Customs and Excise Rules > Chapter VIII : Registration, Licensing and Accredited Clients > Rules for Section 64F of the Act > Licensing of distributors of fuel obtained from the licensee of a customs and excise manufacturing warehouse > Pro Forma Agreement between the licensed distributor contemplated in section 64F and its rules and the Commissioner

SOUTH AFRICAN REVENUE SERVICE

CUSTOMS and EXCISE ACT, 1964 (ACT NO. 91 OF 1964)

(Section 64D and its rules)

LICENSING OF DISTRIBUTORS OF FUEL

(Pro Forma Agreement between the licensed distributor contemplated in section 64F and its rules and the Commissioner)

Annexure A

_____________________________________________________________________

(Full name of applicant – hereinafter referred to as "licensee")

of___________________________________________________________________

(Physical address of applicant – not a PO Box)

herein represented by

____________________________ ____________________________

Full name

Capacity

*duly authorised thereto by virtue of—

(a)	*a resolution passed at a meeting of the Board of Directors held at …………………….. on ……………………… day of ……………………………………; or

(b)	express consent in writing of all the partners of a partnership / members of the close corporation / trustees of the trust; or

(c)	*being a person having the management of any other association of persons referred to in rule 60.03(2)(a)(iv), has applied to be licensed as a licensed distributor; and

(*Delete whichever is not applicable)

as the Commissioner has considered the application and decided to issue a licence subject to compliance with the terms and conditions of this agreement, it is agreed that the licensee shall be bound by the following:

Licensee undertakes to furnish security in the amount determined and in a form and in the nature determined by the Commissioner and to maintain such security until such time as the Commissioner is on good cause shown satisfied that every liability incurred under the Act by the licensee has ceased and each of the conditions of the licence has been complied with.

(a)	Licensee acknowledges as a precondition to being allowed to engage in the activities regulated by the Act and for which the licence is granted that it—

(i)	understands that its rights to conduct the business of licensed distributor are subject to compliance with customs and excise laws and procedures, the provisions of this agreement and any standards of conduct that may be imposed by the Commissioner;

(ii)	is aware of the civil and criminal regulatory consequences of non-compliance with such laws and procedures and the provisions of this agreement.

(b)

(i)

Licensee is aware of and acknowledges the statutory powers, rights and obligations of the Commissioner and his/her delegated officers to inspect for the purposes of the Act the books, accounts, documents and other records of the business in respect of which the licence is issued, including such records in respect of individual clients or specific transactions as well as the banking accounts and records relating to the business conducted under the licence.

(ii)	Licensee agrees to and authorises the inspection of such books and documents and business banking accounts as the Commissioner and the delegated officers may require.

(c)	Licensee is aware of its obligations and undertakes to advise the Commissioner for the purposes of section 60(2) of the Act, whenever the licensee or any employee (except in respectof subparagraphs (v) or (vii)) of the licensee—

(i)	has contravened or failed to comply with the provisions of the Act;

(ii)	has failed to comply with any condition or requirement of this agreement or any condition or obligation imposed by the Commissioner in respect of such licence;

(iii)

is convicted of any offence under this Act;

(iv)	is convicted of any offence involving dishonesty;

(v)	is sequestrated or liquidated;

(vi)	fails to comply with any qualification requirement set out in the rules for section 60; or

(vii)

ceases to carry on the business for which the licence is issued, and licensee acknowledges the right of the Commissioner to cancel or suspend the licence in accordance with the provisions of section 60(2) on the grounds of any of these provisions or requirements.

(d) Licensee in addition undertakes—

(i)	to keep on the business premises books, accounts, documents and other records relating to the transactions of the business comprising, where applicable, at least—

(aa)	copies of the relative export bills of entry, other prescribed movement documents, invoices, bills of lading and other transport documents, orders and payments received and made;

(bb)	every contract entered into and any instruction given to any licensed remover of goods in bond in respect of the carriage of goods by such remover;

(cc)	books, accounts, documents and proof of fulfillment of any obligation relating to the removal and delivery of goods obtained from the licensee of a customs and excise manufacturing warehouse to another country in the common customs area or exported;

(dd)	copies of the application for refund or duty and supporting documents; and

(ee)	any other books, accounts, documents and other records which may be required in terms of any rule relating to any business transacted by a licensed distributor;

(ii)

notwithstanding any other provisions in the Act or the rules thereto, to keep such books, accounts, documents or other records available for inspection by the Commissioner for a period of five years calculated from the end of the calendar year in which any such document was created, lodged or required for the purposes of any customs and excise procedure;

(iii)

to answer and to ensure that any employee answers fully and truthfully any questions of the Commissioner or an officer relating to its business or that of its principal required to be answered for purposes of the Act;

(iv)	to render such returns or submit such particulars in connection with its transactions and the goods to which the transactions relate as the Commissioner or his delegated officer may require;

(v)	to institute adequate administrative measures and procedures in and for its business and if and when able to do so to improve such measures so as to ensure—

(aa)	that the contents of all documents submitted to the Commissioner or a Controller for purposes of the Act are duly verified and completed in accordance with the provisions of the Act;

(bb)

that every person in the employ of the licensee and engaged in the customs and excise business of the licensee is conversant with customs and excise laws and procedures, the contents of this agreement and with the requirements relating to the business of the licensee and the customs and excise administration in respect of such business and is able to answer any question that may be required to be answered for purposes of the Act.

3.	Licensee is aware of the obligation at all times to be able to prove the fulfillment of any obligation relating to the goods obtained, exported or removed to another country in the common customs area as may be required in terms of any provision of the Act.

4. Licensee understands and accepts—

(a)	that any application for a new licence or renewal of a licence may be refused on the grounds specified in section 60(2) and where any of the provisions are applicable licensee undertakes to disclose all relevant facts when applying for such licence;

(b)

the condition prescribed in the rules for section 60 that at least the licensee or one of its directors, members, partners, trustees or employees, as the case may be, transacting the customs and excise related business with clients of such business at the premises or in the area for which the licence is issued shall have sufficient knowledge of customs and excise laws and procedures to transact such business efficiently and in compliance with the provisions of such laws and procedures.

5.	Licensee undertakes to render such proof, including audited financial statements, as maybe required from time to time in order to prove that it has, and is maintaining, sufficient financial resources to conduct its business in an efficient and responsible manner.

(a) The licensee chooses domicilium citandi et executandi at:

_______________________________________________________

(b) The Commissioner chooses domicilium citandi et executandi at:

_______________________________________________________

7. Thus done and signed at: ____________________ on this _____________

______________________________________________________________

__________________

____________________

Licensee

Witness

8. Thus done and signed at __________________________on this ________

__________________

____________________

for and on behalf of Commissioner

Witness

for the South African Revenue Service

Customs and Excise Act, 1964 (Act No. 91 of 1964)

Customs and Excise Rules

Chapter VIII : Registration, Licensing and Accredited Clients

Rules for Section 64F of the Act

Licensing of distributors of fuel obtained from the licensee of a customs and excise manufacturing warehouse

Pro Forma Agreement between the licensed distributor contemplated in section 64F and its rules and the Commissioner