| 38.15 |
Completion of the box in respect of Financial Data on the SAD 500 and the box in respect of Consignment / Transaction Particulars on form SAD 554 |
| (a) |
The Financial Data must be entered in the applicable box therefor on the SAD 500 and the Consignment / Transaction Particulars in the applicable box therefor on the SAD 554 by all exporters or their duly instructed clearing agents. |
| (b) |
The applicable box must in respect of the matters listed in subparagraphs (i) to (v) be completed in accordance with this paragraph— |
| (i) |
Unique Consignment Reference (UCR): The UCR must be entered in accordance with rule 38.14A. |
| (ii) |
Transaction (Trans) Value and Currency Code |
| (aa) |
"Transaction value" or "Trans Value" means the full foreign currency proceeds paid or payable by the purchaser to the exporter for the export consignment; |
"Consignee" includes the purchaser or importer in the country of destination; and
"Currency code" means the SWIFT currency code applicable to the foreign currency proceeds as supplied by the South African Reserve Bank.
| (bb) |
Transaction value particulars must have the following features: |
| (A) |
The transaction value is the full monetary amount of the foreign currency proceeds for the complete export transaction. |
| (B) |
Where a consignment is to be exported to the consignee in more than one stage, every SAD 500 associated with that consignment must reflect the transaction value of the goods to which the particular SAD relates. |
| (C) |
The currency code must consist of three characters and must be inserted in the space next to the transaction value. |
| (iii) |
Advance Payment (Adv Payment): |
| (aa) |
Any advance payment must be indicated in respect of payments received in advance for the export consignment; |
| (bb) |
the currency code must consist of three characters and must be inserted in the space next to the advance payment; |
| (cc) |
where no payments are received in advance, zeros must be inserted in this field. |
| (aa) |
Credit term refers to the period between the date of shipment and the anticipated date for the receipt of outstanding payments. |
| (bb) |
In this field the exporter must specify the number of days between the date of shipment and the anticipated date for the receipt of outstanding payments. |
| (cc) |
The minimum length is one character and the maximum length is three characters. |
| (dd) |
Where no credit term applies, or no foreign exchange accrues, "NEP" must be inserted in this field. |
| (aa) |
Where a charge is made for repairs, the fields in the Export Value (FOB) box and in the Consignment / Transaction box must be completed as may be applicable. |
| (bb) |
Where no charge is made, "NEP" must be inserted in the Credit Term field as required by paragraph (b)(iv)(dd). |
| (cc) |
The bill of entry import number, the date when the goods were imported for repairs and the Controller's office where it was processed must be entered in the Endorsement Column. |
[Rule 38.15(b) substituted by section 2(a) of Notice No. R. 776, GG 41798, dated 27 July 2018]
| (c) |
[Rule 38.15(c) deleted by section 2(b) of Notice No. R. 776, GG 41798, dated 27 July 2018] |
38.16
(a)
| (i) |
For the purposes of this rule— |
"accounting period" means the period within which imports or exports of a continuous transmission commodity must be accounted for and entered on a bill of entry or SAD form;
"continuous transmission commodity" or "CTC" means—
| (a) |
natural gases and their derivatives and other liquids and gases transported through a pipeline; or |
| (b) |
electricity transported over an electric transmission line. |
| (ii) |
Any provision for imports and exports or importer or exporter, includes, unless otherwise specified, in relation to a CTC transported to or from the Republic, the supply of a CTC to or from any other Member State of SACU. |
| (b) |
Notwithstanding anything to the contrary contained in any rule— |
| (i) |
Any CTC imported or exported must be accounted for and entered or declared as prescribed in this rule. |
(ii)
| (aa) |
Every importer or exporter must keep a proper accounting record of any CTC imported into or exported from the Republic; |
| (bb) |
imports and exports must be measured at the places, at the times and by using the methods approved by the Commissioner; |
| (cc) |
provided goods are imported directly to the point where quantities are measured, the quantity of a CTC measured as contemplated in subparagraph (bb) shall, for the purposes of section 10(1)(c), be deemed to be the quantity imported into the Republic at the time any quantity measured is so measured; and |
| (dd) |
provided goods are exported directly from the point where quantities are measured, the quantity of a CTC measured as contemplated in subparagraph (bb) shall be deemed to be the quantity exported from the Republic at the time any quantity measured is so measured. |
| (iii) |
The accounting period for the relevant CTC must operate, as may be applicable— |
| (aa) |
from the time on any day in any month of first commencement of importation into or exportation from the Republic until 24:00 on the last day of that month and thereafter from 00:00 of the first day of every month until 24:00 of the last day of such month; or |
| (bb) |
such monthly period as the Commissioner may determine. |
| (iv) |
On a date approved by the Controller, which must be within a period of 25 days after the end of the accounting period contemplated in subparagraph (iii), the importer or exporter must— |
| (aa) |
at the place of entry specified in item 200.03(ii) in the Schedule to the Rules, make due entry or declare in terms of the Act of the quantity of CTC imported or exported during that accounting period; and |
| (bb) |
in the case of imports— |
| (A) |
submit separate bills of entry or SAD forms in respect of each supplier from which a CTC was received during the period concerned; |
| (B) |
pay any duty and value-added tax due during the hours of business prescribed in item 201.10 of the Schedule to the Rules for acceptance of bills of entry or SAD forms and for receipts and other revenue; |
| (C) |
if payment is made by electronic funds transfer, proof of payment must be submitted to reach the Controller during the period and hours specified in this subparagraph; |
| (cc) |
in the case of exports, separate bills of entry or SAD forms must be submitted in respect of each consignee to which a CTC was transported during the period concerned. |
(v)
| (aa) |
All bills of entry or SAD forms submitted to the Controller must be accompanied by invoices, a summary of the accounting record required to be kept as contemplated in subparagraph (b)(i) and such other documents as the Commissioner may require. |
| (bb) |
All invoices submitted, must be serially or transaction numbered and dated and reflecting at least the— |
| (A) |
name and address of the importer or exporter; |
| (B) |
a full description of the nature and characteristics of the goods; |
| (D) |
where applicable, the price charged for each unit; |
| (E) |
total invoice price; and |
| (F) |
in the case of imports or exports, the period applicable. |
| (c) |
Where a CTC is transported to or from the territory of a SACU Member State, form SAD 500, in terms of the rules numbered 120A, must be submitted together with an invoice as contemplated in subparagraph (b)(v), to the Controller for each accounting period within the time prescribed in subparagraph (b)(iii). |
| (d) |
Books, accounts and documents relating to the procedures prescribed in this rule must be kept together with other relevant import and export documents as contemplated in rule 59A.09(2). |
Older Persons Act, 2006
