105 years old, since 1910.
28 March 2017

1910 Southern African Customs Union (SACU) Agreement

Department of Commerce And Industries

The following Government Notice is for General Information

J.W. HONEY,
Acting Commissioner for Customs.

Department of Commerce and Industry,
Pretoria, 30th July 1910

No. 274 23rd July 1910.

The following Customs Agreement between the government of the Union of South African and the Territories of Basutoland, Swaziland, and Bechuanaland Protectorate is published for general information:

CUSTOMS AGREEMENT.

UNION OF SOUTH AFRICA — TERRITORIES OF BASUTOLAND, SWAZILAND, AND THE BECHUANALAND PRECTORATE.


1910

WHEREAS it has been agreed to terminate from the 30th of June next the Custom Union Convention which at present exists between the Cape of Good Hope, the Orange River Colony, Natal, the Transvaal, and Southern Rhodesia, and which includes the Territories of Basutoland, Swaziland, and North-Western Rhodesia, and the Protectorate of Bechuanaland;

And whereas it is desirable that an agreement should be entered into between the Government of the Union of South Africa ( hereinafter referred to as the Union) and the Territories of Basutoland, Swaziland, and the Bechuanaland Protectorate (hereinafter referred to as the Territories ) under which :

a) The territories shall maintain a tariff similar to that which exists in the UNION Of South Africa ;
b) An equitable share of the duties collected on goods passing through the Union to the Territories shall be paid over to them, and vice versa;
c) There should be a free interchange of South African products and manufactures between the Union and the Territories.

Now, therefore, His Excellency the Governor-General of the Union and His Excellency the High Commissioner for and on behalf of the Territories of Basutoland, Swaziland, and the Bechuanaland Protectorate, have agreed on behalf of their respective Governments upon the following articles:

ARTICLE 1

The Customs Union Tariff, as it at present exists, shall be maintained between the contracting parties until altered by legislation enacted by the Union or the Territories.

Provided that portion of the Union known as the Province of the Cape of Good Hope shall, notwithstanding anything contained herein, be entitled to levy the surtax now existing on spirits, patent medicines and cigarettes imported from abroad and entered for consumption in that Province.

ARTICLE 2

1. There shall be a free interchange of the products and manufactures of the Union and the Territories with the exception of spirits and beer, the duties of Customs and Excise on which shall be subject to the following provisions:

a) In the case of spirits distilled from the product of the vine the duty shall not exceed 9s. per proof gallon, with an allowance for under proof down to 7s. 6d. per gallon.
b) In the case of other spirits the duty shall be leviable at no lower rate than the above, and at no higher rate than that imposed ob spirits imported from abroad.
c) In the case of beer the duty shall be leviable at a rate not exceeding 4d. per gallon.

2. That portion of the Union known as the Province of the Cape of Good Hope shall, notwithstanding anything contained herein, be entitled to levy the special Excise duties or equivalent Customs duties on patent medicines and cigarettes manufactured locally and intended for consumption in that Province.

ARTICLE 3

The adjustment of duties between the parties to this Agreement shall no longer depend upon specific documents and consignments, but shall be determined on the basis laid down in section twelve of the Schedule to the South Africa Act, 1909, which for reference is herein quoted, provided that adjustments shall be made quarterly instead of annually.

“There shall be paid into the Treasury of the Union all duties of Customs levied on dutiable articles imported into and consumed in the Territories, and there shall be paid out of the Treasury annually towards the cost of administration of each Territory a sum in respect of such duties which shall bear to the total Customs revenue of the Union in respect of each financial year the same proportion as the average amount of the Customs revenue of such Territory for the three completed financial years last preceding the taking effect of this Act bore to the average amount of the whole customs revenue for all the Colonies and Territories included in the Union received during the same period”

ARTICLE 4

The Territories shall, as far as possible, conform to the laws and regulations for the time being in force within the Union in respect to refunds, rebates, abatements, suspensions, methylation, prohibitions, removals in bond or otherwise, and interpretations of the Tariff.

ARTICLE 5

Nothing in this Agreement shall in any way prevent the importation free of duty into that of the Union known as the Transvaal Province for consumption therein of the products and manufactures of the Province of Mozambique as provided for in the Convention between the Government of the Transvaal and the Government of the Province of Mozambique, it being understood, however, that the Government of the Union will take the necessary steps to prevent the removal of any such goods to the Territories unless due entry and payment of duty, if any has been made.

ARTICLE 6

This Agreement shall operate from the 1st July next, and the provisions thereof shall continue in force until the 30th June 1911, and thereafter for periods of twelve months, provided that any party to this Agreement may give not less than three months notice before the 30th of June of any year of its intention to retire therefrom as from the 30th of June following such notice, but provided further that should the Legislation of the Union at any time amend the Customs Tariff or take any steps in conflict with the spirit and intent of this Agreement, any of the Territories shall be at liberty to retire therefrom forthwith; and similarly should any of the Territories amend the Customs Tariff or take any steps in conflict with the spirit and intent of this Agreement, the Union shall be at the liberty to retire therefrom forthwith.

Given under my Hand and Seal at Potchefstroom this Twenty-ninth day of June, One thousand Nine hundred and Ten.

GLADSTONE
Governor-General
Given under my Hand and the Public Seal of Basutoland at Potchefstroom this Twenty-ninth day of June, One thousand Nine hundred and Ten.