Basic information
Outline of the system
The International Trade Administration Commission of South Africa (ITAC) has one licensing system. This system makes provision for the granting of permits to meet reasonable requirements of merchant and manufacturers. Licences are issued upon written application by proposed importers. The International Trade Administration Commission of South Africa, Directorate: Import and Export Control is the issuing authority.
Product coverage
Goods subject to import control and for which licences are granted are listed in Government Notice No. R 91 published in Government Gazette No. 35007 dated 10 February 2012, which was amended by Government Notice No. R. 292 published in Government Gazette No. 36372 of 19 April 2013 and Government Notice No. R. 1290 published in Government Gazette No. 39567 of 31 December 2015 and Government Notice No. R. 1601 published in Government Gazette No. 40520 of 22 December 2016.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
Licensing is not intended to restrict the quantity or value of goods imported. The purpose is to comply with international agreements, health, environmental, safety requirements and public interest.
Questions for products under restriction as to the quantity or value of imports
N/A
The system applies to products originating from which country?
Licences are valid for the importation of goods from any country, the choice of the country of supply being left entirely to the importing party.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
Import control is applied pursuant to powers conferred on the Minister Economic Development by Section 6 of the International Trade Administration Act, Act 71 of 2002. The licensing is not statutorily required, i.e. the legislation is permissive, not mandatory.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation leaves the designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is possible for the Government to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions who comply with the requirements are eligible to apply for licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Importers are required to complete application forms, which are, together with explanatory notes, available on the website. The following general information is required:
- name and business address of applicant;
- quantity and description of goods to be imported as well as the custom tariff heading and the value of goods to be imported;
- customs code number of the importer;
- indication whether the goods to be imported are new or used;
- country of origin;
- copy of SA Revenue Services (SARS) tax clearance certificate.
What documents is the importer required to supply with the application?
Copy of SA Revenue Services (SARS) tax clearance certificate.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications must be made prior to the shipment of goods
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Yes.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Applications for import licences are considered by the International Trade Administration Commission of SA (ITAC): Import and Export Control.
Must the applications be passed on to other organs for visa, note or approval?
In the case of some goods, import applications are also required to be recommended by other administrative organs such as the SA Police Service (Narcotics Bureau) for the importation of narcotic drugs and psychotropic substances in terms of the 1988 United Nations Convention, the National Regulator for Compulsory Specifications for homologation of tyres for vehicles to ensure that required safety specifications are met, the Department of Environment Affairs in terms of the Basel Convention and the Montreal Protocol, Department of Energy for fossil fuels, Department of Health (Radiation Control) for radioactive chemical elements and isotopes and the SA Police Service (Firearm Register) for arms and ammunition.
In all instances, the obligation is on the prospective importer to approach these administrative organs for the required recommendation. It is not necessary to approach more than one administrative organ for recommendation, over and above ITAC.
Are there any other conditions attached to the issue of a licence?
Conditions may be attached to the issue of a licence for instance in cases where imported goods must comply with provisions of international agreements.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are no deposits or advance payments associated with the issue of licences.
What is the amount of the fee or charge?
There are no deposits or advance payments associated with the issue of licences.
Is there any deposit or advance payment required associated with the issue of licences?
There are currently no licensing or administrative charges.
Amount or rate?
There are currently no licensing or administrative charges.
Is it refundable?
There are currently no licensing or administrative charges.
What is the period of retention?
There are currently no licensing or administrative charges.
What is the purpose of this requirement?
There are currently no licensing or administrative charges.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
No application for import licensing meeting the criteria is refused.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Normal customs documents and, where applicable, an import permit is required upon actual importation
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to the importation
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A licence is valid for 12 months from the date of issue. The validity of the licence is not extended.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-use of a licence or portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange has never been refused by the banking authority provided that an import licence is produced or evidence is furnished that an import licence is not necessary.
Is a licence required as a condition to obtaining foreign exchange?
Foreign exchange has never been refused by the banking authority provided that an import licence is produced or evidence is furnished that an import licence is not necessary.
Is foreign exchange always available to cover licences issued?
Foreign exchange has never been refused by the banking authority provided that an import licence is produced or evidence is furnished that an import licence is not necessary.
What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange has never been refused by the banking authority provided that an import licence is produced or evidence is furnished that an import licence is not necessary.