Export Control

Export Control

Import and Export Control measures are applied to enforce health, environmental, security and safety, and technical standards that arise from domestic laws and International Agreements such as the Montreal Protocol on Substances that Deplete the Ozone Layer, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and the 1988 UN Convention Against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The import and export control measures or restrictions are limited to those allowed under the relevant World Trade Organization (WTO) Agreements.
Out of approximately 6 650 tariff lines in the South African version of the International Harmonised Commodity Description and Coding System, there are 276 tariff lines under import control and 177 tariff lines that are under export control. However, for the importation of all used or second-hand goods, an import permit is required.
A list of goods that are subject to export control are available here.

The role of the Import and Export Control Unit

As mentioned above, the key role of Import and Export Control is essentially to enforce health, environmental, security and safety, and technical standards that arise from domestic laws and International Agreements.

Enforcement and inspections are conducted to ensure effective compliance with the conditions contained in permits, compliance with provision of the Regulations and for detection of contraventions of the Act.

Legislation

The following legislation and provisions applies to an importer or exporter only in cases where an import and export permit is required:

  • International Trade Administration Act, 2002, (Act 71 of 2002).
  • Customs and Excise Act, 1964, (Act 91 of 1964).
  • Promotion to Administrative Justice Act, 2000, (Act 3 of 2000).
  • Promotion to Access to Information Act, 2000, (Act 2 of 2000).

Export Control Requirements

To export certain goods out of South Africa, you must have a permit ensuring that you comply with applicable export control measures. The export of some goods may be restricted to support strategies of beneficiation or to assist local manufacturers to obtain raw materials before they are exported.

An export permit is required to ensure that goods exported by an individual or organisation comply with the provisions of international agreements. Export permits also help to control the outflow of goods of a strategic nature or of smuggled and stolen goods.

The policy that applies to the export of goods differs from sector to sector. Policy information regarding the export of specific goods can be obtained from the Import and Export Control Unit at ITAC. Though as indicated, not all goods or products are subject to export control measures.

Frequently Controlled Goods

Raw materials for manufacturing

The exportation of ferrous and non-ferrous waste and scrap, for example, inter alia, is controlled to assist the local foundries in acquiring ferrous and non-ferrous waste and scrap prior to its exportation.

Assisting strategies for crime prevention

The exportation of used motor vehicles is controlled to assist law enforcement agencies in curtailing the exportation of used, stolen motor vehicles.

Control in terms of international agreements

Export control measures are also exercised to comply with the provisions of the international agreements outlined above.

Tiger’s Eye and Sugulite

The exportation of precious stones, such as Tiger’s Eye and Sugulite is controlled to assist the Department of Mineral Resources with strategies of domestic beneficiation.

How to apply and the processing procedures

The application forms for Export Permits are found here. The forms may be faxed to (012) 394 0517 or delivered directly to the office. The office address is found here.

The turnaround time for processing an application is two working days on average, with an exception of Export Permits for scrap metals, which take 10 working days for circulation, plus time for processing and issuing.

In some instances, the applications require support documentation from other departments (DEA, Mineral Resources Energy, Agriculture, Forestry and Fisheries, NRCS and SAPS), depending on the product in question.

Notes:

  1. Rejections are often as a result of non availability of stock to be inspected at the time of application, or if business has no presence in South Africa (No tax number or even registration number).
  2. In the case of export for general goods and vehicles, the only difference is that it does not involve consultation with Associations, however, different application forms are used and different support documentation from relevant parties (SAPS) or a Government department is required.

How to apply and the processing procedures

The application forms for Export Permits are found here. The forms may be faxed to (012) 394 0517 or delivered directly to the office. The office address is found here.

The turnaround time for processing an application is two working days on average, with an exception of Export Permits for scrap metals, which take 10 working days for circulation, plus time for processing and issuing.

In some instances, the applications require support documentation from other departments (DEA, Mineral Resources Energy, Agriculture, Forestry and Fisheries, NRCS and SAPS), depending on the product in question.

Process Flow: Exportation of ferrous and non ferrous steel waste and scrap.

New Applicant & Existing Exporters: Application Adjudication Process

1
Application from Registry Office
Stage 1

Application logged and initial file prepared for adjudication.

2
First Adjudicator Review
Stage 2

Your application is checked and a decision path is chosen.

3
Endorsement & Capturing
Stage 3

Approved applications are endorsed and captured in the system.

4
SARS Notification
Stage 4

Electronic permit details are sent to SARS.

5
Notify Applicant
Stage 5

Final permit outcome is sent to the applicant.

Notes:

  1. Rejections are often as a result of non availability of stock to be inspected at the time of application, or if business has no presence in South Africa (No tax number or even registration number).
  2. In the case of export for general goods and vehicles, the only difference is that it does not involve consultation with Associations, however, different application forms are used and different support documentation from relevant parties (SAPS) or a Government department is required.

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