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WHAT WILL
SARS CUSTOMS FUTURE ROLE BE IN BORDER MANAGEMENT?
Prior to March 2003, the United States Customs Service was responsible for
the collection of duties and taxes and performed other selected border
security duties.
The United States Customs Service was merged with the border elements of the
US Immigration and Naturalization Service (which is the US counterpart of
South Africa’s Department of Home Affairs) in March 2003 as a result of the
US homeland security reorganization following the terrorist attacks on the
World Trade Centre's Twin Towers on 11 September 2001.
The new Customs administration was called Customs and Border Protection (CBP),
and the new administration now comprises the former Border Patrol section of
the US Immigration and Naturalization Service, former Immigration and
Naturalization Service Inspectors, and former border Agriculture inspectors.
The U.S. CBP is thus a single, unified border agency for the U.S. On the
other hand, the investigative office of U.S. Customs was split off and
merged with the Immigration and Naturalization Service investigative office
and the Immigration and Naturalization Service’ interior detention and
removal office to form Immigration and Customs Enforcement, which among
other things, is now responsible for interior immigration enforcement.
The pre-2003 United States Customs Service had three major missions, namely
collecting tariff revenue, protecting the U.S. economy from smuggling and
illegal goods, and processing people and goods at ports of entry.
If one studies the provisions of the Customs Control Act, 2014 (Act 31 of
2014) you will see that SARS Customs has many similar functions. These
functions include:
·
SARS Customs’ role in international trade and tourism in order to ensure
effective controls that secure revenue recovery, facilitation of legitimate
trade and protection of society at large;
·
SARS’ contribution towards the implementation of the WTO Trade Facilitation
Agreement that is due to enter into force in 2017 and the SARS’ role
contributing towards the economic competitiveness of the country while
controlling and facilitating the movement of people and goods at our
borders; and
·
SARS’ role in implementing the new legislative framework to achieve a
balance between customs control – in the broad sense – the secure movement
of goods and people into and from the Republic and the facilitation of trade
and tourism (travel).
The Minister of Home Affairs published the
Draft Border Management Agency Bill, 2015 in Government Gazette 39058
under Government Notice R. 675 of 6 August 2015.
The Border Management Bill provides for the establishment, organisation,
regulation and control of the Border Management Agency; the transfer,
assignment, and designation of law enforcement border related functions to
the Border Management Agency; and for matters connected thereto.
Agencies such as the Department of Home Affairs, the Department of
Agriculture, Forestry and Fisheries, the Department of Police, the
Department of Health, the Department of Environmental Affairs, the South
African Revenue Service and any other organ of state that administers
legislation that regulates the passage of persons and goods through ports of
entry and the borderline and their legislation will play a role in the
Border Management Agency. Many of these Acts also depend on the platform of
the Customs Control Bill for their implementation.
Section 3 of the Border Management Agency Bill deals with the purpose of the
proposed Act, which will be to establish the agency and empower the agency
to:
·
exercise border law enforcement functions;
·
manage the legitimate movement of persons and goods across the border line
and at ports of entry;
·
coordinate with other organs of state, through the principles of cooperative
governance, the functions performed by these organs of state, in respect of
border management generally; and
·
provide an enabling environment to facilitate legitimate trade.
Section 3 of the Bill should be read with the preamble of the Bill, which
states that multiple organs of the state are responsible for border
management, border protection and the protection of the national interests
of the country.
There is thus a necessity of an Act which provides for an integrated and
coordinated border management policy that facilitates secure travel and
legitimate trade, in accordance with the Constitution, international and
domestic law, in order to:–
·
contribute to the prevention of smuggling and trafficking of human beings
and goods;
·
prevent illegal cross -border movement;
·
contribute to the protection of the Republic's environment and natural
resources;
·
contribute to the facilitation of legitimate trade and secure travel;
·
ensure effective and efficient border law enforcement at ports of entry and
on the borderline;
·
contribute to the socio- economic development of the Republic; and
·
protect the Republic from harmful and infectious diseases, pests and
substances.
The establishment of border management agencies is also prescribed by the
Revised Kyoto Convention, which is one of the international instruments on
which the Customs Control Act, 2014 is based.
If you are really familiar with the functions of Customs administrations,
you will realise that SARS Customs will play a meaningful role in the
administration of the Border Management Agency.
You are advised to study the Bill and comment on the Bill by 4 September
2015.
Download the Bill at
http://www.gov.za/sites/www.gov.za/files/39058_gon675s.pdf |
