On 06 March 2026, the Trade, Industry and Competition Minister invited comments on the proposed amendments to the International Trade Administration Act, 2002, due by 03 April 2026.
The proposed amendments seek to refine, update and strengthen the legislative framework governing the investigative, administrative and enforcement functions of the International Trade Administration Commission of South Africa (ITAC). The amendments take into account ITAC’s operational experience, developments in international trade practice and the need to enhance the effective administration of the Act, 2002. The proposed amendments include, amongst others, targeted changes grouped around the following key themes:
1. International trade-related measures
The proposed amendments introduce new provisions enabling ITAC, upon the minister’s direction, to investigate imports that may adversely affect South Africa’s national security interests. Additional provisions empower ITAC, upon ministerial direction, to investigate discriminatory or unreasonable foreign trade practices that adversely affect South Africa’s trade or economic interests.
2. Improvements to the investigative framework
Several amendments enhance ITAC’s investigative and decision-making processes. These include provisions allowing 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 authority for the minister to suspend the imposition of duties where appropriate.
3. Enhanced enforcement and compliance mechanisms
The proposed amendments strengthen ITAC’s enforcement powers by clarifying its authority over entry, search and inspection, including procedures for handling confidential information. New provisions provide for the disposal of seized goods where criminal proceedings are not instituted. An administrative penalty regime is introduced for specified contraventions, and criminal offences relating to illegal trade, falsified documentation and interference with investigations are expanded and clarified.
4. Administrative and technical refinements
Finally, the proposed amendments modernise and clarify various administrative provisions of the Act, 2002. These include refinements to ITAC’s powers relating to permits, certificates, rebates and drawbacks; enhanced verification powers; and clarification of the circumstances under which permits and certificates may be amended, suspended or cancelled. These changes address operational challenges and improve the clarity and effective administration of the Act, 2002.
Written comments must be submitted by email, clearly marked “Comments on Proposed Amendments to the International Trade Administration Act, 2002” in the subject line, and addressed to ITAC’s Senior Manager: Policy and Research.