Proposed changes tracked
DRAFT ANNEX B
NATIONAL BODIES
1. Definitions and interpretation
1.1 A reference in this Annex to the Agreement, or an Article by number, is a reference to the Agreement establishing SACU, signed on 21 October 2002 or an Article in said Agreement, respectively.
1.2 In this Annex, unless the context indicates otherwise -
"Board"
"customs tariff" includes customs duties, anti-dumping duties, countervailing duties, safeguard duties, rebates of customs duties, refunds of customs duties and drawbacks on customs duties, and the provision for rebate certificates issued in terms of industrial development programmes in force in the Common Customs Area from time to time, but excludes any duties, rebates, refunds and drawbacks referred to in Article 21;
"National Body" means a National Body established or an institution designated by a Member State in accordance with Article 14; and
"person" includes -
(c) any body of persons corporate or unincorporate.
1.3 This Annex must be interpreted -
(a) In a manner that is consistent with, and gives effect to the objectives set out in Article 2; and
(b) In a manner that is consistent with the purposes and intent of the Agreement.
2. National Bodies standing to appear before SACU institutions
2.1 A National Body may refer customs tariff related matters and other related SACU matters to the Board, has standing to appear before the Board and make representations to any other SACU institution, subject only to -
(a) The authority granted to that National Body by the relevant Member State; and
(b) The rules that [may] govern the procedures of the relevant SACU institution.
2.2 Each Member State shall require its National Body to comply with SACU procedures where applicable.
3. Notice to the Secretariat
3.1 Each Member State shall require its National Body to notify the SACU Secretariat of -
(a) Every request, served in terms of each Member States'relevant legislation and regulation, for customs tariff changes, or other related SACU issues, received by it as contemplated in paragraph 1 of Article 14 on a monthly basis; and
(b) The National Body's disposition of each such request.
3.2 The SACU Secretariat shall compile notices received by it in terms of subparagraph 1, and shall forward each such notice to the National Body of each Member State and the Board within 2 working days after having received the notice from the National Body referred to in subparagraph 1.
3.3 National Bodies must furnish the Secretariat with the necessary information relating to the names of contact persons, their postal and street addresses, electronic mail addresses, telephone and facsimile numbers to ensure quick, effective and efficient communication between the Secretariat, National Bodies and the Board, and National Bodies must ensure that the information is kept up to date.
3.4 The Secretariat shall circulate the information referred to in subparagraph 3 amongst the National Bodies of SACU and ensure that the information is kept up to date.
4. Tariff investigations and recommendations
Each Member State shall require its National Body as soon as possible as soon as possible to -
(a) Investigate and evaluate a request for customs tariff changes received from persons in its area;
(b) Report to the Tariff Board through the Secretariat on the investigation and evaluation contemplated in subparagraph (a) and recommend that the request be approved, or approved with amendments, or rejected; and
(c) Ensure that the format of, and the information contained in such report, evaluation and recommendation conform to the standards and requirements agreed on between the Member States and the Board from time to time.
5. Information exchange
Each Member State shall -
(a) Require its National Body to provide, within a reasonable period of time, information to the SACU Secretariat, or one or more Member States as required in terms of, or in the spirit of the SACU Agreement, or procedures established in terms of the SACU Agreement when information relevant to SACU is requested, is domestically available and may in accordance with domestic legislation be disclosed; and
(b) Grant authority to its National Body to -
(i) Request information from the SACU Secretariat, or one or more Member States, as permitted in terms of the SACU Agreement or in the spirit, or procedures established in terms of the SACU Agreement:; [Provided that such information is relevant to the effective operation of SACU]; and
(ii) Exchange information with the National Body of any Member State, subject only to domestic legislation related to the disclosure of information and provided that such information is domestically available.
6. Co-operative activities
Each Member State shall grant authority to its National Body to-
(a) Engage with an institution of SACU, or the National Body of one or more of the Member States in co-operative activities of customs tariff related investigations, research, publication, education, staff development and training;
(b) Engage with an institution of SACU or the National Body of one or more of the Member States in staff exchanges or secondments;
(c) Provide technical assistance or expertise to, or request such assistance from, an institution of SACU or the National Body of one or more of the Member States; and
(d) Co-operate with a Member State or its National Body to ensure that the objectives of restrictions or prohibitions on the importation or exportation of goods in force in the area of such Member State are attained.
7. Investigation requests by the Board or National Body
7.1 Each Member State shall grant authority to its National Body to -
(a) Receive requests from the Board to -
(i) Evaluate a recommendation made to the Board by another Member State or its National Body; or
(ii) Investigate and compile information available domestically concerning such a recommendation;
(b) Receive requests from the National Body of another Member State to -
(i) Evaluate an application for customs tariff amendments received by that other Member State; or
(ii) Investigate and compile information available domestically concerning such an application; and
(c) Make requests contemplated in subparagraph (b) to the National Body of other Member States.
7.2 Each Member State shall require its National Body to -
(a) Evaluate every application or recommendation received by it on a request referred to in subparagraph 1(a)(i) or 1(b)(i), and make a recommendation to the Board or the National Body concerned, as the case may be; and
(b) Conduct an investigation into, or compile information available domestically regarding a matter that is the subject of a request referred to it in terms of subparagraph 1(a)(ii) or 1(b)(ii), and submit a report to the Board or the National Body concerned, as the case may be.
8. Consideration of Imposition of Trade Remedies imposition of trade remedies [alleged dumping and subsidised exports]
8.1 When considering and recommending duties or measures relating to trade remedies, National Bodies must ensure that procedures followed and subsequent recommendations to the Board are consistent with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-dumping Agreement), the Agreement on Subsidies and Countervailing Measures and the Agreement on Safeguards, concluded in the WTO, and consistent with policy guidelines and procedures developed by the Council in accordance with paragraph 2 of Article 8.
8.2 Whenever a National Body receives an application for remedial action (anti-dumping, countervailing measures and safeguards) against the importation from outside the Common Customs Area of goods that are allegedly being dumped or subsidised, such National Body may decide whether it will initiate an investigation into the allegation. If it so decides, the National Body must notify the Secretariat of the application and its intention to investigate the matter. [The Secretariat must notify the Board and the other Member States' National Bodies within two working days of such application. If the National Body, which has received the original application has sufficient information to establish a prima facie case that dumping or subsidising is taking place and causing material injury to the SACU industry involved, it may request its customs authorities to impose a provisional payment on the imported goods being dumped or subsidised. The National Body concerned must notify the Secretariat of the imposition of such provisional payment. The Secretariat must within two working days after having received the notification inform the Board and National Bodies in all the other Member States of the provisional payment and such Member States must at the earliest possible time impose the same provisional payment on the goods imported from the specified country or countries or supplier or suppliers, as the case may be. Subject to subparagraph 1, the provisional payment must be implemented by all Member States until -]
[the National Body which has initiated an investigation, has finalized it and has sent a report to the Board containing its recommendations;]
[the Board has recommended an anti-dumping or countervailing duty, as the case may be, to the Council; and]
[the Council has approved or rejected the implementation of a definitive anti-dumping or countervailing duty, as the case may be.]
(b) Ensure that the format of, and the information contained in such report, evaluation and recommendation conform to the standards and requirements agreed on between the Member States and the Board from time to time.
(b) Ensure that the format of, and the information contained in such report, evaluation and recommendation conform to the standards and requirements agreed on between the Member States and the Board from time to time.
9. Implementation of Council decisions
It shall be the responsibility of the Customs Authorities Customs Authorities [National Bodies] of the different Member States to ensure that any amendment of the customs tariff is implemented, subject to the legislation in force in the different Member States.
10. Review Clause
Periodic reviews of this Annex shall be undertaken by the Member States in order to improve the functioning of this Annex in light of experience gained.