7A. Special provisions relating to Advance Passenger Information
(1) In this section and the rules thereto, unless the context indicates otherwise-
Category: Chapter III – Importation, exportation and transit and coastwise carriage of goods (Customs Act)
Section 7 (Customs Act) – Report of arrival or departure of ships or aircraft
7. Report of arrival or departure of ships or aircraft
(1) The master of any ship arriving at any place of entry appointed in terms of section 6, whether laden or in ballast, shall within 24 hours after the ship’s arrival, unless the Controller has given permission to the contrary, and the pilot of any aircraft arriving in the Republic, whether with or without goods or passengers, shall within three hours after landing at any place appointed as a customs and excise airport in terms of the said section 6 or within such further time as the Controller may allow –
(a) make due report in writing as may be prescribed by rule of the arrival, with as many duplicates or extracts as the Controller may require;
[Paragraph (a) substituted by section 4 of Act 45 of 1995]
(b) make and subscribe to a declaration as to the truth of the report before the Controller and answer all such questions concerning the ship or aircraft, the cargo and stores, and the crew, passengers and voyage or flight as may be put to him by the Controller; and
(c) produce, if required, the official log books for the voyage or flight, the stowage plans and any other documents in his possession relating to the cargo, stores, crew, passengers and voyage or flight.
[Subsection (1) amended by section 4 of Act 98 of 1980]
(1A)
(a) The master of a foreign-going ship shall not call at any place in the Republic other than a place of entry appointed in terms of section 6 and the pilot of an aircraft arriving in the Republic shall, unless the Commissioner has granted him special permission to land elsewhere, make his first landing at a place appointed as a customs and excise airport in terms of section 6: Provided that the provisions of this subsection shall not apply if the master or pilot, as the case may be, is forced by circumstances beyond his control to call or land at a place not so appointed and he reports to the Controller nearest to the place where he was so forced to call or land or to the Controller at the first place of entry or customs and excise airport appointed in terms of section 6 at which he next arrives.
(b) Such master or pilot who is forced by circumstances beyond his control to call or land at a place in the Republic not appointed as a place of entry in terms of section 6 shall take all precautions necessary to prevent any contravention of this Act in respect of any goods on or in such ship or aircraft.
[Subsection (1A) inserted by section 7 of Act 59 of 1990]
(1B) Notwithstanding subsections (1) and (1A), an arrival report and a schedule report or departure report relating to any foreign-going ship or aircraft calling at any place in the Republic shall be submitted electronically by such persons at such times as may be prescribed by rule.
[Subsection (1B) inserted by section 12 of Act 21 of 2006]
(2) ……….
[Subsection (2) amended by section 3 of Act 71 of 1975 and section 1 of Act 101 of 1985 and deleted by section 4 of Act 45 of 1995]
(2A) Subject to the provisions of section 9, any goods which have not been recorded in any manifest or list of containers as may be prescribed by rule shall be declared to the Controller and delivered to him.
[Subsection (2A) inserted by section 3 of Act 105 of 1969 and substituted by section 4 of Act 45 of 1995]
(3) The master of any ship and the pilot of any aircraft bound from any place within to any place outside the Republic shall appear before the Controller and deliver to him a report outwards as may be prescribed by rule together with a full account of the cargo laden on board that ship or aircraft and shall make and subscribe to a declaration as to the truth of such report and account and answer all such questions as may be put to him by the Controller.
[Subsection (3) substituted by section 3 of Act 105 of 1969, section 1 of Act 105 of 1976 and section 4 of Act 45 of 1995]
(4) ……….
[Subsection (4) deleted by section 1 of Act 105 of 1976]
(5) The provisions which shall apply in connection with the departure of any ship or foreign-going aircraft from any place within to any other place within the Republic shall be as prescribed by rule.
[Subsection (5) substituted by section 4 of Act 45 of 1995]
(6)
(a) The master of a ship or the pilot of a foreign-going aircraft shall not cause or permit the ship or aircraft to depart from any appointed place of entry or any place appointed as a customs and excise airport without first obtaining a certificate of clearance as may be prescribed by rule or transire for the intended voyage or flight from the Controller, and the master or pilot, as the case may be, shall not after departure call or land at any place in the Republic other than an appointed place of entry or a place appointed as a customs and excise airport, unless forced to do so by stress of weather, accident or other circumstances beyond his control.
(b) The provisions which shall apply where such master or pilot has been so forced to call or land at a place other than an appointed place of entry or a place appointed as a customs and excise airport shall be as prescribed by rule.
[Subsection (6) substituted by section 4 of Act 45 of 1995]
(7) If a ship or aircraft in respect of which a clearance has been issued at any place in terms of this section does not depart from that place within thirty-six hours of the time when the clearance was issued, or within such further time as the Controller may allow, such clearance shall lapse and the master or pilot shall obtain fresh clearance before causing or permitting the ship or aircraft to depart.
(8) ……….
[Subsection (8) deleted by section 4 of Act 45 of 1995]
(9) The master of a ship or the pilot of an aircraft may, with the permission of the Controller and subject to such conditions as he may impose, retain on board goods consigned to any port or airport for landing at any other port or airport or land at any port or airport goods not consigned thereto.
[Subsection (9) substituted by section 4 of Act 45 of 1995]
(10)
(a) The Controller may grant transires, on such conditions as he may impose, in respect of any ship exclusively engaged in activities as may be prescribed by rule.
(b) The Controller may by notice to the master or owner of the ship or any member of the crew on board such ship revoke any such transire.
[Subsection (10) substituted by section 4 of Act 45 of 1995]
(11) The Commissioner may exempt by rule any ship or aircraft or any class or kind of ship or aircraft from all or any of the provisions of this section.
[Subsection (11) substituted by section 4 of Act 45 of 1995]
Section 6 (Customs Act) – Appointment of places of entry, authorised roads and routes, etc.
6. Appointment of places of entry, authorized roads and routes, etc.
(1) The Commissioner may, subject to such conditions as he may specify, by rule appoint or prescribe –
(a) places to be places of entry for the Republic, through which goods may be imported or exported or where goods may be landed for transit or coastwise carriage, where foreign-going ships may call, where persons entering or leaving the Republic may disembark or embark or where goods may be entered for customs and excise purposes;
(b) the roads or routes (including railways) over which persons may enter or leave the Republic or imported goods or goods intended for export or transit carriage may enter or leave the Republic or may be carried from any one point to any other point or means of carriage of such goods;
(c) places as warehousing places where customs and excise warehouses may be established;
(d) places for such particular and limited purposes and for such periods as may be specified;
(e) places to be customs and excise airports at which aircraft entering the Republic shall first land, from which aircraft leaving the Republic shall finally depart, through which goods may be imported or exported or where goods may be landed for transit or coastwise carriage or where persons entering or leaving the Republic may disembark or embark;
(f) places at appointed places of entry or at customs and excise airports for the landing or embarkation of persons and the landing, loading or examination of goods (including baggage);
(g) places where secure premises to be known as transit sheds may be established into which goods before due entry thereof, may be removed from a ship, aircraft or vehicle or to which such goods may be removed after removal from such ship, aircraft or vehicle.
[Paragraph (g) substituted by section 116 of Act 60 of 2001 and section 134 of Act 45 of 2003]
(gA) wharfs on which goods imported or exported which are not containerised, including goods in bulk, may be landed from or loaded into any ship by, and be under the control of, a wharf operator;
[Paragraph (gA) inserted by section 116 of Act 60 of 2001]
(h) entrances and exits, general or special, to or from any dock or wharf area or customs and excise airport;
(hA) container terminals where containers may be landed for transit, coastwise carriage, delivery to a container depot or, after their contents have been duly entered, delivery to importers, or where containers may be shipped for export;
[Paragraph (hA) inserted by section 2 of Act 71 of 1975]
(hB) places where container depots may be established for the storage, detention, unpacking or examination of containers or the contents of containers, for the delivery to importers of the contents of containers after such contents have been duly entered or for the packing of containers for export;
[Paragraph (hB) inserted by section 2 of Act 71 of 1975]
(hC) places where degrouping depots may be established to which air cargo may be removed before due entry thereof, for purposes of-
(i) the storage, detention, unpacking or examination of consolidated packing or its contents;
(ii) the removal to another such degrouping depot or the delivery to importers of such contents after due entry thereof;
(iii) the packing or consolidation and removal thereof to a transit shed for export; and
(iv) such other activities as may be specified by rule;
[Para. (hC) inserted by section 116(1)(c) of Act 60 of 2001 and substituted by section 134(b) of Act 45 of 2003 and by section 12 of Act 21 of 2021 effective on 19 January 2022]
(i) the hours during which any place, road, route, shed, entrance or exit appointed or prescribed under any paragraph of this subsectionection may be used for the purposes specified in such paragraph.
(1A) Any place outside the Republic may be deemed by the Commissioner to be a place of entry for the Republic through which goods may be imported or exported, where goods may be landed for transit or coastwise carriage or where goods may be entered for customs and excise purposes.
[Subsection (1A) inserted by section 1 of Act 52 of 1986]
(2) If any places, roads, routes, means of carriage, sheds, entrances, exits or container terminals, as the case may be, have been appointed or prescribed by the Commissioner under any paragraph of subsection (1), only such places, roads, routes, means of carriage, sheds, entrances, exits or container terminals so appointed or prescribed may, subject to the provisions of subsection (3), be used or employed for the purposes for which they have been so appointed or prescribed under such paragraph, and if any hours have been prescribed under paragraph (i) of subsection (1) during which any place, road, route, shed, entrance or exit referred to in the said paragraph (i) may be used, such place, road, route, shed, entrance or exit shall be used only during such hours.
[Subsection (2) substituted by section 2 of Act 71 of 1975]
(3) ……….
[Subsection (3) deleted by section 6 of Act 59 of 1990]
(4) ……….
[Subsection (4) deleted by section 6 of Act 59 of 1990]
(5) The owner or occupier of a transit shed appointed in terms of this section shall, if required by the Commissioner, provide accommodation for any officer whom the Commissioner considers it necessary to station at such shed.
[Subsection (5) substituted by section 3 of Act 45 of 1995]