1998Comparative and International Law Journal of Southern AfricaRequires access

The legal implications of the establishment of free trade zones in South Africa

H Schulze

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Abstract

Current South African law makes no provision for the establishment of a tax-free trade zone of any kind (a free trade zone, a free port, a free industrial zone, an export processing zone). There is no Free Trade Zones Act and the South African Customs and Excise Act contains no definition of a customs-free zone or a free port. For the establishment of tax-free zones in South Africa it would, therefore, be necessary to enact a Tax-Free Trade Zones Act. In this regard, the Singapore Free Trade Zones Act, as well as the Namibian Export Processing Zones Act, could serve as models.

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What this paper is about

Current South African law makes no provision for the establishment of a tax-free trade zone of any kind (a free trade zone, a free port, a free industrial zone, an export processing zone). There is no Free Trade Zones Act and the South African Customs and Excise Act contains no definition of a customs-free zone or a free port. For the establishment of tax-free zones in South Africa it would, therefore, be necessary to enact a Tax-Free Trade Zones Act. In this regard, the Singapore Free Trade Zones Act, as well as the Namibian Export Processing Zones Act, could serve as models.

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Available abstract

Current South African law makes no provision for the establishment of a tax-free trade zone of any kind (a free trade zone, a free port, a free industrial zone, an export processing zone). There is no Free Trade Zones Act and the South African Customs and Excise Act contains no definition of a customs-free zone or a free port. For the establishment of tax-free zones in South Africa it would, therefore, be necessary to enact a Tax-Free Trade Zones Act. In this regard, the Singapore Free Trade Zones Act, as well as the Namibian Export Processing Zones Act, could serve as models.

Key concepts: Free trade zone, Free zone, Free trade, Excise, International free trade agreement, International trade, Port (circuit theory), Free movement

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