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

Customs and Excise Rules

Chapter III : Importation, Exportation and Transit and Coastwise Carriage of Goods

Rules for Section 8 of the Act

Part 3 : Reporting requirements for arriving and departing foreign-going vessels

8.09 Advance loading and arrival notices

 

(1) The carrier operating a foreign-going vessel to the Republic must give advance notice to the Commissioner in accordance with—
(a) rule 8.10 of containerised cargo to be loaded on board the vessel at a foreign port that will be on board the vessel when the vessel enters the Republic; and
(b) rule 8.11 of the scheduled arrival of the vessel in the Republic.

 

(2) Each cargo reporter responsible for cargo on board a foreign-going vessel referred to in subrule (1) must in accordance with rule 8.12 give advance notice to the Commissioner of the scheduled arrival of that incoming cargo in the Republic.

 

(3)
(a) If on receipt of an advance cargo loading notice referred to in this rule it appears that any of the cargo to which the notice relates are goods referred to in paragraph (b), the Commissioner may, by notice to the reporting carrier or that carrier’s registered agent in the Republic, warn the carrier—
(i) not to load those goods on board the vessel or to transport the goods to the Republic; and
(ii) that should the goods be loaded or transported, the goods on arrival in the Republic will be detained and dealt with in accordance with the applicable provisions of this Act.
(b) Paragraph (a) may be applied to goods that on arrival in the Republic are likely to be—
(i) prohibited goods;
(ii) restricted goods in respect of which the legislation regulating the import of those goods has not been complied with; or
(iii) goods of a class or kind or falling within any other category as may be determined by the Commissioner.
(c) A carrier shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both such fine and imprisonment if goods in respect of which a warning has been issued in terms of paragraph (a)(i) is on board the vessel when it enters the Republic.

 

(4) This rule applies only to foreign-going vessels operated by carriers.