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Liquor Products Act, 1989 (Act No. 60 of 1989)

Regulations

Liquor Products Act: Regulations

Part 4 : Exportation of Liquor Products

51. Applications/or export certificates [17(2); 27(1)(a)]

 

(1) An application for an export certificate shall be made on a form obtainable from the administering officer for this purpose.

 

(1A) In the case of a liquor product intended to be exported to a country requiring a certificate of analysis of such liquor, the applicant must indicate on such form that a certificate of analysis is required.

[Regulation 51(1A) inserted by regulation 4 of Notice No. R. 2841 of 1991]

 

(2)        Such form shall—

(a)        be completed by the exporter concerned or a person duly authorized to apply on his behalf;

(b)        be lodged with the administering officer;

(c)        be accompanied by the prescribed fees;

[Regulation 51(2)(c) substituted by regulation 8 of Notice No. R. 678 of 2001]

(d) in the case of wine intended for export to a destination in the European Community, be accompanied by an undertaking in a form obtainable from the administering officer for this purpose;

[Regulation 51(2)(d) substituted by regulation 2 of Notice No. R. 1376 of 1993]

(e) in the case of wine referred to in regulation 52(7)(b), be accompanied by –
(i) a copy of a certificate issued by the Authority indicating the date of certification and confirming the certification of the wine concerned; or
(ii) a copy of the most recent export certificate issued by virtue of a ruling by the Authority regarding the suitability of the wine concerned; and
(iii) the lable of the container of the liquor product concerned; and

[Regulation 51(2)(e) inserted by regulation 2 of Notice No. R. 1376 of 1993]

(f) in the case of a liquor product referred to in regulation 52(7)(c) and (d), be accompanied by—
(i) a copy of the most recent export certificate issued by virtue of a ruling by the Authority regarding the suitability of the liquor product concerned; and
(ii) the lable of the container of the liquor product concerned.

[Regulation 51(2)(f) inserted by regulation 2 of Notice No. R. 1376 of 1993]

 

(3) Subject to the provisions of subregulation (4), separate applications shall be thus lodged in respect of—
(a) products produced by the same person, but which differ in container, composition and labelling; and
(b) products with the same container, composition and labelling, that are produced by different persons.

 

(4)

(a) If a person intends to move from the Republic, one application may be submitted by him in respect of all the liquor products forming part of his household or personal effects, provided the application concerned is also accompanied by—
(i) an inventory in which full particulars of the liquor products concerned are furnished; and
(ii) a written undertaking by the applicant concerned that he will not sell those liquor products outside the Republic.
(b) The provisions of paragraph (a) shall apply mutatis mutandis to—
(i) a person intending to export liquor products as a free gift or bona fide trade sample, provided the consignment concerned does not consist of more than 100 litres each of liquor products that differ in container, composition and labelling;

[Regulation 51(4)(b)(i) substituted by regulation 7 of Notice No. R. 1876 of 1995]

(ii) a person who visits the Republic as a bona fide tourist, provided the consignment concerned does not exceed 100 litres in total; and
(iii) liquor products intended for export for use by a Head of State or diplomatic representative of the Republic.
(c) If a person intends to export separate consignments of the same liquor product simultaneously, one application may be submitted in respect of all those consignments, provided the liquor product concerned is contained in the labelled containers in which it is to be sold in the country to which it is to be exported.
(d) If a person intends to export one consignment of liquor products that differ in container, composition and labeling, one application may be submitted in respect of that consignment, provided the consignment concerned does not consist of more that 100 litres in total.

[Regulation 51(4)(d) inserted by regulation 12 of Notice No. R. 77 of 2006)

 

(5) The bulk container or packing material in which a liquor product is intended to be exported shall be marked in such a manner that it may readily be identified and be associated with the relevant application for an export certificate.