Clients operating in the customs and excise environment must not forget that the Customs & Excise Act 91 of 1964 is self-regulatory, says candidate attorney Taryn Hunkin of Shepstone & Wylie Attorneys.“That means entities licensed and registered with customs are expected to know the provisions of the Act as well as the relevant regulations. Companies must know that they will potentially be penalised by customs for every contravention of the Act, no matter how minor the contravention appears to be.”She said customs was increasingly operating in an extremely difficult environment, with the financial demands placed on the South African Revenue Service (Sars) growing. “Customs is seemingly chasing every potential revenue collection avenue available to it, giving the impression that customs is purely a revenue collection agency rather than an entity whose purpose is to facilitate trade.”With this in mind, Hunkin said it was important to concentrate on supply chain efficiencies. “While regulation is good, the excessive and sometimes heavy-handed approach of the government authorities is not helping grow our economy, and is doing very little to contribute to compliance.”According to Quintus van der Merwe, a partner at Shepstone & Wylie, Sars relies heavily on the fact that the Customs and Excise Act 91 of 1964 is self-regulation. “So there is scope for those operating in the compliance arena to assist their clients in ensuring compliance with the relevant provisions of the Act,” he said.While the legal regulations within the import/export supply chain are becoming more and more stringent, the sector continues to function and move forward. With the main industry bodies being as strong and capable as they are, the outlook for the customs and excise sector is good, says Van der Merwe.“The value of the rand generally favours exports. It has been fairly volatile – and since the Ukrainian conf lict, we have seen it perhaps unexpectedly gain strength. This may provide short-term opportunities, but the long term makes it difficult to forecast the trends a ccurately.”According to Van der Merwe, over the past few years, the company’s team has grown to include former Sars officials who have brought with them a wealth of knowledge and experience. “We have begun doing more and more work in the trade remedies arena, assisting our clients in tackling both the International Trade Administration Commission and the Department of Trade, Industry and Competition on the legality of recent decisions taken by these institutions,” he said
