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Trip Paperwork Covers all documentation, carnets, customs and country requirements, how to deal with insurance etc.
Photo by Marc Gibaud, Clouds on Tres Cerros and Mount Fitzroy, Argentinian Patagonia

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Photo by Marc Gibaud,
Clouds on Tres Cerros and
Mount Fitzroy, Argentinian Patagonia



 
 
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Old 23 Apr 2011
Grant Johnson's Avatar
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Quote:
Originally Posted by waztafel View Post
Hi,

... We sold the bike, received the money and flew home after 2 weeks since the importing process took a long time. That means that we also left the carnets with them. But now they e-mailed us that their customs agency says it's impossible to import a vehicle that is under temporarily import (carnet). So now we have a problem. They say that the only way is to ship the bikes to NL and import it back. Strange huh?

Anyone an idea how to solve this?
Thanks!
Not strange, but it sounds like neither you nor the buyers understood the legal situation and the correct usage of the carnet. More below...

Quote:
Originally Posted by geoffshing View Post
South Africa does require a carnet as it's part of a five country economic union (Namibia, Botswana, Mozambique, Lesotho, Swaziland..?)
The whole idea of a carnet is to show you have the customs money for a TEMPORARY import of a vehicle. The money will only be repaid back to you if you show proof that you have RETURNED with the vehicle to the original country (NL) or it was stolen and/or destroyed with official proof.

So.... you sold the bikes and they tried to officially import something that's only allowed to be temporary imported. The customs agency is correct in saying that you'll have to export the vehicle (but not necessarily back to the original country) and re-import to South Africa NOT on the carnet. If you want to claim on the carnet, then the bikes will have to be sent back to NL. Otherwise it's fraud as it's seen as your trying to avoid paying taxes!

You sold the bikes, didn't pay ZA import taxes AND want to refund the carnets...? Hmmm I think that's Illegal!

Somebody please correct me if I'm wrong...?
Geoff, absolutely correct and very well said.


Quote:
Originally Posted by pecha72 View Post
Even here at the HUBB, there´s been some contradicting information about whether or not South Africa REQUIRES the carnet. ADAC´s webpage does show the South African Customs Union as requiring it, like Egypt and Sudan?

But in general: if the bikes were temporarily imported into a carnet country using a carnet, then I think it´s pretty clear, that they should leave within the time limit specified by the authorities, or else the taxes & duties have to be payed. And your carnet bond will not be returned, if you sell the vehicle in a carnet country.
Pecha, absolutely correct.


Quote:
Originally Posted by XTrovert View Post
You are a smuggler. Your bike is contraband. On a lucky day you will have your bike confiscated and a rap in the wrists, on a bad day you will be imprisoned, however for a short period of time.
One way or another it will cost you much more than the price of your bike in lawyers etc.
I would not go back to South Africa if I was you.
What an idiotic thing. you had the carnet de passage, dind't that tell you something about your rights and obligations?
Did anyone asked you to bring back a stuffed toy animal from SA that smelled strangely aromatic?
That would have completed the naivety combo, not to call it something else.
You deserve every headache you get.
XTrovert - Although the statements are accurate, this was a very inflammatory and unhelpful way to say it. Waztafel clearly didn't understand the process, but your comments are unsympathetic 'You deserve every headache you get' and sarcastic 'stuffed toy animal etc.' If he had fully understood what he was doing (i.e. was a smuggler), he wasn't a very good smuggler and probably would not have posted here asking for help to solve the situation.


Quote:
Originally Posted by Matt Roach View Post
I don't know what planet Xtrovet is on, but the comments above are extremely unhelpful.

As commented earlier in the thread, the carnet bond is designed to stop you from selling the bike without paying import duty in South Africa. If the purchaser is prepared to pay the import duty, then I cannot see any reason why the bike cannot be imported legally into South Africa, your carnet stamped, and then you can discharge the security on your carnet.

If the purchaser (or you) are not prepared to pay the import duty, the alternative will be to drive the bike to another country that does not require a carnet (Zim or Mozambique will both work), stamp the bike out of SA on the carnet and then re-enter the SADC region on a temporary import permit.

Selling the bike on a temporary import permit is also difficult, but at least you do not have the bond to worry about.
This is probably the best solution, but even if Waztafel was able to fly back and drive the bikes out and back in again on a temporary permit, that might not solve the problem. Customs will certainly have flagged the bikes by now and they will be paying close attention to it. Getting a temporary permit instead of a carnet normally will require some sort of bond or payment of duty, which may be as much as the carnet bond. That's the whole point of the carnet, so you don't have to go through that at every border.

In many countries, you cannot come in with the bike on a temporary permit and then decide to import it. You have to do the import paperwork before entering the country.


Quote:
Originally Posted by XTrovert View Post
Why are you guys ganging up on me? Because I said that this guy committed a felony and there is no solution for it?
Because I dared to suggest that he was stupid in doing so?
Why you guys have to express opinion about my post instead of you, yourselves, giving all that wealth of information that you are saying my post lacks?
There is no legal solution to this guys problem. Period.
My post was very clear, implicitly as to forget about the bond; explicitly, advising Waztafel not to go back to South Africa.
Are the posts suggesting new felonies a positive solution?
As per the subject of helping someone in need even if it is unlawful, I can think of a whole bunch of people needing your encouragement also.
Am I hallucinating, or Waztafel fessed in here that he broke South African law? He smuggled a bike into the country and sold it for financial benefit.
I do not think the HUBB should allow the publication of this and least the 'helpful' responses.
Where do we draw the line? "Accidental" smuggling is ok, what about "accidental" hit and run?
XTrovert - People are 'ganging up on you' because they felt you were rude, sarcastic and unhelpful, so take that to heart and try to be more sympathetic.

Many people run into trouble with importing regulations and shipping, because it is a complex subject and every country has different rules, depending on whether they have a vehicle industry to protect. Try getting a bike out of Egypt legally by air even with a carnet - it took us days and much desk-pounding! The Carnet de Passage is also a complex subject, which takes 20 minutes to cover on the Achievable Dream Get Ready! DVD.

Taking the bike out of the country and bringing it back in on a temporary permit is not a felony. Selling it may be illegal (though not necessarily a felony), but I suspect that the bond required will make it financially unattractive anyway - which is the whole point. They want their duty!

Unless anyone has specific information about South African law with respect to vehicle imports, then enough has been said on this topic!

Everyone to their corners and take a time out!
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