Itac may be given powers to probe imports that pose national security threat
Trade, Industry and Competition Minister Parks Tau has published draft amendments to the International Trade Administration Act that will empower the International Trade Administration Commission of South Africa (Itac) to investigate imports that may adversely affect the country’s national security interests.
The amendment, which is one of several outlined in the draft that is currently out for public comment, proposes that Itac receive additional provisions to investigate “discriminatory or unreasonable foreign trade practices that adversely affect South Africa’s trade or economic interests”.
Other material changes outlined in the March 6 Gazette notice are provisions empowering the Minister to suspend the imposition of duties, a clearer statutory framework governing reciprocal commitments by applicants, as well as providing Itac with the authority to consolidate related applications and to integrate public-interest factors into investigations.
Changes are also proposed to enforcement and compliance mechanisms, with Itac’s authority relating to entry, search and inspection, including procedures for handling confidential information, further clarified in the amendments.
New provisions are also proposed to provide for the disposal of seized goods, while powers in relation to criminal offences relating to illegal trade, falsified documentation, and interference with investigations are expanded and clarified.
The Gazette notice asserts that the amendments will modernise and clarify various administrative provisions of the Act, including refinements to Itac’s powers relating to permits, certificates, rebates and drawbacks.
“The proposed amendments seek to refine, update and strengthen the legislative framework governing the investigative, administrative and enforcement functions of Itac,” Tau states.
A four-week deadline from the Gazette’s March 6 publication date has been set for the submission of written comments.
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