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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 and Coastwise Carriage of Goods

Rules for Section 7 of the Act

Report of arrival or departure of ships or aircraft

 

7.01 Report in terms of section 7(1) of the arrival of a foreign-going ship, except ships exempted from such report in these rules, shall be made on a form DA 1 (Report Inwards/Outwards for Ships) prescribed in these rules and shall be accompanied by the following documents if such documents have not already been delivered to the Controller, but excluding any such document which the Controller does not require in respect of any such ship:
(a) A list of the passengers, if any;
(b) application to land unmanifested break bulk cargo;
(c) income tax forms;
(d) a sealed transire (form DA 4) from each port in the Republic at which the ship has called on the voyage in question;
(e) a list of sealable goods (form DA 5);
(f) Post Office certificate;
(g) lists of all containers on board which are—
(i) consigned to that place of entry;
(ii) destined for each terminal or depot to which containers are to be delivered for customs entry purposes;
(iii) for direct trans-shipment by ship from the port of discharge to a destination outside the Republic; and
(iv) empty containers,

Such lists shall reflect –

(aa) the name of the vessel and the voyage number;
(bb) the container serial numbers and bill of lading numbers;
(cc) the classes of the containers;
(dd) the destination of each container; and
(ee) the container operator responsible for the containers until their export from the Republic.
(h) a manifest of all non-containerised goods consigned to that place of entry and in the case of LCL and FCL containers a separate container manifest in respect of the cargo packed in each such container which shall specify—
(i) the name of the vessel and the voyage number;
(ii) the container serial number and seal number;
(iii) the place of loading and the place of discharge;
(iv) whether the container is manifested for direct delivery to the importer from a container terminal or for direct delivery to a container depot;
(v) in respect of each consignment in the container—
(aa) the marks and numbers of the packages;
(bb) the number and description of the packages;
(cc) the description of the goods;
(dd) the bill of lading number;
(ee) the name and address of the consignee;
(ff) the name of the shipper or his agent;
(vi) the total number, mass and measurement of packages.

 

7.02 Report of arrival in terms of section 7(1) of a coasting ship referred to in section 14 shall be made on a form DA 1 (Report Inwards/Outwards for Ships) prescribed in these rules and shall be accompanied by the following documents:
(a) A sealed transire (Form DA 4 prescribed in these rules) from each port in the Republic at which the ship has called on the voyage in question; and
(b) an application to land cargo.

 

7.03 The provisions of rule 7.01 (b) to (h) shall also apply to coasting ships referred to in section 14.

 

7.04 Report of arrival in terms of section 7(1) at a Customs and Excise airport of an aircraft, except aircraft exempted from such report in these rules, shall be made on a form DA 2 (Report Inwards/Outwards for Aircraft) prescribed in these rules and shall in instances where cargo is carried be accompanied by a manifest of cargo consigned to that airport.

 

7.05 Report in terms of section 7(3) of the departure of any ship to a port or place outside the Republic, except ships exempted from such report in these rules, shall—
(a) before departure be made on a form DA 1 (Report Outwards for Ships) and shall be accompanied by the following documents:
(i) A certificate of clearance for a destination outside the Republic (form DA 3);
(ii) a separate form DA 4 (Transire – for a Destination in the Republic) in respect of each destination together with a manifest of cargo carried coastwise in the Republic;
(iii) Post Office Certificate, if not exempted;
(iv) Portnet Clearance Certificate;
(v) Department of Home Affairs Certificate (form B1.92);
(vi) income tax form; and
(vii) safety certificates in respect of radio, load line, equipment, oil pollution prevention, cargo safety construction and passenger safety; and
(b) after departure, within fourteen days, deliver to the Controller a manifest of cargo shipped at that place.

 

7.06 Report in terms of section 7(3) of the departure of an aircraft to a place outside the Republic, except aircraft exempted from such report in these rules, shall before departure be made on a form DA 2 (Report Inwards/Outwards for Aircraft) and shall be accompanied by a manifest of cargo on board.

 

7.07 If any report required in terms of the Act is found to be in any way incomplete or incorrect, the Controller may permit the master or pilot concerned to amend such report.

 

7.08 The Controller may prohibit the departure of any ship or aircraft from any place unless evidence has been produced that the master or pilot of such ship or aircraft has complied with the provisions of all laws of the Republic with which it was his duty to comply.

 

7.09 No ship having South African nationality in terms of the Merchant Shipping Act, 1951, or the Ship Registration Act, 1998, and exclusively engaged in fishing, sealing or collecting and transporting guano or the recovery of rough diamonds on or off the coast of the Republic, the home port of which is either permanently or temporarily a place in the Republic, shall leave such place without a transire in terms of section 7(10).

[Rule 7.09 substituted by section 1 of Notice No. R. 1892, GG46056, dated 18 March 2022]

 

7.10 The transire referred to in rule 7.09 may be granted for a period not exceeding three months and to such transire shall be sealed a list giving full particulars of the engine fuel used by such ship and in respect of which a refund of duty will be claimed and such transire shall specifically stipulate that the ship shall not visit any port or place outside the Republic.

 

7.11 The master of a ship referred to in rule 7.09 shall, unless exempted by the Controller, keep a logbook in which he shall record—
(a) the movements or position of his ship from day to day; and
(b) the name of any place called at, whether any landing was effected or not, and the particulars of any goods landed or shipped.

 

7.12 When a ship referred to in rule 7.09 calls at any place (except its home port) where there is a Controller the master shall as soon as possible after the arrival of the ship submit the transire and his logbook to the said Controller and the said master shall not proceed to sea with such ship unless he is in possession of the said transire suitably endorsed by the Controller.