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CAP 50-03 Customs and Excise Duty Act - BURS

CAP 50-03 Customs and Excise Duty Act - BURS

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of item 602.01 to the representative in question (excluding any duty rebated in terms of item 609.17).<br />

4.<br />

Item 6<strong>03</strong>.00<br />

(1) Regulation 24 shall mutatis mut<strong>and</strong>is apply in respect of any goods specified in <strong>and</strong> entered<br />

under item 6<strong>03</strong>.01 or any such goods in respect of which a refund of duty is claimed under item<br />

6<strong>03</strong>.01.<br />

(2) Any refund of duty in terms of item 6<strong>03</strong>.01 in respect of any goods exported shall be limited to<br />

the duty actually paid in respect of such goods.<br />

(3) Any person claiming any refund of duty in terms of item 6<strong>03</strong>.01 in respect of any goods<br />

exported, shall produce evidence to the satisfaction of the Director of the duty actually paid or such<br />

goods <strong>and</strong> if no such evidence can be produced, the Director may determine the amount of duty to be<br />

refunded in respect of such goods.<br />

(4) The Director may exempt any goods liable to an excise stamp duty under Part 2 of Schedule<br />

No. 1 to the <strong>Act</strong> from the requirement of being stamped if such goods are intended for export<br />

(including supply as stores for foreign-going aircraft) subject to such conditions as he may impose.<br />

Such goods shall not be permitted to enter home consumption without being stamped <strong>and</strong> on export<br />

of such unstamped goods any reference to a rebate or refund of duty in item 6<strong>03</strong>.01 in respect of<br />

such goods shall be construed to exclude any reference to any stamp duty thereon.<br />

5.<br />

Item 604.00<br />

(1) Any person entitled to a rebate of duty under item 604.00 shall furnish to the proper officer on<br />

dem<strong>and</strong> full particulars of the receipt, nature <strong>and</strong> use of any goods obtained under the provisions of<br />

the said item.<br />

(2) Use or supply of any goods specified in item 604.00 by or to any person under rebate of duty<br />

shall be subject to such conditions, declaration, undertakings or returns as the Director may decide.<br />

(3) The Director may permit any wine-growers' co-operative agricultural society to remove from the<br />

customs <strong>and</strong> excise warehouse (including any special warehouse) of such society, on one bill of<br />

entry, such quantities of the goods specified in items 604.<strong>03</strong> <strong>and</strong> 604.04 as he may decide, to any<br />

room or place approved by him for supply to persons entitled to rebate of duty under the said items on<br />

such conditions as he may decide.<br />

(4) No wine-growers' co-operative agricultural society or holder of a wine farmers' licence or<br />

producer of any goods specified in item 604.00 shall supply such goods to any person not entitled to<br />

obtain such goods under rebate of duty or in excess of the quantity specified in the said item unless<br />

the duty thereon has been paid <strong>and</strong> no person shall accept any such goods to which he is not entitled<br />

from any such society, holder or producer, unless the duty thereon has been paid with the permission<br />

of the proper officer.<br />

(5) No person who is entitled to obtain or use any goods under rebate of duty under item 601.00<br />

shall sell or dispose of any such goods to any other person, whether or not the latter person is entitled<br />

to a rebate of duty under the said item <strong>and</strong> no person shall accept any such goods so obtained under<br />

rebate of duty if he is not entitled thereto under the <strong>Act</strong> <strong>and</strong> these Regulations.<br />

6.<br />

Item 605.00<br />

The provisions in the Fifth Schedule hereto shall mutatis mut<strong>and</strong>is apply to any refund of duty<br />

under item 605.00 <strong>and</strong> for that purpose any reference to Schedule No. 5 to the <strong>Act</strong> shall be deemed<br />

to be a reference to item 605.00.<br />

7.<br />

Item 606.00<br />

Copyright Government of Botswana

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