INTERNATIONAL TRADE ADMINISTRATION ACT: INPUT SOUGHT ON DRAFT AMENDMENTS

INTERNATIONAL TRADE ADMINISTRATION ACT: INPUT SOUGHT ON DRAFT AMENDMENTS

• 06 March 2026
• Trade, Industry & Competition
• SA Legal Academy

The Department of Trade, Industry & Competition has gazetted a notice calling for public comments by 3 April 2026 on proposed amendments to the 2002 International Trade Administration Act.

According to the accompanying notice, the overarching objective of the changes envisaged is to ‘refine, update and strengthen the legislative framework governing the investigative, administrative and enforcement functions of the International Trade Administration Commission of South Africa’.

Unfortunately, it is not clear from the document itself where the proposed amendments are located. A completely new Act is apparently envisaged – although that is not expressly stated. A line-by-line comparison between the 2002 Act and the draft amending document is therefore required.  

This notwithstanding, the amendments seek to:

• enable the Commission to investigate:
  • ‘imports that may adversely affect … (South Africa’s) national security interests’, and
  • ‘discriminatory or unreasonable foreign trade practices that adversely affect South Africa’s trade or economic interests
• enhance the Commission’s investigative and decision-making processes by providing for:
  • ‘the consolidation of related applications or matters’
  • ‘the express consideration of public-interest factors in investigations’
  • ‘a clearer statutory framework governing reciprocal commitments by applicants’, and
  • the Minister to ‘suspend the imposition of duties where appropriate’
• clarify and expand the Commission’s powers relating to:
  • ‘entry, search and inspection, including procedures for handling confidential information’, and
  • ‘the disposal of seized goods where criminal proceedings are not instituted’
• introduce ‘an administrative penalty regime’ for:
  • ‘specified contraventions’, and
  • criminal offences relating to illegal trade, falsified documentation and interference with investigations
• refine the Commission’s powers relating to permits, certificates, rebates, drawbacks and verification, and
• clarify the circumstances under which permits and certificates may be amended, suspended or cancelled.

Please click the link below for more information:

• draft amended Act
• original Act 

Published by SA Legal Academy Policy Watch

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