Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P69: Export technical measures, n.e.s. 

Date when the measure came into force

21 May 2004 

Publication where the measure is specified

STAATSKOERANT, 2 APRIL 2004 No. 26181 3 GOVERNMENT NOTICES GOEWERMENTSKENNISGEWINGS 

Regulation where the measure is specified

MARKETING OF AGRICULTURAL PRODUCTS ACT, 1996 (ACT No. 47 OF 1996) 

Country/Region applying the measure

South Africa 

The rationale of the measure

The aim and objectives of this statutory measure are to compel any person directly and indirectly involved in imports and/or exports (e.g. end-consumers, importers, starers, exporters, processors, including any person, e.g. a producer, trader, transporter, agent,etc. who acts in the capacity of the aforementioned persons) of maize and/or wheat to keep records and submit returns to SAGIS. The statutory measure is deemed necessary in order to ensure that accurate import and export information in respect of maize and/or wheat is made available more frequently to all role-players and decision makers in the grain industry.
This statutory measure is deemed necessary to:
• Obtain complete and reliable information; and
• Assist the more efficient and effective planning, risk management and marketing of maize and/or wheat for food security.
SAGIS was specifically established for the purpose of handling information, gathering, processing and dissemination on behalf of the various cereal and oil seed industries in South Africa. This statutory measure will be administered by SAGIS but as a task separate to its main task of monthly national marketing information. SAGIS publishes macro maize and wheat import and export information on a regular basis for the grain industry and other interested parties. This information is obtained and furnished from the returns submitted to SAGIS. The information gathered by SAGIS by means of records and returns is available free of cost on SAGIS's website. This allows interested parties access whenever they need the information 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

Records to be kept by end-consumers, importers, starers, exporters and processors of maize and/or wheat
5. (1) Each end-consumer, importer, storer, exporter and processor of maize and/or wheat shall keep complete records for each week (Saturday to Friday) in respect of maize and/or wheat imported or exported by him. These shall also include any person, e.g. a producer, trader, transporter, agent, etc. who acts in the capacity or on behalf of the aforementioned persons.
(2) Each person mentioned in sub clause (1), irrespective of whether or not he has premises, shall keep the following records:
(a) Imports- in respect of imported maize and/or wheat, records shall be kept of:
(i) Name and address of importer and/or person on whose behalf imports are made.
(ii) Quantity of maize and/or wheat imported per country of origin.
(iii) Quantity of imported maize and/or wheat destined for: (aa) consumption in South Africa.
(bb) exports per country of destination in Africa.
(cc) exports per country of destination overseas.
(iv) Name of border post through which maize and/or wheat was imported.
(v) Name and address of the first premises where maize and/or wheat, imported through a border post, was handled.
(vi) Name of harbor and owner of harbor premises where the imported maize and/or wheat was handled.
(vii) Name and particulars of the vessel in which maize and/or wheat was imported.
(b) Exports- in respect of maize and/or wheat that is exported, records shall be kept in respect of:
(i) Name and address of the exporter and/or the person on behalf of whom the export took place.
(ii) Quantity of maize and/or wheat exported per country of origin namely:
(aa) Produced in South Africa.
(bb) Imports per country of origin in Africa.
(cc) Imports per country of origin overseas.
(iii) Quantity of maize and/or wheat exported per land of intended destination.
(iv) Name and address of the last premises from where maize and/or wheat was dispatched to a border post.
(v) Name of border post through which maize and/or wheat was exported.
(vi) Name of harbor and owner of harbor premises where the exported maize and/or wheat was handled.
(vii) Name and particulars of the vessel in which maize and/or wheat was exported.
(3) Records mentioned in sub clauses (1) to (2) shall be -
(a) kept separately in respect of maize and/or wheat;
(b) recorded on a computer or in ink in a book; and
(c) kept at the head office or usual place of business of the person who is required to keep it for a period of at least four years after the end of the period in respect of which such records were kept.
Returns to be submitted by end-consumers, importers, starers, exporters and processors of maize and wheat
6.(1) Every end-consumer, importer, storer, exporter and processor of maize and/or wheat shall, before noon, on a Monday of every week, or in the case of public holidays on a Monday, the first working day of the week, submit to
SAGIS an accurate return in respect of his maize and/or wheat imports and/or exports. These shall also include any person, e.g. a producer, agent, trader, transporter etc. who acts in the capacity of the aforementioned persons.
(2) The returns, as available at SAGIS’ offices, shall be submitted for the physical exports and imports that realized during the period stated in clause 5(1).
(3) The return shall be transmitted electronically to:
The fax number or e-mail address as furnished on the official return forms or as specifically requested by SAGIS.
(4) The return shall be transmitted electronically to reach the general manager of SAGIS before or on the deadline date mentioned in sub clause (1).
(5) A zero return shall be submitted if no maize and/or wheat was handled, imported or exported during the period of the return. 

Reference of the measure

Section 5 & 6 

Measure also domestic

Yes 

Products affected by the measure.

Description

Maize and Wheat 

Countries/Regions affected by the measure.

Description

All countries