Last Updated: 2010-07-16
Exchange Control Manual
Section
A.Glossary A
B. Purpose of ManualB
C. Historical BackgroundC
D. Institutional ArrangementsD
D.1 Legislation, Regulations, Orders and Rules
D.2 Delegation of Powers
D.3 Liaison with Department of Finance
D.4 Functions of Authorised Dealers
D.5 Applications to Exchange Control
D.6 Organisation of Exchange Control
D.7 Exchange Control Territory
D.8 Resident and Non-resident Status
E. General Policy Approach to Exchange ControlE
F. General Requirements, Procedures and Norms Applied with respect to Particular Types of TransactionsF
F.1Introduction
F.2 Current Payments by ResidentsG
2.1 Payments for merchandise imports
2.1.1 General requirements
2.1.2 Required procedures and documents
2.1.3 Purpose of control
2.1.4Matters to be referred to Exchange Control
2.1.5 Norms applied and factors considered
2.1.6 Payments on a cash-with-order basis
2.1.7 Payments by means of credit and/or debit cards
2.1.8Acquisition of patents, copy-rights, trademarks, franchises and/or intellectual property in general
2.2 Personal and business matters H
2.2.1 Purpose of control
2.2.2 Single discretionary allowance
2.2.2.1Travel allowances and associated facilities
2.2.3Temporary exportation of personal effects and jewellery
2.2.4Temporary exportation of motor vehicles, caravans, trailers, horse-boxes and motor/sail boats overland and of ocean going yachts by residents
2.2.5Renewal of passports, obtaining visas, copies of birth/death certificates, testimonials, degrees and/or diplomas
2.2.6South African Residents proceeding abroad on a temporary basis
2.2.7 Study facilities
2.2.8Conference, congress, seminar and examination fees
2.2.9Medical and dental expenses
2.2.10 Subscriptions
2.2.11Export of South African Reserve Bank notes
2.3 Payments of a business nature I
2.3.1 Remittance of dividends profits and income from the RSA
2.3.2 Royalties and fees arising from the use of copyrights, designs, patents and trademarks
2.3.3 Directors' fees to non-residents
2.3.4 -
2.3.5 -
2.3.6 Legal fees to non-residents
2.3.7 Other fees
2.3.8 Advertising fees/ exhibition/trade fair expenses
2.3.9 Payments to visiting artistes, entertainers and sportsmen
2.3.10 Payments to foreign crew members calling at South African ports
2.3.11 Allowances for business travel
2.3.12 Air fares for overseas visitors
2.3.13Travel between destinations outside the Republic
2.3.14 Freight payments and ships and aircraft disbursements
2.3.15 Transfer abroad of reinsurance premiums
2.3.16 Technical service payments
2.3.17 Registration of drugs
2.3.18 Registration on agrochemical products
2.3.19 Tender documentation
2.3.20 Tender guarantees/bid bonds
2.3.21 Performance guarantees
2.3.22 Court judgement payments
2.3.23 Refunds
2.3.24 Advance payment guarantees
2.3.25 Transportation costs and cash floats
2.3.26 Rental and lease payments
F.3 Payments by "Temporary Residents" in the RSAJ
3.1 Payments by embassies, high commissions, legations, consulates-general, consulates and official overseas representatives
3.2 Payments by other foreign nationals who have taken up temporary residence in the Republic
3.2.1 Norms applied
3.2.2 General requirements
F.4 Receipts of Foreign Currency on Current TransactionsK
4.1 Purpose of control
4.2 Receipts from merchandise exports
4.2.1 General requirements
4.2.2 Sales periods and credit
4.2.3 Sale of currency
4.2.4 Special stipulations
4.2.4.1Exports on a consignment basis
4.2.4.2 Replacement goods, short shipments and goods under guarantee
4.2.4.3 Export of defective goods for replacement
4.2.4.4 Export of advertising matter and trade samples
4.2.4.5 Return of goods for which no payment has been made
4.2.4.6 Temporary export of goods to Angola, Botswana, Democratic Republic of the Congo, Malawi, Mauritius, Mocambique, Seychelles, Tanzania, Zambia and Zimbabwe
4.2.4.7Export of philatelic and numismatic items (Excluding Krugerrand coins)
4.2.4.8 Temporary exportation of motor vehicles, caravans, trailers, horse-boxes and motor/sail boats.
4.2.4.9 Export of motor vehicles in the possession of non-residents leaving the Common Monetary Area for any other country
4.2.5 -
4.2.6 -
4.2.7 Setting off foreign liabilities against foreign accruals
4.3Other exports
4.3.1Service receipts
4.3.2Disposal of patents, copy-rights, trademarks, franchises and/or intellectual property in general
F.5 Transfer Payments L
5.1 Gifts
5.1.1 Monetary gifts and loans
5.1.2 Gift parcels
5.1.3Krugerrand coins
5.2 Donations
5.2.1Donations to missionaries by private individuals
5.2.2Donations to missionaries by religious bodies
5.2.3Donations to charitable, religious or educational bodies
5.3 Maintenance
5.3.1 General requirements
5.3.2 Matters to be referred to Exchange Control
5.3.3 Factors to be consider
5.4Alimony and child support payments
5.5 Legacies and distributions from estatesM
5.5.1 Estates of persons regarded as permanent residents of the RSA at the time of death
5.5.1.1 Legacy transfers
5.5.1.2 Export of jewellery
5.5.1.3 Export of personal effects
5.5.1.4 Export of other assets
5.5.2 South African estates of persons, including emigrants, domiciled outside the CMA at the time of death
5.5.2.1 Legacy transfers
5.5.2.2 Export of jewellery and personal effects
5.2.3 Inheritances by South African residents from non-resident estates
5.6 Inter vivos trustsN
5.6.1 Purpose of control
5.6.2 Norms applied and factors considered
5.6.3 Own-asset trust
5.6.3.1 Established prior to emigration
5.6.3.2 Established subsequent to emigration
5.6.4 Third-party funded trust
5.6.4.1Emigrants
5.6.4.2 Original non-residents
5.6.5 Required procedures
5.7 Wedding expenses and Bar/Bat Mitzvah ceremonies
F.6 Capital TransactionsO
6.1Foreign investment by South African residents
6.1.1 Private individuals (natural persons)
6.1.2 South African companies
6.1.2.1 Norms applied and factors considered
6.1.2.2 Investments not exceeding R500 million
6.1.2.3 Investments exceeding R500 million
6.1.2.4 Reporting requirement
6.1.2.5 Expansion of business abroad and remission of funds
6.1.3 Loans by residents to non-residents
6.1.4 Portfolio investments
6.1.4.1 Portfolio investments by residents
6.1.4.2 Portfolio investments by South African institutional investors
6.1.4.3Prudential limit on foreign diversification by Authorised Dealers
6.1.4.4South Africa Private Equity Funds
6.1.5 Share incentive schemes offered by foreign companies
6.1.6 Trade finance
6.1.7 Borrowing abroad by residents
6.1.7.1 Control over borrowing abroad by residents
6.1.7.2 Purpose of control
6.1.7.3 Authority to Authorised Dealers
6.1.7.4Categories of loan finance
6.1.7.4.1Trade finance, short-term working capital loans and long term loans
6.1.7.4.2Loans from non-resident shareholders to affected persons
6.1.7.5Fraudulent practices involving purported foreign loan facilities
6.1.8The debt standstill arrangements P
6.2 Capital transactions of non-residents Q
6.2.1 Local financial assistance to affected persons and non-residents
6.2.1.1 General restriction
6.2.1.2 Purpose of control
6.2.1.3 General requirements
6.2.1.4 Authority to Authorised Dealers
6.2.1.5 Matters to be referred to Exchange Control
6.2.1.6 Applications to Authorised Dealers
6.2.1.7 Security given by non-residents
6.2.1.8 Loans from non-resident shareholders
6.2.2 Disinvestment from the RSA
6.2.3 The financial rand systemR
6.2.4 Securities controlS
6.2.4.1 Definitions
6.2.4.2 Control on dealings in non-resident owned securities
6.2.4.3 Form of control
6.2.4.4 Purpose of control
6.2.4.5 General requirements
Securities held on behalf of non-residents
Securities purchased by non-residents
6.2.4.6 Duties of banks, stockbrokers and transfer secretaries
6.2.5 Emigration facilities T
6.2.5.1 Purpose of control
6.2.5.2 Qualification for emigration facilities
6.2.5.3 Application for emigration facilities
6.2.5.4 Facilities for which emigrants qualify
Cash allowance
Foreign capital allowance
Export of household and personal effects and motor vehicles
6.2.5.5 Authority to Authorised Dealers
6.2.5.6 Matters to be referred to Exchange Control
6.2.5.7 Time and method of provision of exchange
6.2.5.8 Control of blocked South African assets
6.2.5.9 Purposes for which emigrants' blocked funds may be used
6.2.5.10 Effect of emigration on emigrants' borrowings in South Africa
6.2.5.11 Effect of emigration on the local borrowings of a South African company in which an emigrant retains an equity interest
6.2.5.12 South African income accruing to emigrants
6.2.5.13 Emigration of a Lloyd's of London member
6.2.5.14 Income tax refunds
6.2.5.15 Retirement annuity policies
6.2.6 Transactions of immigrantsU
6.2.6.1 -
6.2.6.2 Requirements upon taking up permanent residence
6.2.6.3 Concessionary periods applicable to immigrants
6.2.6.4 Income on foreign assets accruing to immigrants
6.2.6.5 Other concessions available to immigrants
F.7 Sundry TopicsV
7.1 Hedging
7.1.1 General
7.1.2 Forward Cover or Hedging transactions between Authorised Dealers and Residents
7.1.3 Forward Cover or Hedging transactions between Authorised Dealers and Non-Residents
7.1.4Hedging instruments
7.1.5Hedging operations
7.1.6Foreign currency against foreign currency
7.1.7Surrenders of extensions by means of swaps
7.1.8Currency futures/currency options
7.2-
7.3Foreign bank accounts
7.3.1Purpose of control
7.3.2 Norms applied and factors considered
7.3.3 Customer foreign currency accounts
7.4 Purchase and sale of gold
7.5 Importation and exportation of bank notes
7.5.1 Foreign currency bank notes
7.5.2 South African Reserve Bank notes
7.6 Insurance by residents of the Republic
7.7 Merchanting trade
7.8Barter and counter trade
7.9Inward Listings by foreign entities on South African exchanges W
7.9.1Introduction
7.9.2General
7.9.3Measures applicable to inward listed debt instruments, derivative instruments and equity issues on the JSE Limited
7.9.3.1 Types of instruments
7.9.3.2Acquisition issue
7.9.3.3Issue of shares for cash
7.9.3.4Capital raising through new debt listings
7.9.3.5Rights offers
7.9.3.6Suspension of listings
7.9.3.7Main index inclusion
7.9.3.8Denomination of debt instruments, equity issues and derivative instruments
7.9.4Measures applicable to inward listed debt instruments on BESA
7.9.4.1Denomination of debt instruments
7.9.4.2Types of instruments
7.9.4.3Capital raising through new listings
7.9.5Special dispensation to local brokers to facilitate the trading of inward listed shares


See attachment / link box for more detail.


Attachment / Link
Table of Contents (31Kb)
Disclaimer (16Kb)
Section A (25Kb)
Section B (16Kb)
Section C (22Kb)
Section D (28Kb)
Section E (16Kb)
Section F (16Kb)
Section G (26Kb)
Section H (40Kb)
Section I (47Kb)
Section J (11Kb)
Section K (34Kb)
Section L (20Kb)
Section M (14Kb)
Section N (22Kb)
Section O (78Kb)
Section P (10Kb)
Section Q-R (32Kb)
Section S (72Kb)
Section T (44Kb)
Section U (24Kb)
Section V (71Kb)
Section W (24Kb)
Full Zipped Manual (581Kb)


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