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Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter V : Clearance and Origin of Goods: Liability for and payment of duties

Rules for Section 49 of the Act

Treaty of the Southern African Development Community and Protocols concluded under article 22 thereof

Rules in respect of Annex I (concerning the rules of origin for products to be traded between the member states of the Southern African Development Community) of the Protocol on Trade of the Treaty

 

49B.01
(a) Rules in respect of Annex I (concerning the rules of origin for products to be traded between the member states of the Southern African Development Community) of the Protocol on Trade of the Treaty
(b) Where any rule reflects a numbers in brackets after a serial number, for example, 49B.01 (5), the number in brackets refers to the Rule number or numbers of Annex I of the Protocol on Trade "Concerning the Rules of Origin for Products to be Traded between the Member States of the Southern African Development Community". Any additional digit or letter after the number refers to subdivisions of the rule.
(b) Any expression used in these rules with reference to Annex I of the Protocol on Trade shall, unless the context otherwise indicates, have the meaning assigned thereto in the said Annex or provisions of the Act relating to such Annex or Protocol or in the Notes to Part B of the Schedule to the General Notes to Schedule No. 1.
(d) The expression—
(i) "Annex I" includes, according to its context, Annex I and its appendixes of the Protocol on Trade;
(ii) "goods" as used in these rules means, depending on the context, "goods" or "products" or "material" as defined in Annex I;
(iii) "Member State" means a Member State of the SADC;
(iv) "Protocol" means the Protocol on Trade;
(v) "Rule" refers to the specified numbered Rule of Annex I;
(vi) "SCO" refers to the SADC Certificate of Origin and includes according to the context, for export purposes, the set of forms comprising the SADO Certificate of Origin (SCO), the application form and copy of the application form referred to in rule 490.10(9)1(a);
(vii) "SACU", as defined in Annex I, means the Southern African Customs Union of which the members are the Republic of Botswana, the Kingdom of Lesotho, Republic of Namibia, the Republic of South Africa and the Kingdom of Swaziland;
(viii) "SADC" means Southern African Development Community;
(ix) "producer" means a registered producer contemplated in paragraph (f) and includes a person that breads and raises any animals, mines any minerals and grows and harvests any products, and depending on the context, any person that manufactures, processes or assembles goods on any combination thereof.

(e)

(i) Subject to section 3(2), any power, duty or function contemplated in section 49(6), is delegated in terms of section 49(6)(b)(vi) to the extent specified in these rules to the manager responsible for the administration of the rules of origin section in Head Office, the Controller or any officer designated by that Manager or Controller.

[Rule 49B.01(e)(i) substituted by paragraph (iiii) of Notice No. R. 1472 dated 22 December 2017]

(ii) For the purposes of subparagraph (i) any officer authorised by the manager responsible for the administration of the rules of origin section in Head Office or the Controller, may exercise any power conferred or duty or function imposed on any authority in Annex I or on any officer in terms of any other provision of this Act for the purpose of verification of the originating status of goods or the fulfilment of the other requirements of Annex I.

[Rule 49B.01(e)(ii) substituted by paragraph (jjjj) of Notice No. R. 1472 dated 22 December 2017]

(f) Registration of exporter and producer For the purposes of section 49(6) and section 59A—
(i) every exporter and producer of goods to be exported to any of the member states of the Southern African Development Community shall be registered in accordance with rule 59A.01A(b)(i), and in the case of—
(aa) an exporter, Annexure DA 185.4A2 or the corresponding screen or page of the electronic application must be submitted;
(bb) a producer, Annexure DA 185.4A7 or the corresponding screen or page of the electronic application must be submitted;

[Rule 49B.01(f)(i) substituted by section 17 of Notice No. R.393, GG44506, dated 30 April 2021 - effective 23 April 2021]

(ii) if the exporter is also the producer of the goods concerned, application for registration as exporter as well as producer must be submitted.