dedc.gov.aededc.gov.ae/StudiesAndResearchDocument/MTR-TR-023... · Export Initiatives & Partnerships Division, Phone: +9714‐4455333; Fax: +9714‐4455355 E‐mail: [email protected];

ExportInitiatives&PartnershipsDivision,Phone:+9714‐4455333;Fax:+9714‐4455355

E‐mail:[email protected];Web:www.dedc.gov.aePOBox123336,Dubai–UAE

Primary Information Sources: Prepared – May, 2018

Disclaimer: While all attempts have been made to collect & present accurate information, DE makes no warranty, express or implied, as to the fitness, appropriateness of the above information for a particular purpose, or assumes any legal liability for the accuracy or usefulness of any contained information. All 3rd. party information sourced are either through subscriptions of the organization or information freely available on the internet, with no DE claims to such information, as its own.

PROHIBITED, RESTRICTED IMPORTS & COUNTERFEIT POLICY: SOUTH AFRICA TECHNICAL REPORT EIP/MTR‐TR/023/05/2018

South Africa - Import Requirements and Documentation The South African Revenue Service (SARS) defines approximately 90,000 product tariff codes that are strictly

enforced on all imports. New-to-Market U.S. exporters are actively encouraged to engage the services of a

reputable freight forwarding/customs clearance agent well versed in South African convention. Customs South

Africa (Customs SA), a division of SARS, requires that an importer register with its office and obtain an

importer’s code from SARS. This impacts many importers and may cause delays to clearance of goods. SARS

uses a Single Administrative Document (SAD) to facilitate the customs clearance of goods for importers,

exporters and cross-border traders. The SAD is a multi-purpose goods declaration form covering imports,

exports, cross border and transit movements. The following is required for shipments to South Africa:

For customs purposes in South Africa, one negotiable and two non-negotiable copies of the Bill of Lading

are required. The Bill of Lading may be made out either "straight" or "to order".

A Declaration of Origin Form, DA59, is to be used in cases where a rate of duty lower than the general rate

is claimed as well as for goods subject to antidumping or countervailing duty. DA59 is a prescribed form

with stipulated format, size and content. This form does not require Chamber of Commerce certification.

One original signed copy of the form must be attached to the original commercial invoice covering goods,

which require such a declaration.

Four copies and one original Commercial Invoice are required. Suppliers must give, in their invoices, all

data necessary for the importer to make a valid entry and for the South African Customs to determine

value for duty purposes.

Invoices from suppliers will not be accepted as satisfying the requirements of the customs regulations

unless they state, in addition to any proprietary or trade name of the goods, a full description of their

nature and characteristics together with such particulars as are required to assess the import duty and to

compile statistics.

One copy of the insurance certificate is required for sea freight. Follow the importer's and/or insurance

company's instructions in other matters.

Three copies of the Packing List are required. Data contained in this document should agree with that in

other documents.

Zero-value invoices are not accepted by South African customs authorities; the correct value must be stated of

the shipment in question. Import licenses are required for restricted items. Importers must possess an import

permit prior to the date of shipment. Failure to produce a required permit could result in the imposition of

penalties. The permit is only valid in respect of the goods of the class and country specified. It is non-transferable

and may only be used by the person to whom it was issued. Import permits are valid only for the calendar year

in which they are issued. Import permits required for specific categories of restricted goods are obtainable from

the Director of Import and Export Control at the Department of Trade and Industry (http://www.itac.org.za/).

These categories have been reduced, but still must be obtained for most used / second-hand items.

Source: https://www.export.gov/article?id=South-Africa-import-requirements-and-documentation (Prepared by various U.S. Embassies. With its network of 108 offices across the USA and in more than 75 countries, the U.S. Commercial Service of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide.).

Rules of Origin

Rules of origin are the criteria that are used to define where a product was made. They are an essential part of

international trade rules because of policies that “discriminate” between exporting countries. The origin of a

product is used to determine the import duty payable and whether it is subject to an antidumping or

countervailing duty. It is also used for the compilation of trade statistics and for “Made in …” Labels. In other

words, the origin of a product is important because it will determine how it is treated at the border of an

importing country and the origin may impact on the import duty payable and admissibility into the country. In

addition, rules of origin may also determine whether goods are entitled to the payment of less or no Import

duties. For this reason, there is a distinction between non-preferential and preferential rules of origin.

The non-preferential rules are applied for “Most-favoured Nation” (MFN) trade purposes (i.e. where goods are

subject to the general rates of duty) and the preferential rules of origin are applied in the case of Free Trade

Agreements and other preferential duty schemes (e.g. agreements where countries have agreed to eliminate or

reduce import duties on goods produced in each other’s territories). South Africa has signed a number of trade

agreements with its trading partners in the past few years, including the TDCA, SADC, EFTA, SADC EPA and

SACU MERCUSOR trade agreements. More information on these and other trade agreements can be found

under Trade Agreements and Schedule 10. Apart from trade agreements, South Africa also benefits from other

international instruments or agreements, such as the African Growth and Opportunity Act (AGOA) and the

different Generalized Systems of Preferences (GSPs), of which you will find more information under Other

International Agreements.For additional information, email [email protected].

Prohibited, Restricted & Counterfeit Goods

The main difference between prohibitions and restrictions is that -

prohibited goods are never allowed to enter or exit South Africa under any circumstances

restricted goods are allowed to enter or exit South Africa only in certain circumstances or under

certain conditions, for example on production of a permit, certificate or letter of authority from the

relevant government department, institution or body.

SARS administers certain prohibitions or restrictions in terms of section 113(8)(a) of the Customs and Excise

Act, 1964 on behalf of a number of government departments, institutions or bodies, for example the Department

of Agriculture, Forestry and Fisheries, National Regulator for Compulsory Specifications (NRCS), the South

African Reserve Bank (SARB), to name a few. Prohibitions and restrictions are not limited to goods carried by

travellers, but are applicable on all modalities of transport (road, rail, air, sea, post or other). This means that

products subject to any prohibitions or restrictions will be subject to those no matter in what form of package

or packaging they are imported or exported. In addition to the prohibited and restrictions, the status of the goods

must also be declared as follows: N for new goods; U for used goods; and S must be used for second hand goods.

The prohibitions and restrictions from all different government departments, institutions or bodies are

incorporated in the Consolidated Lists of Prohibited and Restricted Imports and Exports. A detailed list is

available with Dubai Exports, for reference by DE Members and is categorised according to the tariff structure

of the Harmonised Commodity Coding and Description System – commonly known as the HS Tariff or Tariff

Book whereby goods are classified upon importation or exportation:

See also SARS Import Manual http://www.sars.gov.za/AllDocs/OpsDocs/Manuals/SC-CF-04%20-%20Completion%20of%20declarations%20-%20External%20Manual.pdf

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SARS Home > Client Segments > Customs and Excise > Travellers > Prohibited and Restricted goods

PROHIBITED, RESTRICTED AND COUNTERFEIT GOODSThe main difference between prohibitions and restrictions is that -

prohibited goods are never allowed to enter or exit South Africa under any circumstancesrestricted goods are allowed to enter or exit South Africa only in certain circumstances or under certain conditions, for example onproduction of a permit, certificate or letter of authority from the relevant government department, institution or body.

SARS administers certain prohibitions or restrictions in terms of section 113(8)(a) of the Customs and Excise Act, 1964 on behalf of anumber of government departments, institutions or bodies, for example the Department of Agriculture, Forestry and Fisheries, NationalRegulator for Compulsory Specifications (NRCS), the South African Reserve Bank (SARB), to name a few.

Prohibitions and restrictions are not limited to goods carried by travellers, but are applicable on all modalities of transport (road, rail, air, sea,post or other). This means that products subject to any prohibitions or restrictions will be subject to those no matter in what form of packageor packaging they are imported or exported.

In addition to the prohibited and restrictions, the status of the goods must also be declared as follows:

N for new goods;U for used goods; andS must be used for second hand goods.

The prohibitions and restrictions from all different government departments, institutions or bodies are incorporated in the Consolidated Listsof Prohibited and Restricted Imports and Exports, which are supplied here for ease of reference.

The list is categorised according to the tariff structure of the Harmonised Commodity Coding and Description System – commonly known asthe HS Tariff or Tariff Book whereby goods are classified upon importation or exportation:

Consolidated list of Prohibited and Restricted Exports and Imports

Examples of prohibited goods are including but not limited to:

Narcotic and habit-forming drugs in any formFully automatic, military and unnumbered weapons, explosives and fireworksPoison and other toxic substancesCigarettes with a mass of more than 2kg per 1000Goods to which a trade description or trademark is applied in contravention of any Act (for example, counterfeit goods – see below)Unlawful reproductions of any works subject to copyrightPrison-made and penitentiary-made goods

Examples of restricted goods are including but not limited to:

Currency: South African bank notes in excess of R25 000, gold coins, coin and stamp collections and unprocessed gold.Endangered plants and animals: Species of plants or animals that are listed as endangered, whether they are alive or dead. Therestriction includes any parts of or articles made from them.Food, plants, animals and biological goods: All plants and plant products, such as seeds, flowers, fruit, honey, margarine andvegetable oils. All animals, birds, poultry and products thereof, for example, dairy products, butter and eggs.Medicines: Travellers are allowed to bring in no more than three months’ supply of pharmaceutical drugs and medicines for theirpersonal use. All other pharmaceutical drugs and medicines have to be declared and have to be accompanied by a letter or certifiedprescription from a registered physician.

Note:If you are in any doubt whether any goods that you intend to bring into South Africa are prohibited or restricted, please consult theConsolidated list of Prohibited and Restricted Exports and Imports or contact your nearest South African Embassy/High Commission abroador the nearest Customs office in South Africa.

Counterfeit goods

One of the main purposes of the Counterfeit Goods Act, 1997 (Act No. 37 of 1997) is to prevent the release of counterfeit goods into thelocal market of South Africa.

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SARS officials may, in terms of section 113A of the Customs and Excise Act, 1964, detain any goods upon importation into South Africa toascertain whether the goods are indeed counterfeit goods as contemplated in the Counterfeit Goods Act, 1997. These actions are carried outon behalf of the Department of Trade and Industry under whose authority the Counterfeit Goods Act, 1997 is administered (as provided for insection 15(1) of the Counterfeit Goods Act, 1997). The following actions or goods are prohibited and will be included in ascertaining whether actions/goods are complying with the requirementscontemplated in the Counterfeit Goods Act, 1997 or not:

Being in possession of or having control over counterfeit goods for the purpose of dealing therein;Manufacturing, producing or making of counterfeit goods, including the keeping, storing or packing thereof, other than for private anddomestic use;Counterfeit goods being exposed for sale or being sold, hired out, bartered or exchanged;Counterfeit goods being exhibited in public for purposes of trade;Counterfeit goods being distributed for trade or other purposes;Counterfeit goods being imported into or through or exported from South Africa; orThe act of dealing in counterfeit or suspected counterfeit goods.

Section 15(1) of the Counterfeit Goods Act, 1997 entitles an owner of intellectual property to apply to the SARS Commissioner to seize anddetain goods incorporating specific intellectual property rights during a particular period and calculate the infringement that might exist interms thereof, or assist with the protection of that right for that period. This application is referred to as a Section 15 Application and must beforwarded to the National Coordinator: Counterfeit Goods, Lehae La SARS, 299 Bronkhorst Street, Nieuw Muckleneuk, Pretoria, or PrivateBag X923, Pretoria, 0001 for consideration. Intellectual property rights are defined in section 1 of the Counterfeit Goods Act, 1997 and include goods containing trademarks, copyright orspecific marks regulated under the Trade Marks Act, 1993, the Copyright Act, 1978 or the Merchandise Marks Act, 1941, respectively.

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EFFECTIVE DATE 6 April 2010

External Policy – Counterfeit Goods SC-CC-28

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CUSTOMS AND BORDER MANAGEMENT

EXTERNAL POLICY

COUNTERFEIT GOODS




TABLE OF CONTENTS 1 SCOPE 3 2 POLICY STATEMENT 3 2.1 Counterfeit Goods Act 3 2.2 Customs And Excise Act 4 2.3 Authority 2.4 Role Of Customs 5 2.5 Area Of Operation 5 2.6 Acts Which Constitute Counterfeiting 5 2.7 Equipment Used In The Production Of Counterfeit Goods 2.8 Proof Of IPR 5 2.9 Indemnity 6 2.10 Removal In Bond / Transit 6 2.11 Period Of Protection 7 2.12 Times And Time Lines That Must Be Adhered To 7 2.13 Payment And Refunds Of Duty 7 3 REFERENCES 8 3.1 Legislation 8 3.2 Cross References 8 4 DEFINITIONS AND ACRONYMS 8 5 DOCUMENT MANAGEMENT 8




1 SCOPE a) This document applies to applications by Intellectual Property Right Holders (IPR Holders) to the

Commissioner to seize and detain goods that are counterfeit or suspected to be counterfeit and to target specific consignments being imported and / or exported (including goods in transit. transshipments or goods under Customs control).

b) It applies to the approval and registration of such applications and the dissemination of the information

to Branch Offices to detain, seize and dispose of such goods. 2 POLICY STATEMENT 2.1 Counterfeit Goods Act a) The Counterfeit Goods Act 37 of 1997 (CGA) was assented to on 19 September 1997 and the date of

commencement thereof is 1 January 1998. b) A summary of certain provisions alluded to hereunder is intended to provide the reader with a broad

overview of the CGA from a Customs perspective. For the purpose of applying the provisions the relevant Sections in the CGA must be read in full.

i) The preamble of the CGA states that the purpose of the Act is to introduce measures against

the trade in counterfeit goods and to protect owners of trademarks, copyright and certain marks under the Merchandise Marks At, 1941 (MMA).

ii) Section 2(1) provides for acts which are considered to be in contravention of the CGA. iii) Section 3(4) provides for an inspector to take appropriate steps in terms of Section 4(1) on own

initiative provided the requirements of that Section are met. iv) Section 4(1) gives an inspector the power in accordance with a warrant issued in pursuance of a

complaint or other information, and on grounds of suspicion, to enter any place and seize and detain such stipulated goods, collect evidence related thereto, to conduct a search of such a place / person and take the steps necessary to terminate the act of dealing in counterfeit goods.

v) Section 5(1) provides for the actions that may be taken by an inspector when acting in accordance with a search warrant.

vi) Section 5(2) provides for an inspector to perform the actions contemplated in Section 5(1) without a search warrant in certain circumstance

vii) Section 5(4) requires that any act performed by an inspector in terms of Section 5 (2) must be confirmed by a Magistrate or Judge of the High Court within ten (10) court days of the date on which the acts were performed. The Section also provide that if an Officer acted without a search warrant and his actions are not confirmed by a Judge of Magistrate he must return all seized goods and make goods any damages caused.

viii) Section 6 provides for the issue of a warrant in chambers by a judge of the High Court or a Magistrate in the Magistrate Court, the circumstance under which it will be issued, the content thereof and circumstances / conditions under which it may be executed.

ix) Section 7(1) regulates the duties of an inspector following the seizure of goods. x) Section 7(2) stipulates the requirements that must be included in the notification issued in terms

of Section 7(1). xi) Section 8(1) requires seized goods to be stored in a CGD. xii) Section 9(1) requires that the complainant lay a criminal charge or institute civil proceedings.

The notice for such criminal or civil proceedings is set out in this section. Failure to give notice and institute such proceedings in the prescribed time periods will result in the release of the seized goods.

xiii) Section 10 provides for other orders that a court may issue relating to counterfeit goods. c) Provisions pertaining to actions by Customs

i) Section 15 provides for powers to the Customs Authority in relation to counterfeit goods imported into South Africa.




ii) Section 15(1) provides for the owner of an intellectual property right (IPR) to apply to the Commissioner to seize and detain all goods that are suspected to be counterfeit (stipulated goods) and which are imported during the period specified in the application.

iii) Section 15(2) provides for an applicant to furnish the Commissioner with specimens of the protected goods, sufficient information and particulars as to the subsistence and extent of the IPR and the title to that right.

iv) Section 15(3) provides for the Commissioner to approve of such applications if satisfied that the goods are prima facie protected goods, that the right prima facie subsist and that the applicant is prima facie the owner of the IPR.

v) Section 15(4) provides for Customs to seize and detain counterfeit or suspected counterfeit goods in performing their functions under the Act, subject to the provisions of Sections 15 (6) and (7) of the CGA.

vi) Section 15(5) provides for the Commissioner to notify the applicant in writing of the approval of the application and the period for which the provisions of Section 15(4) will be applied, or if refused, give the reasons the refusal.

vii) Section 15(6) stipulates that that any member of the Customs Authority will act as if an inspector exercising the powers contemplated in Section 4(1) on own initiative in terms of Section 3(4). Section 15(6) in addition provide for the Minister of Trade and Industry to exempt members of the Customs authority by notice in the Gazette, from the provisions of Section 15(6) provided suitable and appropriate arrangements are made by or under the Act.

viii) Section 15(7) provides for the owner of the IPR to furnish the Commissioner with an indemnity against claims arising from the seizure or detention of goods in terms of this Section and to cover expenses incurred in effecting the seizure or detention.

ix) Section 15(8) provides that the Customs Authority cannot be held liable in the event of failure to detect, inadvertent release or action taken in good faith in respect of stipulated goods.

x) Section 15(9) clarifies the term Customs Authority to be the Division Customs and Excise in the South African Revenue Service, comprising the Commissioner and Officers as defined in Section 1.

2.2 Customs And Excise Act a) Section 18(1A) provides that goods in transit through South Africa are included in the definition of

imported goods. b) Section 43(5) (a) excludes the disposal of goods detained under Section 113A for the purposes of the

CGA from the provisions of that Section. c) Section 43(6) provides for the disposal of goods seized and detained under the CGA where the

importer is not known, or cannot despite reasonable efforts be located and where no proceedings are instituted or where no instruction for the release of the goods is received.

d) Section 88(1)(a) provides for the detention of goods for the purposes of the Act. e) Section 89(4) provides for goods seized for the purposes of the Act to be condemned and forfeited in

certain circumstances. f) Section 90 provides for the disposal of goods seized for the purposes of the Act. g) Section 113A(1) provided for officers to detain and / or seize goods for the purpose of the CGA. h) Section 113A(2) provides for a Customs Officer to refuse a request for detention if it is not in

compliance with the CGA and where the Commissioner has not been indemnified. i) Section 113A(3) provides that goods seized or detained under the CGA may not be stored in the State

Warehouse. j) Section 113A(4) exempts the Commissioner from any claim resulting from a bona fide action of an

Officer.




k) Section 113A(5) provides for the Commissioner to make rules for procedures to be followed by Officers, the forms that may be required to be completed and any other matter for the purpose of administering the provisions of this Section.

2.3 Role Of Customs a) Sections 15, read with the other relevant Sections of the CGA refer to therein, provide for the actions

and assistance that will be provided by Customs to IPR Holders. b) It is required of IPR Holders to apply to the Commissioner to assist with the protection of their

intellectual property on goods imported, exported or removed in transit. IPR Holders may appoint representatives to act on their behalf, in which case a letter of appointment / authority would be required together with all other relevant documents that need to accompany the application. Once approved, all particulars will be inserted on the Section 15 Registration Database on the intranet on the path Functions, Operations, Customs, Customs Links to which all SARS personnel have access. The database is only for internal use.

2.4 Area Of Operation a) Subject to the provisions of Sections (6) and (7) of Section 15 of the CGA the Customs Authority is

empowered to seize and detain counterfeit or suspected counterfeit goods whilst performing their duties under the Act. This in effect limits the area of operation of the Customs Authority to the time of importation / exportation / removal in transit and on goods that are under Customs Control in a Customs and Excise Warehouse.

b) It is the intention of the CGA to distinguish between the area of operation for the different role players,

i.e. DTI inspectors, other Law Enforcement Agencies (SAPS) and Customs Officers. It is for this reason that Section 15(4) of the CGA refers to "in performing their functions under the Act". However, should Customs Officers become aware of or detect any suspected counterfeit goods outside of this area they may detain such goods and inform an inspector of the DTI thereof.

c) In order for Customs Officers to perform the functions of an inspector in any other manner under the

CGA they must be appointed or designated in terms of Section 22 thereof. 2.5 Acts Which Constitute Counterfeiting a) The following acts constitute a contravention in terms of Section 2 of the CGA –

i) Being in possession of or having control over counterfeit goods for the purpose of dealing therein;

ii) Manufacturing, producing or making of counterfeit goods, including the keeping, storing or packing thereof, other than for private and domestic use;

iii) Counterfeit goods being exposed for sale or being sold, hired out, bartered or exchanged; iv) Counterfeit goods being exhibited in public for purposes of trade; v) Counterfeit goods being distributed for trade or other purposes; vi) Counterfeit goods being imported into or through or exported from South Africa; or vii) The act of dealing in counterfeit or suspected counterfeit goods.

b) Customs Officers will in the main encounter suspected counterfeit goods in the possession of persons

or over which persons have control at the time goods being of imported and exported are examined for Customs purposes.

2.6 Proof Of IPR a) IPR includes copyright in any work, a trade mark or the use of a particular mark. In this regard refer to

Section 1(1)(xi) of the CGA.




b) Copyright

i) The responsibility for the administration of the Copyright Act No. 98 of 1978 (CRA), is vested with the Companies and Intellectual Property Registration Office (CIPRO) in the Department of Trade and Industry. The following information is provided on the CIPRO website regarding the protection provided in the CRA – A) For most works (except for films) it is not possible to apply for copyright protection as it

automatically exists. B) Copyright is created by putting the words “copyright” or “copyright reserved” or “copyright

Smith 2002” (i.e. copyright, followed by name and the year), or the copyright symbol, name and year e.g. © Meati 2002.

C) You can obtain copyright protection in South Africa, if you are South African or if your work was produced in South Africa. If you are not South African, you can obtain copyright protection provided the country you are a national of is part of the Berne Convention. The Berne Convention is an international agreement on copyright by which member countries grant each other copyright protection.

ii) Proof of copyright will therefore be in the form of an affidavit by the owner thereof which shall include a copy of or a reference to the work for which protection is applied for. However, for films, confirmation of registration from the CIPRO must be submitted.

c) Trade marks

i) The responsibility for the administration of the Merchandise Marks Act No. 17 of 1941 (MMA), and the Trade Marks Act No. 194 of 1993, are vested with the Companies and Intellectual Property Registration Office (CIPRO) in the Department of Trade and Industry.

ii) Proof of registration of trademarks with CIPRO, in the name of the applicant, which must still valid, must be included in the Section 15 application to the Commissioner. An affidavit must be provided for those trademarks that are indicated as well-known.

d) Notice - The Minister of Trade and Industry may by notice in a Government Gazette in terms of

Section 15 of the MMA prohibit or limit the use of the national flag. e) The identification of counterfeit goods must in all instances be left to the IPR holders or their appointed

representatives. f) Under no circumstances may Customs officers confirm goods to be counterfeit. g) Should there be any dispute regarding whether the goods are counterfeit or not, this will be settled

either by a court order or a settlement between the parties concerned. 2.7 Indemnity a) The action by Customs to seize and detain goods are subject to the provisions of Sections 15(6) and

(7) of the CGA, i.e. acting on own initiative and having been indemnified by the IPR Holder. b) When performing a seizure and detention, in terms of Section 15 (6) or executing a warrant, Customs

Officers shall act as inspectors in terms of the CGA, exercising the powers provided for in Section 4(1) and on own initiative in terms of Section 3(4).

c) Seizure and detention may only occur where in accordance with Section 15 (7) the IPR Holder has

indemnified the Commissioner against any possible claims pursuant to the seizure or detention of suspected counterfeit goods. The indemnity may be provided in the application form or on a separate document attached thereto. However, the wording thereof must be the same as provided in the application form.

2.8 Removal In Bond / Transit a) Section 2 of the CGA prohibits the movement of counterfeit goods into, from or through the territory of

South Africa. Reference is made to Section 18(1A) which covers goods which are declared for transit.




b) If counterfeit or suspected counterfeit goods are detected and the IPR Holder has applied to the Commissioner in terms of Section 15 of the CGA, Customs are obliged to detain the goods and notify the IPR Holder and the importer. This applies equally to goods which transit our Customs territory as is provided for in Section 2(1) of the CGA. Whether the IPR Holder take action is up to them. However, they would have to inform Customs of their intention in order that the goods can either be seized or released.

c) Examination Of Goods

i) Goods removed in bond or transit may, in line with international standards, be examined for Customs purposes to ensure that the goods entering the territory are the same goods, which leaves the territory. Should it transpire that such goods turn out to be counterfeit or suspected to be counterfeit; it must be detained and / or seized in terms of the Act.

ii) Notices of detention or seizure will be given to the IPR Holder and the importer / agent for the appropriate actions to be taken. The detection of counterfeit goods in such cases are incidental to performing normal Customs duties and will not normally be the sole purpose for examination.

d) Transshipments

i) Goods will in the normal cause of Customs Controls and operations for the purpose of the CGA not be detained, unless specific information is available.

ii) However, should such goods be examined and found to be counterfeit it will be liable to seizure under Section 113A.

e) Through Bills Of Lading

i) Goods manifested on a through bill of lading to another country within or outside SACU may be detained in terms of the Act or seized and detained for the purposes of the CGA.

ii) However, any information coming to light in our investigations will be forwarded to the Customs Administration in the BLNS country of destination.

2.9 Period Of Protection a) The approval notification to an applicant of a Section 15 application will include the time period for

which the approval will be valid. This will be either the date until which the IPR subsist, or two years from the date of approval, whichever is the soonest.

b) Should the IPR Holder wish for Customs to continue to protect the IPR against counterfeit

infringements after this period, a renewal application must be submitted as least one month prior to the expiry of the existing protection period.

2.10 Times And Time Lines That Must Be Adhered To a) When seizure and / or detention notices are issued the times and time lines stipulated by the CGA

must be strictly adhered to. Seizure or detention notices will not have any legal effect if the times and time lines are not adhered to.

2.11 Payment And Refunds Of Duty a) Prior to the release of counterfeit goods from Customs control, all Customs formalities must have been

met, including the payment of all duties and VAT by Importer / Agent. The exception will be where the goods are dealt with in terms of Section 43(7) and (6), i.e. where the importer is not known and no criminal prosecution or civil proceedings is instituted or no instruction is received for the release of the goods as contemplated in Section 9(2) of the CGA. Duties on such goods will not be payable if the goods are disposed of in terms of Section 43(7)(b) read with Section 43(7)(d).

b) Where Customs duties and VAT have been paid on counterfeit goods which are destroyed no refund

thereof will be considered under any circumstances. The reason being that the contravention occurred in terms of the CGA. Duties and VAT have been paid correctly in terms of the Act and Section 76(2) does not provide for a refund thereof in the circumstances.




3 REFERENCES 3.1 Legislation TYPE OF REFERENCE REFERENCE

Legislation and Rules administered by SARS:

Customs and Excise Act No. 91 of 1964: Sections 18(1A), 43, 88(1)(a), 90 and 113A

Other Legislation: Counterfeit Goods Act No. 37 of 1997: Sections 1, 2, 4, 5, 8, 9 and 15 International Instruments:

Agreement on Trade Related aspects of Intellectual Property rights (TRIPS Agreement) f 1994)

3.2 Cross References DOCUMENT # DOCUMENT TITLE APPLICABILITY

SC-CC-28-S1 External Standard Operating Procedure - Counterfeit Goods All SC-CC-01-A1 Application by owner of an intellectual property right for the detention

and / or seizure of counterfeit goods All

SC-CC-01-A2 Request by IPR Holder to detain and / or seize specific counterfeit goods in the process of being imported

All

4 DEFINITIONS AND ACRONYMS IPR Holder Intellectual Property Right Holder 5 DOCUMENT MANAGEMENT Designation Name / Division Business Owner: Chief Officer: Customs and Border Management Policy Owner: Group Executive: Customs Strategy and Policy Author: C C van Rensburg Detail of change from previous revision:

Initial release

Template number and revision SC-POL-TM-02 - Rev 10

Effective 31 October 2016

CUSTOMS

EXTERNAL STANDARD

PROHIBITED AND RESTRICTED GOODS


Prohibited and Restricted Goods – External Standard SC-CC-32


TABLE OF CONTENTS 1 SUMMARY OF MAIN POINTS 3 2 STANDARD 3 3 RELATED INFORMATION 5 3.1 Legislation 5 3.2 Cross References 6 3.3 Quality Records 6 4 DEFINITIONS AND ACRONYMS 6 5 DOCUMENT MANAGEMENT 6




1 SUMMARY OF MAIN POINTS a) The importation and exportation of certain goods are subject to controls required by Other

Government Agencies (OGA’s). b) The South African Revenue Service (SARS) is mandated to control prohibited and restricted goods on

behalf of OGA(s). c) The controls are exercised through the following:

i) The status of goods to be declared to indicate whether new, used or second hand; ii) Quota requirements; iii) Permits; iv) Authority; or v) Certificates.

d) The details of the prohibitions or restrictions are contained within the Prohibited and Restricted List

(SC-CC-06-A03), which is published on the SARS website. e) The document is applicable to commercial goods. 2 STANDARD a) The OGA(s) empowers SARS to enforce the controls listed in SC-CC-06-A03 through a request from

the OGA to SARS Stakeholder Management. b) The control takes the form of:

i) An absolute prohibition which means that the cargo is not allowed to be imported or exported in any circumstances;

ii) A restriction where the client must obtain an authority before the importation or exportation of goods; or

iii) Declaring the status of the goods: A) N for new goods; B) U for used goods; and C) S must be used for second hand goods.

c) Prior to import or export of cargo:

i) The client must apply for an authority at the relevant OGA when required in terms of SC-CC-06-A03.

ii) The authority required in terms of SC-CC-06-A03 does not fall away where the import or export is of a temporary nature.

iii) The OGA issues the client with an authority, when all the requirements are complied with as contained within the conditions, for the relevant authority.

iv) The authority is submitted to SARS: A) Electronically on the License and Certificate Module (LCM) interface; B) By the OGA; or C) By the client.

v) Where the authority is submitted manually: A) Verification by the OGA(s) is required directly to SARS. B) The authority is captured on the system. C) The client must produce the authority when requested.

vi) Valid authorities are stored on LCM for the declaration process. d) The Completion of Declarations – External Manual (SC-CF-04) contains requirements relating to New

and Used Indicators (NUI) and Import Permit Control (IPC). e) Clearance of cargo through SARS:

i) The client submits a clearance declaration - refer to SC-CF-55 for the procedures in this regard.




ii) Where supporting documents for the clearance is requested, the authority must also be submitted – see SC-CF-55 for submission of supporting documents.

iii) The client receives a CUSRES message informing him / her of the outcome: A) The cargo is detained for OGA(s). B) A physical inspection is requested by Customs and the client must book for the

examination with the port of entry / exit. iv) Goods for which Customs declarations are rejected will remain un-cleared and must be

removed to the State Warehouse and disposed of in accordance with SC-CW-01-04. f) The valid authority is written-off electronically by LCM for the declared quantities and values as per the

Customs declaration. g) The manual submitted authority is written-off by the OGA(s) or the Customs authority at the port. h) Goods in transit through South Africa do not require an authority. i) Clients can request information regarding the balance of their authorities from Customs Regulatory

Control. j) Record keeping

i) Every client must keep for record purposes for a period of five (5) years: A) Books, accounts and documents in respect of all transactions relating to the Rules for the

purpose of any acquittal procedure; and B) Any data related to such documents created by means of a computer.

ii) The five (5) year period is calculated from the end of the calendar year in which the document was created, lodged or required. (Sections 101 and 101A).

iii) Every client must produce such books, accounts and documents on demand. k) Penalties

i) Failure to adhere to the provisions of the Act, as set out in the document, is considered an offence.

ii) Offences may render the client liable to, as provided for in the Act: A) Monetary penalties - see SC-CO-01-02; or B) Criminal prosecution; or C) Suspension / cancellation of registration / licence / accreditation.

l) Promotion of Administrative Justice Act

i) The Promotion of Administrative Justice Act (PAJA) No. 3 of 2000 gives effect to everyone’s right to administrative action that is lawful, reasonable and procedurally fair. Any person whose rights have been adversely affected by administrative action has the right to be given written reasons, as contemplated in Section 33 of the Constitution of the Republic of South Africa, 1996. PAJA:

A) Provides for the review of administrative action by a court or where appropriate, an

independent and impartial tribunal; B) Imposes a duty on the State to give effect to those rights; C) Promotes an efficient administration as well as good governance; and D) Creates a culture of accountability, openness and transparency in the Public

Administration or in the exercise of a public power or the performance of a public function, by giving effect to the right to just administrative action.

ii) Administrative action which significantly and unfavourably affects the rights or valid expectations

of any person must be procedurally fair. A fair administrative procedure depends on the circumstances of each case.

iii) A person must be given:

A) Written reasons of the nature and purpose of the proposed administrative action; B) A reasonable opportunity to make representations;




C) A clear statement of the administrative action; and D) Adequate notice of any right of review or internal appeal, where applicable.

iv) Before administrative action can be taken by Customs the client must be allowed the

opportunity to:

A) Obtain assistance and, in serious or complex cases, legal representation; B) Present and dispute information and arguments; and C) Appear in person.

v) Clients whose rights have been significantly and unfavourably affected by administrative action

and who have not been given reasons for the action may, within ninety (90) days after the date on which the client became aware of the action, request Customs to furnish written reasons for the action.

vi) Customs must within ninety (90) days after receiving the request, give the client adequate

reasons in writing for the administrative action. If Customs fails to furnish adequate reasons for the administrative action, it is presumed in any proceedings for judicial review that the administrative action was taken without good reason.

m) Appeals Against Decisions

i) In cases where the client are not satisfied with any decision taken in terms of the Customs and Excise Act they have a right of appeal to the relevant appeal committee. The policy in this regard, as well as the process to be followed, is contained in document SC-CC-24.

ii) Should the client be unhappy with a decision of any appeal committee their recourse will be to lodge an application for ADR (Alternative Dispute Resolution) with the relevant appeal committee. The committee will add its comments thereto and forward the application to the ADR Unit for attention. The policy in this regard, as well as the process to be followed is contained in document SC-CC-26.

iii) Should clients wish to appeal any decisions in terms of the VAT penalties, they are directed to the provisions of Sections 215 to 220 of the Tax Administration Act No.28 of 2011 for the percentage-based penalty and Section 224 of the Tax Administration Act No.28 of 2011 for the understatement based penalty. In this regard, please consult the SARS website or nearest SARS Branch Office.

3 RELATED INFORMATION 3.1 Legislation TYPE OF REFERENCE REFERENCE Legislation and Rules administered by SARS:

Customs and Excise Act No. 91 of 1964: Sections 38(1), 39(1)(a), 39(1)(c), 40(3), 43(1), 43(7), 107(2)(a)(i) and 113(1)(b) and (h); (2); (4); (7); (8)(a) - (d) and (9) Customs and Excise Rules: None Value-Added Tax Act No.89 of 1991: Section 13(1) Tax Administration Act No.28 of 2011:Sections 215 to 220 and 224

Other Legislation: Promotion of Administrative Justice Act No. 3 of 2000: Section 3 Counterfeit Goods Act No. 37 of 1997: Section 1 International Trade Administration Act, Act No 71 of 2002: Section 6 Import Control Regulations – Notice No. R. 206 dated 27 February 2009: Regulations (I)(b), (II), (III), (IV) and (VI) National Conventional Arms Control Act No. 41 of 2002: Section 13, 14(1)-(8), 15(a)-(k), (16)(a)-(d) and 17(a)-(f)

International Instruments: Kyoto Convention Specific: General Annex Chapter 3 – Clearance and other Customs formalities, Chapter 6 – Customs control, and Chapter 8 – Relationship between the Customs and third parties WCO SAFE Framework of Standards: Annex 1 Standard 1.2, 1.3, 2.1, 2.2, and 2.3




3.2 Cross References DOCUMENT # DOCUMENT TITLE SC-CC-24 Internal Administrative Appeal – External Policy SC-CC-26 Alternative Dispute Resolution – External Policy SC-CF-04 Completion of declarations - External Manual SC-CF-55 Clearance Declarations – External Standard SC-CO-01-02 Offences and Penalties – External Standard SC-CW-01-04 State Warehouse - External Policy 3.3 Quality Records Number Title SAD 500 Customs Declaration - All authorities 4 DEFINITIONS AND ACRONYMS ADR Alternative Dispute Resolution Authority In the context of the document, refers to permit, certificate, license, quota, letter of

authority or New Used Indicator IPC Import Permit Control LCM License Certificate Module N The abbreviation to indicate new goods applies to all goods which are not indicated

used or second hand Materiel The equipment, apparatus and supplies of a military force. It can apply to weapons,

aircraft, parts, support equipment, ships, and almost any other type of equipment used by the military.

NUI New Used Indicator OGA Other Government Agency Prohibited Goods Goods that are forbidden by law from entering the country Restricted Goods Goods which require permits, certificates or authorisations before a Customs

declaration can be processed S The abbreviation to indicate second hand goods that were or is assumed to have been

used for: a) The purpose it was designed for, excluding use by the manufacturer for testing

and evaluation purposes; or; b) Any other purpose whatsoever, resulting in that such goods reflect signs of use,

ageing, deterioration, modification or alterations that include but are not limited to: i) Damage; ii) Shop soiled; and iii) Outdated products

SSM SARS Service Manager U The abbreviation for any goods or parts thereof that was or assumed to have been

previously owned, possessed, held and / or registered by or in the name(s) of any person or entity, excluding the manufacturer, wholesaler or retailer of the goods concerned.

5 DOCUMENT MANAGEMENT Standard Owner Senior Manager: Governance Compliance: Customs Detail of change from previous revision

Initial Release

Template number and revision

ECS-TM-03 - Rev 8

Heading /Subheading CD Article Description Prohibited or Restricted Authority

Action Required (detain for) Documentary Requirements

Note: 1. Imports into the RSA are authorised through the ports/airports of Cape Town, Port Elizabeth, East London, Durban, ORTIA, Komatipoort, Mafikeng, Goodhouse Namaqualand district). Rietfontien (Gordonia district), Onseepkans, (Kenhardt district) and Nakop (Gordonia district) for large stock by rail or road and for small stock by rail only. Ramathlabama and Liebigs Drift (all stock). There are also a number of ports of entry from Lesotho and Swaziland 2. The following products may only be imported through the ports listed below: Subheadings: 01.01 All subheadings 01.02 All subheadings 01.03 All subheadings 01.04 All subheadings 01.05 All subheadings 01.06 Section A, par. I), ii), iii), iv) and vi) (excluding par. (v) Ports: a. Cape Town (Harbour & Airport) b. Port Elizabeth c. Durban (Harbour & Airport) d. ORTIA

Please refer to Appendices I, II and III of CITES Horses and Wild Asses (Equus africanus – excluding the domesticated form, which is referenced as Equus asinus, which is not subject to the provisions of the Convention)- I (Equus greyvyi, Equus hemionus hemionus, Equus onager khur, Equus przewalskii) – II (Equus hemionus –except the subspecies included in Appendix I) – II (Equus kiang, equus onager – except the subspecies included in Appendix I ) – II Note: At Kopfontein only horses for competitions, cats and dogs; as well as dairy products of less than 10kg and meat of less than 25kg for own consumption

Proc. 148/1914 Proc. 97/1933 Proc. 111/1917 Proc. 107/1916

State Vet.

01.01 Live horses, asses, mules and hinnies: 1. Importation into the RSA is subject to a permit from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits)

2. Introduction into Namibia from the RSA permitted under permit provided accompanied by RSA’s GVO’s.

Certificate affirming that animals are free from diseases and in case of mares and stallions that they have been tested for Domline and Glanders

Animal Diseases Act No. 35/1984

Livestock Improvement Act25/1977 (Sec. 16)

GN R1180/1986

Proc. 28/1920

State Vet Permit from Registrar of Livestock Improvement

Permit from Director: Veterinary Services, PTA, or a person designated by him

Introduction into Namibia from RSA - permit required, provided accompanied by RSA’s GVO’s.

Certificate (State Vet) affirm animals are free from diseases & in case of mares & stallions; they have been tested for Domline and Glanders

0101.2 Horses: 1. Importation into the RSA is subject to a permit from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits)



Animal Diseases Act No. 35/1984 Livestock Improvement Act 25/1977 (Sec. 16) GN R1180/1986 Proc. 28/1920





0101.21 1 Pure-bred breeding animals 1. Importation into the RSA is subject to a permit from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits)








0101.29 2 Other 1. Importation into the RSA is subject to a permit from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits)








0101.30 6 Asses 1. Importation into the RSA is subject to a permit from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits)








CHAPTER 1: LIVE ANIMALS

0101.90 7 Other 1. Importation into the RSA is subject to a permit from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits)








01.02 Live bovine animals: 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / Permit 2. Introduction into Namibia is allowed from the RSA under permit issued by the Director: Agriculture, provided it is accompanied by a certificate issued by the GVO of RSA, affirming the cattle free from infections and contagious diseases, passed tuberculin and contagious abortion tests, originate from clean area and in the case of bulls, must be approved in terms of Cattle Improvement Ordinance 3. Importation into the RSA from Malawi and Zimbabwe is prohibited, except under a permit from the DG: Dept. Agriculture, Marketing Administration, which is issued on the importer’s request Please refer to Appendices I, II and III of CITES Wild Cattle, Yaks, Bisons, Buffaloes Etc. (Bos gaurus {Wild Cattle} –[ excluding the domesticated form, which is referenced as Bos Frontalis, and is not subject to the provisions of the Convention], Bos mutu {Yak} –[ excluding the domesticated form, which is references as Bos grunniens, and is not subject to the provisions of the Convention], Bos sauveli {wild cattle}, Bubalus depressicornias {Water Buffalo}, Bubalus mindorensis {Small Water Buffalo}, Babalus quarlesis – {Mountain Anoa} – I (Bison bison athabascae { Wood Bison}) - II (Bubalus arnee {Asian Water Buffalo} [excluding the domesticated form, which is referenced as Bubalus bubalis] from Nepal)- III


Livestock Improvement Act 25/1977 (Sec.16)

GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920

STATE VETERINARY SERVICES (National Department of Agriculture)

Permit from Registrar of Livestock Improvement

Permit Director: Veterinary Services, PTA

Introduction from RSA to Namibia - Permit issued by Director: Agriculture and Certificate issued by the GVO of RSA

Imports to RSA from Malawi & Zimbabwe - permit from DG: Dept. Agriculture, Marketing Administration (on the request of the importer)

CITES permit required

0102.2 Cattle: 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / Permit 2. Introduction into Namibia is allowed from the RSA under permit issued by the Director: Agriculture, provided it is accompanied by a certificate issued by the GVO of RSA, affirming the cattle free from infections and contagious diseases, passed tuberculin and contagious abortion tests, originate from clean area and in the case of bulls, must be approved in terms of Cattle Improvement Ordinance 3. Importation into the RSA from Malawi and Zimbabwe is prohibited, except under a permit from the DG: Dept. Agriculture, Marketing Administration, which is issued on the importer’s request Please refer to Appendices I, II and III of CITES Wild Cattle, Yaks, Bisons, Buffaloes Etc. (Bos gaurus {Wild Cattle} –[ excluding the domesticated form, which is referenced as Bos Frontalis, and is not subject to the provisions of the Convention], Bos mutu {Yak} –[ excluding the domesticated form, which is references as Bos grunniens, and is not subject to the provisions of the Convention], Bos sauveli {wild cattle}, Bubalus depressicornias {Water Buffalo}, Bubalus mindorensis {Small Water Buffalo}, Babalus quarlesis – {Mountain Anoa} – I (Bison bison athabascae { Wood Bison}) - II (Bubalus arnee {Asian Water Buffalo} [excluding the domesticated form, which is referenced as Bubalus bubalis] from Nepal)- III



GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920







0102.21 5 Pure-bred breeding animals 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / Permit 2. Introduction into Namibia is allowed from the RSA under permit issued by the Director: Agriculture, provided it is accompanied by a certificate issued by the GVO of RSA, affirming the cattle free from infections and contagious diseases, passed tuberculin and contagious abortion tests, originate from clean area and in the case of bulls, must be approved in terms of Cattle Improvement Ordinance 3. Importation into the RSA from Malawi and Zimbabwe is prohibited, except under a permit from the DG: Dept. Agriculture, Marketing Administration, which is issued on the importer’s request Please refer to Appendices I, II and III of CITES Wild Cattle, Yaks, Bisons, Buffaloes Etc. (Bos gaurus {Wild Cattle} –[ excluding the domesticated form, which is referenced as Bos Frontalis, and is not subject to the provisions of the Convention], Bos mutu {Yak} –[ excluding the domesticated form, which is references as Bos grunniens, and is not subject to the provisions of the Convention], Bos sauveli {wild cattle}, Bubalus depressicornias {Water Buffalo}, Bubalus mindorensis {Small Water Buffalo}, Babalus quarlesis – {Mountain Anoa} – I (Bison bison athabascae { Wood Bison}) - II (Bubalus arnee {Asian Water Buffalo} [excluding the domesticated form, which is referenced as Bubalus bubalis] from Nepal)- III



GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920







0102.29 6 Other 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / Permit 2. Introduction into Namibia is allowed from the RSA under permit issued by the Director: Agriculture, provided it is accompanied by a certificate issued by the GVO of RSA, affirming the cattle free from infections and contagious diseases, passed tuberculin and contagious abortion tests, originate from clean area and in the case of bulls, must be approved in terms of Cattle Improvement Ordinance 3. Importation into the RSA from Malawi and Zimbabwe is prohibited, except under a permit from the DG: Dept. Agriculture, Marketing Administration, which is issued on the importer’s request Please refer to Appendices I, II and III of CITES Wild Cattle, Yaks, Bisons, Buffaloes Etc. (Bos gaurus {Wild Cattle} –[ excluding the domesticated form, which is referenced as Bos Frontalis, and is not subject to the provisions of the Convention], Bos mutu {Yak} –[ excluding the domesticated form, which is references as Bos grunniens, and is not subject to the provisions of the Convention], Bos sauveli {wild cattle}, Bubalus depressicornias {Water Buffalo}, Bubalus mindorensis {Small Water Buffalo}, Babalus quarlesis – {Mountain Anoa} – I (Bison bison athabascae { Wood Bison}) - II (Bubalus arnee {Asian Water Buffalo} [excluding the domesticated form, which is referenced as Bubalus bubalis] from Nepal)- III



GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920







0102.3 Buffalo: 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / Permit 2. Introduction into Namibia is allowed from the RSA under permit issued by the Director: Agriculture, provided it is accompanied by a certificate issued by the GVO of RSA, affirming the cattle free from infections and contagious diseases, passed tuberculin and contagious abortion tests, originate from clean area and in the case of bulls, must be approved in terms of Cattle Improvement Ordinance 3. Importation into the RSA from Malawi and Zimbabwe is prohibited, except under a permit from the DG: Dept. Agriculture, Marketing Administration, which is issued on the importer’s request Please refer to Appendices I, II and III of CITES Wild Cattle, Yaks, Bisons, Buffaloes Etc. (Bos gaurus {Wild Cattle} –[ excluding the domesticated form, which is referenced as Bos Frontalis, and is not subject to the provisions of the Convention], Bos mutu {Yak} –[ excluding the domesticated form, which is references as Bos grunniens, and is not subject to the provisions of the Convention], Bos sauveli {wild cattle}, Bubalus depressicornias {Water Buffalo}, Bubalus mindorensis {Small Water Buffalo}, Babalus quarlesis – {Mountain Anoa} – I (Bison bison athabascae { Wood Bison}) - II (Bubalus arnee {Asian Water Buffalo} [excluding the domesticated form, which is referenced as Bubalus bubalis] from Nepal)- III



GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920







0102.31 5 Pure-bred breeding animals 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and the Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / Permit 2. Introduction into Namibia is allowed from the RSA under permit issued by the Director: Agriculture, provided it is accompanied by a certificate issued by the GVO of RSA, affirming the cattle free from infections and contagious diseases, passed tuberculin and contagious abortion tests, originate from clean area and in the case of bulls, must be approved in terms of Cattle Improvement Ordinance 3. Importation into the RSA from Malawi and Zimbabwe is prohibited, except under a permit from the DG: Dept. Agriculture, Marketing Administration, which is issued on the importer’s request Please refer to Appendices I, II and III of CITES Wild Cattle, Yaks, Bisons, Buffaloes Etc. (Bos gaurus {Wild Cattle} –[ excluding the domesticated form, which is referenced as Bos Frontalis, and is not subject to the provisions of the Convention], Bos mutu {Yak} –[ excluding the domesticated form, which is references as Bos grunniens, and is not subject to the provisions of the Convention], Bos sauveli {wild cattle}, Bubalus depressicornias {Water Buffalo}, Bubalus mindorensis {Small Water Buffalo}, Babalus quarlesis – {Mountain Anoa} – I (Bison bison athabascae { Wood Bison}) - II (Bubalus arnee {Asian Water Buffalo} [excluding the domesticated form, which is referenced as Bubalus bubalis] from Nepal)- III



GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920










GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920










GN R1180/1986 GN R1967/1964 GN R1357/1990 Proc. 28/1920







01.03 Live swine: 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / permit 2. Importation into the RSA from Zimbabwe and Malawi is prohibited except under licence / permit from DGDept. Agriculture, Marketing Administration, which is issued on the importer’s request 3. Introduction into Namibia from the RSA permitted under permit issued by Director: Agriculture for pure-bred, under six months old and accompanied by Health Certificate issued by the RSA GVP affirming that the pigs have been under direct supervision for 30 days prior to introduction Please refer to Appendices I, II and III of CITES Babirusa – explanation – Indonesian wild pig with enormous curved canine teeth and Pygmy Hog – (Babyrousa babyrussa, Sus salvanius) – I Peccaries – explanation- Nocturnal gregarious pig-like wild animals of North and South America

Animal Diseases Act No. 35/1984 Livestock Improvement Act 25/1977 GN R1180/86 GN R1967/64 GN R1357/90 Proc. 28/20


Permit required from STATE VET. (Dep. Agriculture) Registrar of Livestock Improvement

Permit from the Director: Veterinary Services, PTA

Introduction from RSA to Namibia - Permit issued by the Director: Agriculture and Certificate issued by the GVO of RSA


Possible CITES permit required - see Prohibition or Restriction

0103.10 8 Pure-bred breeding animals 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / permit 2. Importation into the RSA from Zimbabwe and Malawi is prohibited except under licence / permit from DGDept. Agriculture, Marketing Administration, which is issued on the importer’s request 3. Introduction into Namibia from the RSA permitted under permit issued by Director: Agriculture for pure-bred, under six months old and accompanied by Health Certificate issued by the RSA GVP affirming that the pigs have been under direct supervision for 30 days prior to introduction Please refer to Appendices I, II and III of CITES Babirusa – explanation – Indonesian wild pig with enormous curved canine teeth and Pygmy Hog – (Babyrousa babyrussa, Sus salvanius) – I Peccaries – explanation- Nocturnal gregarious pig-like wild animals of North and South America








0103.9 Other: 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / permit 2. Importation into the RSA from Zimbabwe and Malawi is prohibited except under licence / permit from DGDept. Agriculture, Marketing Administration, which is issued on the importer’s request 3. Introduction into Namibia from the RSA permitted under permit issued by Director: Agriculture for pure-bred, under six months old and accompanied by Health Certificate issued by the RSA GVP affirming that the pigs have been under direct supervision for 30 days prior to introduction Please refer to Appendices I, II and III of CITES Babirusa – explanation – Indonesian wild pig with enormous curved canine teeth and Pygmy Hog – (Babyrousa babyrussa, Sus salvanius) – I Peccaries – explanation- Nocturnal gregarious pig-like wild animals of North and South America








0103.91 0 Of a mass of less than 50 kg 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / permit 2. Importation into the RSA from Zimbabwe and Malawi is prohibited except under licence / permit from DGDept. Agriculture, Marketing Administration, which is issued on the importer’s request 3. Introduction into Namibia from the RSA permitted under permit issued by Director: Agriculture for pure-bred, under six months old and accompanied by Health Certificate issued by the RSA GVP affirming that the pigs have been under direct supervision for 30 days prior to introduction Please refer to Appendices I, II and III of CITES Babirusa – explanation – Indonesian wild pig with enormous curved canine teeth and Pygmy Hog – (Babyrousa babyrussa, Sus salvanius) – I Peccaries – explanation- Nocturnal gregarious pig-like wild animals of North and South America








0103.92 7 Of a mass of 50 kg or more 1. Importation into the RSA is subject to permits from the Registrar of Livestock Improvement and Director: Veterinary Services, Pretoria, or a person designated by him (The requirements to be observed are fully set out in the permits) Endorse License / permit