On 6 March 2026, ITAC published notice 7199 inviting the public to comment on proposed amendments to the International Trade Administration Act 71 of 2002 (“ITA Act”). ITAC has allowed the public 4 weeks from the date of publication of the Notice to submit comments regarding the proposed amendments.

The proposed amendments include the following:

Section 16 has been revised to introduce, among other changes, a new subsection (5). This subsection empowers ITAC to require entities applying for an investigation or review relating to ordinary customs duties, amendments to rebate or drawback provisions, or amendments to safeguard measures to submit performance-related commitments. These may include targets relating to employment, investment, output, and pricing. These commitments are expected to align closely with the reciprocity undertakings that ITAC currently requires when considering similar applications.

A further proposed amendment introduces section 18A into the ITA Act. In terms of this provision, the Minister of Trade, Industry and Competition (“the Minister”) may instruct ITAC to investigate any trade-related measure, practice, or policy of a foreign country if the Minister believes that such conduct constitutes a breach of an international trade agreement to which the Republic is a party, a violation of other international trade obligations towards the Republic, or a denial of fair and equitable treatment to the Republic. This intervention would be warranted where the conduct in question adversely affects the Republic’s trade or economic interests.

There are several additional proposed amendments, each of which warrants careful consideration. It is therefore strongly recommended that all stakeholders, whether directly or indirectly involved in international trade, review the proposed changes and submit comments to ITAC where appropriate.