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Control of Goods Import and Export Commerce Regulations 1974(RGN 766 of 1974)

RGN 766 of 1974

Control of Goods Import and Export Commerce Regulations 1974

SIs 766/1974 1099/1974, 287/1975, 176/1976, 1002/1976, 205/1979, 871/1979, 179/1990, 160/1993, 557/1982

IT is hereby notified that the President has, in terms of section 4 of the Control of Goods Act, 1954, made the following regulations:—

ARRANGEMENT OF REGULATIONS

  1. .
  2. Interpretation of terms.
  3. Control of imports and exports.
  4. Open general licences.
  5. Prohibited imports.
  6. Licences and permits not transferable.
  7. Application of other laws.
  8. Furnishing of information.
  9. Powers of Inspectors.
  10. 13A. Penalties.
  11. Repeals and Savings.

SCHEDULES

First Schedule: Goods in relation to which the approval of the director is required. Second Schedule: Repeals.

  1. Title

These regulations may be cited as the Control of Goods (Import and Export) (Commerce) Regulations, 1974.

                                                                                     2.   Interpretation of terms

In these regulations, and in any open general licence—

“Director” means the Director of National Parks and Wild Life Management;

“Inspector” means a person appointed as an inspector in terms of section 10;

“law” means any law or enactment in force in Zimbabwe;

“licence” means a licence for—

  • the import of any goods issued in terms of paragraph (a) of subsection (1) of section 5; or
  • the export of any goods issued in terms of paragraph (b) of subsection (1) of section 5; as the case may be.

“Minister” means the Minister of Commerce and Industry;

“open general licence” means an open general import licence or open general export licence, as the case may be, issued in terms of subsection (1) of section 4; “permit” means a permit for—

(a) the import into Zimbabwe of any goods specified in Part I of the First Schedule issued in terms of paragraph (a) of subsection (1) of section 4; “permit” means a permit for—

  • the import into Rhodesia of any goods specified in Part I of the First Schedule issued in terms of paragraph (a) of subsection (1) of section 6; or
  • the export from Zimbabwe of any goods specified in Part II of the First Schedule issued in terms of paragraph (b) of subsection (1) of section 6;

as the case may be;

“records” means any books, accounts or other documents;

“Secretary” means the Secretary for Commerce and Industry.

                                                                                3.   Control of imports and exports

(1) Notwithstanding the provision of any other law, no person shall—

  • import into Zimbabwe any goods otherwise than in accordance with the terms and conditions of— (i) an open general licence; or (ii)            a licence:

Provided that, where

  • goods are to be entered into a bonded warehouse appointed in terms of section 57 of the Customs and Excise Act [Chapter 23:02]; and
  • payment for the goods has been made with funds from outside Zimbabwe as certified by the Secre-

tary;

a licence shall be required only when the goods are removed from the bonded warehouse; or

  • export from Zimbabwe any goods otherwise than in accordance with the terms and conditions of— (i) an open general licence; or (ii)            a licence.

[Subsection amended by s.i 160 of 1993]

(2) Notwithstanding the provisions of any other law, and in addition to the requirements of subsection (1),m no person shall—

  • import in Zimbabwe any goods specified in Part I of the First Schedule; or
  • export from Zimbabwe any goods specified in Part II of the First Schedule; otherwise than in accordance with the terms and conditions of a permit:

Provided that the provisions of this subsection shall not apply to the import of goods specified— (a) in Part I of the first Schedule which are manufactured or originate in Botswana; or (b) in subitem (2) of item 2 of Part I of the First Schedule which originate in Malawi.

(3) No person shall import into Zimbabwe any fire-arm, ammunition or explosives in terms of an open general licence unless at the time of importation of such fire-arm, ammunition or explosives—

  • he holds a licence, certificate or permit in respect thereof issued in terms of the Firearms Act [Chapter 10:09], or the Explosives Act [Chapter 10:08]; or
  • he has obtained written instructions from a customs officer calling on him to obtain a licence, certificate or permit issued in terms of the Firearms Act [Chapter 10:09], or the Explosives Act [Chapter 10:08] within such period as may be specified in such instructions.

[Subsection amended by s.i 1099 of 1974]

(4) No person shall import into Zimbabwe any radio transmitting station, as defined in the Radiocommunication Services Act [Chapter 12:04], in terms of an open general licence unless, at the time of importation of any such radio transmitting station—

  • he is a registered dealer and holds a certificate to import such equipment issued by the Posts and Telecommunications Corporation in terms of the Radiocommunication Services Act [Chapter 12:04]; or
  • he has obtained written instructions from a customs officer calling on him to obtain a licence issued in terms of the Radiocommunication Services Act [Chapter 12:04], within such period as may be specified in such instructions:

Provided that the provisions of this sub-section shall not apply to any radio transmitting station which is imported by any military, air or police force of a country other than Rhodesia, where such force is to be stationed temporarily in Zimbabwe.

[Subsection amended by s.i 1002 of 1974]

                                                                                      4.   Open general licences

(1) Subject to the provisions of section 7, the Minister may, by notice in the Gazette, issue—

  • an open general import licence authorising, subject to the provisions of any other law, the import into Zimbabwe of any goods or class of goods specified in that notice;
  • an open general export licence authorising, subject to the provisions of any other law, the export from Zimbabwe of any goods or class of goods specified in that notice:

Provided that an open general import licence shall not authorise the import into Zimbabwe of—

(a) clothing and uniforms designed for military, naval, air force or police use unless such clothing or uniforms are imported by the State; or (b) gold, including—

  • unmanufactured gold in any form whatsoever;
  • any article or substance containing such unmanufactured gold;
  • any article consisting of or containing gold which, although manufactured, is, as such, not a gold coin, an article of commerce, a work of art or of archaeological interest;
  • gold derived from the smelting or treatment of any manufactured article containing gold.

[Subsection amended by s.i 287 of 1975 and 179 of 1990]

(2) An open general licence may be issued in the same Gazette as these regulations.

                                                                                               5.   Licences

(1) Subject to the provisions of subsection (2) and of section 7, the Secretary may issue a licence authorising, subject to the provisions of any other law—

  • the import into Zimbabwe of any goods specified in that licence on such terms and conditions as may be specified in or attached to that licence;
  • the export from Zimbabwe of any goods specified in that licence on such terms and conditions as may be specified in or attached to that licence.

(2) The Secretary shall not issue a licence authorising the import into Zimbabwe of—

  • any explosives; or
  • any fire-arm or ammunition; unless the person to whom the licence is issued is the holder of a permit, licence or certificate authorising him to possess, acquire or deal with such explosives, fire-arm or ammunition issued under the Explosives Act [Chapter 10:08] or the Firearms Act [Chapter 10:09].

(2a) The Secretary shall not issue a licence authorising the import into Zimbabwe of any radio transmitting station, as defined in the Radiocommunication Services Act [Chapter 12:04], unless the person to whom the licence is issued is the holder of a certificate issued in terms of the said Act authorising him to import and deal in any such radio station.

[Subsection inserted by s.i 1002 of 1976]

(3) The Secretary may revoke or amend a licence at any time, if— (a) the holder of the licence—

  • has failed to comply with the terms and conditions subject to which that licence was issued; or
  • fails or refuses to furnish any information or explanation or to produce any records relating to any goods to which that licence relates when so required in terms of section 11;

or

(b) he considers that such revocation or amendment is necessary in the national interest.

  • Where the Secretary has, in terms of paragraph (b) of subsection (3), revoked or amended a licence, the holder of that licence may appeal in accordance with the provisions of subsection (5) to the Minister, whose decision shall be final.
  • An appeal in terms of subsection (4) shall—
  • set out clearly and specifically in number sequence the grounds of such appeal; and
  • be lodged with the Secretary within twenty-one days of the notification to the holder of that licence of the revocation or amendment of that licence.

                                                                                                6.   Permits

(1) The Director may issue a permit authorising, subject to the provisions of subsection (2) and of any other law—

  • the import into Zimbabwe of any goods specified in Part I of the First Schedule on such terms and conditions as may be specified in or attached to that permit;
  • the export from Zimbabwe of any goods specified in Part II of the First Schedule on such terms and conditions as may be specified in or attached to that permit.

(2) No goods may be imported or exported under the authority of a permit issued in terms of subsection (1) unless—

  • the holder of the permit has, in addition to the permit, obtained a licence authorising the import or export of such goods; or
  • the import or export of such goods is authorised by an open general licence.

(3) The Director may revoke or amend a permit at any time if the holder of the permit— (a) has failed to comply with the terms and conditions subject to which that permit was issued; or

(b) fails or refuses to furnish any information or explanation or to produce any records relating to any goods to which that permit relates when so required in terms of section 11.

                                                                                        7.   Prohibited imports

Notwithstanding anything to the contrary contained in these regulations, no person shall import into Rhodesia any knife having a blade which—

  • opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a “flick-knife” or “flick-gun”; or

Provided that this section shall not apply to a trimming-knife the blade of which does not exceed thirty millimetres in length;

  • is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force, and which, when released, is locked in place by means of a button, spring, lever or other device, sometimes known as a “gravity knife”; or (c) is—
    • released from the handle or sheath thereof manually; and
    • locked in the open position by means of a button, spring, lever or other device; and
    • released from the locked open position otherwise than solely by manual pressure on the blade:

Provided that this section shall not apply to a trimming-knife the blade of which does not exceed thirty millimetres in length.

[Proviso inserted by s.i 871 of 1979]

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