This establishes preferential rates of duty, rebates and quotas on certain goods traded between the two countries. It makes provision for the parties to negotiate and sign agreements relating to sanitary and phytosanitary SPS measures, customs co-operation and technical barriers to trade. It establishes a forum of engagement on any matters of mutual interest, including capacity-building and trade and investment promotion. South Africa is a member of the G20 group of countries. Trade negotiations 3.
What are the authorities responsible for negotiating trade agreements? How long does it usually take to conclude a trade deal with your country?
The main authorities responsible for negotiating trade agreements are the:. Department of Trade and Industry.
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Department of International Relations and Cooperation. Trade negotiations take a long time. Does your country apply interim rules during trade negotiations? For example, Article of the Trade Development and Cooperation Agreement between South Africa and the EU provided for the provisional application of that Agreement pending the completion of constitutional processes applicable to each country to bring it into force. Supply of services 5.
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Is your jurisdiction a party to international agreements on cross-border trade in services? South Africa is a party to international agreements on cross-border trade in services, including the:. South Africa is not participating in the negotiations of the TiSA. What domestic legislation and international rules apply to the supply of financial services, legal services and retail sales in your jurisdiction?
What are the main requirements that suppliers must comply with? Financial services Legislation governing the cross-border supply of financial services includes the following:. Immigration Act 13 of Nationality and residency requirements. South Africa's Immigration Act applies strict general work visa requirements. General work visas are issued to foreign nationals where it can be shown that South African citizens and permanent residents with the relevant qualifications or skills and experience are not available for a particular employment position.
General work visas are valid for the duration of the contract of employment or a period not exceeding five years. The FATF is an inter-governmental body established in by its member countries.
The objectives of the FATF are to set standards and promote the effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the integrity of the international financial system. It has recommended that all countries consider domestic and foreign politically exposed persons and heads of international organisations as part of their approach to combatting money laundering and the financing of terrorist activities.
The most recent amendment to the FICA involves dealings with politically exposed, prominent or influential people and their families and close associates. The amendment requires financial institutions to:. Monitor the activities of these persons. Obtain senior management approval to establish business relationships with these persons. Establish the source of funds for transactions involving these persons.
Authorisation and registration procedures. Under the Companies Act, a foreign company that conducts, or intends to conduct, business in South Africa must register as an "external company" with the Companies and Intellectual Property Commission. A foreign or external company means a company incorporated outside South Africa. Under the Pension Funds Act, all beneficiary pension funds established after must be registered.
However, the Pension Funds Act does not apply if the head office of the association that carries on the pension fund business, or the head office of all employers that are parties to such fund, is outside South Africa exempt business , and provided that the following requirements are met:. The Registrar of Pension Funds Registrar is satisfied that the fund rules applicable to members resident in South Africa are not less favourable than those applicable to members resident outside South Africa, taking into consideration the differences in the conditions of service.
The Registrar is satisfied that adequate arrangements exist to ensure the financial soundness of the fund. The fund provides such security as the Registrar may from time to time require for the payment of any benefits that may become payable to members resident in South Africa and who are South African citizens, or the fund otherwise satisfies the Registrar that it will be able to pay such benefits.
The Registrar can require any person carrying on an exempt business to submit returns and information in connection with that business. Legal services Regulatory framework. The regulation of the South African legal services sector is in a period of transition. The new legislation, the Legal Practice Act , had a very long gestation, having first been proposed in by the Minister of Justice and Constitutional Development.
Not all sections of the Legal Practice Act are in force and, as a result, this Act co-exists with the Attorneys Act among other laws. Main requirements. The Attorneys Act currently sets out the requirements to practise as an attorney in South Africa. Citizenship of South Africa or permanent residency is required and a candidate must pass a local examination to obtain a licence to practise law. There are specific criteria that foreign or foreign qualified persons must comply with to be admitted as attorneys, for example:.
Foreign nationals cannot be admitted as attorneys unless they previously practised in a designated country. The prescribed academic qualifications must have been obtained from a university in a designated country. The Legal Practice Act also restricts the ability of foreign legal practitioners to appear in the South African courts or to practise as legal practitioners. Retail sales Regulatory framework. The main purpose of South African legislation applicable to retail sales is to protect consumers. Under the CPA, the Minister of Trade and Industry can prescribe that certain categories of goods are required to have a "trade description" applied to them.
The producer or importer of any such goods must apply a trade description to the goods and disclose the country of origin of the goods and any other prescribed information. The CPA imposes strict liability on the producer or importer, distributor or retailer of any goods for any harm caused, wholly or partly, by unsafe goods or any defect or hazard in the goods.
Are there restrictions on market access for specific services sectors? The provision of legal services is subject to certain restrictions see Question 6, Legal services. The accounting and the auditing professions are also regulated. A person must be resident in South Africa to acquire a practising licence. Imports Customs authority. What is the authority responsible for enforcing customs laws and regulations?
The Customs and Excise Act also provides for criminal sanctions in the form of a fine, imprisonment, or both. It also co-operates with other bodies involved in import and export controls in respect of certain categories of products. For more information see: www. Import duties, tariffs and rates. What are the main customs import tariffs and duties? General tariffs and rates General import most favoured nation duties are applied ad valorem for most products at an average 6.
Specific duties also apply, but mostly for agricultural products.
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The applicable general import duties can be accessed at: www. Non-tariff barriers to imports. Are there non-tariff barriers to imports into your jurisdiction? South Africa imposes certain non-tariff barriers. For example:. An import permit is required for used or second-hand goods. South Africa has agreed to a tariff-rate quota with the US to allow the import of 65, tons per year of bone-in chicken leg quarters free of anti-dumping duties. Half of the quota is reserved for historically disadvantaged individual importers. Imports of certain goods, such as cement and certain electronic products, require a letter of authority from the National Regulator for Compulsory Specifications.
Can customs decisions and import restrictions be challenged?
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Customs decisions and import restrictions can be challenged. The judicial review of administrative decisions and decisions involving the exercise of public power is a well-established practice in South Africa. As a general rule, the South African courts have held that the exercise of public power or administrative action is subject to judicial review. Under the PAJA, a party wishing to have an administrative decision set aside must institute judicial review proceedings within days from the date on which it was informed, or became aware, of the decision and the reasons for it. A party can, within 90 days after the date on which it became aware of an administrative decision, request the decision-maker to provide written reasons for his or her action.
The Customs and Excise Act provides for an appeal mechanism that can be used as an alternative to judicial review. A decision of a customs officer can be appealed to the relevant appeal committee.
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A party that is not satisfied with a decision of an appeal committee can lodge an application for alternative dispute resolution ADR with the relevant appeal committee. The committee will add its comments to the application and forward the application to the ADR Unit. Other regulatory bodies, such as the South African Council for the Non-Proliferation of Weapons of Mass Destruction, do not have an internal appeal mechanism but consider voluntary disclosures and representations.
Trade remedies Regulatory framework.