Articles
Compliance with ISPM15
Shepstone & Wylie have recently acted in a matter where a vessel was refused entry to USA ports on the grounds of non-compliance of wood packaging materials with the International Standards For Phytosanitary Measures No. 15 (ISPM 15).
Michael Asherson to Join Shepstone & Wylie in November 2018
We are delighted to announce that Michael Asherson will be joining our Shipping & Logistics team in Durban as a Partner on 1 November 2018.
Customs Requirements for South African Travellers - Media Release from SARS
Latest information from SARS regarding Customs requirements for travellers returning with personal valuables
The Chinese (COSCO) heavylift semi-submersible XIAN RUI KOU arrived in Durban on 21 April 2018
The Chinese (COSCO) heavylift semi-submersible XIAN RUI KOU (IMO 948 3102) arrived in Durban on Saturday morning after a day or two spent at the outer anchorage.
Not So Sweet
As most people are aware, the Sugary Beverages Levy (“SBL”) will come into effect on 1 April 2018 and applies to consumers, manufacturers and importers of sugary beverages. It is a new Health Promotion Levy introduced in support of the Department of Health’s deliverables to decrease diabetes, obesity and other related diseases in South Africa.
Bribery and Corruption: Importer vs Agent Liability
There are many third-party business relationships the word over where bribery and corruption have been found. It is imperative that importers make use of third-party agents that they trust, and agents that have implemented strong anti-bribery and corruption practices across their business.
Cybersecurity Risk Exposure and Management: How Safe is Your Company From Cyber Attacks?
Cybercrime is an increasing global threat which has caused substantial damage over the years to public and private companies such as Maersk, Google, Yahoo, Rosneft, FedEx and Telkom. Cybercrimes can take the form of data loss, data breaches and data ransom.
Customs Update - Reporting of Conveyances and Goods
As has been widely publicized, licensing and registration is no longer going to be introduced as the first phase of implementation of the new Customs Legislation.
SARS Annual Performance Plan 2017 and 2018
It is advisable to ensure that those licensed and registered with Customs and Excise are fully compliant with the current legislation and that each movement of goods is secured by way of a clear paper trail.
Imported Goods: The Price Reference Tool Dilemma
SARS officials on the ground have lost sight of the fact that the reference index is only a tool and not a method of valuation
Landmark Judgment: Package Limitation Under the Hague-Visby Rules
The recent landmark judgment of Kyokuyo Co Ltd v A P Moller-Maersk A/S, Kyokuyo considered, for the first time, package limitation for containerised cargoes under the Hague-Visby Rules. The court also considered the applicability of the Hague-Visby Rules where waybills were issued instead of bills of lading.
Can a Contract Continue to Bind Parties, Despite There Being Change in the Legislative Regime that Governs it?
The case of Transnet Soc Limited v Total South Africa (Pty) Ltd and Another raised the Q: Can a contract between the former Government of SA and Total South Africa continue to bind Transnet despite the change in legislative regime that governs the transport and conveyance of fuel in South Africa?
Demurrage on Late Turn In of Containers
A recent case sounds a warning to shippers/ consignees who may be liable to the carrier for demurrage on the late turn in of containers.
Transnet Under the Spotlight: Investigated for Excessive Port Prices and Exclusionary Practices
On Thursday 7 July 2016, the Competition Commission announced that it was investigating Transnet for various abuses of dominance including excessive port prices and various exclusionary practices. The investigation is long overdue and to be welcomed.
New Container Weight Verification Requirements in terms of the Safety of Life at Sea Convention (SOLAS)
Overview of SAMSA Guidelines
Customs & Excise: SARS Guidelines Are Not Binding
Where the Customs & Excise Act provides that Customs must conduct itself in a certain manner, then it is irrelevant if an official has interpreted the Act differently in a guideline.
Marine Insurance Breached Warranties and the Merchant Shipping Act
A summary of the case of Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co. Ltd.
Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance
The SCA upheld an appeal by the owners of the fishing vessel Lindsay against Mutual and Federal Insurance Ltd ("M&F") for payment of R3.99 million under a marine insurance hull policy.
SARS March Madness
This is an urgent alert to all businesses. Many of you may have any potential outstanding amount (albeit that they are disputed) that is due to Customs or the Revenue section of SARS. We have already from the customs side seen the start of a drive for collection of revenue by SARS.
Is There a Catch in CFR or CIF Incoterms
While the Incoterms 2000 is an extremely valuable tool in international trade, the CFR ("Cost of Freight") and CIF ("Cost Insurance and Freight") terms sometimes give rise to unexpected consequences.
The Time Limit for a Review of Administrative Action
The newly reported judgement in Tasima (Pty) Ltd v Department of Transport (792/2015) [2015] ZASCA 200 (2 December 2015) highlights some interesting aspects regarding the review of administrative actions.
Proposed Changes to the Customs Duty Deferment Scheme, what is happening now?
The proposed changes are SARS’ attempt at achieving comparable fiscal neutrality through amending the deferment period to align it with the VAT period. Business is concerned about the impact that changing the deferment period will have on cash flow. For customs brokers, for example, the payment date for SARS would now coincide with all other vendor payments, increasing cash flow requirments at month end. Also, the ability to allow customers a few extra days to settle accounts becomes greatly diminished. There are also questions around the status of approved deferment applications when / if SARS decides to implement the proposed changes.
Government Revenue Shortfall Rings the Alarm Bells
On 17 June, Finance Minister Nhlanhla Nene stated that the South African revenue collection was poor because of weak economic growth which, in turn, had led to increased government debt accumulation. This means that South Africa is faced with a double deficit as the country’s balance of payments on imports versus exports then also results in a deficit.