Authorities involved in the regulation of imports

South African Revenue Services (SARS)

SARS is the custodian of the Customs and Excise Act, No. 91 of 1964 and is responsible for the following:

• Registration and compliance checks
• Licensing approval and compliance checks
• Check goods declaration, refunds and drawbacks
• Check cargo information
• Detention,seizure and release
• Inspection of goods
• Border control
• Post clearance audit, and
• Levying of import tariffs

SARS is also responsible for the detection and prevention of import fraud or illegal imports.

Department of Agriculture, Forestry and Fisheries (DAFF)

The Department of Agriculture Forestry and Fisheries controls the importation of all live animals and animal products, including dairy products, in terms of the following legislation:

• Agriculture Product Standards Act, No 119 of 1990; and
• Animal Disease Act, No 35 of 1984.

All importers of dairy products are required to apply for and obtain a Veterinary Import Permit from the Directorate: Veterinary Services. Following receipt of the completed application form, a Veterinary Import Permit is issued and sent to the importer.

A Veterinary Health Certificate which has to be completed by a veterinarian authorized thereto by the Veterinary Administration of the exporting country is sent to the importer to be completed within 10 days of departure.

An importer must present the original Veterinary Import Permit, Veterinary Health Certificate and any other documentation specified to the South African Veterinary Import Control Officer at the port of entry.

Department of Health

The National Department of Health administers and enforces the legislation regarding the health of dairy products. A summary of the applicable legislation is as follows:

• The Health Act, No 63 of 1977, provides measures for “… the promotion of the health of the inhabitants of the Republic and describes the duties and powers of local authorities, especially with regard to the prevention of diseases…”
• Regulations Relating to Milk and Dairy Products (R1555) were issued in terms of the Foodstuffs, Cosmetics and Disinfectants Act, No 54 of 1972.

The department’s inspectorate has the authority to seize imported products that do not comply with the requirements in terms of the mentioned legislation.

International trade Administration Commission (ITAC)

The International Trade Administration Commission (ITAC) is responsible for advising government on all import tariff related matters. ITAC manages and investigates applications for import tariff investigations with regard to import tariff amendments, rebate and drawback(refund) permit applications and requests for anti-dumping action, action against subsidized exports and safeguard measures.

The following types of import tariff amendment applications are handled by ITAC:

• Increase in import tariffs (Includes removal of rebate provisions) which is applied for when a Southern African Customs Union (SACU) industry requires protection and encouragement to enable it to compete with imported products.
• Reduction in the import tariff on imported products which are not manufactured in the SACU.
• Rebate of the import tariff on products not available in the SACU which are used for manufacturing purposes.
• Rebate (including item 470.03) and drawback /refund (item 521.00) permit applications.

ITAC also handles the following applications for action against unfair trade practices:

• Anti-dumping investigations which is a request for the protection of the SACU industry when foreign producers export their products to the SACU at prices lower than their domestic selling prices thereby causing material injury to the SACU industry.
• Countervailing investigations which is a request for the protection of the SACU industry against products imported at prices that are subsidized by the government of the exporting country thereby causing material injury to the SACU industry.
• Safeguard investigations which are conducted when a sudden surge of imports from a country causes material injury to the SACU industry.