Global Trade Alert

On the 14 August 2009, in the Government Gazette, the National Treasury advanced a new set of Draft Preferential Procurement Regulations, 2009. Interested persons are invited to send comments on this draft by 14 September 2009.
 
According to the announcement, the purpose of the proposed regulation is to "ensure that Government's preferential procurement procedures are aligned with the aims of the Broad-Based Black Economic Enpowerment Act. 2003 and associated Codes of Good Pracitces."
 
Relevant changes
There are two proposed changes that may have implications for international commerce:

1. The threshold level below which contracts more systematically favor small, medium and micro enterprises has been raised, potentially reducing the number of contracts available for international competition.
2. The proposed new Regulations are "to apply to all organs of the state and not only national and provincial departnments, municipalities, Parliament, provincial legislatures and schedule 3A and 3C public entities."