Guidelines to Industry Relating to the Process of the Authentication of Foreign End User Certificates (EUC's) for Goods Exported from South Africa to Foreign Countries

Introduction / Process to follow / Legal Instrument / Processing Time / Cost / Forms to be completed / Location and contacts

Introduction

An End User Certificate (EUC) is a written undertaking of an importer or buyer of arms, ammunition or military equipment 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. The importer also 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.

Authentication of an EUC is the verification that the document is legal in that the signature, title and position of the signatory and, where appropriate, the identity and seal it bears are all authentic. The process is commonly referred to as ‘legalisation’.

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 legalised document.

What are the requirements for authenticating an EUC?

• The EUC must be an original document. (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:
  
  o the issuing authority
  o the place and date of issue
  o a reference number
  o the signature and name, as well as the title and position of such signatory, and
  o 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.
  

Process to follow

• First verify the signature and details on the EUC with the State Authority in the foreign country. The State Authority is either the state department responsible for foreign relations or any other organ of state formally mandated by the foreign country.
  
  
• Once the EUC has been legalised by the foreign country's State Authority, submit it to the South African diplomatic or consular representative accredited to that foreign country to legalise the relevant signature and annexures (where applicable).
  
  
• Submit the EUC to the Chief Directorate Peace and Security, Sub-Directorate Disarmament at the Department of Foreign Affairs, Pretoria, for an approval letter to be issued to the Chief Directorate: Consular Services verifying the existence of a permit.
  
  
• The final authentication of the EUC is performed by the Legalisation Section in the Chief Directorate: Consular Services of the Department of Foreign Affairs, Pretoria, South Africa.

The mechanism of the “apostille” as provided for by the Hague Convention of 5 October 1961 does not apply to end-user certificates (see Article 1 of the Convention).

Legal Instrument

Regulation of Foreign Military Assistance Act, 1998 (Act 15 of 1998)
Rule 63 of the Rules of the High Court (South Africa)
The Hague Convention of 5 October 1961
Armaments Development and Production Act, 1968 (Act 57 of 1968)
Arms and Ammunition Act, 1969 (Act 75 of 1969)
Teargas Act, 1964 (Act 16 of 1964)
Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993), and
Nuclear Energy Act, 1999 (Act 46 of 1999).

Copies of Acts are available on www/gov.za or can be obtained from the Government Printer.

Processing time

Upon submission of the EUC to the Legalisation Section and provided all documents are in order, the document will be legalised within 30-45 minutes. The Legalisation Section is open to the public from 08h30 to 12h30 (Monday - Friday).

Cost

None.

Forms to be completed

None.

Location and Contacts

Chief Directorate Peace and Security
Sub-Directorate Disarmament
First Floor, Post Park North Building
Tulbagh Park
1234 Church Street
Pretoria

Telephone: (012) 351 1582/08

Chief Directorate Consular Services
Legalisation Reception
Ground Floor, Eikendal Building
Tulbagh Park
1234 Church Street
Pretoria

Telephone: (012) 351-1231/2
Fax: (012) 351-1916