New rules make simple instructions complex

Industry is set to take on customs over a new ruling requiring an extensive list of items that must be contained in a clearing instruction. Published in the first nine chapters of rules guiding the new customs legislation, the extensive list has been queried by industry which feels that much of the information required is not only unnecessary but that importers would not have access to it. “For the first time customs has clearly outlined what has to be on a clearing instruction – and first and foremost is an identity (ID) number,” said a source. “Now we clear imports 99% of the time for companies and not for individuals. The request for an ID number is nonsensical. Whose ID number would you put on the clearing instruction and what happens when they leave the company? It is all good and well when it is a single person importing goods, but from a company point of view there is no need for it, besides the fact that companies don’t have IDs.” Currently when clearing for a company, its customs code number is required, but under the new legislation that will no longer suffice and either an ID or passport number must be inserted in the clearing instruction. “If you are clearing for a retailer like Shoprite or Pick ‘n Pay which is bringing in large quantities of goods and is a major organisation – who is going to give their personal ID number or passport number for the clearing of all that cargo?” At present clearing instructions are really only used as a guide by freight forwarders and clearing agents as to how the client wants cargo cleared – must it go to a warehouse, be unpacked, delivered immediately etc. “There is no standard template for that. Each clearing agent has his or her own template with information such as the delivery address for the cargo, the duties to be paid and some other basic details. It’s also dependent on what the client wants on it.” But what has been a simple instruction will now entail a complex list of items. “The items they want stipulated on that clearing instruction require detailed understanding of clearing and forwarding which the importer does not have. In fact that is why he/she is employing someone to do it for them,” the agent said. “If they do have all that knowledge available, by the time they have completed the instruction then they might as well just have cleared the cargo themselves.” Another commentator on the rules said another concern being raised by various participants in the process was the wording used at times in the rules and also the time frames stipulated. “There are some worrying time frames that are being implemented through the rules. They are much shorter and in some cases impossible to meet,” he said.