SOUTH AFRICAN REVENUE SERVICE

CUSTOMS and EXCISE ACT, 1964 (ACT NO. 91 OF 1964)

(Section 64D and its rules)

Pro Forma Bond by a Consignor in respect of the Removal or Carriage by Road

of Bonded Goods entered for Removal in Bond or for Export

Know all whom it may concern that—

Whereas ________________________ as principal debtor herein represented by:

in their respective capacities as

*being duly authorised thereto by virtue of a resolution passed at a meeting of the Board of Directors held at …………………………… on ……. the day of

……………………………..

*being duly authorised thereto with the express consent of the members of the close corporation / all the partners of a partnership / trustees held at ………………………… on the ……. day of ……………………….……..

and:

………………………………… as surety and co-principal debtor in solidum herein represented by:

1.        _________________________________________________________________________

2.         _________________________________________________________________________

in their capacities as

1.        _________________________________________________________________________

2.        _________________________________________________________________________

*being duly authorised thereto by virtue of standard internal regulations relating to signing powers

*Delete whichever is not applicable

are truly and lawfully indebted and are held and firmly bound to the Commissioner of the South African Revenue Service in the amount of R…………………………………………………. (amount in words) to be paid on demand to the said Commissioner;

for which payment well and truly to be made we bind ourselves jointly and severally, each for the whole, our heirs, executors, administrators and assigns,

and whereas –

The Principal Debtor, being a consignor as defined in the rules for section 64D, is desirous of transacting business with the Commissioner for the South African Revenue Service in furnishing security in respect of bonded goods removed or carried by road, to any destination within or outside the Republic as declared on any bill of entry or other document prescribed or approved by the said Commissioner for the purpose of entry of such goods, subject to the customs and excise laws of the Republic of South Africa governing the removal or carriage of such goods.

Now therefore the conditions of this obligations are such that if the Principal Debtor shall, in accordance with the provisions of the said laws prove to the satisfaction of the Commissioner for the South African Revenue Service that such goods have been duly delivered, received and entered for customs purposes or have been duly taken out of the common customs area and received in the country of destination, in accordance with the particulars declared on the bill of entry for removal in bond, under rebate of duty or for export or on any other document prescribed or approved by the Commissioner for the purpose of such entry, as the case may be, and otherwise fully comply with every obligation imposed under the provisions of such laws, then this obligation shall be null and void, otherwise, it shall remain in full force and effect.

FURTHERMORE WE, the Principal Debtor(s) and Co-Principal Debtor(s) renounce and waive the exceptions:

With the meaning and effect of which we are fully acquainted.

This bond is not transferable or negotiable.

All admissions or acknowledgements of indebtedness made by the Principal Debtor shall be binding upon the Co-Principal Debtor.

The Commissioner or his delegated officer shall be at liberty, without affecting the Commissioner’s rights hereunder, to release securities provided by or on behalf of the Principal Debtor by any person, association of persons, firm or company and to give time to, or compound or make other arrangements with the Principal Debtor its legal representative in insolvency, judicial management or otherwise.

Any claim arising hereunder may be recovered in any division of the High Court of South Africa as the Commissioner may elect and the Co-Principal Debtor hereby consents and submits to the Jurisdiction of such a Court in respect of any such claim.

Signed by the principal at _____________________________ on this ____________ day of __________________________20

In the presence of the subscribed witnesses:

1. ___________________________________

2. ___________________________________

Signed by the Surety(ies) and Co-Principal Debtor(s) on this ____________________ day of __________________________ at ___________________________________

In the presence of the subscribed witnesses:

1.        ___________________________________

2.        ___________________________________

64D.19        Carriage of bonded goods by a subcontractor of a licensed remover of goods in bond

(i)

(v)        where goods are transported in a sealed part of the means of transport –