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Import Control Regulations.


The International Trade Administration Act makes provision for control, through a permit system, of the import and export of goods specified by regulation. The primary function of this directorate is the administration of the provisions of the International Trade Administration Act (Act 71 of 2003) with regard to the issuing of import and export permits in terms of Section 6 of the Act and investigations and enforcement in terms of part E of the Act.

Import Control

The Minister may, by notice in the Gazette, prescribe that no goods of a specified class or kind, or no goods other than goods of a specified class or kind may be (a) imported into the Republic; or (b) imported into the Republic, except under the authority of,
and in accordance with the conditions stated in a permit issued by the Commission.

In the administration of the relevant provisions of the ITA Act, by Import and Export Control a distinction is drawn between the importation of new goods on the one and used, second hand and waste and scrap on the other hand. With regard to new goods, 208 tariff sub-headings are subject to import control measures. These tariff items pertain to fish and fish products, oils and
other fossil fuels inorganic acids, radio active chemical elements, hydrocarbons, tyres, base metals, fire arms and ammunition, gambling machines and other miscellaneous chemicals ethers and carboxylic acids.

The importation of all used and second hand goods on the other hand are subject to control measures.

The purpose of import control is

  1. to ensure that used and second hand goods do not erode the manufacturing SACU industry and the job opportunities
    in this industry.
  2. to ensure that industry sensitive goods are imported in a regulated manner.
  3. to ensure that there is compliance with environmental requirements.
  4. to assist agencies with the enforcement of other legislation such as safety.
  5. to ensure compliance with the provisions of International Agreements.

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Regulations

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I , Alec Erwin, in my capacity as Minister of Trade and Industry, acting under the powers vested in me by section 6 of the International Trade Administration Act, (Act 71 of 2002) -

(I) Hereby prescribe that-

(a) goods described in Schedules 1, 2 and 3 shall not be imported into the Republic of South Africa except by virtue of an import permit issued in terms of section 6 of the said International Trade Administration Act, 2002, and in which such goods are specifically described;

(b) all second-hand or used goods, including waste and scrap of whatever nature, shall not be imported into the Republic of
South Africa except by virtue of an import permit issued in terms of section 6 of the said International Trade Administration Act, 2002, and in which such goods are specifically described.

(II) Notwithstanding the provisions of paragraph (I) (a) and (b) above, no import permit shall be necessary for the importation into the Republic of South Africa of the following goods:

(a) new and used or second-hand goods landed for transit through the Republic;

(b) new and used or second-hand goods (excluding firearms and ammunition, pneumatic tyres, tyre casings and used or second-hand motor vehicles) imported as household or personal effects for the personal use of a South African citizen returning to the Republic or by a person entering the Republic for purposes of either permanent or temporary residence.

(c) new goods (excluding firearms and ammunition and pneumatic tyres) sent as a bona fide gift for the personal use of the importer or his family by any other person, the free on board value of which does not exceed R5 000.

(d) new samples of no commercial value or samples sent free of charge to the importer (excluding firearms, ammunition and pneumatic tyres) by any other person, the free on board value of which does not exceed R5 000.

(e) (i) goods imported from the Republic of Botswana, the Kingdom of Lesotho, Republic of Namibia or the Kingdom of Swaziland which are grown, produced or manufactured in the Republic of Botswana, Kingdom of Lesotho, Republic of Namibia or the
Kingdom of Swaziland: Provided that the above shall not be interpreted to include new goods which are subject to import control regulations, used or second-hand goods and goods manufactured from used or second-hand goods imported from outside the common customs area;

(e) (ii) new goods imported from Malawi that are grown, produced or manufactured in Malawi; Provided that the above shall not
be interpreted to include new goods which are subject to import control regulations, used or second-hand goods and goods manufactured from used or second-hand goods imported from outside Malawi.

(e) (iii) new goods imported from Zimbabwe that are grown, produced or manufactured in Zimbabwe; provided that the above
shall not be interpreted to include new goods which are subject to import control regulations, used or second-hand goods and goods manufactured from used or second-hand goods imported from outside Zimbabwe.

(f) (i) new spares, subassemblies and materials imported as original equipment for the manufacturing of motor vehicles; new spares and subassemblies imported as spare parts for the maintenance of motor vehicles, but excluding tyres ;

(f) (ii) all other new spares for all goods which are not subject to import control.

(g) new and used or second-hand goods imported into the Republic for repair or maintenance and, after such repair or maintenance, exported to the consigner concerned.

(h) new and used or second hand goods exported from the Republic for repair or maintenance and returned to the original exporter in the Republic.

(i) new and used or second hand empty containers originally containing goods exported from the Republic and returned to the original exporter in the Republic.

(j) new and used or second hand printed bona fide advertising matter sent free of charge to the importer by any other person.

(k) new and used or second-hand goods imported in terms of rebate items 409.01 and 409.02 of Schedule 4 of the Customs
and Excise Act, 1964 (Act No. 91 of 1964).

(l) new and used or second-hand goods imported by heads of State, diplomatic and other foreign representatives in terms of rebate item 406 of Schedule 4 of the Customs and Excise Act, 1964 (Act 91 of 1964).

(m) new and used or second-hand goods warehoused in a customs and excise warehouse for delivery as ship=s stores and
goods warehoused in duty free shops.

(n) new goods imported in terms of rebate item 470.03 of Schedule 4 of the Customs and Excise Act, 1964 (Act No. 91 of 1964).

(III) Hereby determine that an import permit, except for the conditions specified in the permit, shall be subject to the
following conditions:


(a) that only goods of the class and kind specified in the permit may be imported;

(b) that the permit may not in any manner be transferred by the holder thereof to any other person or may not be used to the benefit of anyone not referred to in the permit.

(c) that the permit shall be valid for clearance for a period of 12 months from the date of issue or for such shorter period as indicated in the permit.

(IV) (a) Goods referred to in Schedules 1, 2, 3 and paragraph (I) (b) above shall not be shipped unless the importer is in possession of an appropriate valid import permit issued in terms of the section 6 of the said International Trade Administration Act, 2002, and in which such goods are specifically described;

(b) goods referred to in Schedules 1, 2, 3 and paragraph (1) (b) above that arrive at ports of entry in the Republic and for which the importer cannot produce a valid import permit shall be deemed to have been imported in contravention of the International Trade Administration Act, 2002.

(V) Hereby determine that nothing in this notice shall absolve an importer from the obligation of also complying with the
provisions of other legislation relating to the importation of goods into the Republic of South Africa.

(VI) Hereby withdraw Government Notice R .2582 of 23 December 1988, as amended.