Customs Bill – Poser for Cargo Carriers, Handlers and Reporters

MultimodalThe introduction of new clearance and release formalities in terms of customs procedures has a significant impact on all cargo operators, vessel’s agents, freight forwarders, ground handlers etc. Current provisions in the prevailing Customs and Excise Act, no. 91 of 1964, and its associated rules provide for the ‘clearance-free’ movement of uncleared bonded cargo from place/port of discharge to an inland terminal against the carrier’s manifest. This will not be possible once the new Customs Control and Duty Acts come into being.

Cargo manifested for inland ports will need to be removed under the National Transit procedure, implying the submission of a clearance declaration (formerly an RIB) for each consignment moved. It still needs to be determined if a groupage container can move against a single national transit clearance or if each consignment within such container must be declared for national transit. This could become an onerous burden on the controlling operator of such consol with surety implications. The alternative is for all such cargo to be cleared for ‘home use’ or other permissible procedure (other than national transit) at place/port of discharge. For consolidated cargo, can available de-grouping and depot storage facilities at sea ports manage the volumes?

Similarly transhipment cargo will also require a customs clearance declaration (bill of entry); a further consideration for carriers and agents of carriers – do they have the capacity and expertise to transact ‘national transit’ and ‘transhipment’ clearances electronically to customs? Most probably not. Notwithstanding, Customs Brokers (Clearing Agents) are also eligible to act on behalf of a carrier/cargo reporter to clear goods for transhipment.

These are but a few critical considerations which all cargo reporters need to bear in mind for the future.

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