Home  »  Articles   »   Chemical Goods Declared Controlled Goods Under WMD Act

Articles
Chemical Goods Declared Controlled Goods Under WMD Act

April 12, 2021

Department of Trade, Industry and Competition

Chemical goods have been declared as controlled goods in terms of the Non-Proliferation of Weapons of Mass Destruction Act.

The trade, industry and competition department announced the Declaration in Government Gazette 44423.

Control measures applicable to such goods are also set down.

The Declaration prohibits, inter alia, the development, production, acquisition, stockpiling or retention of chemical weapons or the transfer, whether direct or indirect, of chemical weapons to any person; the use of chemical weapons; engagement in any military preparations to use chemical weapons and the use of riot control agents as a method of warfare.

The Declaration also stipulates that the manufacture of, and provision of services with respect to, controlled goods listed in Annexure A shall take place under a permit issued by the South African Council for the Non-Proliferation of Weapons of Mass Destruction.

The Council must also be notified of the transfer of controlled goods listed in Annexure A to or from another State Party not less than 60 days before the transfer.

The Declaration focuses on controlled goods and control thresholds.

Other notices published include:


• Notice 318 – Declaration of certain missile technology and related items as controlled goods, and control measures applicable to such goods;
• Notice 319 – Declaration of nuclear-related dual-use equipment, materials, software and related technology as controlled goods, and control measures applicable to such goods.

Meanwhile, the department has, in a statement, declared that the Supreme Court of Appeal Ruling on the validity of the Preferential Procurement Policy Framework Act (PPPFA) Regulations of 2017 has no effect on the Broad-Based Black Economic Empowerment (B-BBEE) Act and its requirements.

The department added that the declaration of the PPPFA Regulations of 2017 as invalid is “not a blow to the B-BBEE requirements for tenders as reported”.

“The invalidity of the PPPFA Regulations of 2017 does not invalidate the B-BBEE Act, and the PPPFA Regulations were not issued under to the B-BBEE Act. The framework for the B-BBEE Act and how it is applied is clear and thus not affected by the ruling of the Supreme Court of Appeal.”

The department points out that organs of state or public entities are allowed to set qualification criteria that exceed those set out in the Codes of Good Practice with the approval of the trade, industry and competition minister under section 9(6) of the B-BBEE Act.

According to the department, the Supreme Court of Appeal Ruling essentially means that the PPPFA Regulations cannot be used as a basis to set such qualification criteria.