7A. Special provisions relating to Advance Passenger Information
(1) In this section and the rules thereto, unless the context indicates otherwise-
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]
Section 5 (Customs Act) – Application of Act
5. Application of Act
Notwithstanding anything to the contrary in any other law contained, for the purposes of this Act –
(a) ……….
[Paragraph (a) deleted by section 5 of Act 59 of 1990]
(b) the continental shelf as referred to in section 8 of the Maritime Zones Act, 1994 (Act No. 15 of 1994),
[Paragraph (b) substituted by section 1 of Act 44 of 1996]
shall be deemed to be part of the Republic.
(c) Any installation or device of any kind whatever, including any floating or submersible drilling or production platform, constructed or operating upon, beneath or above the said continental shelf for the purpose of exploring it or exploiting its natural resources shall be deemed to be constructed or operating within the Republic.
(d) Any goods mined or produced in the operation of such installation or device and conveyed therefrom to the shore whether by pipeline or otherwise and any person or other goods conveyed by any means to and from such installation or device shall be deemed to be so conveyed within the Republic.
[Section 5 substituted by section 2 of Act 68 of 1989]
Section 4D (Customs Act) – Officers’ powers relating to criminal prosecution
4D. Officers’ powers relating to criminal prosecutions
An officer may-
(a) investigate for purposes of a criminal prosecution whether an offence in terms of this Act has been committed;
(b) lay criminal charges for the prosecution of any such offence; and
(c) provide such assistance as may be required by the prosecuting authority for the prosecution of any such offence.
[Section 4D inserted by section 17 of Act 39 of 2013 effective on 16 January 2014]
Section 4C (Customs Act) – Border Patrol
4C. Border Patrol
(1)
(a) Notwithstanding anything to the contrary contained in any other law, the Commissioner may patrol the borders of the Republic and acquire any equipment necessary for patrolling the land and sea borders of the Republic, including any-
(i) patrol boats, aircraft and other vehicles; and
(ii) arms and ammunition required to equip or supply any customs patrol boat, aircraft or other vehicle.
(b) When patrolling the borders of the Republic an officer may arrest any person in accordance with the provisions of section 4A.
(2)
(a) The customs officer commanding any customs patrol boat having hoisted and carrying or displaying the South African Revenue Service (SARS) customs ensign or flag may pursue any vessel where-
(i) that vessel does not immediately come to a stop when signalled, ordered or required to do so; or
(ii) the operator of the vessel refuses to permit the vessel to be boarded.
(b) The customs officer commanding any customs patrol boat involved in pursuing a vessel as contemplated in paragraph (a) may, as a last resort and after having fired a warning, fire at or into the vessel to compel it to come to a stop.
(3)
(a) Any customs patrol boat may exercise on behalf of the Republic, or on behalf of a foreign state, the right of hot pursuit of any vessel in accordance with Article 111 of the United Nations Convention on the Law of the Sea.
(b) The seizure of such a vessel and the arrest of any person on board such a vessel may be effected by any customs officer on board a customs patrol boat.
(4) Notwithstanding anything to the contrary contained in any other law-
(a) customs patrol boats, aircraft and vehicles are exempted from any-
(i) registration, licensing or other requirement or any related fee normally applicable to the possession or movement of vessels, aircraft or vehicles, if clearly marked and identifiable as a customs patrol boat, aircraft or vehicle; or
(ii) mooring, docking, landing or road toll fee, or any similar charge, whilst used for official duties; and
(b) officers serving on board customs patrol boats are exempted from any provisions in any other law relating to their competency or certification if adequately trained and tested in accordance with the standards prescribed by rule in order to ensure their competency and certification.
(5) The Commissioner may make rules-
(a) as to all matters required or permitted by this section to be prescribed by rule;
(b) in respect of any other matter which the Commissioner may consider reasonably necessary and useful for the efficient and effective administration of the provisions contained in this section.
[Section 4C inserted by section 26 of Act 61 of 2008 effective on 31 Mar 2009]
Section 4A (Customs Act) – Powers of arrest
4A. Powers of arrest
(1) Notwithstanding anything to the contrary contained in this Act, the Commissioner –
(a) may determine a category of officers who have the power to carry out an arrest for the purposes of enforcing this Act; and
(b) must furnish each such officer with an appropriate certificate and identification card stating that the officer is authorised to carry out an arrest for the purpose of enforcing this Act.
(2) In exercising the powers of arrest contemplated in subsection (1), an officer shall be deemed to be a peace officer as defined in section 1 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and such officer shall be subject to any relevant provision in Chapter 5 of that Act applicable to a peace officer.
(3) Any person arrested by an officer must as soon as possible be brought to a police station or, in the case of an arrest by warrant, to any other place expressly mentioned in the warrant and further be dealt with in the manner contemplated in section 50 and other provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).
[Section 4A inserted by section 26 of Act 61 of 2008 effective on 31 Mar 2009]
Section 3 (Customs Act) – Delegation of duties and powers of Commissioner
3 Delegation of duties and powers of Commissioners
(1)
(a) Any duty imposed or power conferred on the Commissioner in terms of this Act may be performed or exercised by the Commissioner personally or by an officer or any other person under a delegation from or under the control or direction of the Commissioner.
(b) The Commissioner may-
(i) with the concurrence of an organ of state or other institution with whom the Commissioner has concluded an agreement in terms of section 2(1A), delegate a function to be performed by an officer or other person under his control or direction, to a person in the service of such organ of state or institution; or
(ii) designate a person in the service of an organ of state or institution referred to in subparagraph (i) to act as an officer for a specific purpose, and may at any time withdraw or suspend the designation.
[Subsection (1) substituted by section 132(a) of Act 45 of 2003 and by section 6 of Act 4 of 2026]
(2)
(a) Any decision made and any notice or communication signed or issued by such officer or person may be withdrawn or amended by—
(i) the officer of person concerned;
(ii) the branch manager to whom the officer of person in (i) reports;
(iii) the officer or person in charge of customs operations or excise operations; or
(iv) the Commissioner personally,
with effect from the date of making such decision or signing or issuing such notice or communication or the date of withdrawal or amendment thereof and shall, until it has been so withdrawn, be deemed, except for the purposes of this subsection, to have been made, signed or issued by the Commissioner.
[Paragraph (a) substituted by section 27 of Act 21 of 2012]
(b) The Commissioner may make rules regarding any matter which the Commissioner considers reasonably necessary and useful for the purposes of administering the provisions of this section
[Subsection (2) substituted by section 132(a) of Act 45 of 2003]
Section 2 (Customs Act) – Commissioner to administer Act
2. Commissioner to administer Act
(1) The Commissioner shall, subject to the control of the Minister, be charged with the administration of this Act, including the interpretation of the Schedules thereto.
(1A) The Commissioner may, for the purposes of the administration of this Act, make such arrangements or enter into such agreements with any railway, port, airline or postal authority, depot operator or container operator or any other person or authority as he may deem necessary.
[Subsection (1A) inserted by section 1 of Act 45 of 95]
(2) The Controller shall perform his duties and exercise his powers under this Act with due regard to any instructions issued by the Commissioner.
Chapter II – Administration, general duties and powers of Commissioner and officers, and application of Act
CHAPTER II
ADMINISTRATION, GENERAL DUTIES AND POWERS OF COMMISSIONER AND OFFICERS, AND APPLICATION OF ACT