| (1) |
Subject to any exemption which may be granted by the Treasury or a person authorised by the Treasury, no person shall, without permission granted by the Treasury or a person authorised by the Treasury and in accordance with such conditions as the Treasury or such authorised person may impose— |
| (a) |
take or send out of the Republic any bank notes, gold, securities or foreign currency, or transfer any securities from the Republic elsewhere; or |
| (b) |
send, consign or deliver any bank notes, gold, securities or foreign currency to any person for the purpose of taking, sending or removing such bank notes, gold, securities or foreign currency out of the Republic; or |
| (b)bis
|
take any South African bank notes into the Republic or send or consign any such notes to the Republic; or |
| (c) |
make any payment to, or in favour, or on behalf of a person resident outside the Republic, or place any sum to the credit of such person; or |
| (d) |
draw or negotiate any bill of exchange or promissory note, transfer any security or acknowledge any debt, so that a right (whether actual or contingent) on the part of such person or any other person to receive a payment in the Republic is created or transferred as consideration— |
| (i) |
for the receiving by such person or any other person of a payment or the acquisition by such person or any other person of property, outside the Republic; or |
| (ii) |
for a right (whether actual or contingent) on the part of such person or any other person to receive a payment or acquire property outside the Republic; |
or make or receive any payment as such consideration; or
| (e) |
grant any financial assistance to any person in the Republic, where as security for such financial assistance, the person granting the financial assistance in turn relies on any security, guarantee, undertaking or financial assistance, directly or indirectly furnished by— |
| (i) |
any person resident outside the Republic; or |
| (f) |
grant any financial assistance to any person in the Republic, where such person— |
| (i) |
is not resident in the Republic; or |
| (ii) |
is an affected person. |
| (2) |
Nothing in subregulation (1) contained shall prohibit the doing by a person authorised by the Treasury of anything within the scope of his authority. |
| (3) |
Every person who is about to leave the Republic and every person in any port or other place recognised as a place of departure from the Republic, who is requested to do so by the appropriate officer shall— |
| (a) |
declare whether or not he has with him any bank notes, gold, securities or foreign currency; and |
| (b) |
produce any bank notes, gold, securities or foreign currency which he has with him; |
and the appropriate officer and any person acting under his directions may search such person and examine or search any article which such person has with him, for the purpose of ascertaining whether he has with him any bank notes, gold, securities or foreign currency, and may seize any bank notes, gold, securities or foreign currency produced or found upon such examination or search unless either—
| (i) |
the appropriate officer is satisfied that such person is, in respect of any bank notes, gold, securities or foreign currency which he has with him, exempt from the prohibition imposed by subregulation (1); or |
| (ii) |
such person produces to the appropriate officer a certificate granted by the Treasury which shows that the exportation by such person of any bank notes, gold, securities or foreign currency which he has with him does not involve a contravention of that subregulation. |
No female shall be searched in pursuance of this subregulation except by a female.
| (4) |
The appropriate officer and any person acting under his directions may examine or search any goods consigned or letters or parcels sent from the Republic to a destination outside the Republic, for the purpose of ascertaining whether there are being sent therewith any bank notes, gold, securities, or foreign currency, and may seize any bank notes, gold, securities or foreign currency found upon such examination or search, unless the appropriate officer is satisfied that the Treasury has granted a certificate which shows that the sending as aforesaid of the bank notes, gold, securities or foreign currency does not involve a contravention of subregulation (1), and that such certificate was not granted in reliance on any incorrect statement. |
| (5) |
All bank notes, gold, securities and foreign currency seized under subregulation (3) or (4) shall be forfeited for the benefit of the National Revenue Fund: Provided that the Treasury may, in its discretion, direct that any bank notes, gold, securities or foreign currency so seized, be refunded or returned, in whole or in part, to the person from whom they were taken, or who was entitled to have the custody or possession of them at the time when they were seized. |
| (6) |
Every person who is about to enter the Republic and every person in any port or other place recognised as a place of arrival in the Republic, who is requested to do so by the appropriate officer shall— |
| (a) |
declare whether or not he has with him any South African bank notes; and |
| (b) |
produce any such bank notes which he has with him; |
and the appropriate officer and any person acting under his directions may search such person and examine or search any article which such person has with him, for the purpose of ascertaining whether he has with him any South African bank notes and may seize any such bank notes produced or found upon such examination or search unless either—
| (i) |
the appropriate officer is satisfied that such person is, in respect of any South African bank notes which he has with him, exempt from the prohibition imposed by subregulation 1(b)bis; or |
| (ii) |
such person produces to the appropriate officer a certificate granted by the Treasury which shows that the importation by such person of any South African bank notes which he has with him does not involve a contravention of that subregulation. |
No female shall be searched in pursuance of this subregulation except by a female.
| (7) |
The appropriate officer and any person acting under his directions may examine or search any goods consigned or letters or parcels sent to the Republic from a place outside the Republic, for the purpose of ascertaining whether there are being sent therewith any South African bank notes and may seize any such bank notes found upon such examination or search, unless the appropriate officer is satisfied that the Treasury has granted a certificate which shows that the sending as aforesaid of such bank notes does not involve a contravention of subregulation 1(b)bis, and that such certificate was not granted in reliance on any incorrect statement. |
| (8) |
All South African bank notes seized under subregulation (6) or (7) shall be forfeited for the benefit of the National Revenue Fund: Provided that the Treasury may, in its discretion, direct that any notes so seized, be refunded or returned, in whole or in part, to the person from whom they were taken, or who was entitled to have the custody or possession of them at the time when they were seized. |
| (9) |
For the purposes of subregulation (1)(a), documents of title relating to securities shall be deemed to be securities, and any reference to securities in subregulations (3), (4) and (5) shall be construed as including references to such documents of title. |
Housing Development Agency Act, 2008
