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COVID19-related export control measures – has South Africa adopted the same yet?
The rapid spread of the coronavirus disease (COVID19) has increased demand for and raised concerns about the availability of personal protective equipment (PPE) essential to prevent further spreading of the disease. PPE include face shields, protective spectacles, respiratory masks, protective garments, suits and gloves, among others. Due to the increased demand for PPE and concerns about availability, several countries have imposed temporary export bans and/or restrictions on specific PPE. For example, on 15 March 2020, the European Union (EU) adopted Regulation 2020/402, subjecting the export of specific PPE (whether originating in the EU or elsewhere) to an export authorisation. This is a temporary measure to prevent or remedy critical situations arising from shortages of essential products (pursuant to Article 5 of Regulation 2015/479) and is line with the WTO public health exceptions. Turkey, China, South Korea, Taiwan, Thailand, Kazakhstan, India, Russia, and the Czech Republic has also imposed temporary export restrictions on PPE including masks, goggles, and sterile gloves. Some governments may have taken the same actions on a more informal basis.
Thus far, South Africa has not adopted similar actions; neither are aware of any ongoing process of adopting the measures banning or restricting PPEs exports to any country. The government gazette does not include any such measures. Even the South African Revenue Service has not provided any information related to such measures (as at 19 March 2020). South Africa produces most of the PPE listed in Annex 1 to the Regulation 2020/402 and exports to the EU and world at large. In 2019, South Africa’s exports of specific PPE products to the EU amounted to US$868 thousand, and US$6.7 million to the world (see Table 1).
Table 1: South Africa’s exports of specific PPE products to the EU and world in 2019
HS Code
|
Product Label
|
EU exports US$
|
World exports
US$
|
392620
|
Gloves (apparel and clothing accessories)
|
405 000
|
6 079 000
|
90200000
|
Breathing appliances and gas masks
|
382 00
|
7 038 000
|
6114
|
Knitted or crocheted special garments
for professional, sporting, n.e.s
|
142 000
|
7 184 00
|
40151100
|
Surgical gloves, of vulcanised rubber
(excluding fingerstalls)
|
69 000
|
2 694 000
|
621139
|
Male tracksuits and other garments, n.e.s. of textile materials
|
64 000
|
2 479 000
|
62113310
|
Male tracksuits and other garments, n.e.s. of man-made fibres
|
43 000
|
241 000
|
62113390
|
Male tracksuits and other garments, n.e.s. of man-made fibres
|
42 000
|
1 376 000
|
62160000
|
Gloves, mittens and mitts, of all types of textile materials
|
31 000
|
606 000
|
62113210
|
Male tracksuits and other garments, n.e.s. of cotton
|
23 000
|
752 000
|
611300
|
Knitted or crocheted garments rubberised with plastics or other materials
|
14 000
|
512 000
|
62113290
|
Male tracksuits and other garments, n.e.s. of cotton (excluding knitted or crocheted):
|
12 000
|
1 805 000
|
62103000
|
Garments of the type described in subheading 6202,11 to 6202,19 rubberised with plastics or other materials
|
9 000
|
320 000
|
621149
|
Female tracksuits and other garments, n.e.s. of textile materials
|
4 000
|
830 000
|
40159000
|
Articles of apparel and clothing accessories, for all purposes, of vulcanised rubber (excluding hard rubber, footwear and headgear and gloves, mittens and mitts)
|
3 000
|
1 114 000
|
62114290
|
Female tracksuits and other garments, n.e.s. of cotton
|
3 000
|
689 000
|
62105000
|
Female garments of textile fabrics, rubberised with plastics
|
2 000
|
212 000
|
62102000
|
Garments of the type described in subheading 6201,11 to 6201,19, rubberised with plastic
|
1 000
|
60 000
|
621040
|
Male garments of textile fabrics, rubberised with plastics
|
1 000
|
840 000
|
Total
|
|
868 000
|
6 655 000
|
The PPE export bans and/or controls are essential to meet the domestic demand for medical protective gear and might equally have enormous substantial fatal outcomes in high-risk countries with low or no PPE productive capacity and largely dependent on the import of such products. Further, countries imposing (or considering) PPE export restrictions must adopt exceptions to allow the export of such products to high-risk and import dependent countries with low productive capacity. PPE production is concentrated in a few countries across the world and the current production is insufficient to meet the global demand. PPE production should be enhanced or urged.
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