SARS Clearing Agents : South African Revenue Service

Organisation : South African Revenue Service [SARS]
Facility Name : Clearing Agents
Country : South Africa
Website : https://www.sars.gov.za/customs-and-excise/registration-licensing-and-accreditation/clearing-agents/

What is Clearing Agent?

Any person (excluding a registered agent) who lodges a Customs Clearance Declaration (CCD):

Related / Similar Facility : SARS Drawback Registration

** For reward on behalf of another Customs Client type; or
** Provides a service that includes the clearance of goods (e.g. Licensee of a Customs warehouse making CCD on behalf of the importer, exporter or owner of the goods) must license as a Customs clearing agent in terms of Section 64B of the Act.

How To Apply For Clearing Agent Licence?

Forms are required for the Clearing agent licence application
** DA 185 – Application form – Registration and licensing of Customs and Excise Clients – External Form
** DA 185.4B5 – Licensing Client Type 4B5 – Clearing agent – External Form
** If the security is required, also complete DA 185.C – Security particulars – External Form.
** Clearing Agent Pro forma agreement

Notes:
1. Where the asterisk (*) appears, delete whichever is not applicable.
2. Indicate with an” X” in the appropriate block(s) whichever is applicable.
3. Complete the annexure listed in container 11 which is relevant to the registration or licensing type applied for.
4. Reflect the relevant customs and excise client number when updating (by amending or confirming) existing registration or licensing information.
5. Where security must be furnished, complete and submit annexure DA 185.C.
6. An importer, exporter, remover in bond or searcher for wreck not located in the Republic, must also complete and submit annexure DA 185.D, to disclose a registered agent.
7. Complete and submit any prescribed agreement, if applicable.
8. If the space provided in a particular container on form DA185 or any annexure is insufficient, the information required must be furnished on an addendum referencing the relevant container number of the form or annexure, which must be attached to form DA185 or the relevant annexure.
9. All references to sections and rules pertain to the Customs and Excise Act, 1964 (“the Act”).
10. All Customs and Excise forms are available on the SARS website (www.sars.gov.za) or at any SARS branch office.

Documents Required For Clearing Agent Licence Application

An application must, unless otherwise stated in the specific Annexure, be supported by the following documents to be submitted to the customs authority on request:

(a) A document confirming the banking details of the bank account referred to in box 6, which can be :
(i) A bank certified original bank statement or a legible bank certified copy of an original bank statement;
(ii) a bank certified auto bank statement; or
(iii) an original letter from the bank on an official bank letterhead;

(b) the original or a certified copy of:
(i) a municipal account, fixed line telephone or cellular phone account or any other monthly account or statement (for example, if appropriate in the circumstances, a co-operative statement for farmers, medical aid statement, mortgage statement, SABC television licence documents, eToll account, major retail accounts) issued to the applicant that can confirm physical address of the applicant, if the applicant is located in the Republic; and
(ii) a telephone or cellular phone account issued to the applicant to confirm the applicant’s telephone or cellular phone contact details;

(c) if the applicant is a juristic entity, a certified copy of the founding document or any certificate issued in terms of the laws of the Republic or of another country certifying that the applicant is incorporated, registered or recognised in terms of the laws of the Republic or that other country;

(d) a certified copy of the identification document or passport proving identity and citizenship:
(i) if the applicant is a natural person, of the applicant;
(ii) if the applicant is a juristic entity, of the directors, members, partners, trustees, administrator, chairperson, manager, as the case may be, of the applicant; and
(iii) the authorised officer of the applicant, if not already provided under (ii);

(e) a certified copy of the court order in the case of the applicant being an emancipated minor;
(f) if the applicant applies for registration as an agent for a non-local licensee or registered person, a certified copy of the agency contract between the applicant and the non-local licensee or registered person;
(g) a certified copy of the document authorising a person to act as authorised officer on behalf of the applicant;

(h) if applicable, documents evidencing that the applicant has in place:
(i) an information security policy and security procedures or mechanisms to protect the applicant’s electronic systems from unauthorised access; and
(ii) procedures and back-up capabilities to protect it against the loss of information; and
(iii) any other document as the Commissioner may require for purposes of the application or for purposes of an update of information already submitted

Note:
Please note that withholding consent will have the effect that the applicant will not be able to take advantage of the benefits associated with the ‘vx xl,.electronic exchange of information with a government agency with whom this capability has been developed. Applicants who do not consent will have to follow the manual process of submitting bill of entry information and supporting documents to the government agency with whom this capability has been developed.

An applicant may revoke consent to share information at any time after it has been given, but such revocation of consent will not affect any bill of entry of which the processing has commenced under the consent nor any VOC associated with that bill of entry. Provided that where a new applicant submits a VOC associated with that bill of entry the new applicant’s consent at the time of the submission of the VOC will determine if information may be shared.