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The South African Revenue Service (SARS) has proposed tariff amendments to a host of goods. Such amendments are proposed to bring the current tariffs in line with South Africa's commitments under the SA-EU TDCA, SADC and the MIDP (Motor Industry Developme...
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South African President, Thabo Mbeki, contends that while the concepts of freedom, justice and equality are core to the United Nations, global governance has fallen short of the institutional transformation necessary to deliver on with the global deals th...
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As we reported in numerous previous articles, the Companies Bill (the “Bill”) contains better protection for minority shareholders. Such increased protection is especially important for minority shareholders in private companies (or what will become k...
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We continually warn clients about the complex nature of customs duties and recently the Supreme Court of Appeal echoed our warnings. The court decision in The Commissioner for South African Revenue Service v The Baking Tin again affirms that this is indee...
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Technical work on the Doha Development Agenda commenced in early September following the northern summer recess. The first negotiators back to work were those participating in the special session of the Committee on Agriculture. The agriculture talks have...
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Currently the Competition Act is being reviewed in order to tighten the rules regulating competition. The amendments that may be proposed would not deal with the entire Act and all aspects surrounding competition law. Instead the review is aimed at increa...
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Trade Promotion Authority (TPA), also referred to as ‘fast track’ authority, expired under US law at the beginning of July 2007. With this expiry went the authority that Congress grants the President to enter into certain trade agreements, and the aut...
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The Department of Trade and Industry recently released an interpretive guide to understanding the Broad-based Black Economic Empowerment Act’s Codes of Good Conduct. The dti released this guide on 28 June 2007. Essentially the interpretive guide is noth...
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Realistically the business of breaking the WTO’s negotiating inertia is likely to be conducted at the politically orientated level, where compromises can be sanctioned from the highest levels, than at the current technical negotiation level. On the high...
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Frequently we come across clients, who import and export products, who are ill informed about the importance of customs duties. Sure some view customs duties as a necessary evil which one just has to accept. However, you should only have this view once yo...
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The Canadian Minister of International Trade (David Emerson) and the Minister of Agriculture, Agri-Food & the Canadian Wheat Board (Chuck Strahl), announced last week on Friday (8 June 2007) that Canada will now request that a WTO dispute settlement panel...
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As many of you will know, there is currently draft legislation out, namely the Companies Bill, which will transform the corporate landscape as we know it. On 11 April 2007 the President signed a new law, which brings about certain changes which is contemp...
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Breaking the inertia of the Doha Round of WTO trade talks is proving to be particularly difficult. The negotiation process is currently being tackled from two sides, one technical and one political. On a technical level the Chairs of the negotiating group...
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At last months meeting of the WTO’s sanitary and phytosanitary (SPS) committee, Egypt made some rather insightful analysis of the application of special and differential treatment, or the lack thereof, under the SPS Agreement. The SPS Agreement (Article...
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In December 2006 Trade and Industry Minister Mandisi Mpahlwa signed a new regulation in terms of the Merchandise Marks Act. The regulation only came into effect on 14 April 2007. In terms the regulation certain goods which are being imported will have to ...
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China is squarely in the sights of North America as the USA and Mexico fire the first volleys against China’s contentious subsidy regimes in the WTO. Hot on the heels of the US, Mexico requested consultations with China (the People's Republic of China ...
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On Friday 16 March 2007 the Trade and Industry Portfolio Committee (the “Portfolio Committee”) of Parliament sat for the first time to discuss the new Companies Bill (the “Bill”) which has recently been published for comment. Rian Geldenhuys went ...
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Recently the United States pushed the other WTO negotiators into removing restrictions which prevent foreign entities from maintaining a commercial presence in WTO Member States, the so-called Mode 3 supply of cross border services in terms of the WTO’s...
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Two large developing countries are setting up to tackle each other in the WTO. It was announced on 28 February 2007 that the government of Mexico has requested consultations with China (the People's Republic of China ‘the PRC’) under the WTO’s Rules...
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The recent announcement by Mexico that it plans to challenge certain Chinese subsidies (read the Chinese subsidies story here) is a strong show of support for its North American Free Trade Agreement (NAFTA) neighbour the United States. NAFTA is a free tra...
