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

Chapter VIII : Registration, Licensing and Accredited Clients

64G. Licensing of degrouping depot

 

(1)
(a) Any reference in this section to a—

"degrouping depot" shall mean a licensed degrouping depot for air cargo defined in section 1 for the purposes and activities contemplated in section 6(1)(hC);

"degrouping operator" shall mean the licensee of a degrouping depot.

(b) No person shall from a date prescribed by the Commissioner by rule perform any act in connection with, or be in possession of, any air cargo for the purposes and activities contemplated in paragraph (a) unless such person has obtained the appropriate licence for a degrouping depot in accordance with the requirements of section 60, this section, any note to Schedule No. 8, any relevant rule, the application form and any conditions the Commissioner may impose in each case.

 

(2)
(a)
(i) Application for such a licence shall be made on the form prescribed by the Commissioner by rule and the applicant shall furnish such information and supporting documents as may be specified in such form and comply with all requirements contemplated in subparagraph (1)(b).
(ii) The Commissioner may require the degrouping operator to enter into an agreement with the Commissioner and may prescribe such agreement by rule.
(b) Before any licence is issued, the applicant must furnish security; and such security may be altered, as contemplated in section 60(1)(c).

 

(3) The degrouping operator shall be liable for duty on goods received and such liability shall cease as contemplated in section 44(5C).

 

(4)
(a) Goods in a degrouping depot shall be deemed to be under customs control and the degrouping operator shall comply with all requirements in respect thereof specified in this section, and any other relevant provision of this Act including any rule made in terms of this section or any agreement entered into between the degrouping operator and the Commissioner or any condition specified by or directive issued by the Commissioner.
(b) Any goods received by the degrouping operator which are in excess of manifested quantities or excess goods unmanifested or any shortages, of whatever nature, shall be reported and dealt with as prescribed by rule.
(c) Subject to any adaptation or other special requirement prescribed by rule, the provisions of section 18 shall apply mutatis mutandis to the movement of goods to a degrouping depot or from a degrouping depot to another degrouping depot.

 

(5) The Controller may require any consolidated or other package to be detained in the degrouping depot for examination of the package or its contents.

 

(6)
(a) The Commissioner may refuse any application for a degrouping depot licence or cancel or suspend such licence.
(b) The provisions of section 60(2) shall apply mutatis mutandis for the purposes of paragraph (a).

 

(7) The Commissioner may prescribe by rule
(a) the application form and any other form required for the purposes of any customs procedure;
(b) the documents to be furnished in support of the application form or to be submitted, completed and kept in respect of any activity relating to the operation of the degrouping depot;
(c) activities allowed in a degrouping depot;
(d) any procedure or obligation or standards of conduct to be observed in the operation of the degrouping depot;
(e) any condition and procedure relating to liability for duty;
(f) all matters that are required or permitted in terms of this section to be prescribed by rule;
(g) any other matter which is necessary to prescribe and useful to achieve the efficient and effective administration of the air cargo and a degrouping depot as contemplated in this section; and
(h) subject to section 3(2), any delegation of powers or duties as contemplated in that section.