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African Continental Free Trade Area enters Operational Phase

The African Continental Free Trade Area (AfCFTA) entered into force on 30 May 2019.

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ITAC initiates investigation into increase of duty on PET

The International Trade Administration Commission of South Africa ("ITAC") initiated an investigation into the increase of the rate of customs duty on polyethylene terephthalate (PET).

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Brexit uncertainty remains for South Africa

On Monday Trade and Industry Minister Rob Davies confirmed that the Trade Continuity Agreement between the UK and the Southern African Customs Union (Botswana, Lesotho Namibia, Swaziland and South Africa) and Mozambique has not yet been finalized.

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The importance of rules of origin

Rules of origin are the criteria used to determine where a product originates from, in other words where the product was made.

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UK signs Trade Continuity Agreement with Eastern and Southern Africa

Amongst the Brexit uncertainty, the United Kingdom has signed a trade continuity agreement with Eastern and Southern Africa.

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Revised Expropriation Bill published

After obtaining Cabinet approval, the Minister of Public Works published a revised Expropriation Bill on 21 December 2018.

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AGOA at risk?

US President Donald Trump tweeted on 23 August 2018 that he had asked his Secretary of State to “closely study the South Africa land and farm seizures and expropriations and the large scale killing of farmers”.

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A global trade war

The global trading system is currently experiencing actions by governments not seen prior to the establishment of the World Trade Organisation (WTO), at least not on the same scale.

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UK looks to Commonwealth for trade prosperity

The Commonwealth Heads of Government meeting is taking place in London this week. In addition thereto, the Commonwealth Business Forum is taking place where business leaders of the Commonwealth interact with each other and the respective governments.

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SA's decision to support the disbanding of the SADC Tribunal challenged

The Law Society of South Africa and several others have challenged the decision by President Jacob Zuma (as well as other Ministers) to participate in the suspension of the SADC Tribunal and the signing of the 2014 Protocol on the SADC Tribunal.

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Angola ratifies New York Convention on Foreign Arbitral Awards

Angola acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) on 12 August 2016, becoming its 157th Contracting State Party.

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Brexit Scenarios for South Africa

Following the United Kingdom’s (UK) vote to leave the European Union (EU) on 23 June 2016, the UK is faced with a few possible scenarios. These scenarios would then also affect South Africa.

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UK votes for Brexit – Trade with SA may suffer

The United Kingdom (UK) narrowly voted to leave the European Union (EU) on 23 June 2016. David Cameron resigned as expected and the markets are reeling. But what does the UK’s decision to leave the EU have to do with trade with South Africa (SA)? Unfortunately, there will be implications for trade between SA and the UK.

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What are the trade implications of ‘Brexit’ for South Africa?

Although the reasons behind “Brexit” are varied, most businesses would just like to know what the impact on them would be.

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South Africa remains eligible for benefits under AGOA

South Africa has narrowly avoided suspension from the African Growth and Opportunity Act (“AGOA”). Last night President Obama issued a proclamation revoking South Africa’s impending suspension from AGOA.

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Protection of Investment Act signed by Zuma

On 13 December 2015 President Zuma assented to the Protection of Investment Bill. This follows the South African government’s refusal to renew bilateral investment protection treaties with several EU member countries and the later introduction of what was then known as the Promotion and Protection of Investment Bill in 2013.

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SA Agricultural Exporters May Lose Valuable US AGOA Benefits

US President Barack Obama yesterday released a letter in which he announced his intent to suspend the duty-free treatment for all South African AGOA-eligible exports in the agricultural sector within 60 days from the date of his letter.

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US and South Africa reach deal on AGOA

iStock 000006626163XSmallMinister of Trade and Industry Rob Davies announced to Parliament this week that South Africa has managed to reach agreement with the United States on a long-standing trade dispute on US chicken imports into South Africa, which threatened to derail South Africa's continued inclusion under the renewed African Growth and Opportunity Act (AGOA).

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Zimbabwe tightens border controls on imported goods

On 16 May 2015 Zimbabwe will implement consignment verification on a wide variety of products. To read further details on this new requirement as it appeared in Business Day, as well as our comments thereon, please do click here.

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ITAC lauches anti dumping investigation on wheelbarrows

On 20 June 2014 the International Trade Administration of South Africa (ITAC) initiated an anti-dumping investigation on wheelbarrows imported from the People's Republic of China.

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SA discrimination against foreign ownership in security services

The controversial Private Security Industry Regulation Amendment Bill has been approved by Parliament and is waiting on the signature of President Zuma. The Bill is controversial as it requires that at least 51% of the ownership and control of security services companies must be exercised by South African citizens.

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Leading International Trade Lawyer

We are delighted to announce that Rian Geldenhuys has been recognised by Lawyer Monthly Legal Awards as the South African International Trade Lawyer for the year 2013.

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Brazil investigating dumping by South African Tyre Manufacturers

The Brazilian Secretariat of Foreign Trade (SECEX), part of their Ministry of Development, Industry and Foreign Trade (MDIC) on June 10th, 2013 initiated an anti-dumping investigation

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EU imports damaging SA agro processing sector

Business Day reports that South African agro-processing firms are struggling to compete against imports from the European Union that enter the local market duty-free because of the Trade and Co-operation Agreement (TDCA) South Africa has with the EU. To read the article and Trade Law Chambers' quotations, kindly click here.

© Trade Law Chambers 2013

South Africa to simplify business in Africa

Finance Minister Pravin Gordhan recognises that the Budget he presented yesterday must have as one of its pillars that we should seize the available opportunities within Africa.

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Limited time remaining for companies to comply with the Companies Act

In terms of the new Companies Act the memorandum and articles of association is replaced by a document known as the memorandum of incorporation or ?MOI?. The Companies Act requires every company's MOI to comply with the provisions of the Companies Act.

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Upcoming Event

On 28 August 2012 Rian Geldenhuys will be presenting for the boats and floating structures sector on the following:

  • Market access opportunities and obstacles for Asia, Africa &amp, USA
  • Opportunites and threats for service providers in Africa
  • Unpacking the creation of new tariffs for inputs used, increasing or decreasing duties payable and creating rebate facilities
  • Protecting your intellectual property in export markets

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Considerations for SA insurers expansion into sub Saharan Africa

According to media reports South Africa's short- and long-term insurers are looking at entering the sub-Saharan African market as it presents a strategic opportunity for growth. Of course insurers have been investing in sub-Saharan Africa, but there is an intensified interest in the market.

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Deadline to set up social and ethics committee looms

It has almost been a year since the new Companies Act (no 71 of 2008) has been in force. Although the entire Companies Act is not yet in force in respect of all companies some provisions do supersede the old dispensation whilst others are yet to become effective.

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Investing in foreign markets

There are many spectacular success stories of investing in foreign countries, but tales about the failures are often nightmarish. Often businesses are just unaware of the potential pitfalls associated with investments (whatever form the investment may take).

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Society for International Economic Law Supported

The Society of International Economic Law (SIEL) is an organization that represents academically minded practitioners in the field of international economic law. The Society's biannual conference will be taking place in Barcelona, Spain from 8-10 July 2010.

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Managing your import/export risks avoiding pitfalls in international transactions

The world has truly become a global marketplace. Many South African businesses have seen phenomenal import/export successes since South Africa's return to the global arena in the post-1994 era.

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SAs clothing and textile import duties raised to maximum levels

According to media reports, the International Trade Administration Commission of South Africa (ITAC) received an application to raise the import duty on a range of garments.

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Great Expectations the G 20 and the Inevitable Predictability of Increased Protectionism

With the scheduled meeting of G-20 countries on April 2 in London getting nearer, much of the talk among leading policymakers has turned to the need to resist protectionism and use this forum for taking decisive action to conclude the Doha Round of multilateral trade negotiations.

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Another Trade Flap over Poultry

In a long-festering dispute between the US and the EU over poultry exports, the US seems to have finally given up any chance of winning the argument by way of reason and has formally initiated litigation at the WTO by requesting consultations with the EC on this matter, on January 16, 2009, before a meeting of the WTO's Dispute Settlement Body.

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International Intellectual Property and Enforcement Act of 2008

Interesting developments are afoot in the United States Senate when it comes to international trade and the protection and enforcement ofintellectual property rights.

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ITAC to ask High Court for clarification on anti dumping duties

During May 1999 South Africa, on the recommendation of the International Trade Administration Commission of South Africa (ITAC), imposed anti-dumping duties on white A4 paper originating from Indonesia.

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Free Trade between SACU and EFTA

The European Free Trade Association (EFTA), comprising of Iceland, Liechtenstein, Norway and Switzerland signed an agreement to form a Free Trade Area with the Southern African Customs Union (SACU). Whilst this agreement was already signed on 26 June 2006, it only came into effect on 1 May 2008.

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DCCS for clothing exports extended

According to media reports, the government has extended the interim Textile and Clothing Industry Development Programme (TCIDP) until 31 March 2009. This follows a recent announcement by the Department of Trade and Industry of its review of tariffs on textiles which should help lower the cost of South Africa's clothing manufacturers.

In terms of the TCIDP exporters of certain textiles and clothing receive a rebate on import duty paid if the products are re-exported. Various requirements must be met before such a rebate will be allowed.

The TCIDP is the successor of the Duty Credit Certificate Scheme (DCCS) which came to an end on 1 April 2005. The TCIDP extended the initial incentive scheme (with amendments) until 1 April 2007. The TCIDP has been continued on an ad hoc basis since then. Since the scheme legally lapsed, clothing and textile exporters could not plan for the future due to legal uncertainty regarding exports under the scheme. This has now been changed by the South African government's extension of the scheme.

The TCIDP worked on a basis whereby exporters earned credits which could be traded. It is argued that the fact that it could be traded to retailers, for instance, defeated the object of the incentive scheme as other beneficiaries benefited than those intended. However the practice of selling these duty credit certificates to retailers was limited under the TCIDP.

For further information on the products and conditions applicable, kindly contact Rian Geldenhuys.

When should parties notify the Competition Commission of a merger

In terms of section 13A(3) of the Competition Act 89 of 1998 (the ?Act?), parties to an intermediate or large merger may not implement that merger until it has been approved, with or without conditions, by the either the Competition Commission, Tribunal or Appeal Court.

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