Goods subject to import control
- Document symbol
- G/LIC/N/3/ZAF/8
- Original language
- English
- Published on
- 04/11/2019
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The International Trade Administration Commission of South Africa (ITAC) has one licensing system. This system makes provision for the granting of permits to meet reasonable requirements of merchant and manufacturers. Licences are issued upon written application by proposed importers. The International Trade Administration Commission of South Africa, Directorate: Import and Export Control is the issuing authority.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Goods subject to import control and for which licences are granted are listed in Government Notice No. R 91 published in Government Gazette No. 35007 dated 10 February 2012, which was amended by Government Notice No. R. 292 published in Government Gazette No. 36372 of 19 April 2013 and Government Notice No. R. 1290 published in Government Gazette No. 39567 of 31 December 2015 and Government Notice No. R. 1601 published in Government Gazette No. 40520 of 22 December 2016.
Q3. The system applies to goods originating in and coming from which countries?
Licences are valid for the importation of goods from any country, the choice of the country of supply being left entirely to the importing party.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Licensing is not intended to restrict the quantity or value of goods imported. The purpose is to comply with international agreements, health, environmental, safety requirements and public interest.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
Import control is applied pursuant to powers conferred on the Minister Economic Development by Section 6 of the International Trade Administration Act, Act 71 of 2002. The licensing is not statutorily required, i.e. the legislation is permissive, not mandatory.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation leaves the designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is possible for the Government to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Applications must be made prior to the shipment of goods
Q7.b. Can a licence be granted immediately on request?
Yes.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Which administrative body is responsible for approving application of licences?
Applications for import licences are considered by the International Trade Administration Commission of SA (ITAC): Import and Export Control.
Must the applications be passed on to other organs for visa, note or approval?
In the case of some goods, import applications are also required to be recommended by other administrative organs such as the SA Police Service (Narcotics Bureau) for the importation of narcotic drugs and psychotropic substances in terms of the 1988 United Nations Convention, the National Regulator for Compulsory Specifications for homologation of tyres for vehicles to ensure that required safety specifications are met, the Department of Environment Affairs in terms of the Basel Convention and the Montreal Protocol, Department of Energy for fossil fuels, Department of Health (Radiation Control) for radioactive chemical elements and isotopes and the SA Police Service (Firearm Register) for arms and ammunition.
In all instances, the obligation is on the prospective importer to approach these administrative organs for the required recommendation. It is not necessary to approach more than one administrative organ for recommendation, over and above ITAC.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
No application for import licensing meeting the criteria is refused.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions who comply with the requirements are eligible to apply for licences.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
Importers are required to complete application forms, which are, together with explanatory notes, available on the website. The following general information is required:
- name and business address of applicant;
- quantity and description of goods to be imported as well as the custom tariff heading and the value of goods to be imported;
- customs code number of the importer;
- indication whether the goods to be imported are new or used;
- country of origin;
- copy of SA Revenue Services (SARS) tax clearance certificate.
What documents is the importer required to supply with the application?
Copy of SA Revenue Services (SARS) tax clearance certificate.
Q11. What documents are required upon actual importation?
Normal customs documents and, where applicable, an import permit is required upon actual importation
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
There are no deposits or advance payments associated with the issue of licences.
What is the amount of the fee or charge?
There are no deposits or advance payments associated with the issue of licences.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There are currently no licensing or administrative charges.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A licence is valid for 12 months from the date of issue. The validity of the licence is not extended.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-use of a licence or portion of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Conditions may be attached to the issue of a licence for instance in cases where imported goods must comply with provisions of international agreements.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to the importation
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange has never been refused by the banking authority provided that an import licence is produced or evidence is furnished that an import licence is not necessary.