Short title and commencement SCHEDULE 1 SACU AGREEMENT SCHEDULE 2 Definitions Implementation of SACU Agreement Composition of Commission Pending applications and other Board business Statutory references Status of Board Employees and others SCHEDULE 3 REPEAL OF LA4v\'S (SECTION 63C)) 5 15 20 25 30 35 40 8 No. 24187 Act No. 71,2002 JANUARY 2003 22 GAZETTE, GOVERNMENT INTEWATIONAL TRADE ADMINISTRATION ACJ, 2002 * I DEFINITIONS, INTERPRETATION, OBJECT AND APPLICATION OF ACT CHAPTER 1 Definitions and interpretation SACU the A, Oreement. 5 1. ( 1 A reference in this Act to an Article by number is a reference to such Article in ( 2 ) In this Act unless the context indicates otherwise- x.. / 7 is- of the Member States of recognised in terms of Part D of Chapter 4. to be otherwise confidential; "Cabinet" means the body referred to in section 91 of the Constitution; "claimant" means a person who has filed a claim in terms of Part D of Chapter 4. with regard to the confidentiality of information; "Commission" means the International Trade Adm1ni:tration Commission estab- 1 0 lished by section 7: "committee" means a committee of the Commission: "Common Customs Area" means the combined areas S A W : "confidential that information information" means ( a J b!, nature. confidential: or f h "countervailing duty" means conferred by a subsidy: "Customs and Excise Act" means the Customs and Excise Act, 1964 (Act No. 9 1 70 of 1961): "customs duty'' means customs duty as defined in section 1 of the Customs and Excise Act: "dumping" means the introduction of goods into the commerce of the Republic or the Common Customs Area at an export price contemplated in section 32(2)(a) that 25 is less than the normal value. as defined in section 33(2). of those goods; "export" means to take or send goods, or to cause them to be taken or sent, from the Republic to a country or territory outside the Republic: "goods" includes- ( a ) all u'ares. articles. merchandise, animals, currency. material a customs duty imposed to off-set the benefit or objects of 30 15 0 7 1 Lvhatsoever nature: and in relation to an!' particular goods. an!' other goods that are reasonably capable of being substituted for them. taking into account ordinary commercial practice and geographical. technical and temporal constraints; bring goods. or cause them to be brought, from outside the is by nature confidential" means trade, business or industrial "import" means to Republic into the Republic: "information that information that- ( a ) belongs to a person or the State: has a particular economic value: and ( h , 35 40 ( c ) is not general11 available to or known by others. and the disclosure of which could- ( i I result in a significant adverse effect on the owner, or on the person that provided the information; or (ii) give a significant competitive advantage to a competitor of the owner; 45 a body or institution established or designated by "member" means a member of the Commission: "Member State" means a member of SACU; "Minister" means the member of the Cabinet responsible for trade and industry; "Minister of Finance" means the member of the Cabinet responsible for national finance; "Xational Body" means Member State. as contemplated in Article 14; "organ of state" has the meaning set out in section 239 of the Constitution; "person" includes. among other things. a trust; "premises" includes land aircraft or container; "prescribed" means prescribed by regulation in terms of this Act; "Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. I of 1999); means "regulation" Act; this a regulation under made or any building. structure, vehicle, ship, boat, vessel, a so 55 60 I O No. 23267 .4ct KO. 71.2002 1YTERN.ATIONAL TRADE ADMINISTRATION ACJ. 2001 *> GAZETTE. GOVERNMENT 22 JANUARY 2003 Agreement" means an entity established "regulator!. authorit!." provincial legislation responsible for regulating industry: "SACU" means the Southern African Customs Union established by Article 3: "SACU ( a ) the agreement establishing SACU. and attached as Schedule 1 to this Act; and ( h ) any annex t o that agreement de\.eloped by the SACU Council as contemplated an industry or a sector of an in terms of national or means- 5 in Article -12. once such an annex has become law in the Republic; "SACU Commission" means the Customs Union Cmmission established Article 7: "SACU Council" means the Council of Ministers established by Article 7: "SACU Tribunal" means the Tribunal established by Article 7: "safeguard measure" means disrupti\ e competition: "Tariff Board" means the SACU "this Act" includes the regulations and Schedules. other than Schedule Tariff Board established by PIrticle 7: and 1. a remed! or proce!ure for use in response to ( 3 ) This Act must be interpreted- ( r r ~ in a manner that is consistent M i t h the Constitution and $\res effect to the (11) object set out i n section 2: and i n a manner- that is consistent \\.ith the purposes and intent of the SACU Agreemmt. Object of Act by 10 15 30

2. The object of the Act is to foster economic growth and development in order to raise incomes and promote investment and employment in the Republic and within the Common Custom\ Area administration of international trade subject to this Act and the SACU a= oreement. an cfticient and effective system by establishin: for the 35 Application of Act 3. ( 1 i Subject to \ubsection ( 2 ) . this Act applies t o all economic activity within. or having an effect within. the Republic. ( 2 ) Sections 0. 261 1 ) ( a i and 2 6 ( 3 ) ! a ~ and Part B of Chapter 4 do not apply to export or import of good5 in respect of \vhich the Minister of Defence has issued a notice in terms of section 4C( 1 )ill) of the Armaments Development and Production Act, 1968 (Act No. 57 of I9hP 1. prohibiting the- the 30 export or import of those goods: or t h ) export or import of those y m d s except under authorit) of and in accordance 35 with the conditions stated i n a pemlit referred to in section 3C(l )(u)(ii) or (1.i) of that Act. CH.4PTER 2 TRADE POLICY lmplementation of SACK Agreement 30 4. ( 1 ) The Minister is the head representati\,e of the Republic to the SACU Council. ( 2 ) The Minister may- ( a ) assign representati1,es of the Republic to an!. institution constituted by or in ( h terms of the SACU Agreement: and right of the Republic exercise an! ~ nominate or appoint persons to fill an! ofice constituted by or in terms of the SACU A = oreement. in terms of the SACU Agreement to 45 12 No. 24287 GAZETTE. GO\'ERNMENT 72 JANUARY 2003 Act Nu. 71.2002 INTERSATIONAL TRADE ADMINISTRATION ACT. 2002 *+ (3) The Minister is the head representative of the Republic in any consultations with Member States individually or collectively as contemplated in the SACU Agreement and represents the Republic in any consultations arising in terms of Article 13(3) and ( 5 ) and Article 15. (4) The Commission may. in accordance with this Act. exercise the right of the 5 Republic to grant a rebate of customs duties. as contemplated in Article 20(3). (5) SACU is recognised as a juristic person for all purposes of law within the Republic. ( 6 ) The klinister may refer an): decision of the SACU<ouncil of Ministers that concerns customs duties or other measures to the Minister contemplated in the Customs and Excise Act. ( 7 ) The Minister must. by notice in the Gu:rrtc, publish- of Finance as a request 10 ( a ) for information any recommendation of the Tariff Board: and 0 1 , an!' decision by the SACU Council of Ministersih'at directly affects the import export or into. of goods (8) The Minister ma)'. b!. procedure. guideline formulated b! dealt uith by a SACU Member State. Republic. from. the of goods notice in the Garerrr. publish an!' policy mandate. 15 the SA4CU Council of Ministers o r application being Trade policy statements and directives

5. The hlinister ma!. b!, notice in the Grrzetre and in accordance with procedures and 20 requirements established by the Constitution or any other rele\.ant law, issue Trade Polic! Statements or Directives. Rlinister's power to regulate imports and exports 6. ( I 1 The Minister may. by notice in the Garerre. prescribe that no goods of a specified class or kind. or no goods other than poods of a specified class or kind. may be- 25 imported into the Republic: t u ) ( h i imported into th: Republic. except under the authority of and in accordance \vith the conditions stated in :I permit issued by the Commission: ( c i exported from the Republic: or ( d l exported from the Kepublic. except under the authority of and in accordance Lvith the conditions slated in a permit issued bj. the Commission. ( 2 ) For the purpose of subsection ( 1 goods may be classified according to- final destination: f u ) their source or origin: (11) their or intermediate (c) the channels along which they are transported: ( d l the manner in which they are imported or exported: are intended to be used: I C ) !f) C S I the use of non-renewable natural resources the purposes for Lvhich the! the methods or processes h): arhich they are produced: in their production. and their 30 35 30 life-cycle impact on the natural environment: or any other classification methods determined b): the Minister. (17) 13) A notice issued in terms of this section applies to an) person who. at the time of the import of particular goods into the Republic. or the export of particular goods from the Republic- 45 ( 0 ) owns those goods: (hi carries the risk of those goods: (c) takes or attempts to bring those goods into. or takes or attempts to take those zoods from. the Republic: ( d ) i n any manner whatsoever has a beneficial interest ( e ) acts on behalf of a person referred to in paragraph ( a ) . ( h ) . I C ) or td): or in paragraph (a). ( 0 ) . (c). f d ) or ( e ) . ( f ) pretends to be a person referred to in those goods: 5 0 (4) Despite an!' other provision ofthis Act, a notice issued in terms of this section in respect of goods that are the subject of a notice issued by the Minister of Defence in 5 1 0 15 No. 21387 GOVERNMEAT GAZETTE. 22 JANUARY 2003 Act No. 71,zooz INTERNATIONAL TRADE ADMINISTRATION ACJ. 2002 terms of section 4c( 1 ) ( a ) of the Armaments Development and Production Act, 1968, is deemed to have been revoked as from the date of the latter notice. CHAPTER 3 INTERNATIONAL TRADE .4DhlINISTR4TION COMMISSION Part A Establishment and constitution \.- Establishment and independence of Commission 7. ( 1 1 The International Trade Administration Commission is hereby established. and- , . ( [ / ) has .jurisdiction throughout the Republic: i h , 1 ( ' I muxt exercise its functions i n accordance vvith this Act and any other relevant i h aJuristic person: and 1:1\\. ( 2 I The Com~nission- f o j i < independent and subject only to- lan,: the Constitution and the ' i ! t i i 1 an! Trade Policy Statement or Directi\ e issued by the Minister in terms I S of section 5: and i iii ) any notice issued b\ the Minister in terms of section 6: and r i l l must be impartial and must perform its functions without fear. favour or 3 0 prejudice. ( 3 j Each orsan of state must assist the Commission to maintain its independence and impartidit>. and to exercise its authority and can)' out its functions effectively. Constitution of Commission

1 The Commission consists of- 7-5 I i 1 2 full-time Chief Commissioner and a full-time Deputy Chief Commissioner: ;1nd I ii 1 noi less than two but not more than 1 0 other Commissioners. each appointed [ o s x v e either full-time or part-time. appointed b! the President on the recommendation of the Minister. subject to section 9. 0 7 , The Xlinister must. by notice in the Gcr:rtrr and in any national newspaper. invite 30 nominaTions for appointment of persons as members of the Commission. ( C J The members of the Commission must. \\hen \,iewed collectively. be representa- ti\e of :! broad cross-section of the population of the Republic. including women. and the President must endeavour to ensure participation b!, significant economic sectors. 35 ( 2 1 Tils Fresident must. when making an appointment in terms of subsection ( 1 )fo!(ii;. cktxmine- I I I J n htther the appointee is to be a full-time or part-time Commissioner: and f i~ I ths term of the appointment. which may not exceed five years. (3 J If' a acancy arises as a, result of the departure of a full-time Commissioner. the President may. on the recommendation of the Minister- ( ~ 1 / / I ) ( ( ' 1 \want: lea\.e the position if' the member's term of office has expired. reappoint that member subject to wction 9: or in any other case- I i j appoint a new member in accordance n.ith subsection ( 7 ) : or ( i i ) on the request of a part-time member, transfer that part-time member to fill that \,acancy on a full-time basis either for- ( a u ) the remainder of that member's term of office; or (hb) a term determined b!, the President in accordance with subsection 40 45 50 ( 4 ) If ;1 \.acancy arises as a result of the departure of a part-time Commissioner. the ( 3 ) . President may. on the recommendation of the Minister- f a i 1eaj.e the Dosition \.scant; (bl if the member's term of office has expired, reappoint that member subject to 55 section 9; or in any other case- ccl 16 No. 24287 GAZETTE. GOVERNMENT 22 JANUARY 2003 Act No. 71,2002 INTERNATIONAL TRADE AD.\IINISTRATION ACT. 2002 * e ( i ) appoint a new member subsection ( 2 ) : or on a part-time basis in accordance with (ii) on the request of a full-time member. transfer that member to fill that l'acancy on a part-time basis either for- f a r / ) the remainder of that member's term of office: or lbhJ a term determined by the President in accordance with subsection 5 ( 5 ) A person may not serve as Chief Commissioner for more than 10 consecutive ( 3 ) . vears. '. ( 6 ) The Minister must. with the concurrence of the Minister Gf Finance, determine the of employment ofthe remuneration. allowances. benefits and other terms and conditions Chief Commissioner. Deputy Chief Commissioner and each other member of the Commission. ( 7 ) During the term of office of a member of the ComwSsion. the Minister may not reduce the member's salary. alloumces or benefits. ( 8 ) The Minister ma! determine any other conditions of appointment not provided for in this section. but an! such conditions may not be of such a nature as to reduce the independence 01' the Commissioner concerned. Qualifications of' members 1 0 1s 9.1 1 ) To he eligible for appointment and to continue to hold office as a member of the 20 Commission, a person must- i a ) be ordinarii! resident in the Republic: and i h l ha\e suitablt qualifications and experience in economics, accounting, law, commerce. agriculture. industr!. or public affairs. ( 2 ) A person may not be a member of the Commission if that person- I CI I is an oftice-bearer of any party. mo\ ement. organisation or body of a partisan political nature: is an unrehabiiitated insolvent: 0 1 ) f c ) has been found mentally unfit by an order of a competent court: or i d ] has been con\,icted vf the Republic of South Africa. 1993 (Act No. 200 of 1993). took effect. and sentenced to imprisonment without the option of a fine of an offence committed after the Constitution Conduct of members 1 0 . i 1 ) A member of thr. Commission. and a member of the staff of the Commission. must not- investigation. hearing or decision concerning a matter I O / engagr in an! xtivitl. that may undermine the inteyity of the Commission; ( h i participate 11; an! in respect of \\.hich that person has a financial interest or an! similar personal interest. ah pi-;.s,ribed: make privats u:.c of. or profit from. an:, confidential information obtained as a result of performing that person's official functions i n the Commission; or information referred to in paragraph ic'i to any third party, except as required a5 part of that person's official functions within the Commission. ( i f ] divulge an!' 25 30 35 30 ( 3 I If. at an! time, it appears to a member of the Commission that a matter before the Commission concerns the financial or personal interest of that member, as prescribed, the member of the Commission must- 45 icri immediatel! and fully disclose the case of the Chief Commissioner. to the Deputy Chief Commissioner: and the interest to the Chief Commissioner, or in ibi withdraa. from any further involvement in the matter to the extent required by regulation. 50 ( 3 1 A member of the Commission must comply with any prescribed code of conduct for members. IX No. 21287 GAZETTE. GOVERNMENT 22 JANUARY 2003 .4cl No. 71.2002 JA'TERNATIONAL TRADE ADMINISTRATION AC;. 2002 c \a Resignation and removal from office 11. ( 1 ) A member of the Commission may. on one month's written notice addressed to the President- ( r l i resign from the Commission: or if he or she is a Chief or Deputy Chief Commissioner. resign from the post but remain as an ordinary member of the Commission. ( 2 1 The President. on the recommendation of the Minister- 5 ( a i must remove a member of the Commission from sf@e if the member- ( i ) ceases to be ordinarily resident within the Republic: or ( i i 1 becomes sub.ject to any of the disqualifications referred to in section 9(7-): 1 0 and remove a member from office only for- ( h i ma!' misconduct: serious ( i J ( i i ) permanent incapacity: ( i i i ! e n y g i n g in any acti\,it! that \ . may undermine the integrity of the 1 5 Commission: or ( i \ i failure to satisf! the prescribed standards of professionalism. attendance and participation in the functions of the Commission, XIeetings and decisions of Commission 11. ( 1 I The Chief Commissioner must con\'ene the first meeting of the Commission 20 and preside at that meeting. i? J A majority of the members of the Commission present at a meeting of the Commission forms a quorum. I 3 ) The Chief Commissioner must appoint of the at preside Chairperwn to Commission. meetings a member of the Commission as 7-5 ( 4 1 If the Chairperson is not present. ths members present at the meeting must nominate a member to preside at that mrering. (i I The decision of a majorit) of the memhers of the Commission present and voting on a matter is the decision of the Commission on that matter. (6) In the case of an equality of votes. the person presiding at the meeting ma)' cast a 30 deciding \'ate in addition to his or her deliberative vote. I 7 ) The Comnlission ma! make rules of order for its proceedings. but any such rules of order must be consistent uith this Act. Chief Commissioner 13. ( 1 1 The Chief Commissioner i < the Chief Executive Officer of the Commission, is 35 responsible for the general administration of the Commission. and must- i u i perfonn the functions that are conferred on the Chief Commissioner b!. or in terms of this Act: ( h i manage and direct the acti\.itiei ofthe Commission: and i ( ' i Commi\zion. staff of the \uper\.ise the 40 ( 2 ) The Deput!, Chief Commissioner- ' c i ) ma! pl-dorm an! functions of the Chief Commissioner as assigned by the Chief Commissioner: and i h ) must prrform the functions of the Chief Commissioner whenever the- ( i ) Chief Commissioner is unable for any reason to perform the functions of 45 the Chief Commissioner: or ( i i ) ofice of Chief Commissioner is vacant. i.3) The Chief Commissioner may assign another member of the Commission to perform any functions of the Chief Commissioner when the Chief Commissioner or the Deput!. Chief functions. those perform to is unable Commissioner 50 Committees 14. ( 1 ) The Minister may. by notice in the Caretre and at the request of the Commission- 1 0 15 20 No. 24787 GOVERNMENT GAZETTE. 22 JANUARY 2M3 .4ct No. 71.2002 IITERN.ATIONAL TRADE ADMINISTRATION ACT. 2002 \a c ( a / establish one or more committees of the Commission for any purpose within or ancillary to the functions of the Commission: and ( b i appoint persons recommended by the Commission to be members of a committee. ( 3 ) A request to the Minister contemplated in subsection ( 1 ) to establish a committee 5 must- fa1 propose specific terms of reference for the committee; 1 / 7 1 indicate whether the committee is a permanent committee or is established for a specific term: f c ) propose persons to be appointed to the committee and designate the proposed \ . chairperson of the committee: and i d ) set out time limits u,ithin u>hich the committee must report to the Commission. (-7) A committee ma\' consist of persons who are not members of the Colnmission but- - . i u i at l e u t half o f the members of each committee must be members of the Commission: and 0 9 1 persons u,ho are not members of the Commission may not vote. (4) if a committee i < permanent. the Minister must determine the term of office for each person appointed to that committee. ( 5 ) A committee decision is effective onl! if the dcc~sion is subsequentl! ratified by 10 the Commission. unless the notice establishing the ctmmittee exprexsl> authorises the particular decision t o be effective lvithout such ratifi:ation. Part B General functions of Commission '5 15. ( I The Commission must c a m out the functioI15 assigned t o i t in terms of this Act. an! other .\st or t.\ the Minister. i 2 ) The Commission must carr)' out any function that arises out of an obligation of thr Republic in term5 o f ;I trade agreement. if the Minister has assigned that function to the Commission. 3 0 ( 3 I The Comm~ssion ma!. Agreement. refer matters to an! Agreement. and ma! appear before such an institution. to the extent required or permitted by the S.4CU institution constituted b! or in terms of the SACU ( 4 ) The Commission ma>. subject t o section 1 4 5 ) . asiign any of its functions t O - Commission: ;I member of the r h i ;I committee established i n terms of section 11: ;I memher of the staff of the Commission: i r j i d ) a person referred to ( ( 1 ) an! combination of persons referred t o in this >uh\ection. in section 23: 01- 35 Customs duties. anti-dumping duties, countervailing duties measures and safeguard 40 16. ( I ) The Commission must investigate and e\xluate- l a ) applications in terms of {ection 16 with regard to alleged dumping. 01- subsidised exports. in or into the Republic or the Common Customs Area: ( h i applications i n terms of section 16 u 3 h regard to safeguard measures: ( ( ' 1 applications in terms of section 36 with regard to amendment of customs duties in the Common Customs Area: and t d ) matters with regard to safezuard measures or amendment of customs duties in the Common Customs Area. that the- consider: directs to ( i ) Minister Commission the ( i i ) Commission considers on its own initiatile. or ( 2 ) Sections 16 and i O ( I )(ai. each read nith the changes required by the context. apply to an investigation undertaken by the Commission in terms of subsection (1 )(rl). 35 50

11 No. 24187 Act No. 71,2002 INTERN.4TlONAL TRADE ADMINISTRATION AC,T. 2002 * GAZETTE, GOVERNMENT 23 JANUARY 2003 (3) The Commission may. after evaluatinz a matter in terms of subsection ( 1 ), take appropriate steps in accordance with this Act and the SACU Agreement and inform the Minister and the Tariff Board of its evaluation. Issuing of permits or certificates

17. The Commission may investigate. evaluate and determine applications and issue 5 or recommend the issuing of permits or certificates. in terms of- the rebate and drawback provisions of the Customqyd Excise Act: or ( n l f h l Part .4 and B of Chapter 4. hlonitoring trade and other matters Commission- 1s. The , + must monitor. revieu. report t o the Minister on and. when appropriate. advise the Minister in respect of. any matter referred to it by the Minister that affects or might affect trade and industn: and (/?I may investigate matters relating to its functions in terms of this ,4ct. Information with sharing SACU institutions Member and States I 0 1s

19. Subject to Part D of Chapter 1 and the Promotion of Access to Information Act. 3000 (Act No. 3 of 3000). the Commission- ( 0 1 must provide information to the SACU Secretariat or one or more Member States. ah required in terms of this Act or the SACU Agreement: ( h i ma! request such information from the SACU Secretariat or one or more 30 hlember States. as permitted in terms of the SACU Agreement: and (c'; ma!. exchange information with the National Body established by any Llzmber State. Relations with SACU and Member States Commission

20. The may- 95 io J engage with an entity of SXCU or the National Body of one or more Member staff States in eo-operative activities of research. publication. education. de\,elopment and training: or in consultation with the Minister- i i ) enp_re Lvith an entity of SACU or the National Body of an). Member 30 ( h i State in staff exchanges or secondment of staff: or i i i ) provide technical assistance or expertise to. or request such assistance from. an entity of SACU or the National Body of a Member State. Relations with domestic agencies Commission 21. ( 1 I The ma!- icrl enter into an agreement ~ i t h an) regulatory authorit) or organ of state to co-ordinate and harmonise their respective functions with regard to interna- tional trade matters. in order to ensure the achievement of the objects of this Act: and (11) v, ith regard to a particular matter within its jurisdiction- t i ) delegate its functions to such a regulatory authority or organ of state. as contemplated in section 938 of the Constitution: or i i i ) act in accordance with the agreement referred to in paragraph ( u i . (2) A regulatory authority or organ of state that, in terms of any lam. has jurisdiction matters trade international over may- ( a ) enter into an agreement referred to in subsection (1 ), with the Commission: and ( h ) with regard to a particular matter within its jurisdiction- the ti i delegate such matter to the Commission as contemplated in section 238 or ( i i ) act in accordance with the agreement referred to in paragraph (01. Constitution: of 35 40 35 50 and Act: 2 1 No. 24787 GOVERNMENT GAZETTE. 27 JANUARY 7003 Act No. 71,2002 INTERSATIONAL TRADE ADhlINISTRATION ACT. 2002 c * .i9 (3) The Commission may- ( a ) participate in the proceedings of any regulatory authority or organ of State: and ( 0 ) advise. and receive advice from. any regulatory authority or organ of state. Public information and reporting 22. ( I ) The Commission- 5 (aj must implement measures to promote public awareness L. this of the proiisions of f h ) may provide ad\zice to industry or interested persons in the prescribed manner and form. 10 ( 3 ) The Commission must report to the Minister on- ( a ) any matter relating generally to the implementation of the objects of this Act: and ( h ) the results of an). investigation. monitoring or re\,iew carried out in terms o f section 18. 15 ( 3 ) The Chief Commissioner must within six months after the end of the financial year of the Commission. prepare and submit to the Minister an annual report in the prescribed form, containing- the audited financial statements prepared in terms of section 23(S): ( ( 1 1 0 7 ) the auditor-general's report. prepared ( ( ' J a report on the performanct. of the Commission and of activities undertaken in in terms of section 24(9): 110 terms of this Act: and (ti) any other information that the Minister ma)' require. ( 3 ) The Minister must table the annual report in Parliament within 13 days of receipt thereof if Parliament is sitting or. if Parliament is not then sitting, within 13 days of the 25 commencement of the nest sitting. ( 5 ) The Minister may table i n Parliament an!. other report submitted regarding- i c i ) a statement of the progress achieved during the preceding year towards realisation of the objects of this Act: and Minister. by the information determined i h ) an! other 30 Part C Stafi jinances and administration of Conmission Staff of Commission 13. ( 1 I The Chief Commissioner ma>- ~ N I appoint staff or enter into contracts with other persons Commission in caqzing out its functions: and to assist the 35 i h ) in consultation with the Minister and with the concurrence of the Minister of Finance. determine the remuneration. allowances. benefits and other terms and condition< of appointment of each member of the staff. ( 2 ) The Minister mal-. M.ith the concurrence of the Minister of Finance. determine the 40 remuneration paid to a person who is appointed in terms of subsection i 1 ). but \vho is not in the full-time senice of the Commission. Finances of Commission 14. ( 1 ) The Commission is financed from- by Parliament: 35 appropriated is that (a) money fhl prescribed fees: (c) income derived from the investment and deposit of surplus money in terms of subsection (6): and ( d ) money recei\.ed from any other source. ( 3 ) The financial year of the Commission is the period from 1 April in any year to 31 50 March in the following year, except that the first financial year begins on the date that this Act comes into operation, and ends on 3 1 March next following that date. 26 No. 742s: Act No. 71,2002 GOVERNhlENT GAZETTE. 32 JANUARY 2003 INTERSATIONAL TRADE ADMINISTRATION ACT. 7002 * 0 c t ? I Each year. at a time determined by the Minister, the Commission must submit to the Minister a statement of its estimated income and expenditure, and the requested appropriation from Parliament, in respect of the next ensuing financial year. (31 The Commission must open and maintain an account in its name with a registered bank. or other financial registered institution. Republic. f r / / deposit an! mane>' received into that account; and ( h i e\.ery payment made on its behalf must be made from that account. in the and- 5 ( 5 ) Cheques dra\im on the account of the Commission must be signed on its behalf b!, t M o persons authoriaed for that purpose by a resolution of th Commission. ( 6 ) The Commission may invest or deposit money that is not lmmedlately required for 1 0 \ contingencies or to meet current expenditures in- ( a i a call or short-term fixed deposit account with any registered bank or financial institution in the Republic: or f h i an in\.estmenr account mith the Corporation for Pu$lic Deposits established in t e r m of section 2 of the Corporation for Public Deposits Act. 1984 (Act KO. 15 16 of 10x1,. 1 7 I The Chief Commissioner is the accounting aqhority of the Commission i n terlns of thc Public Finmce hlanagement .4ct. ( 8 I The Chief Commissioner must prepare financial statements for the Commission \\ithin aix monrhs after accounting practice. principles and procedures. consisting of- the end o f each hnancial year in accordance a i t h established ?(, ~ C / I a statemenr reflecting. n,ith sufiicient particulars. the income and expenditure of the Commission during the preceding financial ).ear: and i i , ~ ;I balance sheet sho\ving the state of its assets. liabilities and financial position end 35 at the o f thar financial !.ear. ( 9 1 The .Aud~tcwGeneraI must each year audit the financial records ' 5 of the Commi~>ion. Liabilit!

25. The State Liahilit! Act. 1957 (Act No, 20 of 1957). read with the changes required ths context. applie\ t o the Commis~ion. but a reference in that Act to '.the Minister the Departrnent concerned" interpreted as referring to the Chief must be b! of Commissioner of the Cornmission. 30 IN-ESTIG.L\TIOZ, E\:4LUATION AND ADJUDIC4TION PROCEDURES CHAPTER 4 Part A Applications 26. [ 1 I .A person may. in the prescribed manner and form. apply to the Commission tor- l an import or export control permit. or an amendment of such a permit. in terms 40 oi. Part H of this Chapter and the regulations; I / > / a rebate permit or certificate in terms of the Customs and Excise Act; I ( ' ) regard with State. I L O an amendment in respect of the amendment of customs duties. including _rood\ imported into the Common Customs Area from a country that is not a LIember anti-dumping duties: ( i I I i i I c o u n t e n d i n g duries: or j i i i ) safeguard duties: or the imposition of safeguard measures other than a customs duty amendment. to- 45 (31 The Commission must. subject to section 30(1) and (3). evaluate the merits of 50 e\er! application received by it and dispose of each application- 18 No. 21287 GAZETTE. GOVERNMENT 22 JANUARY 2003 4 c t No. 71,2002 Ih'TERN.4TlONAL TR.4DE AD5IINISTR.4TION ACTk2002 * c (u1 received in terns of subsection ( 1 Kc{) or (h). in accordance with Part B ofthis Chapter: or (01 received in terms of subsection ( 1 X C J or ( d l . in accordance with Part C of this Chapter. ( 3 ) (ai The Commission ma!. before considering an application. Five notice of the 5 application in the Ga:etrc. ( h J If it does so. the Commission must- ( i ) allow interested parties the prescribed time to make written representations concerning the application: and i i i ) ensure that notice of its decision or recommendation in the matter \ ' is 10 subsequentl! published in the Gu:crte. ((1) ( 3 ) The Commission nu!'- require an applicant application: or request further information from terms of subsection ( ? ) ( / I / . Ibj to prmide additional informaxion in respect of the < . an!. person who makes a representation in 15 ( 5 An!. person ma! \.oluntaril!- file with the Commission an\. document. afida\,it or statement of the vieus o f that person u,ith regard to the application. or other relevant information. (6) The Commission ma!. amend or revoke a decision or recommenclation concerning 20 an application if- ( ( { / i i l , (c,) \va\ based on incorrect infor~nation and the the decision or recommendation applicant or supplier of the information- ( i ) was responsible for the error in the information: and ( i i ) henefited or could ha1.e benefited. from the decision or recommendation: 15 the decision \ \ a s obtained b! deceit: or a person has breached an obligation attached to the decision or recornmenda- tlon. Part R Import and export corltrol permits and rebate permits 30 Authority of Commission to issue import and export permits and rebate permits 27. i 1 ) ici) The Commijsion n w t . after e\.aluating an application made in terms of section 3-6( 1 J ( a ) or (hi- ( i ) refuse the application: or ( i i ) appro\ e the applicarion in whole or in part and njth or without conditions. , / I , If it appror'es the application. the Commission must t a k appropriate steps to gi1.e effect t u its decision in accordance w i t h this Act or the Customs and Excise ,4ct. ( 2 ) A permit issued under subhcction ! I ma!. with regard to the goods i n question. prescribe- the quantit! or value of good\ which may be imported or exported: ( a / (0) the price at M hich the good\ ma! be imported or exponed: i c ) ( d ) the port through or from which the goods may be imported or exported: ( e ) the period during v.hich the goods ma). be imported or exported: the countr! or territor! exported: the manner in u hich ths goods ma!. be imported or exported: from or to which the goods (,fj ( g ) conditions relating to the possession. ownership or disposal ofthe goods after may be imported or 3 5 40 4.5 the), ha\ e been imported. or the use 10 which the! ma)' be put: or (17, an!. other related conditions. ( 3 ) Despite an! other provision of this Act. a permit issued in terms of this section 50 with regard to goods that are the subject of a notice issued b) the Minister of Defence in terms of section 4C( 1 ) ( u ) of the Armaments Deyelopment and Production Act. 1968. is deemed to have been revoked as of the date of that notice. i i c t No. 71.2002 INTERN.4TIONAL TRADE ADr\lINISTRATION ACT. 2002 * 0 e Authority of Commission to demand trade information

28. The Commission may. in writing. direct a person w h e imports. exports. trades or manufactures any goods: or i u i ( h i in the course of whose or its business or trade. handles or has control of any pK)dS. to pro\ide the Commission. M ithin a specified time. with any information relating to the import. export. manufacture. supply or storage of the goods in question. Authorit!- of' Commission to suspend or cancel permits L. .

19. The Commission may suspend or cancel a permit issued in terms of this Act in accordance u,ith this Chapter and the re9ulations. 1 , P a r t C Customs dut) applications 30. ( I J The Conmi\sion must. upon receipt of an application in ternls of section 261 1 I ( ( ' J o r f ri 1- notif! the S.r\CU Secretariat of the application; and ihJ axcrtain \\.hether an application dealing with a substantially similar matter is palding before the relevant SACLI institution or has been decided upon by the rcle\ ant SACI' institution within the previous six months from the date of that application. ( 2 ) I t the Comrnizsion determines that an application before it deals with a wbst;mtiall! ( ( / / 0 1 1 \imilar matter contcmplated in subsection ( 1 ) ( / I / . the Commission may- ad\i\e the applicant in \f.riting that the application w i l l not be considered and i ~ i o r n ~ i n \ e t i p t e and e\Auate the application and recommend to the that th- application be a p p r o \ d or rejected. the S.4CU Secretariat accordingly: or Tariff Board ( 3 ) I f the Commission determines that an application before it does not deal with a i n subsection ( 1107). the Commission must the Tariff Board that the suhtantiall! ~imilar matter contemplated e\aluatc the merit5 of the application and recommend to appiication be appl-o\.ed or rejected. ( 4 1 The Commission must. \\.hen evaluating a matter in terms of this section. apply an! rt.ie\-ant rules of anal!,sis established b!. of policy mandates. procedures or guidelines contemplated in Article 8(2). the SACU Council through the fonnulation ( 5 J i o ) The Commission ma!.. \vhen considering an application referred to in section 26( ! c ) . request the Commissioner for the South African Re\.enue Service to impose a pro\ Iiional pa! ~ncnt contemplated in Chapter \'I of the Customs and Excise Act. If the Commission has acted in terms of paragraph ( n J it must make a final recommendation to the Tarif Board M.hen it has completed its evaluation. Requests 31. ( 1 ) The Commission ma!' receive requests from SACU t o - l o ) e\aluate a recommendation made to the Tariff Board by another Member State: or f h j i n \ estigate and compile information available within the Republic concerning such a recommendation. ( 2 ) The Commission may receive a request from the National Body of a Member State t 0- r r r ) emluate an application for Y~lt.mber State: or inxitigate and compile infornlation available within the Republic concerning such an application. a customs duty amendment received by that ( h ] (3) The Commission must. upon receiving a request in terms of subsection (l)(a) or ( 2 ) ( u ) . evaluate the application or recommendation. and make a recommendation to the Tariff Board concerning the matter. 3 2 No. 211s: Act No. 71.2002 INTERNATION.AL TRADE ADAIINISTRATION ACT+?002 * 0 GAZETTE, GOVERNMENT 22 JANUARY 2003 (4 J The Commission must. upon receiving a request in terms of subsection (l)(b) or ( 2 ) ( h ) . conduct an investigation report concerning the matter to the Tariff Board or relevant National Body. as the case may be. or compile the information requested and deliver a ( 5 ) Section 26. read with the changes required by the context, applies to a request received by the Commission in terms of subsection ( 1 ) or ( 7 ) . ( 6 ) The Commission may request the National Body of another Member State to- l a ) evaluate- l i J an application for c u s t o m duty amendment q e i v e d by the Commis- sion: or ( i i J a recommendation made to the Tariff Board by another Member State; or i h ) investigate and compile information available within its jurisdiction concern- ing such an application or recommendation. c , Consideration of alleged dumping and subsidised exports 31. ( 1 I Despite section 1 . in this section- 7 i u i "export" means to bring or send goods. or to causs them to be brought or sent. f h ) .Area from ;I countr!' or territory outside the into the Common Customs Common Customs Area: and "eaporter" means an!. person who brings or send5 goods, or causes them to be brought or sent. into the Common Customs Area from a country or territory outside the Common Customs Area. ( 2 ) For the purpose of considering an application alleging the dumping or subsidised export of' goods into the Common Customs '4rea- to that sale: for goods sold for export, net to subsections ( 3 ) and ( 5 ) . means the price actually of all taxes, discounts and f u J "export price". subject paid or payable rebates actually granted and directly related "normal value". in respect of any goods, means- ( i ) the cornparable price paid or payable in the ordinary course of trade for like goods intended for consumption in the exporting country or country of origin: o r in the absence of information on a price contemplated in subparagraph ( i 1. either- ( c u i the constructed cost of production of the zoods in the country of origin w,hen destined for domestic consumption, plus a reasonable addition for selling. general and adminihtrative costs and for profit; 0 I- ( i i 5 IO 15 70 75 30 35 hi^, the highest comparable price of the lihc product when exported to a n appropriate third or surrogate counir!. as long as that price is representatlve: ic.1 "subsidised export" means goods exported into rhc Common Customs Area. 40 in respect of which the government of. or a public. hod! within. any country- ( i ) has prolided- f ( M an!. form of financial aid: h , j h an! form of assistance aith its production. manufacture, transpor- tation or export: or an! similar assistance: or an! government or public body: and re\'enue that would otherwise be due to that l i i ) has foregone i d , "public bod! '' includes a person or body that acts on behalf of the government of. or another public bod! within. a country. (3) The Commission must. in determining the margin of dumping of goods. make reasonable allonmce for differences taxation and other differences affecting price comparability. in conditions and terms of sale, differences in (4) If the Commission. when evaluating an application concerning dumping, concludes that the normal value of the goods in question is. as a result of government intervention in the exporting countr!. or-country of origin. not determined according to 35 50 55 free market principles. the Commission may apply to those goods a normal value of the goods. established in respect of a third or surrogate country. ( 5 ) The Commission must, despite the definition of "export price" set out in subsection (2). a.hen evaluating an application concerning dumping that meets the criteria set out in subsection (6). determine the export price for the goods in question on first resold to an independent the basis of the price buyer. if applicable, or on any reasonable basis. at which the imported goods are (6) Subsection ( 5 ) applies to any in1,estigation of dumping if, in respect of the goods concemed- x\ ( a ) there is no export price as contemplated ( b ) there appears to be an association or compensatory arrangement in respect of in the definition of dumping: the export price between the exporter or foreign manufacturer concerned and the importer or the third part! concerned: or the export price actuall). paid or pa! able is unre7jible for any other reason. rc) Part I) Right of informants to claim confidentialit! 33. ( 1 ) A person ma>. when submitting information to the Commission. identif), information that the person claims to be information that- is confidential by its nature: i r r / ( b i the person otheruise wishes to be recognised as confidential. or 5 10 15 20 ( 2 j A person making a claim in terms of subsection ( 1 \ must support that claim with- ((1) a Lvrittzn statement in the prescribed foml- ( i ) explaining, i n the case of information that is confidential by its nature. horn, the information satisfies the requirements set out in the definition of 25 "information that is by nature confidential" in section 1 ( 2 ) : or ( i i ) motivating. in the case of other information. why that information should be rzcognised as confidential: and i h , either- ( i ) a written abstract of the information in a non-confidential ( i i I a sworn statement setting out the reasons why it is impossible to compl!. form: or 30 with Subparagraph ( i ) . Determination b!- Commission 34. i I 1 If a person makes a claim in terms of hection 33. the Commission must- ((11 0 1 , in the ca3e of infomation claimed whether the information sltisfies the requirements "information that is by nature confdendal" set out in section 1(2 j: or i n the case of other information. dermnine whether the information should be recognised ah confidential. to be Confidential by nature. determine of the definition of 35 ( 2 ) If. upon considering a claim in tern15 of subsection ( ] ) ( a ) . the Commission 30 determines that the information is not. b). nature. confidential- ( ( 1 ) f b ) the Commission must in\.itr the information to be rccosnised as otherwise confidential; and if the claimant submits such a moti\,ation within the prescribed time. the the claimant to submit a further motivation for Commission must reconsider the claim in terms of subsection final determination in terms of subsection ( 1 ) or (2j(h). the ( I )(h). ( 3 ) Upon making a Commission- 35 ( a ) must notify the claimant (hi may. if it has determined that the information is not. by nature, confidential or in lvriting of its determination; and should not be recognised as being otherwise confidential. advise the claimant SO that the information will not be considered in determining the merits of application or other matter in question. an 36 K O 14287 GAZETTE. GOVERNMENT 22 JANUARY 2003 Act No. 71.2002 INTERNATIONAL TRADE Proceedings in contested claims .I\DMINISTRATION ACT. 2003 * G c 35. ( I A claimant affected by a determination of the Commission in terms of section 3 4 3 ) ma!- appeal against that determination to a High Court. subject to its rules, in the prescribed manner and form. ( 2 ) .A person who seeks access to information which the Commission has determined 5 is, by nature. confidential. or should be recognised as otherwise confidential. may- i o ) first. request that the Commission mediate between the owner of the and person: information that and k . 0 1 , failing mediation in terms of paragaph ( a i . apply t o a High Court for- t i ) an order setting aside the determination i i i J any appropriate order concerning access to ( 3 , Upon appeal i n terms of subsection ( 1 1. or an application in terms of subsection of the Commission: or that information. : . Court High ( 2 ) i h i . the may- ( ( 1 ) determine nzhether the infornution- or confidential: ( i ) is. b! nature. i i i ) should be recognised ax being otherslise confidential: and ( h i if it determines that it is contidential. make any appropriate order concerning accesh to that confidential information. 1 0 15 Disclosure of information 36. ( 1 ) The Commission must treat any information that i.; the subject of a claim in 30 information. term5 of this Part as confidential until a Iinal determination has been made concerning such information. ( 2 ) Once a confidential onl! confidential final determination has been made concerning any information. final determination has accepted to the extent that the it to be it is ( 3 , For the p u r p o m of this section and section 37. "final determination" means a decision by- f u ) the High Court. that in terms of the rules of court ma! not be appealed, or has Court Supreme i h J not been appealed within the time allowed: or the of' .4ppzal. Restricted use of information 25 30 37. ( 1 (cc) \-hen making any decision in terms of thih Act. the Commission may take in m a h g its decision. confidential information into account 0 7 1 If the Commission's reasons for the decision would I-e\real any confidential information. the Commission must. after publishing its decision in the matter, provide a 35 copy of the proposed reasons to the part!' concerned within the prescribed time before publishing those reasons. ( 2 ) X party ma! appl! to a High Court. subject to its rules. \\,ithin the time period contemplated in s~~bsecrion 1 j i b ) after receiving a cop)' of the proposed reasons. for an approprlate order to protect the confidentiality of the rele\.ani information. 30 ( - 3 If a part! Jpplies to the High Court i n terms of subsection (2). the Commission must not publish the proposed reasons until a final determinarion in the matter has been made. Part E Powers of irzvestigative search and inspections 35 Appointment of investigating officers 38. ( 1 The Chief Commissioner mal appoint an): person in the service of the Commission. or any other suitable person. as an investigating officer. 12) .4n investigating officer must be provided with a certificate of appointment signed by the Chief Commissioner stating that investigating officer in terms of this Act. the person has been appointed as an 50 (3) When an investigating officer performs any function in terms of this Act or any other Ian. the investigating officer must- 38 No 242s; GOVERNMENT GAZETTE, 12 JAKUARY 1003 Act No. 71.2002 INTERSATIONAL TRADE ADSIINISTRATION ACT. 2002 0 \9 c ( u I be in possession of a certificate of appointment issued in terms of subsection ( 2 ) : and ( b ) show that certificate to any person u.ho is affected by the investigation. or if no one is present on the premises. affix a copy of the certificate to the premises in a prominent and visible place and proceed with the execution of the relevant function. Summons 39. ( I i The Chief Commissioner may- \% . i n ) direct the Commission. a committee or an investigating officer to question an)' person under oath or affirmation: or Commission. the to *. 2 i h ) give directions prohibiting or restricting the publication of any evidence given ( 2 ) The Chief Commissioner ma!'. at an). time during an ihvestigation in terms of this of the Act. wmmon an! person who can furnish any infomntion i n \ estigation. or ndlo has possession or control of qny book. document or other object that has a hearing on that subject to- on the subject f a ) appear before the Chief Commissioner. the Commission. ;I committee or a person authorised by the Chief Commissioner t o be questioned: or t o in the a committee or a t h i deliver or produce an). book. document or other object referred summons. to the Chief Commissioner. the Commission. person authorised by the Chief Commissioner. at a time and place specified in the summons. 1 3 ) The Commission or a committee ma:,- i u ) accept oral submissions from ~ / J J accept as evidence any relevant or31 testimony, document or other thing. an! person; it is gii.211 or pro\'en undfr oath or affirmation: or \\auld be admissible ah e\.idence in court: or a.hether or not- I i ) ( i i ) refuse to accept an? oral testimon). document repetitious. or other thing that is undul!. ( ( ' 1 I \Vhen the Commission or a committee hears oral testinion!, in terms of subsection l t t 3 I. the Commission or committee- may require the witness who evidence gi\Sen. in the prescribed manner and form: and U ~ J testified to deli\.er a sworn statement of the r h i must. after the witness has complied. disregard the oral testimon!. of that witness and consider on]> the urritten statement of e\,idence of the itness. lfltnesses 40. i 1 ) A person questioned or gi\.in; e\.idcnce in terms of section 39. mu<: ans\wr ever! rele\-ant question truthfully and to the bed of that person's abilit). ( 2 ) The lau regarding a witness' privilege in a criminal case in a court of I a n applies equall!, to a person who is giving evidence in terms of section 39. (j 1 .A self-incriminating anslyer given a person exercising powers in tenns of this Act is not admissible as e\idence against the person u.ho ga\'e that ansu'er or made an offence contemplated i n section -53 or % ( ? ) f r i I . that statement in criminal proceedings. except for perjur) or or statement made to Import and export control inspections 31. ( 1 ) A n i n \ estigating officer may. subject to section i8(3). conduct an inspection 10 determine Lvhether Part B of Chapter 1 or an! notice issued in terms of section 6 are being 01 have been complied v 3 h . and for that purpose may at any reasonable time- ((2) enter upon and inspect an:, place. premises or vehicle in or on n.hich any - goods to which section 6 applies are stored. manufactured. supplied. handled. sold. removed. transported or otherwise dealt n,ith: _ - 40 No. 242x7 GAZETTE. GOVERNMENT Act No. 71.2002 ISTERN.ATIONAL TRADE ADMINISTRATION ACT,200? 2 2 JANUARY 2003 *' u system. to use computer that or document from the owner of. search for an!' data contained in or available to that computer system: and or request information about any article person in control of. the premises or from any person who has control of the article or document or from any other person who may have the information; use an) computer system on the premises. or require assistance of any person on premises the (i ) ( i i ) reproduce any record from that data: attach. and. safekeeping. anything that has a bearing on the inspection. direct an!. person who manufactures. supplies. stores. handles, sells. removes. transports or orherniae deals with any goods to which section 6 applies. or Lvho has done any of those things with regard to such goods, or the servant or agent of such a person to- r i i produce to the inwstigating officer an). suc&ioods or any book or other if necessar).. remove from the premises for examination and to- 5 I O document in connection with such control of that person: or goods in the custody or under- the 15 ( i i ) furnish the in\estigating officer withany information in relation t o those goods that the investigating officer specifies: or document. or make extracts from or inspect an! such goods. any book copies of an! such book or document: seize an! wch goods. an!' book or document that may afford evidence of an! offence i n terms of this .4ct: and leave o n such goods. book or document or the container in which they are located. an\' identification mark or seal. ( 2 i Section 43 t o 15 do not appl!, to a n inspection in terms of this section. 20 25 Conduct of entry and search -12. ( I ) A person M.ho enters and searches any premises must conduct the entry and search L\ ith strict regard for decenc!. and order. and with regard for each person's right to dignit!,. freedom. security and privac).. (21 During a search o n l y a female investigating officer or female police officer may 30 search a female person. and on]!. a male in\,estigating officer or male police oflicer may search a male person. 1.7 ) A person u.ho enters and searches premises must. before questioning anyone- ( ( / ) ad\,ise that person of the right to legal representation: and h f allov. that person t o exercise that right. j (4) .r\ person v-ho remo\.es an!.thing from premises being searched must- 35 ~ issue a receipt for it to the owner. or person in control of. the premises: and 1 ( ! h i return it as soon as practicable after achieving the purpose for which it u'as renlovcd. ( 5 An! person Lvho has custody or control of p o d s . books or documents referred to 40 in hection 41. mu\t. subject to subsection (6). give the investigating officer the necessar! assistance to e u m i n e those goods. books or documents. when requested to do so b!. the i n \ estigatin_r officer. 161 During a search. a person may refuse to permit the inspection or remo\,al of an article o r document on the grounds that it contains confidential information. 15 17) If the owner or person in control of an article or document refuses. in terms of \ubsection (6). to give that article or document to the person conducting the search. the person conducting the search may request the registrar or sheriff ofa High Court that has jurisdiction to attach and remove the article or document for safe custody until that court confidential. not is information determines Lvhether or the 5 0 ( 8 ) Section W ( 3 ) applies to an answer giyen or statement made to an investigating officer in terms of section 11. ( 9 ) A person authorised assisted b! a police officer. to conduct an entr) and search may be accompanied and 12 No. 212si GAZETTE. GOVERNMENT 12 JANUARY 2003 Act No. 71.2002 INTERNATIONAL TRADE AD%IINISTRATION ACT, v 2002 * ( 1 0 ) A police officer who is acting in terms of subsection (9). may. if entry and search is is refused. overcome resistance reasonably required, including breaking a door or window of the premises. to the entry and search by using as much force as ( 1 1 ) The police officer must, before using force in terms of subsection ( I O ) , audibly to or dispose of an article or of the entry. unless it is reasonable demand admission and announce the purpose believe that doing document that is the object of the search. induce someone to destroy so ma- ( 1 2 ) The Commission ma\ compensate anyone who suffers damage because of a forced entry during a search when no one responsible for thepremises was present. Power to enter and search under warrant 43. ( 1 ) A judge of a High Court, regional magistrate or a magistrate may issue a 5 10 ivarrant to enter and search an!. premises that are within th'e,jurisdiction of that judge or magistrate. if. from information on oath or affirmation. there are reasonable grounds to believe that anything connected with is in the possession of. or under the control of. an investigation in terms of this Act ;I person who is on or in those premises. .4 \\.arrant to enter and search ma!' be issued at an! , ( ( / ) ( h i authorise an in\estigating oficer or a police officer to enter and search the identif! thr premises that may be entered and searched: and time and must specifically- 0 15 premises and to d o anything referred to in section 15. is (-3 1 A Lvarrant to search enter and I d i d until the- warrant is exxuted: i o ) ( 1 1 ) \\arrant is cancelled by the person who issued it or. in that person's absence. b! a person uith similar authority: purpose for issuing it has lapsed: or c I t t l i expir! of one that month date the after it was issued. 11) X warrant to enter and search may be executed only during the day. unless the person \rho issued it mthorises that reasonable in the circumstances. i t ma!. be executed at night at a time that is ( 5 1 A person executing a warrant must before commencing with the execution of the L4 arrant- I ( I I provide identification to the owner or person in control of the premises and explain to that person the purpose of the warrant: and 117) hand a cop! of the warrant to that person or to the person named in it. 1 6 ) If no one is present on the premises. affix a copy of the warrant to the premises in place. visible and ;I prominent Power to enter and search without warrant 1-1. i 1 I An in\,estigating officer ma!'. \\,ithout a warrant. enter and search premises other than a pri\.ate d v elling. 121 The investisatin: officer conductin: the search must. before entering and searching- I CI] belie\.e on reasonable grounds that a n'arrant would be issued under section 43 2 0 25 30 15 4 0 if applied for. and that the dela), in obtaining a warrant would defeat the object or purpose of the entry and search: and /h, provide identification to the owner purpose that the explain person to or person in control of the premises and or of the search: 45 i c ) get pernlission from that person to enter and search the premises. J A n entr! and search without a warrant may be carried out only during the ( 3 da!,. unless carr!.in_c i t out at night is justifiable and necessary. Power to enter and search 45. ( 1 ) Section 42. read with the changes required by the context, applies to an entry and search under section 33 or 34. ( 2 ) A person who is acting under section 33 or 43 may- (crl enter upon or into those premises: ( 0 ) search those premises: 5 ( ( ' I search any person on those premises believing that the person has personal possession e an article or document if there are reasonable grounds for that has a bearing on the inlwtigation: i d ) examine an!' article or document that is on or in those premises that has a 10 rei ( f i bearing on the investigation: request information about or person in control of. the premises or from any p'eison who has control ofthe article or document. or from an! other person tvho may have the information: take extracts from. or make copies the premises that has a bearing on the investigation: an! article or document from the owner of. of. an! book or document that is on o r in 15 ( , q 1 use an!. computer system on the premises. or require assistance of any person on the premises to use that computer system. to-- search an!' data contained in or available to that computer system: and ( i ) data: from reproduce record any ( i i 1 / h i attach. and. if necessary. remn'e from the premises for examination and that and safekeeping. anything that ha5 a bearing on the investigation. [ i I Section JOi 3 ) applies to an ansu er gi\.en or statement made to an investigating oiiicer in tern15 of this .section. Part F Reviews and appeals 46. ( 1 A person affected by a determination. recommendation or decision of the Commission in terms of section 16 or 17 or this Chapter. may apply to a High Court for rs\.ie\ a decision. recommendation or determination. of that 20 25 3 0 ( 2 1 Subject to item 2 ( 3 ) of Schedule 2. a person affected b! a decision of the SACC Council. arising in u.hole or in part out o f a recommendation of the Commission in terms of this i2ct. ma! appl!, for a re\ieu of that decision only to an institution designated b) or in tenns of the S.r\CU Agreement. and i n accordance with the rules ofthat institution. ( 3 I The High Court ma!.. in a re\,ien, in terms of subsection ( I ) or item 3 3 ) of 35 of costs against any party. or against any Schedule 2 . make an order for the payment perwn \vho represented a part) in the proceedings. according to the requirements of the Ian and fairness. Appeals 17. ( 1 ) .4n appeal against a decision of the High Court in respect of a matter within its 30 jurisdiction in terms of section 46 lies to the Supreme Constitutional Court. only with leave to appeal. and subject to their respective rules. Court of Appeal. or the ( 2 ) The right to appeal in terms of subsection (1) is- f n i subject to an!. appeal: i h ] not limited b!, law that specifically grants. limits or excludes any right of and the monetary or non-monetary value of the matter in dispute. t 3 ) A court granting leave to appeal in terms of this section may attach an) appropriate conditions. including a condition that the applicant provide security for the costs of the appeal. ( 4 ) Section 21(1A) to ( 3 ) ( e ) of the Supreme Court Act. 1959 (Act No. 59 of 1959). 50 read \vith the changes required b)- the context. applies to an application to the Supreme Court of Appeal for leave to appeal under this Act. 35 16 No. 21287 Act No. 71.2002 INTERKATIONAL TRADE ADMINISTRATION A C Z 2002 * c GOVERNMENT G A Z E T E . 22 JANUARY 7003 CHAPTER 5 ENFORCEMENT AND OFFENCES Variation of order

38. The Commission may. of its own accord or on application by a person affected by a determination. recommendation or decision of the Commission, vary or rescind that determination. recommendation or decision- 5 (([) in which there is ambiguity. or an obvious error or omission, but only to the extent of correcting that ambiguity. error or omission: or x. . ( h , erroneously sought in the absence of a party affected by it: ( c ) made as a result of a mistake common to all of the parties to the proceedings. 1 0 '. ' Standard of proof

39. In any proceedings in terms of this Act. other than criminal proceedings. the standard of proof is on a balance of probabilities. Breach of confidence 50. ( 1 1 It is an offence to disclose any confidential information concerning the affairs 15 of any person obtained- i n carrying out any function in terms of this Act; or ( ( 1 ) t h j as a result of initiating a complaint. or participating in any proceedings in terms of this Act. i 3 I Subsection ( 1 ) does not apply to information disclosed- 30 for the purpose of the proper administration or enforcement of this Act: i o i h ~ for the purpose o f the administration of justice: ( ( , I at the request of an investigating officer or member of the Commission entitled to receive the information; or ( d ) nithin the terms of appropriate order of access made in terms of section 3 3 2 ) . 2.5 Hindering administration of Act

51. It is an offence to hinder. obstruct or unduly influence any person who is exercising a pow.er or performing a duty delegated to conferred or imposed on. that person b!, this Act. Failure to attend when summoned

52. It is an offence. \vhen summoned in terms of section 39. to- ( a ) fail. without sufficient cause. to appear at the time and place specified or fo remain in attendance until excused: or ! h i attend as required. but t be to fail to produce a book, document or other item as ordered, if it is in the possession of. or under the control of. that person. ~ sw'om in or to make ( i ) refuse ( i i ) an affirmation: or - Failure to answer fully or truthfully

53. It is an offence. having been sworn in or having made an affirmation tc- fail to answer any question fully and to the best of one's ability: or ,a) 0 1 ) give false evidence. knowing or believing it to be false. 30 35 40 INTERN~ATIONAL TR.4DE ADMINISTRATION ACT. 2002 * GAZEITE, GOVERNMENT 22 JANUARY 2003 38 KO, 24287 Act No. 71.2002 Other offences 54. ( 1 ) It is an offence to fail to cornply with- I N ) a notice issued in terms of section 6: ( h i a condition stated in a permit issued in terms of Part B of Chapter 4; ( c i a directi\,e / d l an interim or final order made in terms of this Act. in terms of section 28; given 5 ( 2 ) It is an offence t o - ( 0 ) improperly attempt to influence the Commissimconcerning any matter l h J connected with an investigation: anticipate any findings of the Commission concerning an investigation way that is calculated to influence the proceedings or findings; ((‘I do anything in connection with an investigation that would have been contempt of court if the proceedings had occurkh in a court of law; in a 1 0 (di knowingly provide false information to the Commission: ( ( 2 ) wilfull!. interrupt the proceedings in the place where a hearing is being 15 conducted: ( f ) act contrary to a warrant to enter and search: / , y j falsely represent oneself as a n in\,estigating officer. Penalties 55. 1 ) Any person convicted of an offence in terms of this Act. is liable- ( 1 7 ) ( a i in the case of a contravention of section 541). to a fine not exceeding R500 000.00 or to imprisonment for a period not exceeding ten years. or to both such fine and imprisonment: in case of a contravention of section 50, 53. 54(?)(c) or 54(2)(d), to a fine not exceeding R250 000.00 or to imprisonment for a period not exceeding five years. or to both such fine and imprisonment: or in any other case. t o a fine not exceeding R20 000,OO or to imprisonment for a period not exceeding six months. or to both such fine and imprisonment. f I . ) 70 25 ( 2 1.4 court convicting a person of importing or exporting. or attempting to import or export. goods in contra\.ention of a notice issued comply nsith a condition of a permit issued in terms of section 27, may declare the goods in question. or the right of that person to those goods. forfeited to the State. in terms of section 6, or failing to 30 ( 3 ) A declaration in terms of subsection (3) does not affect the rights to the goods in question of an) person other than the conlicted person, unless it is proved that the other person should contravention of the notice or condition in question. reasonabl!. have known that the goods were being dealt with in 35 ( 3 ) Section 35 of the Criminal Procedure ,4ct. 1977 (Act No. 51 of 1977). read with the changes required by the context. applies to a forfeiture under subsection ( 2 ) . Magistrates’ Court jurisdiction to impose penalties

56. Despite anythins to the contrary contained in any other law. a Magistrates’ court 30 has jurisdiction to impose any penalty provided for in this Act. Serving of documents

57. Unless otherwise provided in thi< .4ct. a notice. order or other document that. in terms of this Act. must be served on or $\,en to a person. is regarded as properly served or given is- 45 ( a ) delivered to that person in the prescribed manner: or ib) sent b!. registered post to the last known address of that person. it when 50 No. '-1'87 GOVERNMENT GAZEITE, 22 JANUARY 2003 \x --- Act No. 71,2002 INTERN.4TIONAL TRADE ADMINlSTRATlON >4CJ 2002 ~ ~~~ ~~ ~ Proof of facts

58. In any criminal proceedings a statement. entry. record or information that appears in or on a book. document, plan, drawing or computer storage medium, is false- f a ) the person who was in possession of. or in control of. such book, document. in terms of this Act. upon proof that plan. drawing or computer storage medium: and ( h i any person who knew or ought to have known about the infornlation. must in the absence of evidence to the contrary which raises presumed to be responsible for the f d s e statement. entry. record or information. entry. record or '. a reasonable doubt. be 5 I O CHAPTER 6 I . GENERiL PROVISIONS . Regulations

59. The Minister may make regulations- ( a ) reprding the proceedings and functions of the Commission. after consulting 15 the Commission: ( h i to giye effect to the ob-jects of this Act: and ( ( ' I on an! matter that may or must he prescribed in terms of this Act. Guidelines 60. ( 1 ) The Commission may issue guidelines on the Commission's policy approach 20 t o an! matter n,ithin its jurisdiction. ( 2 ) X guideline issued in terms of subsection ( I )- ( L / ) must be published in the Gu::erre: but ( ( 7 ) is not binding on the Commission. any SACU institution or any Court. Official seal

61. The President ma!. h). proclamation in the Gacetrc. prescribe an official seal for the Commission. Act binds State

62. This Act binds the State. Transitional arrangements and repeal of l a w 25 30 63. ( 1 ) Schedule 2 regulates transitional arrangements in respect of international trade administration u ithin the Republic. (71 The laws specified in Schedule 3 are. subject to subsection (3) and Schedule 2. repealed to the extent indicated in the third column of that Schedule. ( 3 ) Despite subsection ( 2 ) . a regulation promulgated in terms of the Import and 3.5 Export Control .4ct. 1963 (Act No. 35 of 1963 ). and in force immediately before this Act came into operation. must be regarded as being a regulation made in terms of this Act. Short title and commencement 64. ( 1 ) This Act is called the International Trade Administration Act, 2002, and comes into operation on a date fixed by the President by proclamation in the Gazerre. 40 ( 2 ) Sections 3 , 15(3). 16(3), 19.XL30.3 1 and46(2) and item 2 ( 3 ) of Schedule 2, may not come into operation until the SAClJ Agreement has become law in the Republic. GOVERNMEKT No. 23287 52 Act No. 71,2002 2003 - INTERIVATJONAL TRADE ADMINISTRATION ACT, 2002 * GAZETTE, 22 JANUARY SCHEDULE 1 : SACU AGREEMENT The Sacu Agreement is to be inserted pursuant to its final conclusion and to the relevant constitutional requirements pertaining to international agreements having been met. 54 No. 212s7 GOVERNMEhi GAZETTE. 21 JANUARY 2003 - * .Act No. 71.2002 INTERNATIONAL TRADE .-ZDhlINISTRATION ACT, 2002 SCHEDULE 2 TRANSITIONAL PROVISIONS Definitions

1. In this Schedule- "Board" means the Board on Tarilk and Trade constituted in terms of the Board on Tariffs and Trade Act. 1986 (Act No. 107 of 1986): and ... "matter pending'' means any matter that had been received. but not disposed of. b! the Board prior t o its close of business o n the day immediately before this Act came into operation. Implementation of SACC Agreement t . 2 . ( 1 ) Before the sections listed in section 6412) come into operation. the Commission must investigate. and e\ aluate applications received by it in terms of section 26( I c ) or ( c l , in accordance with section 32. read ,with the Board on Tariffs and Trade Act. as if' that Act had not been repealed. ( 2 ) For the purpose\ of this item- { C ~ I section 261 I ) ( ( ' ) must be regarded as if it read: " ( c ) the amendment of customs duties. including an amendment in respect of an!' of the following nmters arising in respect of goods imported into the Republic- ( i ) anti-dumping duties: ( i i ) counter\ ailing duties: or (iii) safeguard duties: or": section 26i2)07) must be reg;lrded as if it read: ( h j " recei\.ed i n terms of subsection ( 1 )((,) or ( d l . in accordance v,ith the pro\.isions of item 3 of Schedule 2": and ( ( ' 1 a reference i n the Board on Tariffs and Trade Act to the Board must be regarded as rtferrin: to the Commission. ( 3 ) Until the SACU Agreement pro\.ides for a review of decisions of the SACC Council. contemplated in section 3 6 ( 2 ) . a person affected b!. such a decision may appl! to a High Court for a re\.ieu, of that decision. unless that person or a related person has sought a rcvieu. of the samc decision im terms of the lau, of another hlember State. Composition of Commission

3. Despite section 8. a p m s m u.ho \!;as. a member of the Board immediately before this Act came into operatio;;. i5. a member ofthe Commission. for a term that expires on the date that such appointmsnt to the Board would have expired. had this Act not come into operation. Pending applications and other Board business

1. I 1 .Any matter pending before the Board immediately before this Act came into operation and in respect of \\.hich the Board has not reported to the Minister in terms of section 1( I ) i h ) of the Board on Tariffs and Trade Act. 1986. must be proceeded with by the Commission in terms of this Act. 12) .4n!, matter on which the Board reported to the Minister in terms of section 3( ] ) ( h i of the Board on Tariffs and Trade Act. 1986. before this Act came into operation must be proceeded with in terms of that Act as if it had not been repealed. ( 3 An!, summons issued b!, the Board in terms of section 12 of the Board on Tariffs and Trade .4ct. 1986. that regarded- is returnable after this Act comes into operation must be ( a ) as a summons to appear before the Cornmission on the date and at the time and place shown on the summons,: and ( h i as having been issued by the Chief Commissioner in terms of this Act. 56 50.24187 Act No. 71.2002 GOVERNMENT GAZETTE, 22 JANL'ARY 2003 INTERNATIONAL TRADE ADMINISTRATION ACT, 2002 ** r. ( 3 ) A permit issued or notice given in terms of the Import and Export Control Act. 1963, and \Aid immediately before this Act came permit issued or notice given in term:; of this Act. into operation, must be regarded as a Statutory references 5. ( 1 ) A n y reference in any law to-- to this Act: ( u ) the "Board on Tariffs and Trade Act, 1986". must be regarded as a reference 0,) the "Board on Tariffs and Trade established in ter& of the Board on Tariffs and Trade Act, 1986". must be regarded as a reference to the International Trade Administration Comrnission established in terms of this Act: . .\ I C ) a "report and recommendation to the Minister referrcd to in section 3( 1 ) ( b l of the Board on Tariffs and Trade Act. 1986", depepding on the context. must be regarded as a reference to either- ( i ) a "recommendation concerning a matter to the Tariff Board" in terms of section 30: or ( i i ) . the "determination" of a matter in terms of section 27( 1)la): and cd) an "enquiry referred to in section 1 2 of the Board on Tariffs and Trade ,4ct. 1986". must be regarded as a reference to an "investigation" in terms of this ACL ( 2 ) A reference to the "Director-General: Trade and Industry" in section 48(1A) of the reEarded as a reference to the International Trade Customs and Excise Act. must be Administration Commission. Status of Board Employees and othlers 6. ( 1 ) A n outstanding delegation to a n officer or employee of the Department of Trade and Industry in terms of section 13 of the Board on Tariffs and Trade Act. 1986. may not be continued under this Act. ( 2 ) A person \ A h . immediately before this Act came into operation. was designated in terms of section 14 of the Board on officer. or was designated in terms of section 3A (2) of the Import and Export Control Act. 1963. as an inspector, is not an in1,estigating officer in terms of this .4ct unless appointed in terms of section 38 of this .4c:. ( 3 ) .4n officer or employee appointed 'Tariffs and Trade Act. 1986. as an investigating in terms of the Public Service Act. 1993 (Proclamation No 103 of 1994), to sen'e the Board immediately before this Act came into operation. continues to be an officer or employee under the Public Service Act. 1994. 13) If an officer or employee referred to i n subitem 13) is appointed as an officer or employee of the Commission. the accumulated value of that person's contributions to any pension fund. together with the accumulated value of the contributions made to that fund by the person'a employer. ma). be transterred to a pension fund established for the staff of the Commission. 5s: No. 2428; GOVERNMENT GAZETTE. 22 JANUARY 2003 Act No. 71.2002 INTERNATIONAL TRADE ADMINISTRATION ACT. 2002 c SCHEDULE 3 REPEAL OF LAWS (SECTION 63(2)) No and year of .4ct Short title I

1 Extent of repeal Act No. 107 of 1986 The whole Board on Tariffs and Trade Act. 19t.;6 Act No. 60 of 1991 Board on Tariffs and Trade The'whole 1 I The who'e ') The whole I

1 The I whole Act KO. 39 of 1995 Board on Tariffs and Trade Amendment Act. 1995

1 Act No. 16 of 1997 1 ~ c I N(). 45 ()r.1963 1997 t Act. Act No. s of 1981 Act No. 44 of 1990 I I Board on Tariffs and Trade .4mendment ! z y 9 ; ; d Export Cohtrol I Import and Export Control The whole Amendment Act. 1967 Amendmen1 Act. 1983 Amendment Act. 1990 I ~~ 1 I