WORLD TRADE  
ORGANIZATION  WT/REG176/6 
3 July 2007 
 
 (07-2800) 
Committee on Regional Trade Agreements Original:   English 
  
 
PROTOCOL ON TRADE IN THE SOUTHERN AFRICAN  
DEVELOPMENT COMMUNITY (SADC) 
 
Questions and Replies
 
 
 
 The following communication, dated 27 June 2 007, is being circulated at the request of 
SADC members.   This document reproduces the follow-up questions  addressed to the Parties and the responses 
submitted.  
  
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 Question from the EC
 
 
Export duties and charges and quantitative restrictions 
 
1. The SADC oral response to the follow up questio n regarding the use of export duties in 
intra-SADC trade stated that "Some SADC Members States do apply export duties and restrictions to trade with other Members for purp oses of promotion local beneficiation, food 
security and other reasons. The measures being app lied are not inconsistent with the provisions 
of the Protocol".  
 The EC would kindly ask the Parties to specify  which countries they are referring to by 
the term "Some" and which products are involved.   In addition, the EC notes that the Parties' abovementioned oral response referred to 
additional reasons for applying export restrict ions to those ones previously indicated in 
response to question 10 in WT/REG176/5.  Could the Parties clarify on what basis export 
restrictions are applied?   
EXPORT RESTRICTIONS APPLIED BY MALAWI  
(i) Implements of War, (other than arms and ammunition), atomic energy 
materials of strategic value, and items of primary strategic significance used in the production of war:  
(ii) Beryllium, Cobalt, Tantalum, Uranium, Lithium, Columbite, Niobium 
(columbium), Thorium, Germanium, Nickel and Nickel alloys including any 
materials containing such metals. 
(iii) Petroleum Products. WT/REG176/6 
Page 2  
 
  (iv) Wild animals, wild animal trophies a nd wild animal products including birds 
and reptiles and any egg produces by such birds or reptiles. 
(v) Maize and maize meal including: 
(a) Dried maize, on or off the cob; 
(b) Crushed maize; 
(c) Maize grits; 
(d) Maize cones; 
(e) Maize offal;  and 
(f) Hominy chops but excluding green maize on the cob. 
(i) Unmanufactured tobacco. 
(ii) Tea. 
(iii) Scrap metal. 
 The restrictions are applied for national security, conservation of exhaustible natural 
resources, protection of plant, and animal life, food safety, security, and protection of the environment. These are measures consistent with  the General Agreement of Tariffs and Trade 
(GATT) 1947. 
  
   WT/REG176/6
 Page 3 
 
EXPORT RESTRICTIONS APPLIED BY SOUTH AFRICA 
WTO 
Inventory 
Code Problem Area Description of the Restrictio n Impact of Restriction to businesses and 
trade Responsibility/Source of 
NTB 
I (D) Restrictive 
practices tolerated 
by governments Wine export generic promotion levy An industry generated levy aimed at 
international promotion activities  South African Wine 
Industry 
I (D) Restrictive 
practices tolerated 
by governments Raw Sugar Agreement (2000) Raw sugar can only be exported through a 
single channel industry arrangement.  This 
agreement is currently under review, due to pressure for the use of sugar in bio-
fuels. Government / Sugar 
Producers 
V (G) Export restraints Export control is applied to 177 tariff lines, predominantly in 
the forestry sector, minerals, in dustrial goods, motor vehicles, 
health and fossil fuels. The rationale for these controls is to 
control the exportation of goods regarded as raw materials for manufacturing purposes Producers of raw materials may fetch a 
better price on the international market Various Government 
Departments 
V (G) Export restraints To control the exportation of goods to ensure that the strategies 
of beneficiation of minerals and semi precious stones occur 
prior to exportation.  Export bans only exist on a few products, like unprocessed tiger’s eye. Producers may fetch a better price on the 
international market Department of Minerals and 
Energy, ITAC, the DTI 
 
V (J) Export taxes An export duty of 15% on the export of unprocessed 
diamonds. Producers may fetch a better price on the 
international market Department of Minerals and 
Energy 
  
  WT/REG176/6 
Page 4 Specific Regulations Affecting South African Exports 
WTO 
Inventory Category Product Group Legislative Act Government 
Controlling Agency Regulatory Procedure 
  177 tariff lines are subject to export control 
measures in the forestry, minerals, industrial 
goods, motor vehicles, health and fossil fuels 
sectors.  Specified pr oducts are broken down 
into three schedules: 
 
1. Schedule 1 pertains to the protection 
of domestic industry, in particular 
the beneficiation of raw materials, 
goods of strategic and national 
interest.   
 2. Schedule 2 refers to the Montreal 
Protocol;  and  
 3. Schedule 3 to the 1988 convention. International Trade 
Administration Act, 
(Act 71 of 2002)  ITAC All traders (importers and exporters) in South Africa have to register with the 
Commissioner for the South African Re venue Service.  This is not a 
complicated process and trader s can expect to be registered within 1 to 5 days.  
In certain instances, a general code number is available to traders importing or exporting goods of a value of no more than R20,000 and no more than 3 times 
per year.  In line with the International Trade Administration Act of 2003, 
which incorporates the Import and Export Control Act of 1963, the South African government still maintains some export controls on certain products. 
(Please see attached list.)   
 
Export licenses are valid for exports to any country, including other SACU 
members.  Exporters should apply for a licence directly to the Directorate of 
Import and Export Control of the DTI, or to the government agency that 
controls the specific permit in question.  Export licenses must be applied for at 
least two weeks prior to the date of ship ment.  They are issued free of charge 
and normally take three days to issue. 
V (B) Explosives Explosives Act 
(No. 26 of 1956)   Controls the export of explosives. 
I (D) Sugar Sugar Act (1978)   Allows for price setting of sugar products by the Sugar Association to provide 
stability in potential volatile market. 
III (B) Wine Liquor Product Act 
(1989)   A quality certificate is required for the export of all liquor products (excluding 
beer and sorghum beer). 
 
  WT/REG176/6 
 Page 5 
 
 
  Goods Subject to Export Contro l Measures by South Africa 
Description of Goods  
 Tariff heading CAS Number 
Wattle seed being- Ex 12.09  
(a) Acacia mearnsii De Willd (for merly known as Acacia mollissima 
Willd)  (commonly known as Black Wattle)   
(b) Acacia decurrens (Wendl. W illd) (commonly known as Green 
Wattle)   
(c) Acacia dealbata Link (comm only known as Silver Wattle)   
(d) Acacia pycnantha Benth   
(e) Acacia syanophylla Lindl   
Lithium ore 2530.90.20  
Sugulite, (also known as lavulite or lazulite): Unworked or simply sawn or 
roughly shaped) 2530.90.90  
Lead ores and concentrates  2607.00  
Tungsten ores and concentrates  26.11  
Molybdenum ores and concentrates  26.13  
Tantalum ores and concentrates  Ex 2615.90  
Petrol 2710.00.12  
Aviation spirit  2710.00.13  
Aviation kerosene; power kerosene; illuminating or heating kerosene 2710.00.14  
Diesel oil  Ex 2710.00.16  
Residual fuel oils  2710.00.17  
Petroleum gas: Propane  2711.12  
Petroleum gas: Butane  2711.13  
Human blood and preparations thereof  Ex 30.02  
Medicaments containing other antibiotics being: 3003.20.90  
Invomec Inj - Cattle (Reg. No. 6541, Act 36/1947)   
Invomec Inj - Sheep (Reg. No. 6782, Act 36/1947)   
Invomec Liquid - Sheep (Reg. No. 6590, Act 36/1947)   
Eqvalan Paste for Horses (Reg. No. 6667, Act 36/1947)   
Saw logs of yellowwood (Podocarpus Falcatus, Podocarpus Henkelii, 
Podocarpus Ex 44.03  
Latifolius): stinkwood (Ocotea Bullata) and blackwood 
(Acacia Melanoxylon)   
Sawn yellowwood (Podocarpus Falcatus, Podocarpus, Henkelii, 
Podocarpus Latifolius): stinkwood (Ocotea Bullata) and blackwood 
(Acacia Melanoxylon) Ex 44.07  
Waste and scrap of paper or paperboard 47.07  
ATiger=s eye@ including its related varieties and also any articles 
consisting wholly or partly of tiger=s-eye or its related varieties but 
excluding properly finished and finally and completely polished 
cabochons, beads, eggs, spheres, tumbled stones and carvings cut therefrom or otherwise processed or tumbled Ex 7103.10.10 
Ex 7103.10.20  
Definitions   
(1) ACabochon@ shall mean a stone of which the top forms-   
 (a) a symmetrically curved convex or concave surface; or   
 (b) a flat surface, provided the stone is either round or oval or 
crescent,  heart, cro ss or tear shaped; the base may be convex, 
concave or flat.   
(2) ABead@ shall mean a stone of any shape of a mass not exceeding 50 
grammes which has been drilled in such a way that it can be strung in a necklace.   
(3) AEgg@ shall mean a symmetri cally egg-shaped stone.   
(4) ASphere@ shall mean a symmetrically sphere-shaped stone.   
(5) ATumbled stone@ shall mean an uncut, unsawn stone of irregular 
shape of a mass not exceeding 50 grammes which has been properly 
tumbled to such an extent that it has a pebble-like appearance.   WT/REG176/6 
Page 6  
 
  Description of Goods  
 Tariff heading CAS Number 
(6) ACarving@ shall mean a cabochon, be ad, egg, sphere or tumbled stone 
as defined in these regulations which has been artistically carved or 
sculptured   
(7)A Polish@ shall mean the proces s commonly accepted in the lapidary 
trade whereby fine abrasives and polis hing powders are issued to smooth a 
stone to a perfect mirror- like appearance without applying any lacquer or 
varnish.   
Sugulite (also known as lavulite or lazulite): Unworked or simply sawn or 
roughly shaped Ex 7103.10.10 
Ex 7103.10.20  
Ferrous waste and scrap; remelting scrap ingots of iron or steel 72.04  
Refined copper: wirebars  7403.12  
Refined copper: billets  7403.13  
Refined copper: other  7403.19  
Copper-zinc base alloys (brass)  7403.21  
Copper-tin base alloys (bronze) other  7403.22.90  
Copper-nickel base alloys (cupro-nickel)  or copper-nickel- zinc base alloys 
(nickel silver) 7403.23  
Copper waste and scrap  7404.00  
Nickel waste and scrap  7503.00  
Aluminium waste and scrap  7602.00  
Lead ingots  7801.10.10  
Lead waste and scrap 7802.00  
Lead bars, rods, profiles and wire 7803.00  
Lead plates, sheets, strip and foil; lead powders and flakes 78.04  
Lead tubes, pipes and tube or pipe fittings (for example, couplings, elbows, 
sleeves) 7805.00  
Other articles of lead  7806.00  
Zinc waste and scrap  7902.00  
Tin waste and scrap  8002.00  
Tungsten (Wolfram) and articles thereof, including waste and scrap 81.01  
Molybdenum and articles thereof, including waste and scrap 81.02  
Tantalum and articles thereof, including waste and scrap 81.03  
Magnesium waste and scrap  8104.20  
Cadmium and articles thereof, including waste and scrap 81.07  
Antimony and articles thereof, including waste and scrap 8110.00  
Manganese and articles thereof, including waste and scrap 8111.00  
Beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, 
niobium (columbium) and articles of these metals, including waste and scrap Ex 81.12  
Automatic pool cleaners and pa rts thereof Ex 8479.89.90 
Ex 8479.90.90  
Motor cars, and other motor vehicles pr incipally designed for the transport 
of persons and goods but excluding vehicles exported by diplomatic and foreign representatives and new vehicl es exported by local manufacturers 
or their appointed agents Ex 87.02 
Ex 87.03 Ex 87.04  
MONTREAL PROTOCOL GOODS   
1,1,1,-Trichloroethane (methyl chloroform) 2903.19.10  
Bromomethane (Methyl Bromide) 2903.30.10  
Other derivatives perhalogenated only with fluorine and chlorine: Other 2903.45.90  
Derivatives of methane, ethane or propane, halogenated only with fluorine 
and chlorine 2903.49.10  
Trichlorofluoromethane (CFC11) 2903.41  
Dichlorodifluoromethane (CFC12) 2903.42  
Trichlorotrifluoroethanes (CFC 113) 2903.43  
Dichlorotetrafluoroethanes (CFC 114) and 2903.44   WT/REG176/6 
 Page 7 
 
 
  Description of Goods  
 Tariff heading CAS Number 
chloropentafluoroethane (CFC 115) 
Chlorodifluoromethane (CFC 22) 2903.45.05  
Bromochlorodifluoromethane (Halon 1211), 
bromotrifluoromethane (Halon 1301) and 
dibromotetrafluoroethanes (Halon 2402) 2903.46  
Mixtures containing dichlorodifluoromethane or trichlorofluoromethane 
(CFC 500) 3824.71.10  
Other (CFC 502) 3824.71.90  
Hydrochloric Acid 2806.10 7647.01.0 
Sulphuric Acid 2807.00 7664.93.9 
Potassium Permanganate 2841.61 7722.64.7 
Toluene 2902.30 108.88.3 
Diethel Ethyl Ether 2909.11 60.29.7 
Acetone 2914.11 67.64.1 
Methyl Ethyl Ketone 2914.12 78.93.3 
1-Phenyl-2-propanone 2914.31 103.79.7 
Acetic Anhydride 2915.24 108.24.7 
Phenylacetic acid 2916.34 103.82.3 
Anthralinic acid 2922.43 118.92.3 
N-Acetylanthranilic acid 2924.22 89.52.1 
Isosafrole 2932.91 120.58.1 
3,4, Methylenedioxyphenyl-2- propanone 2932.92 4676.39.5 
Piperonal 2932.93 120.57.0 
Safrole 2932.94 94.59.7 
Piperidine 2933.32 110.89.4 
Ephedrine 2939.41 299.42.3 
Pseudoephedrine 2939.42 90.82.4 
Ergometrine 2939.61 60.79.7 
Ergontamine 2939.62 113.15.5 
Lysergic Acid 2939.63 82.58.6 
 The salts and optical isomers of all substances include d in this table, where the existence of such salts 
is possible, with the exception of the salts of hydrochloric acid and sulphuric acid  
 
Export Restrictions Applied By Botswana 
Product Reasons for Export/Duty Restriction 
1. Beef Botswana Meat Commission (BMC) Act prohibits 
exportation of beef by any other entity other than the 
BMC itself.  However, discussions are underway to 
review the Act. 
2. Unprocessed hides & skins Control of exportation of goods regarded as raw 
materials for manufacturing purposes. Encourage 
industrial development. 
3. Minerals Security reasons. 
4. Live animals Sanitary & Phytosanitary. 
 
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