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South Africa
NATIONAL LEGISLATION OVERVIEWS
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International Trade Administration Act, No. 71 of 2002

Long title


To establish the International Trade Administration Commission; to provide for the functions of the Commission and for the regulation of its procedures; to provide for the implementation of certain aspects of the Southern African Customs Union (SACU) Agreement in the Republic; to provide, within the framework of the SACU Agreement, for continued control of import and export of goods and amendment of customs duties; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

TABLE OF CONTENTS

CHAPTER 1. DEFINITIONS, INTERPRETATION, OBJECT AND APPLICATION OF ACT
1. Definitions and interpretation
2. Object of Act
3. Application of Act

CHAPTER 2. TRADE POLICY
4. Implementation of SACU Agreement
5. Minister to determine trade policy
6. Minister's power to regulate imports and exports

CHAPTER 3. INTERNATIONAL TRADE ADMINISTRATION COMMISSION

Part A. Establishment and constitution
7. Establishment and independence of Commission
8. Constitution of Commission
9. Qualifications of members
10. Conduct of members
11. Resignation and removal from office
12. Meetings and decisions of Commission
13. Chief Commissioner
14. Committees

Part B. Functions of Commission
15. General functions of Commission
16. Customs duties, anti-dumping duties, countervailing duties and safeguard measures
17. Issuing of permits or certificates
18. Monitoring trade and other matters
19. Information sharing with SACU institutions and Member States
20. Relations with SACU and Member States
21. Relations with domestic agencies
22. Public information and reporting

Part C. Staff, finances and administration of Commission
23. Staff of Commission
24. Finances of Commission
25. Liability

CHAPTER 4. INVESTIGATION, EVALUATION AND ADJUDICATION PROCEDURES

Part A. Applications
26. Applications

Part B. Import and export control permits and rebate permits
27. Authority of Commission to issue import and export permits and rebate permits
28. Authority of Commission to demand trade information
29. Authority of Commission to suspend or cancel permits

Part C. Customs duty applications
30. Customs duty applications
31. Requests
32. Consideration of alleged dumping and subsidised exports

Part D. Confidential information
33. Right of informants to claim confidentiality
34. Determination by Commission
35. Proceedings in contested claims
36. Disclosure of information
37. Restricted use of information

Part E. Powers of investigative search and inspections
38. Appointment of investigating officers
39.. Summons
40. Witnesses
41. Import and export control inspections
42. Conduct of entry and search
43. Power to enter and search under warrant
44. Power to enter and search without warrant
45. Power to enter and search

Part F. Reviews and appeals
46. Reviews
47. Appeals

CHAPTER 5. ENFORCEMENT AND OFFENCES
48. Variation of order
49. Standard of proof
50. Breach of confidence
51. Hindering administration of Act
52 Failure to attend when summoned
53. Failure to answer fully or truthfully
54. Other offences
55. Penalties
56. Magistrate's Court jurisdiction to impose penalties
57. Serving of documents
58. Proof of facts

CHAPTER 6. GENERAL PROVISIONS
59. Regulations
60. Guidelines
61. Official seal
62. Act binds State
63. Transitional arrangements and repeal of laws
64. Short title and commencement
Sch. 1. SCHEDULE 1. SACU AGREEMENT
Sch. 2. SCHEDULE 2. TRANSITIONAL PROVISIONS

1 Definitions

2 Implementation of SACU Agreement

3 Composition of Commission

4 Pending applications and other Board business

5 Statutory references

6 Status of Board Employees and others
Sch. 3. SCHEDULE 3. REPEAL OF LAWS (SECTION 63(2))

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