The newly drafted Customs Control Bill and Customs Duty Bill and the changes resulting from the Civil Aviation Act, No 13 of 2009, will have a positive impact on the courier and freight services industry, says transport logistics service provider Freitan MD Paul Cheetham.
The draft Customs Control Bill states that it is primarily concerned with the control of goods imported to, or exported from, South Africa. The reason for this control is to ensure that any taxes imposed by other laws on goods are collected and that other laws regulating the import or export of specific goods are complied with.
This draft bill aims to provide systems and proced-ures for customs to control all goods and persons entering or leaving the country to enable the effective collection of tax on such goods imposed in terms of the tax levying Acts and to facilitate the imple-mentation of other legislation applicable to such goods and persons.
The draft Customs Duty Bill aims to provide for the levying, payment and recovery of customs duties on goods imported to or exported from South Africa. This draft bill is structured around three broad topics: the imposition of duties, the assess- ment of duties, and the pay-ment and collection of duties.
“With more regulations being implemented, the bills will reduce the number of nonaccredited and unprofes-sional companies in this industry as the barrier will be raised concerning who can operate within the freight industry,” says Cheetham.
The Civil Aviation Act, pertaining to air cargo and express freight regulations, includes each contracting State ensuring that security controls are applied to air cargo and mail, prior to their being loaded onto an air-craft engaged in passenger commercial air transport operations. This establishes a process for the approval of regulated agents, if such agents are involved in implementing security controls, and ensures that operators do not accept air cargo or mail for carriage on an aircraft engaged in passenger commercial air transport operations, unless the application of security controls is confirmed and accounted for by a regulated agent, or such consignments are subjected to appropriate security controls.
Cargo will be classified into two categories: known air cargo and unknown air cargo. Known air cargo will require a consignment from a known consignor to which the appropriate security controls have been applied. Air cargo that has not been classified as known air cargo will be subject to screening when tendered for carriage by air.
South African Civil Avia-tion Authority director for civil aviation Colin Jordaan previously said that these legislations would have an effect on commercial air transport operators as they would not be allowed to carry unknown air cargo. He added that a commercial air transport operator would have the right to examine, or cause to be examined by his or her agent, the packaging and contents of all air cargo tendered for carriage by air, and to inquire into the correctness or sufficiency of information or documentation submitted in respect of any air cargo.
“The country is taking responsible steps to ensure that no illegal or counterfeit products exit or enter the country, which will create a positive image of South Africa. The legislations will also bring us in line with international standards,” concludes Cheetham.