[Section 7A heading substituted, ( pending its repeal by the Customs and Excise Amendment Act, 2014 (Act No. 32 of 2014), by section 17 of the Tax Administration Laws Amendment Act, 2023, GG49947, dated 22 December 2023 - comes into effect on a date to be determined by the Minister by notice in the Government Gazette (section 17(2))]
| (1) | In this section and the rules thereto, unless the context indicates otherwise— |
"Advance Passenger Information" or ‘‘API’’ means information, including personal information in relation to a passenger, recorded by means of automated scanning of the machine readable zone of that passenger’s travel document during the passenger check-in process at the place of entry or exit, contemplated in subsection (2)(b)(i);
‘‘conveyance’’ means a conveyance as may be prescribed by rule in terms of subsection (8)(aA);
"operator" means the person having the management of a conveyance, carrying on business by transporting goods or passengers to and from the Republic for reward;
"passenger" means a person arriving on a conveyance from a place outside the Republic or departing on a conveyance to a place outside the Republic and includes, unless the context otherwise indicates, a crew member;
‘‘passenger data’’ means an electronic message, including any updated or revised version thereof, in respect of Advance Passenger Information (API) or Passenger Name Record (PNR) information, transmitted to the Commissioner by an operator or an organ of state in circumstances contemplated in subsection (7A);
‘‘Passenger Name Record’’ or ‘‘PNR’’ means information, including personal information, recorded by an operator in relation to a passenger, concerning each booking made by or on behalf of a passenger on the reservation system of the operator, contemplated in subsection (2)(b)(ii); and
‘‘personal information’’ has the meaning assigned to it in section 1 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013).
(2)
| (a) | The operator of any conveyance arriving in or departing from the Republic shall, unless exempted in circumstances contemplated in subsection (7A), transmit electronically passenger data to the Commissioner which may be used by the Commissioner for the purposes of— |
| (i) | facilitating the processing of passengers arriving or departing on such conveyance; |
| (ii) | preventing, detecting, investigating or punishing any offences committed under this Act or any other law by such passengers; |
| (iii) | facilitating any border security measures at a place of entry or exit; or |
| (iv) | protecting the health and safety of passengers and members of the public. |
| (b) | For purposes of paragraph (a), passenger data comprising— |
| (i) | Advance Passenger Information, consists of information as may be determined by the Commissioner by rule and which relates to— |
| (aa) | the relevant passenger’s personal details; |
| (bb) | that passenger’s travel document; |
| (cc) | the relevant flight, voyage or journey as may be applicable; and |
| (dd) | any other relevant matter; and |
| (ii) | Passenger Name Record information, consists of information as may be determined by the Commissioner by rule and which relates to— |
| (aa) | the relevant passenger’s personal details; |
| (bb) | the passenger’s travel document; |
| (cc) | the passenger’s booking; |
| (dd) | the reservation date, travel dates and any amendment thereof; |
| (ee) | the travel agent used; |
| (ff) | the issuing of the ticket and details relating to the ticket booked; |
| (hh) | the passenger’s itinerary; |
| (jj) | baggage details; and |
| (kk) | any other relevant matter. |
| (3) | Any collection and processing of passenger data comprising personal information shall be subject to compliance with section 101B. |
| (4) | The operator shall transmit passenger data within the periods the Commissioner may prescribe by rule. |
| (5) | [Section 7A(5) deleted by section 17 of the Tax Administration Laws Amendment Act, 2023, GG49947, dated 22 December 2023] |
| (6) | Nothing in this section— |
| (a) | affects any existing obligation imposed under this Act on a person to report or declare the arrival or departure of a conveyance (whether scheduled or actual) and any goods carried on, or passengers travelling on, such conveyance; or |
| (b) | limits or alters any of the powers conferred on officers under this Act. |
| (a) | is required by this section to transmit and fails to transmit passenger data in respect of a flight, voyage or journey, as may be applicable, or a passenger on that flight, voyage or journey; |
| (b) | dishonestly or fraudulently prepares, transmits or alters any passenger data; or |
| (c) | is a passenger and furnishes information to be used as passenger data which he or she knows is false in a material respect, |
shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.
| (7A) | An operator is exempt from transmitting passenger data to the Commissioner directly in circumstances where— |
| (a) | the operator has submitted the passenger data contemplated in subsection (2)(b) to an organ of state indicated in rules prescribed under subsection (8)(aB); and |
| (b) | that organ of state transmits such data to SARS in terms of an agreement contemplated in section 2(1A). |
| (8) | The Commissioner may make rules as to— |
| (a) | all matters required or permitted by this section to be prescribed by rule; |
| (aA) | the type of conveyances in respect of which transmission of passenger data is required as well as any particular requirements as may be necessary for different conveyances; |
| (aB) | the exemption of operators, as contemplated in subsection (7A), in circumstances where another organ of state serves as the single entry point for submission of passenger data required to fulfil regulatory requirements regarding the entry or exit of passengers in terms of legislation administered by various organs of state in order to avoid repeated submission of the same information; and |
| (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 7A substituted, (pending its repeal by the Customs and Excise Amendment Act, 2014 (Act No. 32 of 2014), by section 17(1) of the Tax Administration Laws Amendment Act, 2023, GG49947, dated 22 December 2023 - comes into effect on a date to be determined by the Minister by notice in the Government Gazette (section 17(2))]
