EXPORTS FROM SOUTH AFRICA- ISSUE OF FOREIGN END USER CERTIFICATE
END USER CERTIFICATE
An End User Certificate (EUC) is a clear written undertaking of an importer or buyer in a foreign country, that any item purchased from South Africa and exported by South Africa to that foreign country, is for its sole use. Furthermore, the importer has to certify that the item is not destined for transfer or re-export to any other party or State in its original form, without the prior written consent of South Africa. Such consent will have to be obtained from the relevant South African Authority in terms of:
the Armaments Development and Production Act, 1968 (Act 57 of 1968);
the Regulation of Foreign Military Assistance Act, 1998 (Act 15 of 1998);
the Arms and Ammunition Act, 1969 (Act 75 of 1969);
the Teargas Act, 1964 (Act 16 of 1964);
the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993); and
the Nuclear Energy Act, 1999 (Act 46 of 1999).
The EUC must be an original document. Please note that no copies of EUC's will be accepted nor used for processing export applications.
The EUC must correlate with the subsequent order for the item covering the specific transaction including any Annexures to the order for the item. It must at all times bear witness of:
- the issuing authority;
- the place and date of issue;
- a reference number;
- the signature and name, as well as the title and position of such signatory; and
- must include an official Government stamp or seal.
In the EUC, the foreign buyer or importer has to declare that any item purchased will not be transferred or resold without the prior consent of the relevant South African Authority and will not be used for the development or use of any item of mass destruction.
It is at all times the responsibility of the seller in South Africa to obtain the EUC from the buyer in the foreign country. Such an EUC must be a verified and authenticated document.
Authentication of an EUC is the verification that the document is legal in that
- (a)the signature, title and position of the signatory (see Question 2), and
- (b)where appropriate, the identity and seal it bears are all authentic.
In the foreign buyers or importers country, the signature on the EUC and the details of the EUC are first verified by the foreign country's State Authority
The EUC is then authenticated. The relevant signature on the EUC (and Annexures, where applicable) is authenticated by the South African Mission in the foreign country or by the foreign country's Mission in South Africa. The final authentication of the EUC document is performed by the Department of Foreign Affairs' Consular and Agency Section, in Pretoria
Authentication of an EUC document is needed when the foreign buyer's or importers country is not a State Party to The Hague Convention of 5 October 1961: Abolishing the Requirement of Legislation for Foreign Public Documents". In this case, the legally appointed State Authority in the buyer's or importer's country is required to verify the EUC, after which the EUC has to be authenticated.
The South African Authority is: The Department of Foreign Affairs' (DFA=s) Consular and Agency Services in Pretoria.
The contact details of DFA's Consular and Agency Services in Pretoria are:
Room EG20 , Eikendal
1234 Church Street
Telephone: (012) 351-1231
Telefax: (012) 351-1916
Authentication of an EUC is not needed in all cases where the foreign buyer's or importer's country is a State Party to The Hague Convention of 5 October 1961: AAbolishing the Requirement of Legislation for Foreign Public Documents" (see Question 9). When the foreign buyer's or importer=s country is a State Party to The Hague Convention of 1961, the legally appointed State Authority in the buyer's or importer's country is required to certify EUC's with the prescribed Apostile Stamp of The Hague Convention of 5 October 1961.
According to The Hague Convention of 5 October 1961, EUC's from the importing country bearing the Apostile Stamp, must be accepted by the exporting country as authentic.
EUC's bearing the Apostile stamp need not be authenticated by either
the importer's foreign Mission in South Africa;
the importing country's local delegated authority
South African foreign missions; or
the DFA's Consular and Agency Services.
The following countries are State Parties to The Hague Convention of 5 October 1961:
Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Bahamas, Barbados, Belgium, Belize, Belarus, Bosnia and Herzegovina, Botswana, Brunei, Colombia, Croatia, Cyprus, Czech Republic, El Salvador, Estonia, Fiji, Finland, France, Germany, Greece, Grenada, Hungary, Ireland, Israel, Italy, Japan, Kazakhstan, the Kingdom of the Netherlands, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, The former Yugoslav Republic of Macedonia, Malawi, Malta, Marshall Islands, Mauritius, Mexico, Monaco, Namibia, New Zealand, Niue, Norway, Panama, Portugal, Russian Federation, Saint Lucia, Saint Kitts and Nevis, Samoa, San Marino, Serbia and Montenegro, Seychelles, Slovakia, Slovenia, South Africa, Spain, St Vincent & Grenadines, Surinam, Swaziland, Sweden, Switzerland, Tonga, Trinidad & Tobago, Turkey, Ukraine, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Venezuela and Yugoslavia.
The following routes could be applicable to have an EUC authenticated in cases where countries are not State Parties to The Hague Convention of 5 October 1961:
Route 1: Industry should have the South African Mission accredited in the foreign buyer=s or importer's country authenticate the verified EUC after which DFA's Consular and Agency Services in Pretoria will certify the South African Mission's authentication of the EUC.
This is the preferred route for a South African exporter to follow.
Route 2: The foreign buyer=s or importer's local foreign Embassy/High Commission in South Africa could be approached to verify the EUC after which the EUC will be authenticated by DFA's Consular and Agency Services in Pretoria. Note 1
A South African exporter should please note that this is not the preferred route to follow in cases where South Africa is represented in the foreign importer=s country, whereby Route 1 should be utilized.
Route 3: In cases where South Africa does not have physical representation in a foreign buyer=s or importer's country, and the foreign buyer=s or importer's country is not represented in South Africa, industry may utilize the Foreign Embassy/High Commission in South Africa that is accredited to the relevant country. Note 2
The procedure is similar to that in Route 2.
The DFA's Consular and Agency Services keeps specimen copies of the signatures of Heads of Foreign Missions in South Africa. Should the Head of Mission not be available or the post is vacant, specimen copies of the second in charge have to be forwarded to the DFA's Consular and Agency Services to be placed on their records.
This process is performed by way of a Note Verbale which is forwarded to the relevant Embassy/High Commission by the DFA, requesting the full names, designation and signature of the Head of Mission or second-in-charge. The requested information is then sent to the DFA=s Consular and Agency Services by way of a Note Verbale from the relevant Embassy/High Commission.
This means that the whole process is lengthy and can take 2 to 3 weeks to be finalized.
After the importer's local Embassy/High Commission has verified the EUC, DFA's Consular and Agency Services then authenticates the signature of the Transferred Official charged with such responsibility, which appears on the EUC.
Note 2: Industry may be aware that there are other legal means to authenticate documentation in South Africa. Due to the nature of the goods and technology indicated in the above-mentioned Acts, the procedure to authenticate EUC's as described above should be followed, the cost of which will be minimal to industry.
(Convention de La Haye du 5 octobre 1961)
This public document has been signed by____________________
acting in the capacity of____________________________________
bears the seal/stamp of__________________________________
NON TRANSFER/END USE CERTIFICATE
To be presented to the National Conventional Arms Control Committee and the South African Non-Proliferation Council acting in their capacity as the national authority on conventional arms/ non-proliferation control, in terms of the Armaments Production & Development Act (Act 57 of 1968) and the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993) and
It is hereby certified that the item(s) listed in the attached schedule(s) will be installed at/delivered to:
(Full details of place/institution):
For the exclusive use by (full details of place/institution):
And will be used solely for the purpose(s) of (detailed application):
The item(s) will be used for purpose(s) stated and will not be modified or replicated without the prior written consent of the South African Government Representative(s).
The CONSIGNEE/BUYER grants access and permission to South African Government Representative(s) to visit the stated facilities so as to verify the END USER and END USE of and compliance with the above stated stipulations.
The CONSIGNEE/BUYER hereby confirms that the item(s) will not be used in the development, production, stockpiling, maintenance or transit of any nuclear, chemical or biological weapon or delivery system intended to deliver such weapons.
Neither the item(s) nor derivatives will be transferred to any other party without the prior written consent of the South African Government Representative(s).
The CONSIGNEE/BUYER undertakes not to alienate, resell or dispose of in any manner any of the item(s) as purchased/obtained from the CONSIGNOR/SELLER or CO-MANUFACTURER without the prior written consent of the South African Government Representative.
THUS DONE AND SIGNED BY THE CONSIGNEE/BUYER ON THIS (DAY) OF (MONTH) OF AT (PLACE).
SIGNATURE FOR AND ON BEHALF OF THE END USER
OF THE GOVERNMENT OF
THE CONSIGNEE'S/BUYER'S COUNTRY AUTHENTICATION ISSUED BY SA GOVERNMENT