This
contains UNCERTIFIED COPY for information/reference. For authentic
copy, please refer to certified copy only. In case
of any
mistake,
please bring it to our notice.
QUICK LINKS: ROOT
DATABASE | OVERVIEW
| VERSIONS & TEXT ACCESS | TIMELINE
| SUBORDINATE
TEXTS | COMMENTARY
| POTENTIAL
TRANSGRESSOR LISTS | TEST
FOR TRANSGRESSIONS | EMAIL
A REQUEST FOR UPDATES | HELP
| CONTACT
US | SEARCH
SITE | LOG
OUT |
|
South Africa
NATIONAL
LEGISLATION OVERVIEWS
|
|
|
Customs Control Act, No. 31 of
2014 NOTE: Assented
to and published in English, with alternative copy in Afrikaans
Long title
To
provide for customs
control of all vessels, aircraft, trains, vehicles, goods and persons
entering or leaving the Republic; to facilitate the implementation of
certain laws levying taxes on goods and of other legislation applicable
to such goods and persons; and for matters incidental thereto.
Table
of
contents
SECTION |
TITLE |
|
CHAPTER
1.
INTERPRETATION, APPLICATION AND ADMINISTRATION OF THIS ACT
|
|
Part 1 Interpretation of
this Act
|
1. |
Definitions
|
2. |
Time
of importation or exportation and of arrival or departure
|
|
Part 2 Purpose and
application of this Act
|
3. |
Purpose
of this Act
|
4. |
Goods
and persons to which this Act applies |
5. |
Territorial
application of this Act
|
6. |
Application
of this Act in relation to SACU member states
|
7. |
Application
of this Act in relation to SADC member states
|
8. |
Application
of this Act in relation to tax levying Acts and
legislation regulating goods and persons entering or leaving Republic
|
|
Part 3 Administration of
this Act
|
9. |
Commissioner
to administer this Act |
10. |
Designation
of customs officers
|
11. |
Powers
and duties of customs officers
|
12. |
General
requirements for performing enforcement functions
|
13. |
Identification
of customs officers and equipment
|
14. |
Customs
Offices |
15. |
Agreements
for assistance in administration of this Act and tax levying Acts
|
16. |
Customs
co-operation with other countries
|
17. |
Provision
of special customs services
|
|
Part 4 Delegations
|
18. |
Delegation
by Minister
|
19. |
Delegation
by Commissioner
|
|
Part 5 Confidentiality |
20. |
Definition
|
21. |
Confidentiality
|
22. |
Disclosure
to authorised recipients
|
23. |
Disclosures
in terms of international agreements
|
|
Part 6 Other matters
|
24. |
Requests
for information |
25. |
Rules
to facilitate implementation of this Chapter
|
26. |
Offences
in terms of this Chapter
|
|
CHAPTER 2.
CUSTOMS CONTROL, PLACES OF ENTRY AND EXIT AND CUSTOMS CONTROLLED AREAS
|
27. |
Purpose
of this Chapter
|
|
Part 1 Customs control
|
28. |
Customs
control of goods
|
29. |
Customs
control of persons |
30. |
Foreign-going
vessels and aircraft passing through Republic without calling or landing
|
|
Part 2 Places of entry and
exit
|
31. |
Designation
of places of entry and exit
|
32. |
Purposes
for which places of entry or exit may be used
|
33. |
Restrictions
on use of places of entry or exit
|
34. |
Places
of entry or exit in terms of international agreements with adjoining
countries |
35. |
Information
sharing agreements
|
36. |
Places
of entry for foreign-going vessels and aircraft
|
37. |
Calls
or landings resulting from forced circumstances
|
38. |
Places
of entry or exit for cross-border trains
|
39. |
Places
of entry or exit for vehicles |
40. |
Places
of entry or exit for persons
|
41. |
Places
of entry or exit for goods
|
42. |
Consequences
in event of contravention of entry or exit requirements
|
|
Part
3 Customs controlled areas
|
43. |
List
of customs controlled areas
|
|
Part
4 Other matters
|
44. |
Exclusions
and exemptions
|
45. |
Rules to
facilitate implementation of this Chapter |
46. |
Offences in
terms of this Chapter
|
|
CHAPTER 3.
REPORTING REQUIREMENTS FOR INBOUND AND OUTBOUND VESSELS, AIRCRAFT,
TRAINS, BUSES, TRUCKS, PERSONS AND CARGO |
47. |
Purpose and
application of this Chapter
|
|
Part 1 Reporting
requirements for arriving and departing foreign-going vessels
|
48. |
Application of
this Part
|
49. |
Advance
loading and arrival notices |
50. |
Arrival reports
|
51. |
Advance
departure notices
|
52. |
Permission to
depart
|
53. |
Departure
reports
|
|
Part 2 Reporting
requirements for arriving and departing foreign-going aircraft
|
54. |
Application of
this Part |
55. |
Advance
arrival notices
|
56. |
Arrival reports
|
57. |
Advance
departure notices
|
58. |
... [...repealed by Act
2017_013_038_20171218 - was entitled "Permission to depart"]
|
59. |
Departure
reports
|
|
Part 3 Reporting
requirements for arriving and departing cross-border trains |
60. |
Advance
arrival notices
|
61. |
Arrival reports
|
62. |
Advance
departure notices
|
63. |
Departure
reports
|
|
Part 4 Reporting
requirements for arriving and departing buses
|
64. |
Advance
arrival notices |
65. |
Arrival reports
|
66. |
Advance
departure notices
|
67. |
Departure
reports
|
|
Part 5 Reporting
requirements for trucks entering or leaving Republic
|
68. |
Advance
arrival notices
|
69. |
Arrival
reports and manifests of incoming cargo |
70. |
Advance
departure notices
|
71. |
Departure
reports and manifests of outgoing cargo
|
|
Part 6 Cargo outturn reports
by licensees
|
72. |
Definition
|
73. |
Outturn
reports of containers off-loaded from or loaded on board vessels at sea
cargo terminals
|
74. |
Outturn
reports of break bulk cargo or bulk cargo off-loaded from or loaded on
board vessels at sea cargo terminals |
75. |
Outturn
reports of containers removed from or received at sea cargo terminals
and container depots
|
76. |
Outturn
reports of cargo unpacked from or packed into containers at container
depots
|
77. |
Outturn
reports of cargo unloaded from or loaded on board aircraft at air cargo
terminals
|
78. |
Outturn
reports of cargo unpacked or packed at air cargo depots
|
79. |
Outturn
reports of cargo with no transport documents |
80. |
Reporting of
short or excess cargo
|
81. |
Reporting of
cargo in other circumstances
|
82. |
Disclosure of
advance cargo arrival notice information to licensees of cargo
terminals and depots
|
83. |
Unpacking of
cargo
|
|
Part 7 Other matters
|
84. |
Submission of
notices, reports and manifests in terms of this Chapter |
85. |
Reporting
obligations of carriers not located in Republic
|
86. |
Exclusions and
exemptions
|
87. |
Rules to
facilitate implementation of this Chapter
|
|
CHAPTER 4.
GENERAL PRINCIPLES GOVERNING CLEARANCE AND RELEASE OF GOODS AND CUSTOMS
PROCEDURES
|
88. |
Purpose and
application of this Chapter
|
|
Part 1 General principles
governing clearance of goods for home use or customs procedures
|
89. |
Clearance of
imported goods |
90. |
When clearance
declarations for goods imported through places of entry must be
submitted
|
91. |
Certain
categories of imported goods excluded from clearance requirements
|
92. |
Consequences
in event of failure to clear goods imported through places of entry
|
93. |
Clearance of
goods destined for export
|
94. |
When export
clearance declarations for goods exported through places of exit must
be submitted |
95. |
Certain
categories of goods destined for export excluded from export clearance
requirements
|
96. |
Consequences
in event of failure to clear for export goods in free circulation
through places of exit
|
97. |
...
[...repealed
by Act 2017_013_043_20171218 - was entitled "Clearance substitutions
before release of goods"] |
|
Part 2 General principles
governing release of goods for home use or customs procedures
|
98. |
Clearance of
goods precondition for release of goods
|
99. |
When release
of goods must be refused
|
100. |
When release
of goods may be refused |
.
SECTION |
TITLE |
101. |
When
release of goods may or must be withheld
|
102. |
Release
of goods pending technical analysis, expert advice or civil or criminal
proceedings
|
103. |
Preconditions
for release of goods
|
104. |
Conditional
release of goods |
105. |
When
release of goods must or may be withdrawn
|
106. |
Consequences
of refusal to release or withdrawal of release of goods
|
107. |
Clearance
and release substitutions for goods released for home use
|
108. |
Effect
of release of goods for home use or customs procedures
|
|
Part 3 General principles
governing goods under customs procedures |
109. |
Commencement
and ending of customs procedures |
110. |
Clearance
and release of goods under customs procedures
|
111. |
Transfer
of ownership of goods under certain customs procedures
[...Title
amended by Act 2017_013_044_20171218 - was entitled "Transfer of
ownership of goods under customs procedures"]
|
112. |
Tax
consequences for imported goods under customs procedures in event of
non-compliance or other happenings [...Title amended by Act
2015_023_091_20160108 - was entitled "Tax consequences for
imported goods under customs procedures in event of non-compliance"]
|
113. |
Tax
consequences for former free circulation goods under customs procedures
in event of non-compliance or other happenings [...Title amended by Act
2015_023_092_20160108 - was entitled "Tax consequences for free
circulation goods under customs procedures in event of non-compliance"] |
114. |
Tax
consequences for goods exported under customs procedures in event of
non-compliance |
115. |
Other
consequences of non-compliance with provisions applicable to customs
procedures
|
|
Part 4 Other matters
|
116. |
Keeping
of records
|
117. |
Rules
to facilitate implementation of this Chapter
|
118. |
Offences
in terms of this Chapter
|
|
CHAPTER 5.
GENERAL PRINCIPLES GOVERNING TRANSPORT, SEALING AND LOADING OF GOODS
|
119. |
Purpose
and application of this Chapter
|
|
Part 1 Transport of goods
not in free circulation |
120. |
Application
of this Part
|
121. |
Goods
not in free circulation to be transported only under customs procedures
|
122. |
Persons
permitted to transport goods not in free circulation
|
123. |
Measures
to ensure integrity of transport of goods not in free circulation
|
124. |
Transport
of goods not in free circulation with other goods in same vehicle |
125. |
Accidents
and other unforeseen events
|
|
Part 2 Sealing, loading,
off-loading and transfer of goods
|
126. |
Seals
and sealing of containers, vehicles and packages
|
127. |
Loading
of goods destined for export on foreign-going vessels and aircraft and
cross-border railway carriages
|
128. |
Off-loading
of goods destined for export from foreign-going vessels and
aircraft, cross-border railway carriages and trucks before export
|
129. |
Transfer
of goods between vessels |
130. |
Transfer
of goods between vehicles or containers
|
|
Part 3 Other matters
|
131. |
Rules
to facilitate implementation of this Chapter
|
132. |
Offences
in terms of this Chapter
|
|
CHAPTER 6.
TAX STATUS OF GOODS
|
133. |
Purpose
and application of this Chapter
|
134. |
Legal
effect of tax status
|
|
Part 1 Goods formally cleared |
135. |
Tax
status of goods cleared for home use under Chapter 8
|
136. |
Tax
status of goods in free circulation cleared for outright export
|
137. |
Tax
status of imported goods not in free circulation cleared for outright
export
|
138. |
Tax
status of goods manufactured in excise warehouses cleared for outright
export
|
139. |
Tax
status of goods under national transit procedure |
140. |
Tax
status of goods under international transit procedure
|
141. |
Tax
status of goods under excise warehouse transit procedure
|
142. |
Tax
status of goods under transhipment procedure
|
143. |
Tax
status of goods under temporary admission procedure
|
144. |
Tax
status of imported goods under warehousing procedure |
145. |
Tax status of
goods under tax free shop procedure
|
146. |
Tax status of
goods under stores procedure
|
147. |
Tax status of
goods under temporary export procedure
|
148. |
Tax status of
goods under inward processing procedure
|
149. |
Tax status of
goods under home use processing procedure |
150. |
ax status of
goods under outward processing procedure
|
151. |
Duration of
tax status conferred by customs procedures
|
|
Part 2 Goods regarded to be
cleared for home use
|
152. |
Tax status of
goods imported or off-loaded otherwise than through or at places of
entry
|
153. |
Tax status of
non-cleared imported goods
|
154. |
Tax status of
goods under customs procedures regarded to be cleared for home use |
155. |
Tax status of
samples drawn from imported goods
|
156. |
Goods regarded
for tax purposes to be cleared for home use not to be treated as goods
cleared for home use
|
|
Part 3 Goods regarded to be
cleared for outright export
|
157. |
Tax status of
goods exported or loaded for export otherwise than through or at places
of exit
|
158. |
Tax status of
goods exported without clearance
|
159. |
Tax status of
goods under customs procedures regarded to be cleared for outright
export |
160. |
Goods regarded
for tax purposes to be cleared for outright export not to be treated as
goods cleared for outright export
|
161. |
Tax status of
goods under customs procedures that revert to free circulation
|
|
CHAPTER 7.
STANDARD PROCESSES AND REQUIREMENTS FOR CLEARANCE AND RELEASE OF GOODS
|
162. |
Purpose and
application of this Chapter
|
|
Part 1 Standard clearance
processes and requirements
|
163. |
Submission of
clearance declarations
|
164. |
Types of
clearance declarations |
165. |
Persons
entitled to submit clearance declarations
|
166. |
Person by whom
goods are cleared
|
167. |
Contents of
clearance declarations
|
168. |
How and where
to submit clearance declarations
|
169. |
Time of day
when clearance declarations may be submitted |
170. |
Submission of
clearance declarations before arrival of goods at place of entry
|
171. |
Acceptance of
clearance declarations by customs authority
|
172. |
Validity of
clearance declarations
|
173. |
Determination
of time of clearance of goods
|
174. |
Amendment of
clearance declarations |
175. |
Withdrawal of
clearance declarations
|
176. |
Supporting
documents
|
177. |
Invoices
|
178. |
Amendment of
invoices
|
179. |
Keeping of
information in respect of clearance declarations
|
|
Part 2 Standard release
processes and requirements
|
180. |
Release
notifications |
181. |
Delivery of
released goods
|
182. |
Return messages
|
183. |
Withdrawal,
substitution or amendment of release notifications
|
|
Part 3 Other matters
|
184. |
Destruction,
loss or theft of clearance and release documentation |
185. |
Rules to
facilitate implementation of this Chapter
|
186. |
Offences in
terms of this Chapter
|
|
CHAPTER 8.
HOME USE OF GOODS
|
187. |
Purpose and
application of this Chapter
|
188. |
Clearance and
release of goods for home use
|
189. |
Persons
entitled to submit home use clearance declarations |
190. |
Contents of
home use clearance declarations
|
191. |
Clearance of
goods imported through cross-border transmission lines, pipelines,
cable-cars or conveyor belts |
192. |
Rules to
facilitate implementation of this Chapter
|
|
CHAPTER 9.
NATIONAL AND INTERNATIONAL TRANSIT
|
|
Part 1 Introductory
provisions
|
193. |
Purpose and
application of this Chapter
|
194. |
National and
international transit |
195. |
Commencement
and completion of national transit procedure
|
196. |
Commencement
and completion of international transit procedure
|
197. |
Extent to
which Chapters 4, 5 and 7 apply
|
198. |
Limiting
customs seaports and airports for international transit purposes
|
199. |
Application of
other legislation to goods under international transit
|
|
Part 2 Clearance and release
of goods for national and international transit |
200. |
Clearance of
goods for transit
|
.
SECTION |
TITLE |
201. |
Persons
entitled to submit transit clearance declarations
|
202. |
Contents
of transit clearance declarations
|
203. |
Use
of other documents as transit clearance declarations for postal articles
|
|
Part 3 National and
international transit operations
|
204. |
General |
205. |
Starting
and delivery points of transit operations
|
206. |
Commencement
and completion periods for transit operations
|
207. |
Limitations
on route for transit
|
208. |
Redirection
of goods from starting or to delivery points
|
209. |
Only
carriers permitted to carry out transit operations |
210. |
Technical
requirements of vehicles or containers used in transit of goods
|
211. |
Transfer
of goods in transit to other vehicle or container
|
212. |
Multi-modal
transit of goods
|
213. |
Interruptions
in transit operations
|
214. |
[...
repealed by Act 2015_023_097_20160108 - was entitled "Transit goods
transported by road carriers"] |
215. |
Completion
of transit operations
|
216. |
Completion
procedures
|
|
Part 4 Other matters
|
217. |
Responsibility
for ensuring compliance with transit requirements
|
218. |
Rules
to facilitate implementation of this Chapter
|
219. |
Offences
in terms of this Chapter
|
|
CHAPTER 10.
EXCISE WAREHOUSE TRANSIT PROCEDURE
|
|
Part 1 Introductory
provisions |
220. |
Purpose
and application of this Chapter
|
221. |
Excise
warehouse transit procedure
|
222. |
Commencement
and completion of excise warehouse transit procedure
|
223. |
Extent
to which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of goods for excise warehouse transit |
224. |
Clearance
of goods for excise warehouse transit
|
225. |
Persons
entitled to submit excise warehouse transit clearance declarations
|
226. |
Contents
of excise warehouse transit clearance declarations
|
|
Part 3 Excise warehouse
transit operations
|
227. |
General
|
228. |
Starting
and delivery points of excise warehouse transit operations
|
229. |
Commencement
and completion periods for excise warehouse transit operations |
230. |
Redirection
of goods from starting or to delivery points
|
231. |
Only
carriers permitted to carry out excise warehouse transit operations
|
232. |
Technical
requirements of vehicles or containers used in excise warehouse transit
operations
|
233. |
Transfer
of goods in excise warehouse transit to other vehicle or container
|
234. |
Multi-modal
excise warehouse transit of goods |
235. |
[... repealed by Act
2015_023_099_20160108 - was entitled "Excise warehouse transit
operations carried out by road carriers"]
|
236. |
Completion
of excise warehouse transit operations
|
237. |
Completion
procedures
|
|
Part 4 Other matters |
238. |
Responsibility
for ensuring compliance with excise warehouse transit requirements
|
239. |
Rules
to facilitate implementation of this Chapter
|
240. |
Offences
in terms of this Chapter
|
|
CHAPTER 11.
TRANSHIPMENT PROCEDURE |
|
Part 1 Introductory
provisions |
241. |
Purpose
and application of this Chapter
|
242. |
Transhipment
|
243. |
Commencement
and completion of transhipment procedure
|
244. |
Extent
to which Chapters 4, 5 and 7 apply |
245. |
Limitation of
customs seaports and airports for transhipment purposes
|
246. |
Application of
other legislation to goods under transhipment
|
|
Part 2 Clearance and release
of goods for transhipment
|
247. |
Clearance of
goods for transhipment
|
248. |
Persons
entitled to submit transhipment clearance declarations
|
249. |
Contents of
transhipment clearance declarations |
250. |
Supporting
documents
|
251. |
Use of other
documents as transhipment clearance declarations
|
|
Part 3 Transhipment
operations
|
252. |
Transhipment
operation not to commence before release of goods
|
253. |
Commencement
and completion of transhipment operations
|
254. |
Transhipment
goods to be secured on licensed premises |
255. |
Commencement
and completion periods for transhipment operations and export of
transhipment goods
|
256. |
Non-compliance
with completion period
|
257. |
Delivery of
transhipment goods for loading on board outgoing vessels or aircraft
|
258. |
Measures to
ensure integrity of transhipment operations
|
|
Part 4 Other matters
|
259. |
Responsibilities
for ensuring compliance with transhipment requirements |
260. |
Rules to
facilitate implementation of this Chapter |
261. |
Offences in
terms of this Chapter |
|
CHAPTER 12.
TEMPORARY ADMISSION PROCEDURE
|
|
Part 1 Introductory
provisions
|
262. |
Purpose and
application of this Chapter
|
263. |
Temporary
admission
|
264. |
Commencement
and completion of temporary admission procedure
|
265. |
Extent to
which Chapters 4 and 7 apply
|
266. |
Part 2
Temporary admission of goods under regular clearance and release
procedures
|
|
Application
of this Part |
267. |
Persons
entitled to submit temporary admission clearance declarations
|
268. |
Contents of
temporary admission clearance declarations
|
269. |
Maximum period
of temporary admission [...Title amended by Act
2017_013_052_20171218 - was entitled "Release notifications to
state period of temporary admission"]
|
270. |
Simplified
clearance and release for commercial trucks entering Republic
temporarily |
271. |
Simplified
clearance and release for buses and taxis entering Republic temporarily
|
272. |
Simplified
clearance and release for private vehicles, small vessels and light
aircraft entering Republic temporarily
|
|
Part 3 Re-export of goods
under temporary admission in terms of Part 2 |
273. |
Goods under
temporary admission in terms of Part 2 to be cleared for export and
re-exported within applicable timeframes
|
274. |
Persons
entitled to submit export clearance declarations for goods under
temporary admission
|
275. |
Contents of
export clearance declarations
|
276. |
Simplified
export clearance and release for commercial trucks leaving Republic |
277. |
Simplified
export clearance and release for buses and taxis leaving Republic
|
278. |
Simplified
export clearance and release for private vehicles, small vessels and
light aircraft leaving Republic
|
279. |
Proof of
re-export of goods under temporary admission in terms of Part 2
|
|
Part 4 Temporary admission
of goods under international clearance arrangements |
280. |
Application of
this Part
|
281. |
Clearance and
release of goods for temporary admission on authority of CPD or ATA
carnets
|
282. |
Guaranteeing
associations to be approved
|
283. |
Formats of CPD
and ATA carnets |
284. |
Validity
period of CPD and ATA carnets
|
285. |
Amendment of
CPD and ATA carnets
|
286. |
Replacement of
CPD and ATA carnets |
287. |
Re-export of
goods under temporary admission in terms of this Part
|
288. |
Clearance for
export of goods under temporary admission in terms of this Part
|
|
Part 5 Goods that
automatically come under temporary admission procedure
|
289. |
Foreign-going
vessels, aircraft, locomotives and railway carriages entering Republic |
290. |
Reusable
transport equipment entering Republic
|
|
Part 6 Provisions applicable
to all goods under temporary admission*
|
291. |
General
provisions |
292. |
Goods not
re-exported within applicable period regarded for tax purposes to be
cleared for home use
|
|
Part 7 Other matters
|
293. |
Rules to
facilitate implementation of this Chapter
|
294. |
Offences in
terms of this Chapter
|
|
CHAPTER 13.
WAREHOUSING PROCEDURE
|
|
Part 1 Introductory
provisions |
295. |
Purpose and
application of this Chapter
|
296. |
Warehousing
procedure
|
297. |
Commencement
and completion of warehousing procedure
|
298. |
Extent to
which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of goods for warehousing
|
299. |
Warehousing of
goods |
300. |
Purposes for
which goods may be cleared for warehousing in public storage warehouses
|
.
SECTION |
TITLE |
301. |
Purposes
for which goods may be cleared for warehousing in private storage
warehouses
|
302. |
Persons
entitled to submit warehousing clearance declarations
|
303. |
Contents
of warehousing clearance declarations
|
304. |
Redirection
of goods
|
|
Part 3 Warehousing of goods
in storage warehouses
|
305. |
Maximum
warehousing period |
306. |
Warehousing
of dangerous or hazardous goods
|
307. |
Records
to be kept of warehoused goods
|
308. |
Reports
to be submitted in connection with warehoused goods
|
309. |
Sorting,
packing, and other actions in relation to goods warehoused in storage
warehouses
|
310. |
Removal
of goods from storage warehouses |
311. |
Removal
of restricted goods stored in storage warehouses pending
compliance with legislation restricting import or possession
|
|
Part 4 Other matters
|
312. |
Notification
of closure of public storage warehouse
|
313. |
Rules
to facilitate implementation of this Chapter
|
314. |
Offences
in terms of this Chapter
|
|
CHAPTER 14.
TAX FREE SHOP PROCEDURE
|
|
Part 1 Introductory
provisions |
315. |
Purpose
and application of this Chapter
|
316. |
Tax
free shop procedure
|
317. |
Commencement
and completion of tax free shop procedure
|
318. |
Extent
to which Chapters 4 and 7 apply
|
|
Part 2 Clearance and release
of goods not in free circulation for supply to tax free shops |
319. |
Clearance
and release of goods for tax free shop procedure
|
320. |
Persons
entitled to submit tax free shop clearance declarations
|
321. |
Contents
of tax free shop clearance declarations
|
322. |
Redirection
of goods
|
|
Part 3 Receipt, sale and
removal of goods in tax free shops |
323. |
Goods
that may be sold in tax free shops
|
324. |
Persons
to whom goods may be sold in tax free shops
|
325. |
Issuing
of sale invoices
|
326. |
Off-site
outlets |
327. |
Maximum
period for which goods may remain in tax free shops
|
328. |
Removal
of goods from tax free shops
|
329. |
Manipulation,
alteration or combination of goods in tax free shops
|
|
Part 4 Accountability for
goods in tax free shops
|
330. |
Inventory
control of goods in tax free shops |
331. |
Regular
reports
|
|
Part 5 Other matters
|
332. |
Rules
to facilitate implementation of this Chapter
|
333. |
Offences
in terms of this Chapter
|
|
CHAPTER 15.
STORES PROCEDURE
|
|
Part 1 Introductory
provisions |
334. |
Purpose
and application of this Chapter
|
335. |
Stores
procedure
|
336. |
Commencement
and completion of stores procedure
|
337. |
Extent
to which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of stores taken on board in Republic |
338. |
Application
of this Part
|
339. |
Stores
taken on board first to be cleared and released for stores procedure
|
340. |
Persons
entitled to submit stores clearance declarations |
341. |
Contents
of stores clearance declarations
|
342. |
Release
to be given only for quantities of stores actually needed for voyage
|
343. |
Acknowledgement
of receipt of stores taken on board
|
344. |
Taking
of prohibited, restricted and sectorally controlled goods on board
vessels, aircraft or trains as stores
|
|
Part 3 Reporting and control
of stores under stores procedure |
345. |
Application of
this Part
|
346. |
Stores arrival
reports
|
347. |
Sealing or
securing of stores
|
348. |
Issue of
stores for use on vessels whilst in customs seaports
|
349. |
Tax free items
for sale on board to travellers and crew |
350. |
Removal of
stores from vessels, aircraft or trains
|
351. |
Securing of
stores by removal from vessels or aircraft
|
352. |
Replacement of
stores on vessel or aircraft
|
353. |
Unused stores
on board vessels or aircraft no longer bound for foreign destinations
|
354. |
Stores
departure reports |
355. |
Submission of
stores reports in terms of this Chapter
|
356. |
Aborted voyages
|
|
Part 4 Other matters |
357. |
Additional
grounds for regarding stores under stores procedure to be cleared for
home use
|
358. |
Additional
grounds for regarding stores under stores procedure to have reverted to
free circulation
|
359. |
Rules to
facilitate implementation of this Chapter
|
360. |
Offences in
terms of this Chapter
|
|
CHAPTER 16.
EXPORT PROCEDURE
|
|
Part 1 Introductory
provisions |
361. |
Purpose and
application of this Chapter
|
362. |
Export
procedure
|
363. |
Commencement
and completion of export procedure
|
364. |
Extent to
which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of goods for export from Republic |
365. |
Clearance of
goods for export
|
366. |
Persons
entitled to submit export clearance declarations
|
367. |
Contents of
export clearance declarations
|
368. |
Timeous
delivery of goods to depots and export terminals to allow for inspection
|
369. |
Time when
goods may be released for export |
370. |
Failure to
export goods released for export
|
371. |
Clearance of
goods exported through cross-border transmission lines, pipelines,
cable-cars or conveyor belts
|
|
Part 3 Other matters |
372. |
Rules to
facilitate implementation of this Chapter
|
373. |
Offences in
terms of this Chapter
|
|
CHAPTER 17.
TEMPORARY EXPORT PROCEDURE
|
|
Part 1 Introductory
provisions
|
374. |
Purpose and
application of this Chapter
|
375. |
Temporary
export procedure |
376. |
Commencement
and completion of temporary export procedure
|
377. |
Extent to
which Chapters 4, 5 and 7 apply
|
|
Part 2 Temporary export of
goods under regular clearance and release procedures
|
378. |
Application of
this Part
|
379. |
Clearing of
goods for temporary export |
380. |
Maximum period
of temporary export [...Title amended by Act
2017_013_060_20171218 - was entitled "Release of goods for temporary
export"] |
381. |
Simplified
clearance and release for commercial trucks temporarily leaving Republic
|
382. |
Simplified
clearance and release for buses and taxis temporarily leaving Republic
|
383. |
Simplified
clearance and release for private vehicles, small vessels and light
aircraft temporarily leaving Republic
|
|
Part 3 Clearance and release
of re-imported unaltered goods for home use |
384. |
Application of
this Part
|
385. |
Conditions for
clearance of goods as re-imported unaltered goods for home use
|
386. |
Persons
entitled to submit re-importation clearance declarations |
387. |
Contents of
re-importation clearance declarations
|
388. |
Repayment of
export benefits
|
389. |
Simplified
home use clearance and release for commercial trucks re-entering
Republic |
390. |
Simplified
home use clearance and release for buses and taxis re-entering Republic
|
391. |
Simplified
home use clearance and release for private vehicles, small vessels and
light aircraft re-entering Republic
|
392. |
Refusal to
release goods as re-imported unaltered goods for home use
|
|
Part 4 Temporary export of
goods under international clearance arrangements
|
393. |
Application of
this Part |
394. |
Temporary
export of goods from Republic on authority of CPD and ATA carnets
|
395. |
Issuing
associations located in Republic to be approved
|
396. |
[...
repealed by Act 2015_023_109_20160108 - was entitled "
Guaranteeing associations to be approved'] |
397. |
Formats of CPD
and ATA carnets
|
398. |
Validity
period of CDP and ATA carnets
|
399. |
Amendment of
CDP and ATA carnets |
400. |
Return of
goods under temporary export procedure in terms of this Part
|
.
SECTION |
TITLE |
401. |
Clearance
of goods when returned to Republic
|
|
Part 5 Goods which
automatically come under temporary export procedure
|
402. |
Foreign-going
vessels, aircraft, locomotives and railway carriages leaving Republic |
403. |
Reusable
transport equipment leaving Republic
|
|
Part 6 Other matters
|
404. |
When
goods under temporary export procedure must be regarded to be cleared
for outright export
|
405. |
Rules
to facilitate implementation of this Chapter |
406. |
Offences
in terms of this Chapter
|
|
CHAPTER 18.
INWARD PROCESSING PROCEDURE
|
|
Part 1 Introductory
provisions
|
407. |
Purpose
of this Chapter |
408. |
Inward
processing procedure
|
409. |
Commencement
and completion of inward processing procedure
|
410. |
Extent
to which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of imported goods for inward processing |
411. |
Clearance
of imported goods for inward processing
|
412. |
Conditions
for clearance of imported goods for inward processing
|
413. |
Persons
entitled to submit inward processing clearance declarations |
414. |
Contents
of inward processing clearance declarations
|
415. |
Release
of imported goods for inward processing
|
|
Part 3 Clearance and release
of goods for export as inward processed compensating products
|
416. |
Clearance
of goods for export under inward processing procedure
|
417. |
Conditions
for clearance of goods for export as inward processed compensating
products
|
418. |
Time
limits on clearance for export of inward processed compensating products
|
419. |
Export
of inward processed compensating products |
420. |
Persons
entitled to submit export clearance declarations for inward processed
compensating products
|
421. |
Contents
of export clearance declarations for inward processed compensating
products
|
|
Part 4 Provisions regulating
goods under inward processing procedure
|
422. |
Imported
goods under inward processing procedure to be used only for production
of inward processed compensating products
|
423. |
Compulsory
export of inward processed compensating products
|
424. |
By-products
and commercially valuable waste |
425. |
Conversion
rates
|
426. |
Identification
measures
|
427. |
Records
and stocktaking
|
428. |
Subcontracting
of inward processing operations
|
429. |
Use
of equivalent goods
|
|
Part 5 Other matters
|
430. |
Additional
grounds for regarding goods under inward processing procedure to be
cleared for home use
|
431. |
Effect
on compensating products when goods under inward processing procedure
regarded to be cleared for home use
|
432. |
Rules
to facilitate implementation of this Chapter |
433. |
Offences
in terms of this Chapter
|
|
CHAPTER 19.
HOME USE PROCESSING PROCEDURE
|
|
Part 1 Introductory
provisions
|
434. |
Purpose
of this Chapter
|
435. |
Home
use processing procedure |
436. |
Commencement
and completion of home use processing procedure
|
437. |
Extent
to which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of imported goods for home use processing
|
438. |
Clearance
of imported goods for home use processing
|
439. |
Conditions
for clearance of imported goods for home use processing |
440. |
Persons
entitled to submit home use processing clearance declarations
|
441. |
Contents
of home use processing clearance declarations
|
442. |
Release
of imported goods for home use processing
|
|
Part 3 Provisions regulating
home use processing procedure |
443. |
Goods
under home use processing procedure only to be used for production of
home use compensating products
|
444. |
Time
limits on completion of home use processing of goods
|
445. |
Home use
compensating products to be dealt with as goods in free circulation
|
446. |
By-products
and commercially valuable waste
|
447. |
Conversion
rates
|
448. |
Records and
stocktaking |
449. |
Sub-contracting
of home use processing operations
|
|
Part 4 Other matters
|
450. |
Additional
grounds for regarding goods under home use processing procedure to be
cleared for home use
|
451. |
Rules to
facilitate implementation of this Chapter
|
452. |
Offences in
terms of this Chapter
|
|
CHAPTER 20.
OUTWARD PROCESSING PROCEDURE
|
|
Part 1 Introductory
provisions |
453. |
Purpose of
this Chapter
|
454. |
Outward
processing procedure
|
455. |
Commencement
and completion of outward processing procedure
|
456. |
Extent to
which Chapters 4, 5 and 7 apply
|
|
Part 2 Clearance and release
of goods for export for outward processing
|
457. |
Clearance of
goods for outward processing procedure
|
458. |
Conditions for
clearance of goods for outward processing |
459. |
Persons
entitled to submit export clearance declarations for export of goods
for outward processing
|
460. |
Contents of
clearance declarations for export of goods for outward processing
|
461. |
Release not to
be limited to owners of goods
|
462. |
Release of
goods for export under outward processing procedure
|
|
Part 3 Clearance and release
for home use of outward processed compensating products |
463. |
Clearance of
imported goods for home use as outward processed compensating products
|
464. |
Conditions for
clearance for home use of outward processed compensating products
|
465. |
Time limits on
clearance for home use of outward processed compensating products
|
466. |
Importation of
outward processed compensating products
|
467. |
Persons
entitled to submit home use clearance declarations for outward
processed compensating products
|
468. |
Contents of
home use clearance declarations for outward processed compensating
products
|
|
Part 4 Provisions regulating
outward processing procedure |
469. |
4Conversion
rates for goods to compensating products
|
470. |
Identification
measures
|
|
Part 5 Other matters
|
471. |
Specific
grounds for regarding goods exported under outward processing procedure
to be cleared for outright export
|
472. |
Proportionate
application of section 114(1) to goods exported under outward
processing procedure
|
473. |
Effect on
outward processed compensating products when goods exported
for outward processing are regarded to be cleared for outright export |
474. |
Rules to
facilitate implementation of this Chapter
|
475. |
Offences in
terms of this Chapter
|
|
CHAPTER 21.
CUSTOMS PROCESSING OF PERSONS ENTERING OR LEAVING REPUBLIC
|
476. |
Definitions |
477. |
Purpose and
application of this Chapter
|
|
Part 1 Persons entering
Republic
|
478. |
Incoming
traveller and crew declarations
|
479. |
Accompanied
and unaccompanied baggage items that must be declared |
480. |
Clearance of
accompanied and unaccompanied baggage items that must be declared
|
481. |
Import tax
payable on accompanied and unaccompanied baggage items
|
482. |
Place
where incoming traveller and crew declarations must be submitted
|
|
Part 2 Persons
leaving Republic
|
483. |
Outgoing
traveller and crew declarations
|
484. |
Accompanied
and unaccompanied baggage items that must be declared |
485. |
Clearance of
accompanied and unaccompanied baggage items that must be declared
|
486. |
Export tax
payable on accompanied and unaccompanied baggage
|
487. |
Place where
outgoing traveller and crew declarations must be submitted
|
|
Part 3 Other matters
|
488. |
Channel or
other system |
489. |
Rules to
facilitate implementation of this Chapter
|
490. |
Offences in
terms of this Chapter
|
|
CHAPTER 22.
INTERNATIONAL POSTAL ARTICLES HANDLED BY SOUTH AFRICAN POST OFFICE
|
|
Part 1 Introductory
provisions
|
491. |
Purpose and
application of this Chapter
|
492. |
Prohibited,
restricted or sectorally controlled goods
|
|
Part 2 Clearance and release
of international postal articles |
493. |
Clearance of
imported international postal articles
|
494. |
Clearance of
international postal articles destined for export
|
|
Part 3 Customs processing of
international postal articles
|
495. |
Removal of
international postal articles to international postal clearance depots
|
496. |
Presentation
of international postal articles to customs authority |
497. |
Postal
declaration to accompany international postal articles presented to
customs authority
|
498. |
Customs
authority’s functions in relation to international postal articles
presented to it
|
|
Part 4 Payment of import or
export tax on international postal articles
|
499. |
Release of
international postal articles
|
500. |
Payment of tax
on international postal articles |
.
SECTION |
TITLE |
501. |
Time
when tax becomes payable and rate of tax |
502. |
Payment
of tax to customs authority
|
503. |
Cancellation
and repayment of tax
|
504. |
Condonation
of underpayment
|
|
Part 5 Inspection of
international postal articles
|
505. |
Enforcement
to be consistent with this Part
|
506. |
Opening
of international postal articles
|
507. |
Personal
or private communications
|
508. |
Notification
that international postal articles have been opened |
509. |
Seizure
and confiscation of international postal articles
|
|
Part 6 Other matters
|
510. |
Conclusion
of agreements |
511. |
Rules
to facilitate implementation of this Chapter
|
|
CHAPTER 23.
ACCESS TO AND SAMPLING OF GOODS
|
512. |
Purpose
of this Chapter
|
513. |
Right
of access to and taking samples from goods
|
514. |
Samples
of imported goods
|
515. |
Samples
of goods in free circulation cleared for export under export procedure |
516. |
Rules
to facilitate implementation of this Chapter
|
517. |
Offences
in terms of this Chapter
|
|
CHAPTER 24.
EXPEDITED CLEARANCE AND RELEASE OF GOODS
|
518. |
Purpose
of this Chapter
|
519. |
Other
clearance and release provisions to apply except insofar as provided
otherwise in this Chapter |
520. |
Tax
status of goods not affected when cleared in terms of this Chapter
|
|
Part 1 Clearance and release
of goods on incomplete or provisional clearance information
|
521. |
Goods
to which this Part may be applied
|
522. |
Application
to clear and obtain release of goods on incomplete or provisional
clearance information
|
523. |
Contents
of incomplete clearance declarations
|
524. |
Contents
of provisional clearance declarations |
525. |
Release
of goods cleared in terms of incomplete or provisional clearance
declaration
|
526. |
Supplementary
clearance declarations
|
527. |
Tax
payable in respect of goods cleared in terms of this Part
|
528. |
Application
of this Part to restricted and sectorally controlled goods
|
|
Part 2 Release of goods
subject to subsequent compliance with clearance requirements |
529. |
Goods
to which this Part may be applied
|
530. |
Application
for expedited release
|
531. |
Subsequent
submission of clearance declarations
|
532. |
Tax
payable in respect of goods released in terms of this Part
|
|
Part 3 Simplified clearance
and release of goods |
533. |
Goods
to which this Part may be applied
|
534. |
Application
for simplified clearance
|
535. |
Simplified
clearance requirements
|
536. |
Tax
payable in respect of goods cleared in terms of this Part
|
537. |
Application
of this Part to restricted and sectorally controlled goods
|
|
Part 4 Other matters
|
538. |
Rules
to facilitate implementation of this Chapter |
539. |
Offences
in terms of this Chapter
|
|
CHAPTER 25.
DAMAGED, DESTROYED, LOST OR UNACCOUNTED GOODS
|
540. |
Purpose
and application of this Chapter
|
|
Part 1 Goods other than
compensating products
|
541. |
Application
of this Part
|
542. |
Notification
of goods damaged, destroyed, lost or unaccounted for
|
543. |
Consequences
of failure to notify
|
544. |
Damaged
goods |
545. |
Destroyed goods
|
546. |
Lost goods
|
547. |
Goods
unaccounted for
|
|
Part 2 Compensating products
|
548. |
Application of
this Part
|
549. |
Notification
of compensating products damaged, destroyed, lost or unaccounted for
|
550. |
Consequences
of failure to notify
|
551. |
Damaged
compensating products
|
552. |
Destroyed
compensating products |
553. |
Lost
compensating products
|
554. |
Compensating
products unaccounted for
|
|
Part 3 Other matters
|
555. |
Tax waivers
and refunds for goods damaged, destroyed, lost or unaccounted for not
applicable in certain circumstances
|
556. |
Seized,
confiscated and abandoned goods damaged, destroyed, lost or unaccounted
for
|
557. |
Wreck
|
558. |
Rules to
facilitate implementation of this Chapter
|
559. |
Offences in
terms of this Chapter
|
|
CHAPTER 26.
ABANDONMENT OF GOODS TO COMMISSIONER AND DESTRUCTION OF GOODS UNDER
CUSTOMS SUPERVISION |
560. |
Purpose and
application of this Chapter
|
|
Part 1 Abandonment of goods
to Commissioner
|
561. |
Goods that may
be abandoned to Commissioner
|
562. |
Application to
abandon goods to Commissioner
|
563. |
Consideration
of applications
|
564. |
Abandonment
notices |
565. |
Consequences
of abandonment
|
566. |
Consequences
of refusal for goods to be abandoned
|
|
Part 2 Destruction of goods
under customs supervision
|
567. |
Application to
destroy goods
|
|
CHAPTER 27 STATE WAREHOUSES |
|
Part 1 Introductory
provisions |
568. |
Purpose and
application of this Chapter |
569. |
Designation
and licensing of premises as state warehouses
|
|
Part 2 Removal of goods to
and securing of goods in state warehouses
|
570. |
Removal of
goods to state warehouses
|
571. |
Submission of
removal notices
|
572. |
Failure to
remove goods to state warehouses
|
573. |
Recovery of
expenses for removal of goods to state warehouses |
574. |
Redirection of
goods
|
575. |
Charges for
goods in state warehouses
|
576. |
Accounting
|
577. |
Reporting by
licensees of state warehouses
|
578. |
Responsibilities
of licensees of licensed state warehouses |
579. |
Risks in
connection with goods removed to or stored in state warehouses
|
|
Part 3 Retention of goods at
or removal of goods to licensed premises other than state warehouses
|
580. |
Direction or
authorisation for goods to be retained at or removed to licensed
premises other than state warehouses
|
581. |
Submission of
removal and retention notices [...Title amended by Act
2015_023_120(a)_20160108 - was entitled "Submission of removal
notices"]
|
582. |
Failure to
remove goods
|
583. |
Recovery of
expenses for removal of goods
|
584. |
Redirection of
goods
|
585. |
Charges for
goods stored at premises specified in direction or authorisation |
586. |
Responsibilities
of licensee of premises where goods are kept
|
587. |
Risks in
connection with goods
|
|
Part 4 Disposal of goods in
or accounted for in state warehouses
|
588. |
Application of
this Part
|
589. |
Publication of
lists of goods to which this Part applies |
590. |
Reclaiming of
goods in or accounted for in state warehouses
|
591. |
Removal of
reclaimed goods
|
592. |
Sale of goods
|
593. |
Urgent sales
|
594. |
Manner of sale |
595. |
Application of
proceeds of sales
|
596. |
Disposal of
goods otherwise than by sales
|
597. |
Non-compliance
with sales conditions
|
598. |
Removal of
goods following sale of goods |
599. |
Tax
consequences of goods sold or otherwise disposed of in terms of this
Part
|
|
Part 5 Other matters |
600. |
Rules to
facilitate implementation of this Chapter
|
.
SECTION |
TITLE |
601. |
Offences
in terms of this Chapter
|
|
CHAPTER 28.
REGISTRATION
|
|
Part 1 Introductory
provisions
|
602. |
Purpose
of this Chapter
|
603. |
Registration
of importers and exporters
|
604. |
Registration
of persons acquiring ownership of goods whilst under customs procedure
|
605. |
Registration
of agents for persons not located in Republic |
606. |
Registration
of electronic users
|
607. |
Registration
of other categories of persons
|
|
Part 2 Procedures for
registration applications
|
608. |
General
requirements
|
609. |
Consideration
and decision of applications
|
610. |
Grounds
for refusal of applications |
611. |
Issuing
of registration certificates
|
612. |
Contents
of registration certificates
|
613. |
Registration
conditions
|
614. |
Period
of validity of registration certificates
|
|
Part 3 Renewal and amendment
of registration certificates
|
615. |
6plication
for renewal of registration certificates by inactive registered persons
|
616. |
Issuing
of renewed registration certificates |
617. |
Amendment
of registration certificates
|
|
Part 4 Suspension or
withdrawal of registration
|
618. |
Grounds
for suspension or withdrawal of registration
|
619. |
Process
|
620. |
Communication
of decisions to suspend or withdraw registration
|
|
Part 5 General matters
|
621. |
Provision
of security |
622. |
Transfer
of registration certificates
|
623. |
Change
of circumstances on which application for registration was granted
|
624. |
Consequences
of expiry, suspension or withdrawal of registration
|
625. |
Customs
authority’s powers following expiry, suspension or withdrawal of
registration
|
626. |
Rules
to facilitate implementation of this Chapter
|
627. |
Offences
in terms of this Chapter
|
|
CHAPTER 29. LICENSING
|
|
Part 1 Introductory
provisions |
628. |
Definitions
|
629. |
Purpose
of this Chapter
|
630. |
Licensing
of categories of premises
|
631. |
Licensing
of cross-border transmission lines, pipelines, cable-cars and conveyor
belts
|
632. |
Licensing
of carriers
|
633. |
Licensing
of customs brokers |
634. |
Licensing
of other categories of premises, facilities or persons
|
|
Part 2 Procedures for all
applications
|
635. |
General
requirements
|
636. |
Consideration
and decision of applications
|
637. |
General
grounds for refusal of applications |
638. |
Communication
of decisions on applications
|
|
Part 3 Applications for new
licences
|
639. |
Additional
grounds for refusal of application for licence
|
640. |
Issuing
of licences |
641. |
Contents
of licences
|
642. |
Licence
conditions
|
643. |
Conditions
in respect of licensed premises
|
644. |
Conditions
in respect of licensed cross-border transmission lines, pipelines,
cable cars and conveyor belts
|
645. |
Conditions in
respect of licensed carriers |
646. |
Conditions in
respect of licensed customs brokers
|
647. |
Period of
validity of licences
|
|
Part 4 Renewal of licences
|
648. |
Application
for renewal of licences
|
649. |
Additional
grounds for refusing applications for renewal |
650. |
Issuing of
renewed licences
|
|
Part 5 Amendment of licences
|
651. |
General
|
652. |
Application
for amendment of licence
|
653. |
Issuing of
amended licences
|
654. |
Purposes for
which customs authority may amend licences |
655. |
Process
|
656. |
Communication
of decisions to amend licences
|
|
Part 6 Suspension or
withdrawal of licences
|
657. |
Grounds for
suspension or withdrawal of licences
|
658. |
Process
|
659. |
Communication
of decisions to suspend or withdraw licences
|
|
Part 7 General matters |
660. |
Provision of
security
|
661. |
Change of
circumstances on which application for licence was granted
|
662. |
Consequences
of expiry, lapsing, suspension or withdrawal of licences
|
663. |
Customs
authority’s powers following expiry, lapsing, suspension or withdrawal
of licence
|
664. |
Transfer of
licences
|
665. |
Rules to
facilitate implementation of this Chapter |
666. |
Offences in
terms of this Chapter
|
|
CHAPTER 30. ACCREDITATION
|
667. |
Purpose of
this Chapter
|
668. |
Application
for accredited client status
|
669. |
Consideration
and decision of applications |
670. |
Criteria for
accredited client status
|
671. |
Communication
of decisions on applications
|
672. |
Issuing of
accredited client status certificates
|
673. |
Contents of
accredited client status certificates
|
674. |
Conditions |
675. |
Period of
validity of accredited client status certificates
|
676. |
Non-compliance
with criteria for accredited client status
|
677. |
Renewal of
accredited client status certificates
|
678. |
Amendment of
accredited client status certificates
|
679. |
Suspension or
withdrawal of accredited client status certificates |
680. |
Process for
suspension or withdrawal of accredited client status certificates
|
681. |
Communication
of decisions to suspend or withdraw accredited client status certificate
|
682. |
Benefits of
accreditation
|
683. |
Rules to
facilitate implementation of this Chapter
|
684. |
Offences in
terms of this Chapter
|
|
CHAPTER 31. SECURITY FOR
PAYMENT OF TAX AND OTHER MONEY OWED TO COMMISSIONER |
685. |
Purpose of
this Chapter
|
686. |
When security
may be required
|
687. |
Persons from
whom security may be required |
688. |
Time when
security may be required
|
689. |
Determination
of amount of security
|
690. |
Forms of
security |
691. |
Security
details
|
692. |
Utilisation of
security
|
693. |
Rules to
facilitate implementation of this Chapter
|
|
CHAPTER 32. RECOVERY OF DEBT
UNDER THIS ACT
|
694. |
Purpose of
this Chapter |
695. |
Money owed to
Commissioner constitutes debt payable for credit of National Revenue
Fund
|
696. |
Recovery of
debt
|
697. |
Recovery of
debt from agent
|
698. |
Liability of
person managing juristic entity
|
699. |
Under-recovery
of debt |
700. |
Debt recovered
from security
|
.
SECTION |
TITLE |
701. |
Interest
on outstanding amounts
|
702. |
Payment
of debt in instalments
|
703. |
Persons
having accounts with Commissioner
|
704. |
Establishing
of liens over goods to secure payment of debt
|
705. |
Other
mechanisms for recovery of debt |
705A. |
Application
of Tax Administration Act for write off or compromise of debt [...inserted by Act
2018_022_027_20190117] |
706. |
Rules
to facilitate implementation of this Chapter
|
707. |
Offences
in terms of this Chapter
|
|
CHAPTER 33.
GENERAL ENFORCEMENT FUNCTIONS
|
|
Part 1 Introductory
provisions
|
708. |
Purpose
and application of this Chapter
|
|
Part 2 Customs access to
areas, premises, facilities, vessels, aircraft, trains, railway
carriages and vehicles
|
709. |
Access
to areas, premises and facilities |
710. |
Use
of force to gain access to areas, premises or facilities
|
711. |
Customs
access to vessels, aircraft, trains, railway carriages and vehicles
|
712. |
Roadblocks
for vehicles
|
713. |
Use
of force to gain access to vessels, aircraft, trains, railway carriages
and vehicles
|
714. |
Searching
of areas, premises, facilities, vessels, aircraft, trains, railway
carriages or vehicles |
715. |
Issuing
of warrants for purposes of this Part
|
|
Part 3 Stopping, calling on
and searching of persons
|
716. |
Stopping
or calling on persons
|
717. |
Searching
of persons
|
718. |
Frisk
searches
|
719. |
External
bodily searches |
720. |
Internal
bodily searches
|
721. |
Issuing
of warrants for purposes of this Part
|
|
Part 4 Powers of inspection,
sampling, investigation and sealing
|
722. |
Inspection
of goods
|
723. |
Production
of goods for inspection |
724. |
Sampling
of goods
|
725. |
Carrying
out of certain actions in relation to goods and samples by other persons
|
726. |
Liability
for costs incurred by SARS
|
727. |
Inspection
of documents
|
728. |
Production
of documents for inspection
|
729. |
Investigative
powers |
730. |
Failure
or refusal to produce goods or documents or to answer questions
|
731. |
Unsealed
containers, vehicle holding compartments, road tankers and packages |
732. |
Customs
supervision of acts done in relation to goods
|
|
Part 5 Powers of arrest
|
733. |
Powers
of arrest of customs officers
|
734. |
Manner
and effect of an arrest |
735. |
Arrest
of person without warrant
|
736. |
Arrest
of person under authority of warrant
|
737. |
Non-liability
for wrongful arrest |
738. |
Breaking
open premises for purpose of arrest
|
739. |
Use
of force in effecting arrest
|
740. |
Detention
of arrested person
|
|
Part 6 Carrying and use of
arms and ammunitions |
741. |
Authority
to carry official firearms
|
742. |
Use
of official firearms by customs officers
|
743. |
Use
of non-lethal weapons
|
|
Part 7 Border control
|
744. |
Customs
assistance in border control |
745. |
Acquisition of
equipment for border control
|
746. |
Use of customs
patrol boats for enforcement functions
|
747. |
Right of hot
pursuit by sea
|
748. |
Exemptions
applicable to customs patrol boats, aircraft and vehicles and customs
officers
|
|
Part 8 Other matters |
749. |
This Chapter
not precluding customs officers from assisting in prosecution of
offences
|
750. |
Production of
customs certificates on registration of imported motor vehicles
|
751. |
Rules to
facilitate implementation of this Chapter
|
752. |
Offences in
terms of this Chapter
|
|
CHAPTER 34.
DETENTION, SEIZURE AND CONFISCATION OF GOODS |
753. |
Purpose and
application of this Chapter
|
|
Part 1
Detention of goods
|
754. |
Power
to detain goods |
755. |
Detention of
prohibited, restricted and sectorally controlled goods
|
756. |
Detention of
counterfeit goods
|
757. |
Notice of
detention
|
758. |
Presence of
persons when detained goods are inspected |
759. |
Place of
detention
|
760. |
Period of
detention
|
761. |
Termination of
detention
|
|
Part 2 Seizure of goods |
762. |
Power to seize
goods
|
763. |
Notice of
seizure
|
764. |
Termination of
seizure
|
765. |
Termination of
seizure on application by owner of goods
|
|
Part 3 Confiscation of goods |
766. |
Confiscation
of goods
|
767. |
Withdrawal of
confiscation
|
768. |
Withdrawal of
confiscation on application by previous owner
|
769. |
Disposal of
confiscated goods
|
|
Part 4 General |
770. |
Rules to
facilitate implementation of this Chapter
|
771. |
Offences in
terms of this Chapter
|
|
CHAPTER 35.
PROHIBITED, RESTRICTED AND SECTORALLY CONTROLLED GOODS
|
772. |
Definition |
773. |
Purpose and
application of this Chapter
|
|
Part 1 Prohibited goods
|
774. |
Prohibited
goods
|
775. |
Clearance of
prohibited goods
|
776. |
Detention of
prohibited goods |
777. |
Certain
prohibited goods excluded from detention
|
778. |
Notice of
detention
|
779. |
Place where
detained goods may be kept
|
780. |
Termination of
detention |
781. |
Disposal of
detained prohibited goods
|
782. |
Disposal of
prohibited goods by customs authority
|
|
Part 2 Restricted goods
|
783. |
Restricted
goods
|
784. |
Clearance of
restricted goods |
785. |
Detention of
restricted goods
|
786. |
Certain
restricted goods excluded from detention
|
787. |
Notice of
detention
|
788. |
Place where
detained goods may be kept
|
789. |
Termination of
detention
|
790. |
Disposal of
detained restricted goods
|
791. |
Disposal of
restricted goods by customs authority
|
|
Part 3 Sectorally controlled
goods |
792. |
Sectorally
controlled goods
|
793. |
Clearance of
sectorally controlled goods
|
794. |
Detention of
sectorally controlled goods
|
795. |
Certain
sectorally controlled goods excluded from detention
|
796. |
Notice of
detention |
797. |
Place where
detained goods may be kept
|
798. |
Termination of
detention
|
799. |
Disposal of
detained sectorally controlled goods
|
|
Part 4 Other matters
|
800. |
Inconsistency
of this Chapter with other legislation prohibiting,
restricting or controlling import, possession or export of goods |
.
SECTION |
TITLE |
801. |
Rules
to facilitate implementation of this Chapter
|
802. |
Offences
in terms of this Chapter
|
|
CHAPTER 36.
COUNTERFEIT |
803. |
Definitions |
804. |
Purpose
and application of this Chapter
|
|
Part 1 Detention of
suspected counterfeit goods when prior application has been granted
|
805. |
Application
for detention of suspected counterfeit goods
|
806. |
Consideration
of applications |
807. |
Detention
of suspected counterfeit goods
|
|
Part 2 Detention of
suspected counterfeit goods in absence of prior approved application
|
808. |
Discovery
of suspected counterfeit goods
|
809. |
Application
for detention of suspected counterfeit goods |
810. |
Consideration
of applications
|
|
Part 3 Procedures for
detained suspected counterfeit goods
|
811. |
Inventory
of detained goods
|
812. |
Furnishing
of personal details of affected parties to right-holders |
813. |
Furnishing
of samples of detained goods to right-holders
|
814. |
Burden
on right-holders to protect their rights
|
815. |
Removal
of detained goods to counterfeit goods depots
|
816. |
Court
applications by right-holders |
817. |
Finding
by court that detained goods are counterfeit goods
|
818. |
Finding
by court that detained goods are not counterfeit goods
|
819. |
Discharge
of goods from counterfeit goods depots
|
|
Part 4 General provisions |
820. |
Court
applications by affected parties
|
821. |
Seizure
of detained goods in terms of Counterfeit Goods Act
|
822. |
Rules
to facilitate implementation of this Chapter
|
823. |
Offences
in terms of this Chapter
|
|
CHAPTER 37.
RECONSIDERATION OF DECISIONS AND DISPUTE RESOLUTION
|
|
Part 1 General provisions |
824. |
Definitions
|
825. |
Purpose
and application of this Chapter
|
826. |
Proceedings
for internal reconsideration of decisions
|
827. |
Proceedings
for dispute resolution
|
828. |
Proceedings
to be instituted either personally or through duly authorised
representatives
|
829. |
Reasons
for decisions |
830. |
Payment
of amounts owed to Commissioner not affected by section 826 or 827
proceedings
|
|
Part 2 Reconsideration of
decisions on customs initiative
|
831. |
Purpose
of this Part
|
832. |
Reconsideration
of own decisions
|
833. |
Reconsideration
of decisions by Commissioner
|
834. |
Reconsideration
of decisions by supervisors
|
835. |
When
decisions may or may not be reconsidered
|
836. |
Effective
date for alteration or repeal of decisions |
837. |
Reconsideration
of decisions on request of aggrieved persons
|
|
Part 3 Administrative appeals
|
838. |
Purpose
of this Part
|
839. |
Appeal
against decisions
|
840. |
When
appeals may not be lodged |
841. |
How
and when to appeal
|
842. |
Time
within which appeals must be decided
|
843. |
Appeal
committees
|
844. |
Lapsing
of appeals
|
845. |
Rules to
facilitate implementation of this Part
|
|
Part 4 Alternative dispute
resolution |
846. |
Purpose of
this Part
|
847. |
Application
for alternative dispute resolution
|
848. |
Consideration
of applications
|
849. |
Alternative
dispute resolution on initiative by Commissioner
|
850. |
Alternative
dispute resolution procedures
|
|
Part 5 Settlement of disputes |
851. |
Purpose of
this Part
|
852. |
Basic
principle governing this Part
|
853. |
Circumstances
when inappropriate to settle |
854. |
Circumstances
when appropriate to settle
|
855. |
Who may settle
disputes
|
856. |
Formal
requirements for settlement
|
857. |
Settlement
conditional upon disclosure of facts |
858. |
Non-compliance
|
859. |
Confidentiality
|
860. |
Record keeping
and reporting
|
|
Part 6 Miscellaneous |
861. |
Exclusion of
certain days when determining time periods for purposes of this Chapter
|
862. |
Competency of
Ombud to review and address complaints relating to customs matters
|
|
CHAPTER 38.
VOLUNTARY DISCLOSURE RELIEF |
863. |
Definitions
|
864. |
Purpose of
this Chapter
|
865. |
Application
for voluntary disclosure relief |
866. |
Requirements
for voluntary disclosure relief
|
867. |
Procedure
following receipt of voluntary disclosure application
|
868. |
Granting of
applications
|
869. |
Refusal to
grant application |
870. |
Withdrawal of
voluntary disclosure relief
|
871. |
Reporting
|
872. |
Anonymous
voluntary disclosures
|
873. |
Rules to
facilitate implementation of this Chapter
|
|
CHAPTER 39.
ADMINISTRATIVE PENALTIES |
874. |
Types of
administrative penalties
|
|
Part 1 Administrative
penalties for breaches of this Act |
875. |
Punishment for
breaches of this Act
|
876. |
Fixed amount
penalties
|
877. |
Procedure for
imposing fixed amount penalties |
878. |
Prosecution
avoidance penalties
|
879. |
Procedure for
imposing prosecution avoidance penalties
|
880. |
Effect of
detention, seizure or confiscation of goods on application of this Part
|
|
Part 2 Other administrative
penalties
|
881. |
Termination of
seizure and withdrawal of confiscation penalties |
882. |
Missing goods
penalties for goods to be confiscated
|
|
Part 3 General matters
|
883. |
Applicability
of Chapter 37 proceedings
|
884. |
Rules to
facilitate implementation of this Chapter |
885. |
Offences in
terms of this Chapter
|
|
CHAPTER 40.
JUDICIAL MATTERS
|
|
Part 1 Offences and penalties
|
886. |
Categories of
offences in terms of this Act |
887. |
General
Category 1 offences
|
888. |
General
Category 2 offences
|
889. |
Offences
committed at places of entry or exit outside Republic |
890. |
Penalties for
Category 1 offences
|
891. |
Additional
punitive powers of courts in criminal proceedings
|
892. |
Penalties for
Category 2 offences
|
893. |
Liability of
registered agents and of persons managing juristic entity
|
894. |
Liability of
ordinary employees of juristic entity
|
|
Part 2 Other judicial matters |
895. |
Civil action
arising from this Act and special procedures for debt collection
through civil processes
|
896. |
Advance notice
of judicial proceedings against Minister, Commissioner,
customs authority, customs officers, SARS officials or State
|
897. |
Limitation of
period for institution of judicial proceedings against
Minister, Commissioner, SARS, customs authority, customs officers, SARS
officials or State
|
898. |
Admissibility
of certain certificates and statements in documents
|
899. |
Jurisdiction
of magistrate’s court |
900. |
Formal
inquiries
|
.
SECTION |
TITLE |
901. |
Publication
of names of offenders
|
|
CHAPTER
41. MISCELLANEOUS
MATTERS
|
|
Part
1 Regulations, rules and guidelines
|
902. |
Regulations |
903. |
Rules |
904. |
Consultative
processes before promulgation of rules
|
905. |
Guidelines
|
906. |
Manner
of promulgation of rules
|
907. |
Departure
from, and condonation of non-compliance with, rules, conditions and
requirements
|
|
Part
2 Cross-cutting provisions |
908. |
Extension
of timeframes or periods and postponement of dates
|
909. |
Shortening
of minimum timeframes or periods
|
910. |
Sworn
or solemn declarations
|
911. |
Timeframes
for compliance with requests by customs authority
|
912. |
Methods
of conveying or sending decisions and documents
|
913. |
Electronic
submission of documents or communications
|
914. |
Burden
of proof in relation to documents or communications |
915. |
Documents
transmitted or submitted and oaths and affirmations made outside
Republic
|
916. |
Factors
to be taken into account when considering exemptions,
authorisations, permissions, approvals, recognitions and other special
dispensations
|
917. |
When
tax matters must be considered to be in order
|
918. |
Exemptions,
authorisations, permissions, approvals, recognitions and directions
|
919. |
Record
keeping systems |
920. |
Submission
of documents through representatives
|
921. |
Publication
of international agreements to which Republic is party
|
922. |
Import
and export statistics
|
923. |
Liability
for damage, loss or expenses
|
924. |
Legal
status of footnotes
|
925. |
Interpretive
notes
|
|
Part
3 Transitional provisions |
926. |
Interpretation
of this Part
|
927. |
Application
of this Act, Customs Duty Act and Excise Duty Act as from effective date
|
928. |
Continuation
of measures under existing 1964 Act for purposes of this Act, Customs
Duty Act and Excise Duty Act
|
929. |
Continued
application of 1964 Act on and after effective date in relation to
certain goods and persons
|
930. |
Continuation
of measures under 1964 Act for purposes of goods and persons referred
to in section 929(1) |
931. |
Continuation
of existing customs registrations
|
932. |
Continuation
of existing excise registrations
|
933. |
Continuation
of existing customs licences
|
934. |
Continuation
of existing excise licences
|
935. |
Continuation
of accredited status granted before effective date in terms of 1964 Act |
935A. |
Special arrangement in relation
to deferments of tax granted or allowed in terms of 1964 Act [...inserted by Act
2017_013_075_20171218] |
936. |
Continuation
of approvals granted before effective date in terms of
1964 Act to right-holders for customs protection against counterfeit
goods
|
937. |
Continuation
of security given before effective date in terms of 1964 Act
|
938. |
Administrative
and judicial proceedings
|
939. |
Investigations |
940. |
Continuation
of certain international agreements
|
941. |
References
in legislation to Customs and Excise Act, 1964
|
942. |
Rules
to facilitate transition and to address unforeseen or unintended
consequences, anomalies or incongruities
|
942A. |
Exercise of certain powers
before effective date [...inserted by Act
2017_013_076_20171218] |
943. |
Commencement
of Chapters 22 and 38
|
944. |
Short
title and commencement |
|
FOOTNOTES |
Legislation
Text Access Point
Versions
[To
check whether a
version has commenced, and how it was commenced, please see the
Timeline for the Act, and the Annotated Text for the version.] |
Access
Official Gazette PDF |
Request
Subscription Fee |
Subscriber
Access |
As
unamended Act 2014_031_000_20140723 |
EXT.LINK (LB full copy on request) |
REQ.INFO |
LINK |
As
amended by Act 2014_044_000_20150120 . |
N/A |
REQ.INFO |
LINK |
As amended
by Act 2015_023_000_20160108 .
|
N/A |
REQ.INFO |
LINK |
As amended
by Act 2016_016_000_20170119 .
|
N/A |
REQ.INFO |
LINK |
As amended
by Act 2017_013_000_20171218 . |
N/A |
REQ.INFO |
LINK |
As
amended by Act 2018_022_000_20190117 . |
N/A |
REQ.INFO |
LINK |
As amended
by ... |
N/A |
REQ.INFO |
LINK |
*
LegalB refers to a "version" of an Act or its sections in the
format "YYYY_NNN_SSS_YYYYMMDD",
which
refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE",
and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face
of the Gazette in which either the Act was
originally published or in which the amending,
lapsing or repealing instrument was published. Where any segment of the
reference string contains only zeros, it means that information is not
relevant, not made available, or unavailable.
* Unbolded
grey text in square brackets is additional information
provided by LegalB.
* "..."
indicates further information not provided by LegalB for
purpose of brevity
*
An Asterisk indicates uncertainty regarding information, and a double
asterisk indicates information must be read in the light of our
relevant Commentary.
|
|