The importation and exportation of goods into and out of South Africa are governed by regulations that dictate the entry of authorised travellers and legitimate merchandise while preventing the influx of prohibited, restricted, and counterfeit items. This regulatory framework, overseen by South African Revenue Service (SARS) customs officials, employs advanced risk management technologies and conducts meticulous checks at ports of entry, including sea, land, and airports, to uphold border security and combat illicit trade activities.
Distinguishing Prohibitions and Restrictions:
Prohibited goods, by definition, are strictly forbidden from entering or exiting South Africa under any circumstances. In contrast, restricted goods may be permitted entry or exit under specific conditions or circumstances, often requiring the presentation of permits, certificates, or letters of authority from relevant government departments or institutions.
SARS Administration of Prohibitions and Restrictions:
SARS administers prohibitions and restrictions in accordance with Section 113(8)(a) of the Customs and Excise Act, 1964, on behalf of various government departments, institutions, or bodies, such as the National Department of Agriculture, the South African Bureau of Standards (SABS), and the South African Reserve Bank (SARB).
Application Across All Modalities of Transport:
Prohibitions and restrictions are not limited to goods carried by travellers but extend to all modes of transport, including road, rail, air, sea, and postal services. This comprehensive approach ensures uniform enforcement of regulatory measures regardless of the method of transportation.
Consolidated Lists for Reference:
To facilitate compliance, all prohibitions and restrictions enforced by different government entities are consolidated into lists of prohibited and restricted imports and exports. These lists, structured according to the Harmonised Commodity Coding and Description System (HS Tariff), provide clarity on the regulatory status of various goods.
Examples of Prohibited and Restricted Goods:
Prohibited goods include narcotics, military weapons, explosives, counterfeit goods, and prison-made products. Restricted goods encompass currency, endangered species, food, plants, animals, medicines, and more, each subject to specific regulations governing their importation and exportation.
Counterfeit Goods Regulations:
The Counterfeit Goods Act, 1997, aims to prevent the circulation of counterfeit goods in the South African market. SARS officials are empowered to detain goods suspected of being counterfeit, and various actions related to dealing in counterfeit goods are prohibited under the Act.
Intellectual Property Rights Protection:
Owners of intellectual property rights, as defined under the Counterfeit Goods Act, 1997, may apply to the SARS Commissioner for the seizure and detention of goods incorporating specific intellectual property rights. This application, known as a Section 15 Application, seeks to protect intellectual property rights and combat counterfeiting activities.
In summary, a robust regulatory framework governs the importation and exportation of goods in South Africa, safeguarding national interests while promoting legitimate trade and commerce. By adhering to customs regulations and collaborating with regulatory authorities, travellers and importers play a vital role in upholding border security and preventing the infiltration of prohibited, restricted, and counterfeit goods into the country’s market.
