Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)NoticesApplication for Market Access Permits for Agricultural Products in terms of the World Trade Organisation (WTO) Agreement for 20224. Conditions for the issuing of import permits |
| 4.1 | Permits for the products specified in the Table, will be allocated on the basis of the Preferential Market Access Permit Allocation Points System which takes into account the following variables: |
| (a) | the Broad Based Black Economic Empowerment (B-BBEE) status of applicants - obtained from a B-BBEE certificate measured against Amended AgriBEE Sector Code issued by a SANAS accredited verifications agency or Sworn Affidavit for EMEs/ Black Owned QSEs |
| (b) | the market share of applicants-derived from historical data for the past three years (2018, 2019, 2020); |
| (c) | quota applied for by applicants; |
| (d) | number of applicants; and |
| (e) | the quota available. |
| 4.2 | 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. |
| 4.3 | The quantity imported by an importer 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 5 of the Table 1/Import Arrangements. |
| 4.4 | Products imported under the market access rebate permits are for consumption in South Africa only. 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. |
| 4.5 | 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 establish an unfair advantage towards other applicants. |
| 4.6 | Companies which have common directors or owners will be disqualified. |
| 4.7 | 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 re-issuing of a permit. |
| 4.8 | 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. |
| 4.9 | The provisions of the allocation shall apply subject to the conditions specified in the Table, attached to the Notice. |