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1 The China External Trade Development Council and the South Afri-can Chamber of Business (hereinafter referred to as "THE PARTIES"), have agreed to organize by means of the present Protocol, asystem of international customs deposits in respect of import d-uties chargeable on the temporary admission of goods in the cus-toms territories within their areas of competence, when such go-ods are covered by a customs carnet, (hereinafter referred to asa "ROCSA carnet"). The present Protocol relates to the temporary admission of allgoods which can circulate freely for international trade purpos-es under the AGREEMENT between THE GOVERNMENT OF THE REPUBLIC OFCHINA and THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA on theROCSA GARNET for the temporary duty-free admission of goods, wh-ich Protocol was signed on behalf of THE PARTIES on the 9th dayof August, 1991 (hereafter referred to as "THE AGREEMENT") andaccording to the modalities set forth therein. FOR THE PURPOSES OF THE PRESENT PROTOCOL: Article 1 (a) the term "import duties" means customs duties and all otherduties and taxes payable on or in connection with importati-on, and shall include all internal taxes and excise duties chargeable on imported goods, but shall not include fees andcharges which are limited in amount to the approximate cost of services rendered and which do not represent an indirect protection to domestic products or a taxation of imports forfiscal purposes; (b) the term "temporary admission" means temporary importationfree of import duties in accordance with the conditions laiddown in THE AGREEMENT or by the national laws and regulatio-ns of the country of importation; (c) the term "transit" means the conveyance of goods from a cus-toms office in the territory of temporary admission or tran-sit of a PARTY signatory of the present Protocol to another customs office within the same territory, in accordance withthe conditions laid down in the national laws and regulatio-ns of the contracting PARTY; (d) the term "customs carnet" means the document hereinafter re-ferred to as a ROCSA carnet and reproduced as annexure 1 to the present Protocol of which it is an integral part; (e) the term "guaranteeing association" means a Chamber of Comm-erce or an organization of Chambers of Commerce or any otherorganization or Council which (i)- has been approved by the customs authorities of its cou- ntry to guarantee payment of the import duties owed to them in respect of goods covered by ROCSA carnets (ii)- has organised with the Chambers of Commerce of its area or with other associations or other organizations or Co- uncils a national guarantee system enabling them to del- iver ROCSA carnets. (f) the term "person" means both natural and legal persons, unl-ess the context otherwise requires. Article 2 The undersigned guaranteeing associations declare that ROCSA ca-rnets issued under their responsibility are delivered in accord-ance with the articles laid down in THE AGREE MENT. The guaranteeing associations will keep each other informed ofthe operations of temporary admission or transit in respect ofwhich they accept to guarantee ROCSA carnets. Article 3 When they have been approved by their national customs authorit-ies for the purpose of guaranteeing the payment of import dutiesin respect of goods coming under the present Protocol, the sign-atories of the Protocol shall guarantee the payment of import duties in respect of goods dispatched by their nationals to cou-ntries covered by said Protocol. However, such approval can only be given to one guaranteeing as-sociation in each country. In countries where there are exchange control regulations, theguaranteeing associations shall not be entitled to give their g-uarantee unless their exchange control office has undertaken toauthorise all transfers necessary for the settlement of debts c-ontracted vis-a-vis other guaranteeing associations on accountof such guarantees. Article 4 The period of validity of the ROCSA carnet shall not exceed oneyear as from the date of delivery of any carnet. Article 5 The conditions for the grant of its guarantee shall be freely d-etermined by each PARTY. When the guarantee is granted, the aut-horised guarantor organization shall affix its visa in accordan-ce with a model form confirmed by both PARTIES (see annexure 2)on the ROCSA carnet before issuing it to the bearer. Article 6 The guarantee granted shall be surety for the payment of importduties which would be due to the customs authorities of the tem-porary admission country in the event of the goods introduced inthe said country not being re-exported within the prescribed pe-riod. The guarantee shall further cover, up to 10% of the amountof import duties, the payment of any other sums which would havehad to be deposited by the importer if there had been no guaran-tee. Article 7 When the goods covered by the guarantee granted by a signatoryof the present Protocol, duly approved in the county of origin,are introduced into one country of destination, the guarantee ofthe guaranteeing association approved by the customs authoritiesin the latter country shall immediately and automatically be su-bstituted for the original guarantee. Article 8 Should the goods covered by the guarantee not be duly re-export-ed from the importing country of temporary admission within theprescribed period, and thus become liable for import duties, theguaranteeing association of the said country shall pay the impo-rt duties owed to the creditor customs administration. The guaranteeing association which will have thus settled the i-mport duties in respect of goods covered by the guarantee shallrequest the guaranteeing association which granted the initialguarantee to refund the duties paid on behalf of the importer.Article 9 Calls for repayment shall be accompanied by proof of payment (c-ustoms receipts in original or duly certified photocopy). Repayments shall be made within two months after receipt of pro-of of payment. Claims for refunds shall relate to the duties paid in the natio-nal currency to the creditor Customs Administration and not tosuch duties expressed in another currency. Transfer of funds sh-all accordingly then be made in the currency of the country rai-sing the claim for payment. Article 10 Any infringement of the present Protocol by either of the PARTI-ES may render this Protocol avoidable at the instance of the ag-grieved PARTY, and subject to re-negotiation of an acceptable s-ubstitution. Article 11 All differences, disputes or contestations between the undersig-ned guaranteeing associations in connection with the applicationof the provisions of the present Protocol shall, upon failure toreach agreement thereon, be finally settled under the Rules ofConciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordancewith the said Rules. Article 12 This Protocol shall come into force on the date of signature th-ereof and shall remain in force until the expiry of 90 days fromthe date on which either of the PARTIES shall have given the ot-her PARTY notice in writing of its intention to terminate the P-rotocol. Any revision of this Protocol, or the termination thereof, shallbe effected without any prejudice to any rights or obligationsaccruing or incurred under this Protocol prior to the effectivedate of such revision or termination. In witness whereof the undersigned, being duly authorized by thecustoms authorities of their respective countries, have signedthis Protocol. Done in duplicate, in the English and Chinese languages, however, in case of any divergence of interpretation, the English textshall prevail. On this 31st day of July, 1991 and on this 9th day of August, 1991. (Signed) AGUSTIN TINGTSU LIU SECRETARY GENERAL CHINA EXTERNAL TRADE DEVELOPMENT COUNCIL IN TAIPEI (Signed) RAYMOND W. K. PARSONS DIRECTOR GENERAL SOUTH AFRICAN CHAMBER OF BUSINESS IN JOHANNESBURG