Currency and Exchanges Act, 1933 (Act No. 9 of 1933)

Regulations

Exchange Control Regulations, 1961

12. Goods purchased outside the Republic

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(1)Whenever a person in the Republic has purchased goods in any country outside the Republic and has paid for or made a payment on account of such goods, but the said goods have not been consigned to the Republic within four months from the date on which such payment was made, such person shall within fourteen days from the date of expiry of the said period of four months report in writing to the Treasury or to an authorised dealer that the goods have not been consigned to the Republic and the Treasury may thereupon order such person to assign to the Treasury or to a person authorised by the Treasury his right to the said goods.

 

The sum payable in consideration for any assignment made in accordance with this regulation shall be such as the Treasury may fix but shall not be less than the amount realised by the Treasury after deduction of the cost of realisation.

 

(2)After the date on which this regulation comes into force no person shall purchase any goods on conditions which would preclude him from giving effect to an order issued in terms of subregulation (1).

 

(3)If in any criminal proceedings against any person for failure to make a report to the Treasury or to an authorised dealer as required by subregulation (1), it is proved that such person was unable, after the expiration of a period of six months from the date on which any payment referred to in the said subregulation was made by him, to produce a bill of entry import in respect of the goods in question after having been called upon to do so by the Treasury or by an authorised dealer, it shall be presumed, until the contrary is proved, that the goods in question were not consigned to the Republic within four months from the said date.

 

(4)No person in the Republic who has purchased any means of transport outside the Republic shall, after such means of transport has been consigned and brought to the Republic, permit such means of transport to leave the Republic for the conveyance of any persons or goods for reward outside the Republic except with the consent of the Treasury and subject to such conditions as the Treasury may impose.

 

For the purposes of this subregulation "means of transport" includes any ship, aircraft, motor vehicle, tractor or roller.