The China External Trade Development Council and the South Afri-
can Chamber of Business (hereinafter referred to as "THE PARTIES
"), have agreed to organize by means of the present Protocol, a
system of international customs deposits in respect of import d-
uties chargeable on the temporary admission of goods in the cus-
toms territories within their areas of competence, when such go-
ods are covered by a customs carnet, (hereinafter referred to as
a "ROCSA carnet").
The present Protocol relates to the temporary admission of all
goods which can circulate freely for international trade purpos-
es under the AGREEMENT between THE GOVERNMENT OF THE REPUBLIC OF
CHINA and THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA on the
ROCSA GARNET for the temporary duty-free admission of goods, wh-
ich Protocol was signed on behalf of THE PARTIES on the 9th day
of August, 1991 (hereafter referred to as "THE AGREEMENT") and
according to the modalities set forth therein.
FOR THE PURPOSES OF THE PRESENT PROTOCOL:
Article 1
(a) the term "import duties" means customs duties and all other
duties and taxes payable on or in connection with importati-
on, and shall include all internal taxes and excise duties
chargeable on imported goods, but shall not include fees and
charges which are limited in amount to the approximate cost
of services rendered and which do not represent an indirect
protection to domestic products or a taxation of imports for
fiscal purposes;
(b) the term "temporary admission" means temporary importation
free of import duties in accordance with the conditions laid
down in THE AGREEMENT or by the national laws and regulatio-
ns of the country of importation;
(c) the term "transit" means the conveyance of goods from a cus-
toms office in the territory of temporary admission or tran-
sit of a PARTY signatory of the present Protocol to another
customs office within the same territory, in accordance with
the conditions laid down in the national laws and regulatio-
ns of the contracting PARTY;
(d) the term "customs carnet" means the document hereinafter re-
ferred to as a ROCSA carnet and reproduced as annexure 1 to
the present Protocol of which it is an integral part;
(e) the term "guaranteeing association" means a Chamber of Comm-
erce or an organization of Chambers of Commerce or any other
organization or Council which
(i)- has been approved by the customs authorities of its cou-
ntry to guarantee payment of the import duties owed to
them in respect of goods covered by ROCSA carnets
(ii)- has organised with the Chambers of Commerce of its area
or with other associations or other organizations or Co-
uncils a national guarantee system enabling them to del-
iver ROCSA carnets.
(f) the term "person" means both natural and legal persons, unl-
ess the context otherwise requires.
Article 2
The undersigned guaranteeing associations declare that ROCSA ca-
rnets issued under their responsibility are delivered in accord-
ance with the articles laid down in THE AGREE MENT.
The guaranteeing associations will keep each other informed of
the operations of temporary admission or transit in respect of
which they accept to guarantee ROCSA carnets.
Article 3
When they have been approved by their national customs authorit-
ies for the purpose of guaranteeing the payment of import duties
in respect of goods coming under the present Protocol, the sign-
atories of the Protocol shall guarantee the payment of import
duties in respect of goods dispatched by their nationals to cou-
ntries covered by said Protocol.
However, such approval can only be given to one guaranteeing as-
sociation in each country.
In countries where there are exchange control regulations, the
guaranteeing associations shall not be entitled to give their g-
uarantee unless their exchange control office has undertaken to
authorise all transfers necessary for the settlement of debts c-
ontracted vis-a-vis other guaranteeing associations on account
of such guarantees.
Article 4
The period of validity of the ROCSA carnet shall not exceed one
year as from the date of delivery of any carnet.
Article 5
The conditions for the grant of its guarantee shall be freely d-
etermined by each PARTY. When the guarantee is granted, the aut-
horised guarantor organization shall affix its visa in accordan-
ce with a model form confirmed by both PARTIES (see annexure 2)
on the ROCSA carnet before issuing it to the bearer.
Article 6
The guarantee granted shall be surety for the payment of import
duties which would be due to the customs authorities of the tem-
porary admission country in the event of the goods introduced in
the said country not being re-exported within the prescribed pe-
riod. The guarantee shall further cover, up to 10% of the amount
of import duties, the payment of any other sums which would have
had to be deposited by the importer if there had been no guaran-
tee.
Article 7
When the goods covered by the guarantee granted by a signatory
of the present Protocol, duly approved in the county of origin,
are introduced into one country of destination, the guarantee of
the guaranteeing association approved by the customs authorities
in the latter country shall immediately and automatically be su-
bstituted for the original guarantee.
Article 8
Should the goods covered by the guarantee not be duly re-export-
ed from the importing country of temporary admission within the
prescribed period, and thus become liable for import duties, the
guaranteeing association of the said country shall pay the impo-
rt duties owed to the creditor customs administration.
The guaranteeing association which will have thus settled the i-
mport duties in respect of goods covered by the guarantee shall
request the guaranteeing association which granted the initial
guarantee to refund the duties paid on behalf of the importer.
Article 9
Calls for repayment shall be accompanied by proof of payment (c-
ustoms receipts in original or duly certified photocopy).
Repayments shall be made within two months after receipt of pro-
of of payment.
Claims for refunds shall relate to the duties paid in the natio-
nal currency to the creditor Customs Administration and not to
such duties expressed in another currency. Transfer of funds sh-
all accordingly then be made in the currency of the country rai-
sing the claim for payment.
Article 10
Any infringement of the present Protocol by either of the PARTI-
ES may render this Protocol avoidable at the instance of the ag-
grieved PARTY, and subject to re-negotiation of an acceptable s-
ubstitution.
Article 11
All differences, disputes or contestations between the undersig-
ned guaranteeing associations in connection with the application
of the provisions of the present Protocol shall, upon failure to
reach agreement thereon, be finally settled under the Rules of
Conciliation and Arbitration of the International Chamber
of Commerce by one or more arbitrators appointed in accordance
with the said Rules.
Article 12
This Protocol shall come into force on the date of signature th-
ereof and shall remain in force until the expiry of 90 days from
the date on which either of the PARTIES shall have given the ot-
her PARTY notice in writing of its intention to terminate the P-
rotocol.
Any revision of this Protocol, or the termination thereof, shall
be effected without any prejudice to any rights or obligations
accruing or incurred under this Protocol prior to the effective
date of such revision or termination.
In witness whereof the undersigned, being duly authorized by the
customs authorities of their respective countries, have signed
this Protocol.
Done in duplicate, in the English and Chinese languages, however
, in case of any divergence of interpretation, the English text
shall prevail.
On this 31st day of July, 1991 and on this 9th day of August, 19
91.
(Signed)
AGUSTIN TINGTSU LIU
SECRETARY GENERAL
CHINA EXTERNAL TRADE
DEVELOPMENT COUNCIL
IN TAIPEI
(Signed)
RAYMOND W. K. PARSONS
DIRECTOR GENERAL
SOUTH AFRICAN CHAMBER OF
BUSINESS
IN JOHANNESBURG