DUTY CALLS

Revenue Laws Amendment Acts for 2008 Published Two Revenue Laws Amendment Acts, namely (i) Revenue Laws Amendment Act, 60 of 2008; and (ii) Revenue Laws Second Amendment Act, 61 of 2008 have been published. The implementation date of the sections of the Acts are stated to be on the date of promulgation, which is 08 January 2009, unless otherwise indicated. The essence of the two Acts is addressed separately below. Revenue Laws Amendment Act - 60 Of 2008 The intention of the Revenue Laws Amendment Act is to amend certain provisions of Customs and Excise Act 1964 (the Act), namely: (1) To make new provision for the removal of dutiable imported goods from a customs and excise storage warehouse; (2) Losses in respect of certain liquid bulk goods; (3) Liability for underpayments of duty; (4) Certain exemptions in respect of environmental levy goods; (5) Dutiability of waste and scrap after the destruction of goods; (6) To prohibit refund of a duty; (7) To provide for the continuation of certain amendments to the Schedules; (8) To deem a date on which an international trade agreement came into operation; and (9) To effect consequential and textual amendments. Revenue Laws Second Amendment Act - 61 Of 2008 The Revenue Laws Second Amendment Act is intended to: (1) Amend definitions of goods, manufacture and goods under customs control; (2) Provide for the stopping of ships by customs patrol boats; (3) Insert provisions granting officers powers of arrest; (4) Insert provisions regarding the possession of firearms by officers; (5) Insert provisions regarding the acquisition of equipment for border control and the operation of patrol boats; (6) Insert provisions requiring advance passenger information to be furnished by aircraft operators; (7) Amend certain provisions relating to exports by post; (8) Further regulate the export of goods by passengers; (9) Allow a licensee of a customs and excise warehouse to use a computer system for goods manufactured or stored and the movement of goods to and from such warehouse; (10) Insert a power to make rules regarding simplified procedures for any person or category of persons who manufacture certain excisable goods; (11) Further regulate the times for entry of imported goods or goods for export; (12) Insert provisions relating to simplified clearance and release procedures, such procedures for authorised persons and simplified procedures for the immediate release of goods; (13) Further regulate the amendment and substitution of bills of entry; (14) Amend the requirements in respect of accredited client status; (15) Insert a penal provision; (16) Insert special provisions relating to the processing and protection of personal information; (17) Effect an amendment to a provision regulating the taking of samples; (18) Amend certain powers to make rules; and (19) Effect textual and consequential amendments. Extension for Comments – Indian Exports The Department of Trade and Industry has again invited interested parties to make submissions on their areas of interest regarding ongoing trade negotiations between the Southern African Customs Union (Sacu) and India. Comment is due by 27 January 2009. Draft Amended Countervailing Regulations In next week’s issue we will deal with the Draft Amended Countervailing Regulations that were published in the Government Gazette of 16 January 2009. Comment is invited on these regulations.