Customs News Bulletin

	9 July 2015

Latest News

EVALUATING CUSTOMS KNOWLEDGE AND SKILLS

In an era where the Customs profession is becoming more professional, (further) training and education is becoming more important than ever.  The industry is becoming competitive and importers, exporters and their customs clearing and forwarding agents (customs brokers) need to improve their knowledge and skills through further studies and training.

If you consider studying or training, think first about what skills you already have. The Recognition of Prior Learning (RPL) process could assist you to reduce the time it takes to get your qualification.

Recognition of prior learning (RPL) is about the skills and knowledge an individual has obtained through work and life experiences.

Customs clearing and forwarding agents, particularly individuals in the organizations, with many years of experience, must be familiar with South Africa’s RPL process since it can benefit them directly.

The Minister of Higher Education, Mr  Bonginkosi Emmanuel (Blade) Nzimande, published a Draft Recognition of Prior Learning (RPL) Policy for public comment in Government Gazette No 38958 of 6 July 2015.

It is important that all relevant stakeholder study the document and comment on the document not later than on Monday 3 August 2015.  

Knowledge, Skills and Abilities (KSA) are special qualifications and personal attributes one needs to have for a particular job. KSA are the unique requirements that human resource managers want to find in the person selected to fill a particular job.  These requirements are important in all sectors.

The Recognition of Prior Learning (RPL) is a process through which formal, non-formal and informal learning (knowledge and skills) are measured, mediated for recognition across different contexts and certified against the requirements for credit, access, inclusion or advancement in the formal education and training system or workplace. (Source: National Policy for the Implementation of RPL: par 30). - See more at: http://www.saqa.org.za/show.php?id=5688#sthash.V34JoYWQ.dpuf)

The purpose is to make it possible to obtain formal recognition for knowledge gained throughout life, such as in workplaces and own reading or experiences.  The RPL process also entails providing support to a candidate to ensure that knowledge is discovered and displayed in terms of a relevant qualification registered on the National Qualifications Framework (NQF).

The Draft RPL Policy document provides more information about the purpose and scope of the document, the RPL Policy of South Africa,  A national strategy for wide -scale implementation of RPL in the post -school sector, the legislative framework, establishment of a National RPL Institute (NRPLI) in South Africa, the roles and responsibilities for the implementation of RPL (including the roles and responsibilities of education and training providers and practitioners) and funding for RPL implementation.

A list of accredited training providers are published on the SAQA website and at the bottom of each of the individual SAQA qualifications. Open the link and browse to the bottom of the page at  http://regqs.saqa.org.za/showQualification.php?id=59365. The service providers should be able to provide you with more information.

Alternatively download the draft policy document at http://www.gov.za/sites/www.gov.za/files/38958_gon580.pdf .

Read more about the RPL process in South Africa at http://www.saqa.org.za/list.php?e=RPL.

Customs Tariff Applications and Outstanding Tariff Amendments

The International Trade Administration Commission (ITAC) is responsible for tariff investigations, amendments, and trade remedies in South Africa and on behalf of SACU. Tariff investigations include: Increases in the customs duty rates in Schedule No. 1 Part 1 of Jacobsens. These applications apply to all the SACU Countries, and, if amended, thus have the potential to affect the import duty rates in Botswana, Lesotho, Namibia, Swaziland and South Africa. Reductions in the customs duty rates in Schedule No. 1 Part 1. These applications apply to all the SACU Countries, and, if amended, thus have the potential to affect the import duty rates in Botswana, Lesotho, Namibia, Swaziland and South Africa. Rebates of duty on products, available in the Southern African Customs Union (SACU), for use in the manufacture of goods, as published in Schedule No. 3 Part 1, and in Schedule No. 4 of Jacobsens. Schedule No. 3 Part 1 and Schedule No. 4, are identical in all the SACU Countries. Rebates of duty on inputs used in the manufacture of goods for export, as published in Schedule No. 3 Part 2 and in item 470.00. These provisions apply to all the SACU Countries. Refunds of duties and drawbacks of duties as provided for in Schedule No. 5. These provisions are identical in the all the SACU Countries. Trade remedies include: Anti-dumping duties (in Schedule No. 2 Part 1 of Jacobsens), countervailing duties to counteract subsidisation in foreign countries (in Schedule No. 2 Part 2), and safeguard duties (Schedule No. 2 Part 3), which are imposed as measures when a surge of imports is threatening to overwhelm a domestic producer, in accordance with domestic law and regulations and consistent with WTO rules. Dumping is defined as a situation where imported goods are being sold at prices lower than in the country of origin, and also causing financial injury to domestic producers of such goods. In other words, there should be a demonstrated causal link between the dumping and the injury experienced.

To remedy such unfair pricing, ITAC may, at times, recommend the imposition of substantial duties on imports or duties that are equivalent to the dumping margin (or to the margin of injury, if this margin is lower). Countervailing investigations are conducted to determine whether to impose countervailing duties to protect a domestic industry against the unfair trade practice of proven subsidised imports from foreign competitors that cause material injury to a domestic producer. Safeguard measures, can be introduced to protect a domestic industry against unforeseen and overwhelming foreign competition and not necessarily against unfair trade, like the previous two instruments. There were no applications to amend the SACU tariff. The last application (List 05/2015/Notice 486 of 2015) was published in Government Gazette 38822 on 29 May 2015. Refer to the Jacobsens Customs News Bulletin of 24 June 2015 for more information. You may wish to download the Jacobsens Customs News Bulletin of 17 June 2015 for more information. This is available for download on www.jacobsens.co.za. Comments on this application was due by 26 June 2015.

Customs Tariff Amendments

With the exception of certain parts of Schedule No. 1, such as Schedule No. 1 Part 2 (excise duties), Schedule No. 1 Part 3 (environmental levies) Schedule No. 1 Part 5 (fuel and road accident fund levies), the other parts of the tariff is amended by SARS based on recommendations made by ITAC resulting from the investigations relating to Customs Tariff Applications received by them. The ITAC then investigates and makes recommendations to the Minister of Trade and Industry, who requests the Minister of Finance to amend the Tariff in line with the ITAC’s recommendations. SARS is responsible for drafting the notices to amend the tariff, as well as for arranging for the publication of the notices in Government Gazettes. During the annual budget speech by the Minister of Finance in February, it was determined that parts of the tariff that are not amended resulting from ITAC recommendations, must be amended through proposals that are tabled by the Minister of Finance. Once a year big tariff amendments are published by SARS, which is in line with the commitments of South Africa and SACU under international trade agreements. Under these amendments, which are either published in November or early in December, the import duties on goods are reduced under South Africa’s international trade commitments under existing trade agreements.

Two notices to amend the tariff were published on 3 July 2015. Under the first amendment, anti-dumping duty items 211.06/5503.20/01.06 and 211.06/5503.20/02.06 were deleted, with effect from 27 May 2015, in order to terminate the anti-dumping duties on staple polyester fibre as recommended in ITAC Report 496. The amendment was published under Notice R. 567. Under the second amendment, Schedule No 3 Part 1 was amended by the insertion of rebate item 318.03/9028.30/01.06 to create a rebate provision for certain components used for the manufacture of electricity meters - ITAC Report 494.  The amendment was published under Notice R. 568. The tariff amendments were published in Government Gazette 38925.

Customs Rule Amendments

The Customs and Excise Act is amended by the Minister of Finance. Certain provisions of the Act are supported by Customs and Excise Rules, which are prescribed by the Commission of SARS. These provisions are numbered in accordance with the sections of the Act. The rules are more user-friendly than the Act, and help to define provisions which would otherwise be unclear and difficult to interpret. Forms are also prescribed by rule, and are published in the Schedule to the Rules. Forms are also prescribed by rule, and are published in the Schedule to the Rules.

On 3 July 2015, SARS Customs published an Amendment of the Customs and Excise Rules under section 21A relating to special economic zones (SEZs). The rule amendment (DAR/156) was published on 3 July 2015 in Government Gazette 38925 under Notice R. 566. The effective date of this amendment will be on the date that the regulations under the Special Economic Zones Act, 2014 come into effect. Download the latest Customs Watch to have access to the latest tariff and rule amendments.

Contact Information:	Contact the Author:
Mayuri Govender Jacobsens Editor Tel: 031-268 3273 e-mail to: jacobsen@lexisnexis.co.za	Leon Marais Independent Customs Consultant Tel: 053-203 0727 e-mail to: leon.marais@intekom.co.za

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