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Vanuatu Consolidated Legislation - 1988 |
Commencement: 1 January 1964
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 31
EXPORT DUTIES
JR 6 of 1964
JR 12 of 1973
JR 25 of 1974
JR 3 of 1975
JR 18 of 1976
JR 15 of 1978
Act 33 of 1982
Act 3 of 1984
Act 40 of 1984
Act 6 of 1985
Act 25 of 1986
ARRANGEMENT OF SECTIONS
SECTION
1. Rates of export duty
2. Levying of export duty
3. Declaration of export or re-export
4. Amount of ad valorem export duty
5. Duty to be paid within 7 days
6. Re-exported goods not liable to export duty
7. Calculation of export duty
8. Offences
SCHEDULE 1 – Export duties payable
Part A - Ad-valorem duty
Part B - Specific duty
SCHEDULE 2 - Declaration of export or re-export
SCHEDULE 3 - Calculation of export duty
Part A - Products sold without forward contracts on overseas markets.
Part B - Products sold with an f.o.b. forward contract on overseas markets.
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EXPORT DUTIES
To provide for export duty and the levy and collection thereof.
RATES OF EXPORT DUTY
LEVYING OF EXPORT DUTY
Provided that it shall be lawful for the Director of Customs at his discretion to calculate duty on any products and goods on the net weight landed at the port of discharge.
DECLARATION OF EXPORT OR RE-EXPORT
Provided that should it be considered necessary to check the said weights the Director of Customs or his delegate or the District Commissioner may order any of the aforementioned products or goods declared as aforesaid to be re-weighed in his presence, and should the quantity of the said products or goods be found to be in excess of that declared, duty as aforesaid shall be payable on such excess and the cost of re-weighing shall be payable by the master, purser, supercargo or agent of the vessel before the sailing of the vessel.
(2) For the purpose of such re-weighing the Director of Customs and other authorised officers under this section shall have free access to the place where the product or goods aforementioned are kept and any person or persons obstructing the reweighing shall be guilty of an offence.
(3) Any person making a false declaration under this section shall be guilty of an offence.
AMOUNT OF AD VALOREM EXPORT DUTY
(2) The f.o.b. value of such products and goods exported shall be determined by the Director of Customs in such manner as he shall prescribe from time to time subject to the approval of the Minister responsible for finance.
(3) Exporters of products and goods subject to ad valorem duty or their agents, shall furnish the Director of Customs with such documents as he shall require for the purpose of determining the value of products and goods in accordance with subsection (2).
DUTY TO BE PAID WITHIN 7 DAYS
(2) In exceptional circumstances, or when f.o.b. value is being determined according to selling price, the Director of Customs may extend the period for payment.
(3) Where the f.o.b. value of products and goods subject to an ad valorem export duty cannot be accurately determined at the time of being loaded the Director of Customs may require payment of 90 per cent of the estimated duty. When in such cases the exact amount of duty payable is subsequently assessed in accordance with section 4(2) any additional amount due shall be payable within 7 days of the issue of a receivable order.
(4) Any person by whom export duty as aforesaid is legally payable who fails to pay the said duty within the prescribed time without reasonable cause shall be liable to pay a further sum at the rate of 5 per cent due for each 7 days of such retard.
RE-EXPORTED GOODS NOT LIABLE TO EXPORT DUTY
(2) Exported goods which are partly comprised of goods or materials of local origin of which are locally manufactured or processed regardless of the origin of the materials included therein, shall be liable to export duty and for this purpose shall be deemed not to include any imported goods or materials:
Provided that the Minister responsible for finance may in special cases exempt such goods from payment of all or part of the export duty to which they would otherwise be liable.
CALCULATION OF EXPORT DUTY
OFFENCES
___________________
SCHEDULE 1
EXPORT DUTIES PAYABLE
Part A - Ad-valorem Duty
Goods and Products
(2) Cocoa 7%
(3) Coffee 5%
(4) Fish, frozen 4%
(5) Meat: (a) frozen 2%
(b) canned 3%
(6) Shells: (a) unworked 15%
(b) worked 5%
(7) Sandalwood 12%
(8) Shark fins 10%
(9) Miscellaneous products 5%
______________________________
Part B - Specific Duty
Timber-coniferous logs (Kauri) kg/cu m 300 Vatu/cu m
Timber-non-coniferous logs (kohu, kg/cu m 300 Vatu/cu m
natsa, nakatabol and natapoa)
Timber-other wood in the rough kg/cu m 300 Vatu/cu m
Any notice requirement for the meeting was waived as all shareholders were present or represented.
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SCHEDULE 2
DECLARATION OF EXPORT OR RE-EXPORT
Vessel:
Consignor:
__________________
SCHEDULE 3
CALCULATION OF EXPORT DUTY
PART A
Products sold without forward contracts on overseas markets.
1. COPRA
Value to be taken into account:
Quotation of market price in "Marches Tropicaux" closest in date to the date of export.
Less deductions:
(i) shrinkage: 3.5 per cent
(ii) insurance: 1.5 per cent
(iii) freight at the real rate including bunkering charges
(iv) losses at real cost, less amount allowed for shrinkage.
Duty calculated
on copra in bulk-on metric tonnage exported
on copra in bags-on metric tonnage exported, less allowance of 1 kilogramme per bag.
2. CACAO
Value to be taken into account:
C.i.f. selling price upon presentation of sales accounts.
Deductions: insurance costs: 1.5 per cent, freight at the real cost including bunkering charges.
Duty calculated: on the f.o.b. value per metric ton, delivered as specified in the contract of sale.
3. COFFEE
Value to be taken into account:
C.i.f. selling price upon presentation of sales accounts.
Deductions: insurance costs: 1 per cent, freight at the real cost including bunkering charges.
Duty calculated: on the f.o.b. value per metric ton, delivered as specified in the contract of sale.
4. SANDALWOOD
Value to be taken into account:
C.i.f. selling price upon presentation of sales accounts.
Deductions: insurance costs: 1.5 per cent, freight at the real cost including bunkering charges.
Duty calculated: on the f.o.b. value per metric ton, delivered as specified in the contract of sale.
5. SHELLS (Trochus-Green snail)
Value to be taken into account:
C.i.f. selling price upon presentation of sales accounts.
Deductions: insurance costs: 1 per cent, freight at the real cost including bunkering charges.
Duty calculated: on the f.o.b. value per metric ton, delivered as specified in the contract of sale.
6. OTHER PRODUCTS
In any case where products other than those specified above are not exported under f.o.b. forward contracts the Director of Customs shall determine on request the f.o.b. value of such products according to the following basic principles:
(a) C. i.f. selling price to determine the value of the product.
(b) Deduct 1 per cent or 1.5 per cent for insurance costs according to which of the fixed rates is the closest.
(c) Deduct the real cost of freight including bunkering charges and connected charges added on to transport costs which can be excluded from definition of the f.o.b. value.
(d) Calculate duty on the f.o.b. value per metric ton, delivered as specified in the contract of sale.
PART B
Products sold with an f.o.b. forward contract on overseas markets.
1. COPRA
F.o.b. price given in forward contract.
Deductions: shrinkage: 3.5 per cent
Bulk copra: calculate duty on net weight exported
Bagged copra: calculate duty on gross weight exported less allowance of 1 kilo per bag.
2. CACAO
F.o.b. price given in forward contract.
Deductions: shrinkage: 1.5 per cent
Calculate duty on gross weight exported less allowance of 1 kilo per bag.
3. COFFEE
F.o.b. price given in forward contract.
Deductions: GRAINED coffee: shrinkage: 1 per cent
Coffee BEANS: shrinkage: 3 per cent
Duty calculated on gross weight exported less allowance of 1 kilo per bag.
4. SHELL
F.o.b. price given in forward contract.
Deductions: none
Calculate duties on gross weight exported less allowance of 1 kilo per sack or 2 kilos per double sack.
5. SANDALWOOD
F.o.b. price given in forward contract.
Deductions: shrinkage: 3.5 per cent
Calculate duties on gross weight exported less allowance of 1 kilo per sack or 2 kilos per double sack.
6. SCRAP METAL
When scrap metal (whether ferrous or not) is exported in 44-gallon drums, calculations of specific duty should be made on the gross weight exported less an allowance of 29 kilos per drum.
NOTE
In the case of products sold on C.i.f. forward contracts the value of exports shall be determined by the Director of Customs.
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