PROHIBITED, RESTRICTED AND COUNTERFEIT GOODS
Many importers and exporters struggle to differentiate between prohibited & restricted goods. It’s crucially important that you understand what these categories mean and represent, if you are into import & export.
If in double please contact SARS or MM Cargo Services or your clearing agent.
The main difference between prohibitions and restrictions is that –
- prohibited goods are never allowed to enter or exit South Africa under any circumstances
- restricted goods are allowed to enter or exit South Africa only in certain circumstances or under certain conditions, for example on production of a permit, certificate or letter of authority from the relevant government department, institution or body.
SARS administers certain prohibitions or restrictions in terms of section 113(8)(a) of the Customs and Excise Act, 1964 on behalf of a number of government departments, institutions or bodies, for example the National Department of Agriculture, the South African Bureau of Standards (SABS), the South African Reserve Bank (SARB), to name a few.
Prohibitions and restrictions are not limited to goods carried by travellers, but are applicable on all modalities of transport (road, rail, air, sea, post or other). This means that products subject to any prohibitions or restrictions will be subject to those no matter in what form of package or packaging they are imported or exported.
The prohibitions and restrictions from all different government departments, institutions or bodies are incorporated in the Consolidated Lists of Prohibited and Restricted Imports and Exports, which are supplied here for ease of reference.
The list is categorised according to the tariff structure of the Harmonised Commodity Coding and Description System – commonly known as the HS Tariff or Tariff Book whereby goods are classified upon importation or exportation:
Examples of prohibited goods:
- Narcotic and habit-forming drugs in any form
- Fully automatic, military and unnumbered weapons, explosives and fireworks
- Poison and other toxic substances
- Cigarettes with a mass of more than 2kg per 1000
- Goods to which a trade description or trademark is applied in contravention of any Act (for example, counterfeit goods – see below)
- Unlawful reproductions of any works subject to copyright
- Prison-made and penitentiary-made goods
Examples of restricted goods:
- Currency: South African bank notes in excess of R25 000, gold coins, coin and stamp collections and unprocessed gold.
- Endangered plants and animals: Species of plants or animals that are listed as endangered, whether they are alive or dead. The restriction includes any parts of or articles made from them.
- Food, plants, animals and biological goods: All plants and plant products, such as seeds, flowers, fruit, honey, margarine and vegetable oils. All animals, birds, poultry and products thereof, for example, dairy products, butter and eggs.
- Medicines: Travellers are allowed to bring in no more than three months’ supply of pharmaceutical drugs and medicines for their personal use. All other pharmaceutical drugs and medicines have to be declared and have to be accompanied by a letter or certified prescription from a registered physician.
- Being in possession of or having control over counterfeit goods for the purpose of dealing therein;
- Manufacturing, producing or making of counterfeit goods, including the keeping, storing or packing thereof, other than for private and domestic use;
- Counterfeit goods being exposed for sale or being sold, hired out, bartered or exchanged;
- Counterfeit goods being exhibited in public for purposes of trade;
- Counterfeit goods being distributed for trade or other purposes;
- Counterfeit goods being imported into or through or exported from South Africa; or
- The act of dealing in counterfeit or suspected counterfeit goods.