Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)NoticesProcedures for the Application, Administration and Allocation of Export Quotas under the Economic Partnership Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part, and the Southern African Customs Union Member States and Mozambique, of the other part, for the Year 20235. Conditions for the issuing of export permits |
| 5.1 | Permits for the products specified in the Table, will be allocated on the basis of the Preferential Market Access Permit Allocation System which takes into account the following variables: |
| (a) | The Broad Based Black Economic Empowerment (B-BBEE) status of applicants-obtainable from a valid B-BBEE certificate measured against Amended Agricultural Black Economic Empowerment (AgriBEE) Sector Code issued by a SANAS accredited verification agency or Sworn Affidavit for EMEs/Black Owned QSEs; |
| (b) | The market share of applicants- derived from historical export data for the past three years (2019, 2020, 2021); |
| (c) | Quota applied for by applicants; |
| (d) | Number of applicants; and |
| (e) | The total quota available for the specific product. |
| 5.2 | A Tax Compliance Status Pin is compulsory to all applicants/clients applying for preferential market access permits. A Tax Compliance Status Pin has to confirm that the company is in good standing with SARS. A company not in good standing with SARS will be disqualified. |
| 5.3 | The quantity exported by an exporter will be calculated on the basis of a detailed list of bills of entry for the product concerned submitted together with the application form, for the period stipulated for the product in column 4 of the Table 1/Export arrangements set out per UK tariff code line. |
| 5.4 | The quotas allocated to exporters will be provisional. The Department will assess the utilization rate during quota year after which there will be re-allocation. The communique regarding the reallocation will be posted on wine online system homepage. Applicants will be expected to motivate in order to avoid deduction in their allocated quota. No new applications will be accepted during this period. |
| 5.5 | Despite any provisions in other laws, applicants registered as joint ventures, mergers, consortiums, holding companies or other similar business arrangements are not allowed to apply separately from their subsidiaries, minority shareholders or divisions for the same product, as this will create an unfair advantage towards other applicants. |
| 5.6 | Companies which have common Directors or Owners will be disqualified. |
| 5.7 | If the market share for a particular applicant exceeds the limit for dominant firms, contemplated in section 7(a)-(c) of the Competition Act, Act 89 of 1998 as amended; the Department can adjust the allocation formula to create fair competition within that industry or sector. |
| 5.8 | If a permit has been lost by an applicant either in his/her possession or during the process of clearing, a replacement permit will only be issued after proof of payment for the new permit has been received. |
| 5.9 | A lost permit will only be replaced if an affidavit in this regard has been submitted and the Department is satisfied that the applicant acted in good faith and took the necessary steps to recover the original permit, as well as undertake to return the original permit if it is found. This includes permits lost due to incorrect information on the application form that requires the reissuing of a permit. |
| 5.10 | The replacement of a permit due to changes of the name, custom code or address as a result of mergers, business arrangements, or any other reason, will require a repayment of the permit fee. |
| 5.11 | The provisions of this section shall apply subject to the conditions specified in Table 1. |