The past three years have seen a number of fundamental changes to the Customs environment under the Customs Modernisation Programme.
The Customs Bills, after having undergone an extensive consultation process, were recently submitted to Parliament. One of the major aims of the Bills is to create a balance between customs control and trade facilitation. As part of the overall policy review to achieve this aim, SARS reviewed its current policy of allowing goods to move on the basis of a manifest to inland terminals such as City Deep.
Currently, the Customs and Excise Act, 1964, allows container operators to move containers in bond from a port of entry (e.g. the port of Durban) to an inland container terminal (e.g. City Deep) without submitting a customs clearance declaration. The containers are moved on the basis of a manifest. No security is required and liability for the removal rests with the container operator. After the arrival of the goods at the inland container terminal, the importer will clear the goods for another permissible customs procedure or for home use and pay the duties.
This current position does not provide SARS with adequate information to determine any possible safety, security, fiscal and economic risk in relation to these goods before they are transported inland. No value is declared on the manifest and only a general description of the goods is provided. This lack of information on a manifest therefore does not promote the application of efficient and effective customs controls and risk management at the port of entry, potentially allowing high risk goods to move inland.
To address this deficiency, clearance at the first port of entry envisaged in the Customs Control Bill will require a declaration of the true value of the goods and duties and taxes that are to be paid. In addition the origin of the goods, as well as a clear description of the goods as per the Harmonised Commodity and Coding System (HS Code), will have to be declared. The HS Code will indicate whether the goods pose a fiscal or economic risk or a safety and security risk to society.
The inclusion of the origin, HS code and true value on the declaration would thus facilitate electronic data processing which contributes to effective risk management and customs control. A further benefit of a declaration is that the person who submits the declaration subscribes to the correctness of the information. This person will be in South Africa and action can be taken against such person if necessary.
Notwithstanding wide consultation on this matter there still remains a misunderstanding about the implementation of this policy.
Just to clarify, SARS will not mandate inspection of all goods at the port of entry and has no intention to increase inspections beyond available capacity in the port of Durban. Only high risk goods (which are a small percentage of imports) will be physically inspected in Durban, while medium to low risk goods (which represent the vast majority of imports) will continue to flow to inland terminals such as City Deep where they will be inspected.
SARS is aware of the benefits of inland terminals and is not averse to the retention and establishment of such terminals. The issue is the use of the manifest that does not contain sufficient information on which basis the goods are risk assessed. The effect of the change is that goods will still be able to move from Durban to City Deep without payment of duties and taxes. At City Deep the goods can be cleared for home use or a customs procedure at a later time. City deep will therefore not be closed.
This policy change will also have no impact on exports from City Deep.
Moves are afoot to follow in SARS’s tax office footsteps by having all calls to Customs offices routed to the Contact Centre. This is in line with SARS’s strategic objectives to improve our service to all taxpayers and traders.
An extensive process began last year to appoint a number of Customs staff members to the SARS Contact Centre in order to have additional trained Customs agents to handle Customs queries. At the moment there are only seven trained Customs agents in the Contact Centre, with very few calls being received. In preparation for the migration of all Customs calls to the Contact Centre, an additional 18 Customs officers are being trained as Contact Centre agents, with more in the process of being recruited.
This is the first step in a journey which will eventually see all calls to Customs offices routed to the Contact Centre – similar to what has already happened in the tax environment – in order to ensure end-to-end query resolution.
This migration of calls to the Contact Centre is expected to be piloted in the Western, Eastern and Northern Cape region before being implemented in the other regions. The pilot is earmarked for October 2013.
Calls will be resolved on a four-tier level:
In fact, the Contact Centre promise is that “your call will always be answered” and your query, if not resolved during the call, will be actioned within a turnaround time of less than 24 hours. If calls are escalated to Tier 3 level and beyond, a consultant will phone you back to discuss and follow up on your query.
Most queries are about declaration status, licensing and registration – the majority of which can be handled by the first three tiers. However, specific queries such as rulings will be forwarded directly to head office specialists. The advantage with this new system is that these can now be monitored and audited, as opposed to in the past when calls were made directly to head office specialists and there was no way of tracking them.
Capacity has also been developed in the Contact Centre to support Customs clients between 08:00 and 22:00, 7 days a week.
Roadshows recently took place in the Western, Eastern and Northern Cape to discuss the migration plan with clients. Once dates are set for the migration of calls to the remaining offices, clients in other regions will also be informed well in advance.
Disclaimer: Customs Connect is not meant to delve into the precise technical and legal detail associated with Customs. It should, therefore, not be used as a legal reference.
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