International Trade Administration Bill; finalisation

Meeting report

ECONOMIC AND FOREIGN AFFAIRS SELECT COMMITTEE
11 November 2002
INTERNATIONAL TRADE ADMINISTRATION BILL; FINALISATION

Chairperson: Mr NM Moosa (ANC)

Documents handed out:
International Trade Administration Bill [B38B-2002]
Amendments to the International Trade Administration Bill (Appendix 1)
Final Mandates from the Nine Provinces (please email [email protected] for a copy)

SUMMARY
Members accepted the Bill with amendments. The Department explained that the Bill would come into force irrespective of the pending SACU agreement. However those parts of the Bill that refer to the SACU agreement would only become effective once the SACU agreement is approved and ratified by the Minister.

MINUTES
Mr J Strydom: Senior Legal Advisor, Department of Trade and Industry, outlined some of the proposed amendments to the Bill. With respect to the legal definition of a natural and juristic person contained in the definition section of the Bill, the definition of a 'juristic person' will now include a trust. He was of the view that such a definition would be in line with the definition of a person as reflected in the Interpretation Act.

Insertions would be made in the following clauses: in Clause 4 of the Bill the words "or other measures" have been inserted after the word "duties". In Clause 5 the words "the requirements" have been inserted after the word "procedures".
(Please refer to the attached document for further amendments.)

Discussion
Mr Durr (ACDP) asked whether the Bill would become effective in spite of the pending South African Customs Union agreement.

Mr Matona (Department) was of the view that the Bill would come into force irrespective of the pending SACU agreement. However those parts of the Bill that refer to the SACU agreement would only become effective once the SACU agreement is approved and ratified by the Minister.

All Members voted in favour of the recent amendments.

The meeting was adjourned.

Appendix 1:
AMENDMENTS TO THE INTERNATIONAL TRADE ADMINISTRATION
BILL, 38 B OF 2002

TABLE OF CONTENTS

1. On page 2 in line 15 to omit "Commission for"'

2. On page 2 in line 5 after "Administration" to insert "Commission"

3. On page 3 in line 5, to omit "duties." and to substitute "measures"

CLAUSE I

1. On page 5 after the definition of 'confidential information' to insert:
"countervailing duty" means a customs dory imposed to off-set the benefit conferred by a subsidy;

2. On page 5, in line 22, to omit "a" and to substitute "an export".

3. On page 5, in line 22, after price to insert " contemplated in section 32 (2)(a)".

4. On page 5 from line 26 to omit the definition of "firm".

5. On page 5, from line 52, to omit the definition of "person" and to substitute:

"'person' shall, amongst others, include a trust;".

6. On page 6 from line 13, to delete all the words after "remedy" up to and including "other" in line 14 and to substitute "or procedure for use in response to".

CLAUSE 4

1. On page 7, in line 4, after "duties" to insert "or other measures

CLAUSE 5

1. On page 7, in line 14 after "procedures" to insert ''and requirements".

CLAUSE 6

1. On page 7' in line 32, to omit "or".

2. On page 7, after line 33 to insert:
"(g) the methods or processes by \\'hich the}~ are produced; or
(h) the use of non-renewable natural resources in their production, and their life-circle impact on the natural environment."

3. On pace 7 in line 42 after "(d);" to insert "or".

4. On page 7 from line 44 to omit paragraphs (g) and (h).

CHAPTER 3

1. On page 8 in line 2 to omit "Commission for".

2. On page 8, in line 2, after "Administration" to insert "Commission

CLAUSE 14

1. On page 1, from line 9, to omit subclause 5 (a) and (V) and to substitute:

(5) A committee decision is effective only the decision is subsequently ratified by the Commission, unless the notice establishing the committee expressly authorises the particular decision to be effective without such ratification.

CLAUSE 21

1. On page 12, in line 3, to omit "agency" and to substitute "authority"

CLAUSE 32

1. On page 16, in line 52, to omit "referred to in section 6(4)".
2 On page 16 in line 57 to omit "(4)" and to substitute "(5)".

CLAUSE 38

1. On page 9 from line 26, to omit all the words after "(B)" up to and including "certificate" in line 28 and to substitute: "show' that certificate to any' person who is affected by the investigation, or if no one is present on the premises, affix a copy of the certificate to the premises in a prominent and visible place and proceed with the execution of the relevant function.

CLAUSE 45

On page 22 in line 28 to omit "(4)" and to substitute "(3)".

SCHEDULES 2

1. On page 28 in line 6 to omit "Commission for".

2. On page 28 in line 7 after "Administration" to insert "Commission

3. On page 28, in line 18, to omit "Commission for".

4. On page 28. in line 19. after "Administration" to insert "Commission.".

OMISSION OF WORD AND EXPRESSIONS

1. To omit the "word "firm" and the expressions "or firm", "or firms", "or firm which" "or firm that" and "or a firm that" wherever they occur.