Cost of Non-Compliance
What Is the Penalty for Importing Phase 1 Goods Without a Certificate of Conformity?
The penalty for importing Phase 1 goods without a valid CoC is determined case-by-case under Section 91 of the Customs and Excise Act. There is no fixed penalty amount — the amount is determined after considering all the facts of each individual case. In addition to the administrative penalty, goods are liable to detention under §88(1)(a) and forfeiture under §87(1), and demurrage charges accrue from the carrier.
Section 91 Administrative Penalties
How the Penalty Is Calculated
Section 91 of the Customs and Excise Act provides for administrative penalties for customs offences. The SARS Customs External Policy SC-CO-01-02 (effective 31 March 2026) states: "A deposit is determined, for a possible penalty, after considering all the facts of each individual case." There is no fixed penalty schedule.
Factors that may influence the penalty amount include: the value of the goods, the nature of the non-compliance (deliberate vs inadvertent), the importer's compliance history, and whether the importer cooperated with SARS Customs during the investigation.
The Full Penalty Stack
Multiple Consequences Apply Simultaneously
Importing without a CoC does not result in a single penalty — multiple consequences apply simultaneously. The goods are detained under §88(1)(a). Demurrage charges accrue from the carrier (ZAR 6,693/day per container at Maersk Durban rates). An administrative penalty under §91 may be imposed. The goods may be forfeited under §87(1).
The total financial impact of non-compliance can easily exceed the value of the goods. For a R500,000 shipment held for 10 days with two containers, the demurrage alone is R133,860 — before any administrative penalty or forfeiture.
Criminal Liability
When Non-Compliance Becomes a Criminal Matter
In addition to administrative penalties, deliberate non-compliance with customs requirements can constitute a criminal offence under the Customs and Excise Act. Criminal liability is more likely in cases of deliberate circumvention of the CoC requirement (e.g., falsifying documentation or routing goods through third countries to avoid inspection).
For inadvertent non-compliance (e.g., an importer who was unaware of the requirement), criminal liability is less likely but administrative penalties and forfeiture still apply.
How to Avoid Penalties
The Only Reliable Prevention
The only reliable way to avoid penalties for importing without a CoC is to have a valid CoC for every Phase 1 shipment from Mainland China. Arrange the PVoC inspection before the goods leave China. Register the CoC on cofc. Give the verification URL to your clearing agent for the SAD500.
The cost of compliance (inspection fee + cofc registration) is significantly less than the cost of any penalty, demurrage, or forfeiture. There is no cheaper alternative to compliance.
Frequently Asked Questions
Common Questions
Is there a fixed penalty amount for importing without a CoC?
No. Section 91 of the Customs and Excise Act provides for administrative penalties determined case-by-case. There is no fixed penalty schedule. The amount depends on the facts of each case.
Can I pay the penalty and keep my goods?
Paying an administrative penalty does not automatically result in the release of detained goods. The goods may still be forfeited under §87(1) if they are found to be in contravention of the PVoC requirements. The penalty and the forfeiture are separate consequences.
What if I was unaware of the CoC requirement?
Ignorance of the law is generally not a defence to customs offences. However, the degree of culpability (deliberate vs inadvertent) may influence the penalty amount under §91. Importers who were genuinely unaware of the requirement may face lower penalties than those who deliberately circumvented it.
Does the penalty apply to the importer or the clearing agent?
The importer of record (the person or entity whose name appears on the SAD500) is responsible for compliance. The clearing agent submits the SAD500 on behalf of the importer but is not the importer of record. The penalty applies to the importer.
Continue Learning
What Happens If I Import Without a CoC?
The full consequences of non-compliance.
How Much Demurrage Will I Pay?
Demurrage cost calculation.
SARS Customs Detention Without a CoC
How the detention process works.
The PVoC Programme
Full regulatory context.
How to Apply for a Certificate of Conformity
How to get compliant.
No fixed penalty — but detention, forfeiture, and demurrage all apply. Get compliant.
Register your import CoC on cofc before your Phase 1 goods ship from China.
Sources: Government Gazette No. 54374 (20 March 2026); Customs and Excise Act 91 of 1964 §87, §88, §91; Maersk published demurrage tariff for Durban Container Terminal. Last verified: 3 May 2026. certificatesofconformity.co.za is an independent reference publication operated by LinkDaddy LLC, a Florida-registered US entity. Not affiliated with or endorsed by the SABS, NRCS, SARS, or any agency of the Government of South Africa.