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South Africa (refine) → United States → United Kingdom · Loco London OTC sale and settlement

Public law and official guidance, published as research. Not legal, tax or financial advice.

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South Africa (Doré bar - unstamped → LBMA Good Delivery 400oz bar) ⟶ United States (LBMA Good Delivery 400oz bar) ⟶ United Kingdom (LBMA Good Delivery 400oz bar)

Not researched: South Africa → United States, United States → United Kingdom

Leg 1: South Africa

Where the goods start

Doré bar - unstamped → LBMA Good Delivery 400oz bar

  1. 1

    Apply to SADPMR on Form PMC for a certificate naming the unwrought gold to be acquired or disposed of and its source (police and tax clearance, business plan, fee R1,000)

    Who
    Precious-metals trader holding an SADPMR certificate
    Needs
    SAPS police clearance certificate; SARS tax compliance status / tax clearance
    Issues
    SADPMR certificate to acquire/dispose of unwrought precious metal
    Primary law
    • Precious Metals Act; Precious Metals Regulations, s.4(1)(d); regs 15-17

  2. 2

    Buy the gold from the certificate holder after confirming the certificate; take and keep the certificate

    Who
    Authorised dealer in gold
    Needs
    SADPMR certificate to acquire/dispose of unwrought precious metal
    Issues
    Register kept by certificate holder (Form PMR 6) or authorised dealer (s.15(1))
    Primary law
    • Precious Metals Act, s.14(1)-(2)

  3. 3

    Keep the transaction in the register immediately (date, parties, nature and mass, price)

    Who
    Authorised dealer in gold
    Issues
    Register kept by certificate holder (Form PMR 6) or authorised dealer (s.15(1))
    Primary law
    • Precious Metals Act, s.15(1)

      “immediately after the conclusion of each such transaction— (i) the date of the transaction; (ii) the names and addresses of the parties to the transaction; (iii) the nature and mass of the material ...”

  4. 4

    Mine ore within the mining-right area after giving the landowner or lawful occupier at least 21 days' written notice (s.5A(c)) and, from 7 December 2014, holding an environmental authorisation (s.5A(a))

    Who
    Mining-right holder (industrial gold mine)
    Needs
    Mining right (MPRDA s.23)
    Primary law

    [inferred] 7 December 2014 start of s.5A(a) calculated (see za.law-nemaa-2008).

    • MPRDA as amended by Act 49 of 2008, s.5A

  5. 5

    Process ore on the mine (milling, leaching, electrowinning) and smelt to dore bars

    Who
    Mining-right holder (industrial gold mine)
    Form
    Ore (in situ / run-of-mine) → Doré bar - unstamped
    Industry practice

    Process description is general industry practice; Rand Refinery confirms it refines dore and concentrates.

  6. 6

    Enter each production and disposal in the PMR1 producer register within 24 hours (date, parties, nature and mass, price)

    Who
    Mining-right holder (industrial gold mine)
    Needs
    SADPMR producer registration (PM REG1)
    Issues
    PMR1 producer register entry / quarterly copy
    Primary law
    • Precious Metals Act; Precious Metals Regulations, s.15(1); reg 33

      “immediately after the conclusion of each such transaction— (i) the date of the transaction; (ii) the names and addresses of the parties to the transaction; (iii) the nature and mass of the material ...”

  7. 7

    Carry doré from the mine to the refinery with the prescribed waybill (sender, recipient, contact persons, owner, invoice numbers inside and outside the packaging)

    Who
    Secure carrier of precious metal
    Issues
    Waybill, mine to refinery
    Primary law
    • Precious Metals Act; Precious Metals Regulations, s.13; reg 26

  8. 8

    Receive the dore from the producer after confirming the producer's right to dispose of it; record in the PMR2 register

    Who
    Refining-licence holder (refinery)
    Needs
    SADPMR refining licence; Waybill, mine to refinery
    Issues
    PMR2 refinery register entry / quarterly copy
    Primary law
    • Precious Metals Act, s.7(1), s.15(1), s.20(1)

  9. 9

    Weigh, sample and fire-assay the dore; issue the outturn to the producer

    Who
    Refining-licence holder (refinery)
    Issues
    Refiner outturn / assay report
    Industry practice

    Rand Refinery advertises 24-hour assaying; outturn format not seen.

  10. 10

    Mine within the permit area (max 5 ha) after environmental authorisation; recover gold by gravity/other processing and smelt to a button or bar

    Who
    Mining-permit holder (small-scale miner)
    Needs
    Mining permit (MPRDA s.27)
    Form
    Ore (in situ / run-of-mine) → Smelted button/bar
    Primary law
    • MPRDA as amended, s.5A, s.27

  11. 11

    Record production in the PMR1 register

    Who
    Mining-permit holder (small-scale miner)
    Needs
    SADPMR producer registration (PM REG1)
    Issues
    PMR1 producer register entry / quarterly copy
    Primary law
    • Precious Metals Act, s.15(1); reg 33

  12. 12

    Before buying: check the seller's mining permit (its right to dispose of the gold) and, where the buyer is a high-value goods dealer receiving payment of R100,000 or more, carry out FICA customer due diligence

    Who
    Precious-metals trader holding an SADPMR certificate
    Needs
    SADPMR certificate to acquire/dispose of unwrought precious metal
    Issues
    FICA customer due diligence record on seller
    Primary law
    • Precious Metals Act; FICA Schedule 1, PMA s.20(1)(b); FICA Sch.1 item 20, ss.20A-21H

  13. 13

    Sell and deliver the gold to the buyer, carried with the reg 26 waybill; buyer records the purchase in its register

    Who
    Mining-permit holder (small-scale miner)
    Issues
    Waybill, mine to refinery; Register kept by certificate holder (Form PMR 6) or authorised dealer (s.15(1)); Seller's sale record naming buyer's licence/permit/certificate
    Primary law
    • Precious Metals Act, s.4(1), s.13, s.15(1)

  14. 14

    Weigh, melt, sample and assay each lot on receipt; issue outturn (final assay and fine weight) to the depositor

    Who
    Refining-licence holder (refinery)
    Needs
    Refining agreement with depositor
    Issues
    Refiner outturn / assay report
    Industry practice
  15. 15

    Refine at the licensed premises and cast 400 oz Good Delivery bars, kilobars (995-999.9), minted bars (10/50/100 g, 999.9) or grain

    Who
    Refining-licence holder (refinery)
    Issues
    Refiner bar list for bars produced
    Form
    Doré bar - unstamped → LBMA Good Delivery 400oz bar
    Primary law
    • Precious Metals Act; Precious Metals Regulations, s.7(1), 7(5); reg 28 (minted bars)

  16. 16

    Record receipts and outputs in the PMR2 register within 24 hours

    Who
    Refining-licence holder (refinery)
    Issues
    PMR2 refinery register entry / quarterly copy
    Primary law
    • Precious Metals Act, s.15(1); reg 33

  17. 17

    Publish annual responsible-gold / LBMA compliance report

    Who
    Refining-licence holder (refinery)
    Issues
    Refiner responsible gold / LBMA compliance report
    Industry practice
  18. 18

    Apply to SADPMR on Form PEA for export approval (contract extract, monthly production vs sales projections showing contribution to local demand, police clearance, proof of premises, fee)

    Who
    Holder of an SADPMR export approval
    Needs
    SAPS police clearance certificate
    Issues
    SADPMR export approval for gold (PMA s.12)
    Primary law

    [conflict] see za.div-pea-form-wording

    • Precious Metals Act; Precious Metals Regulations, s.12(1); reg 23

  19. 19

    National Treasury approval to export the gold (PMA s.12(1), Exchange Control Reg 3). Manual C(B) sends all applications to export gold in any form to SADPMR; producers exempted by FinSurv from Reg 5 may sell their total output to approved counterparties, with full proceeds received in South Africa (C(F))

    Who
    National Treasury (as approving authority)
    Issues
    National Treasury approval to export gold (Exchange Control Reg 3; PMA s.12(1))
    Primary law

    [unconfirmed] Whether Treasury issues a separate approval per consignment, or its approval is given through the SADPMR process and the FinSurv exemption, is not stated in any text read.

    • Exchange Control Regulations 1961; Precious Metals Act, Reg 3; PMA s.12(1)

  20. 20

    Sign the sale contract and fix the price against the LBMA Gold Price; issue commercial invoice

    Who
    Holder of an SADPMR export approval
    Issues
    LBMA Gold Price reference; Commercial invoice
    Industry practice

    Rand Refinery says it acts as agent for producers and sells through LBMA members; contract terms not seen.

  21. 21

    File the SARS customs export declaration / bill of entry for export

    Who
    Holder of an SADPMR export approval
    Needs
    SADPMR export approval for gold (PMA s.12); National Treasury approval to export gold (Exchange Control Reg 3; PMA s.12(1)); Commercial invoice
    Issues
    SARS customs declaration / bill of entry for export
    Primary law

    [not-read] Customs and Excise Act procedure not held.

    • Customs and Excise Act 1964; Precious Metals Regulations, reg 24(2) (as substituted by GN R387)

  22. 22

    Carry the gold to OR Tambo with the reg 26 waybill; airline accepts as valuable cargo

    Who
    Secure carrier of precious metal
    Needs
    SARS customs declaration / bill of entry for export
    Issues
    Waybill, refinery/exporter to port of export; Air waybill, Johannesburg to destination
    Primary law
    • Precious Metals Act, s.13; reg 26

  23. 23

    Keep a copy of the bill of entry for export with all supporting documents for each consignment for three years after export

    Who
    Holder of an SADPMR export approval
    Needs
    SARS customs declaration / bill of entry for export
    Primary law

    [conflict] Form PEA (2025) reprints reg 24(2) as 'The application must contain a copy of the Bill of Entry'; GN R387 (2008) substituted reg 24(2) with this three-year retention duty (za.div-pea-form-wording).

    • Precious Metals Regulations, reg 24(2) as substituted by GN R387

      “The applicant must retain a copy of the Bill of Entry for Export issued in terms of the Customs and Excise Act, 1964 (Act 91 of 1964), together with all supporting documents in respect of each consignment of the precious metal exported in terms of the approval granted by the Minister for a period of three years after the date of export”

Taxes and fees

  • Mineral royalty - refined mineral resources (gold)

    Y = 0.5 + [EBIT / (gross sales x 12.5)] x 100, minimum 0.5%, maximum 5% Transfer of gold won or recovered in South Africa; not imported dore

    Primary lawAmount not confirmed
    • Mineral and Petroleum Resources Royalty Act 2008, s.2, s.3(1), s.4(1), s.4(3)(a), s.6, Schedule 1

  • Mineral royalty - small business exemption

    Exempt Small-scale producers

    Primary lawAmount not confirmed
    • Mineral and Petroleum Resources Royalty Act 2008, s.7

  • SADPMR licence and permit fees

    Refining licence R20,000; beneficiation licence R5,000; jeweller's permit R500; import permit R1,000; certificate R1,000; special permit R5,000; appeal R500 (Annexure A, 2014) Applications and renewals

    Primary lawAmount not confirmed
    • Precious Metals Regulations, Annexure A as substituted by GN R737 (GG 38014, 22 Sept 2014)

Controls

  • A business dealing in high-value goods (items valued in that business at R100,000 or more) is an accountable institution for transactions in which it receives payment of R100,000 or more (Schedule 1 item 20, from 19 Dec 2022): FIC registration (s.43B), risk management and compliance programme (s.42)…

    Payment of R100,000 or more in a transaction; goods valued at R100,000 or more

    Primary lawAmount not confirmed
    • FICA 38 of 2001, Schedule 1 item 20; ss.20A-21H, 22-23, 28, 29, 42, 43B

  • A UN Security Council Chapter VII resolution identifying persons or entities 'has immediate effect for the purposes of this Act upon its adoption' (FICA s.26A(1)); the FIC Director must give notice of it (s.26A(3)). No person may, directly or indirectly, acquire, collect, use, possess or own propert…

    Primary law
    • FICA 38 of 2001, ss.26A-26C

      “A resolution adopted by the Security Council of the United Nations when acting under Chapter VII of the Charter of the United Nations, providing for financial sanctions which entail the identification of persons or entities against whom member states of the United Nations must take the actions specified in the resolution, has immediate effect for the purposes of this Act upon its adoption by the Security Council of the United Nations.”

  • Contravening s.5(4) (as enacted; replaced by s.5A from 7 June 2013), 19, 20(2) or 28 is an offence with a fine up to R100 000 or up to two years' imprisonment, or both (s.99(1)(a)); failing to notify the Minister before beneficiating abroad (s.26(3)) carries up to R500 000 for each day (s.99(1)(f)).

    Primary law
    • MPRDA 2002, ss.98, 99(1)(a), 99(1)(f)

  • Goods exported for sale must be sold, and the full proceeds received, not later than six months from shipment; an Authorised Dealer may allow credit of up to 12 months. Proceeds must be offered for sale to an Authorised Dealer within 30 days or dealt with under the CFC rules. The Authorised Dealer r…

    Official guidance
    • Exchange Control Regulations; Currency and Exchanges Manual, Regs 6, 10, 11; B.18(B), (D)

  • No export of unwrought or semi-fabricated gold except with the approval of the National Treasury under the Exchange Control Regulations, granted with the Minister's concurrence (PMA s.12(1)); no gold may be exported without Treasury permission (Reg 3); applications to export gold in any form are ref…

    Primary law
    • Precious Metals Act; Exchange Control Regulations, PMA s.12(1); Reg 3

  • Producers submit gold specimens (nuggets, concentrate, dore) to the SAPS Forensic Science Laboratory every six months, and importers submit specimens of imported metal, building a forensic database to trace seized gold to its source.

    Primary law
    • Precious Metals Act; Precious Metals Regulations, s.22(1); reg 29

      “Any producer or any person who imports precious metal must submit to the Forensic Science Laboratory of the South African Police Service such specimens of any precious metals produced or imported by him or her as may be prescribed.”

  • Except with Treasury permission, only authorised dealers may buy, borrow, sell or lend gold other than wrought gold (Reg 2). A resident entitled to sell gold must offer it for sale to the Treasury within 30 days unless exempted (Reg 5). Producers exempted by FinSurv from Reg 5 may sell their total o…

    Primary law
    • Exchange Control Regulations 1961, Regs 2, 5, 22

  • No import of unwrought or semi-fabricated precious metal without an SADPMR import permit (valid up to one year), issued after consulting the National Commissioner and the National Treasury, on documentary proof of origin (s.10(2)); the Regulator or SAPS may inspect and sample imported metal (s.10(3)…

    Primary law
    • Precious Metals Act, s.10, s.22(1)

      “must state the origin of the precious metal in question, the purpose of the import”

  • Export approval requires projections of monthly production against sales showing the applicant contributes to local demand; approval only where provision has been made to meet local demand for beneficiation.

    Primary law
    • Precious Metals Regulations; Precious Metals Act, reg 23(3)(a) as substituted by GN R387

  • Minted gold bars must be 10, 50 or 100 g, of prescribed dimensions and at least 999.9 fine (reg 28, Annexure B Table 1); only approved manufacturers may make them and no more than 500 000 troy ounces a year may be manufactured (reg 27B).

    Primary law
    • Precious Metals Regulations, regs 27B, 28; Annexure B

      “The quantity of minted bars that maybe manufactured in the Republic may not exceed 500 000 troy ounces in a calendar year”

  • Only a refining-licence holder, an authorised dealer, a producer (for gold it won or recovered), an SADPMR certificate holder, a holder of a special permit (metal not exceeding a prescribed mass, for scientific or beneficiation purposes or jewellery) or a beneficiation-licence holder may acquire, po…

    Primary law
    • Precious Metals Act, s.4(1), s.20(1)

  • Rand Refinery, as an LBMA Good Delivery refiner, applies KYC and conflict-free sourcing policies to depositors and publishes responsible-gold and LBMA compliance reports.

    Industry practice
    • LBMA Responsible Gold Guidance

  • Unwrought or semi-fabricated gold may not be carried outside a mine or refinery boundary without the prescribed waybill.

    Primary law
    • Precious Metals Act; Precious Metals Regulations, s.13; reg 26

Leg 2: United States

On the way

  1. 24

    Screen the supplier and the gold: KYC, OFAC sanctions lists, and confirm the gold is not of Russian Federation origin (unless it was outside Russia before 28 June 2022); apply CAHRA red flags from the 2023 Africa Gold Advisory

    Who
    Importer of record (bullion bank, trader, refiner or dealer)
    Needs
    Commercial invoice; Bar list (serials, weights, fineness)
    Issues
    Importer's supplier KYC and OFAC / Russian-origin screening file
    Primary law
    • E.O. 14068; OFAC Determination (effective 28 Jun 2022, amended 22 Dec 2023), E.O. 14068 s.1(a)(i); determination under s.1(a)(i)(A), 1(b) and 5; delegation 31 CFR 587.802

  2. 25

    File entry (CBP Form 3461 or electronic equivalent) with evidence of the right to make entry, commercial invoice and packing list, and the entry summary (CBP Form 7501) classifying the gold under HTSUS 7108 with country of origin; deposit any duty (heading 7108 free except 4.1% on 7108.12.50 and 7108.13.70 for non-preference origins) and the 0.3464% merchandise processing fee; shipments of $2,500 or less may use informal entry

    Who
    Licensed customs broker
    Needs
    Importer's supplier KYC and OFAC / Russian-origin screening file; Commercial invoice; Packing list; Air waybill
    Issues
    CBP Form 3461 entry / immediate delivery (or ACE electronic equivalent); CBP Form 7501 entry summary (HTSUS classification, origin, duties and fees)
    Primary law
    • 19 CFR 142.3; 19 CFR 143.21; 19 CFR 24.23; HTSUS 7108

  3. 26

    Review, examine if selected, and release the goods; CBP enforces the Russian-origin gold ban and any withhold release order on gold made with forced labour

    Who
    US Customs and Border Protection
    Needs
    CBP Form 3461 entry / immediate delivery (or ACE electronic equivalent)
    Issues
    CBP release of entered goods (ACE cargo release)
    Primary law
    • 19 CFR 142.3; E.O. 14068 gold determination; 19 U.S.C. 1307 and 19 CFR 12.42

  4. 27

    Deliver released gold directly to the refinery or to a COMEX-approved depository (for COMEX, bars must come directly from an approved producer or assayer with certificates, or from another depository)

    Who
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    Needs
    CBP release of entered goods (ACE cargo release)
    Issues
    Delivery record airport to refinery or depository
    Standard
  5. 28

    Deliver bars into a COMEX-approved depository directly from the approved producer with refiner certificates, from an approved assayer with assay certificates, or from another approved depository

    Who
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    Needs
    Refiner certificate for bars produced (brand, serial, weight, fineness)
    Issues
    Chain-of-integrity receipt at depository
    Standard
  6. 29

    Inspect and weigh the bars and record them as eligible stock

    Who
    COMEX-approved depository / bullion vault
    Needs
    Chain-of-integrity receipt at depository; Bar list (serials, weights, fineness)
    Issues
    Depository inspection, weight record and eligible-stock entry
    Standard
  7. 30

    Issue an electronic warrant in the name of the clearing member, referencing bar serials and the approved producer; the metal becomes registered (deliverable) stock

    Who
    COMEX-approved depository / bullion vault
    Needs
    Depository inspection, weight record and eligible-stock entry
    Issues
    COMEX gold warrant (electronic UCC Article 7 document of title)
    Standard
    • COMEX Rulebook; UCC Article 7, Rule 705.A; 113108

  8. 31

    Report eligible, pledged and registered stocks to the exchange registrar daily by 2:00 p.m.

    Who
    COMEX-approved depository / bullion vault
    Standard
  9. 32

    Optionally pledge the warrant to CME as collateral (title to CME, first-priority security interest, 15% haircut)

    Who
    Futures clearing member / bullion bank
    Needs
    COMEX gold warrant (electronic UCC Article 7 document of title)
    Standard
  10. 33

    Release the bars from the depository (load-out after warrant cancellation if on COMEX warrant) to the carrier

    Who
    COMEX-approved depository / bullion vault
    Needs
    Depository inspection, weight record and eligible-stock entry
    Standard
  11. 34

    File EEI in AES for the foreign-origin gold and give the ITN to the carrier (same rules as export; BIS licence for Russia/Belarus)

    Who
    US principal party in interest (USPPI) / exporter
    Issues
    EEI/ITN for re-export of foreign-origin gold
    Primary law
    • Foreign Trade Regulations, 15 CFR 30.2, 30.4

Taxes and fees

  • Customs duty on gold (HTSUS 7108)

    Column 1 general: Free on 7108.11.00 (powder), 7108.12.10 (bullion and dore), 7108.13.10 (gold leaf), 7108.13.55 (rectangular or near-rectangular shapes of 99.5%+ gold marked only with weight, purity or other identifying information), 7108.20.00 (monetary); 4.1% on 7108.12.50 (other unwrought) and 7108.13.70 (other semi-manufactured), Free for special programmes A, AU, BH, CL, CO, D, E, IL, JO, KR, MA, OM, P, PA, PE, S, SG (General Note 3(c)(i): e.g. S = USMCA, PE = Peru TPA, CO = Colombia TPA, AU = Australia FTA, CL = Chile FTA, SG = Singapore FTA, A = GSP, D = AGOA). Column 2: 65% on 7108.12.50 and 7108.13.70, 8% on gold leaf, Free on the others (7108.13.55 footnoted "See 9903.90.08") All imports of gold

    Primary lawAmount not confirmed
    • HTSUS (Revision 19, 2026), heading 7108

  • Nevada gold and silver excise tax

    0.75% of Nevada gross revenue above $20,000,000 up to $150,000,000 (i.e. $975,000 at $150m) plus 1.1% of the excess over $150,000,000; nothing due if $20,000,000 or less

    Official guidanceAmount not confirmed
    • NRS 363D (per Department of Taxation form EXC-F029), NRS 363D.160 (as cited by the Department)

  • IEEPA reciprocal tariff (E.O. 14257) - ended February 2026; gold bullion exempt throughout, other 7108 lines exempt from 8 Sep 2025

    10% on all imports from 12:01 a.m. EDT 5 Apr 2025 (E.O. 14257 s.3(a)) plus country-specific rates from 9 Apr 2025 as modified; goods in Annex II excepted 7108.12.10 (bullion and dore) was already in Annex II; E.O. 14346 Annex II (FR 43788-43789) marks 7108.11.00, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70 and 7108.20.00 as "Addition" for goods entered from 12:01 a.m. EDT 8 Sep 2025. Before that, cast kilobars and 100 oz bars classified in 7108.13.5500 paid the additional duty (CBP ruling N351466: "subject to an additional 10 percent ad valorem rate of duty").

    Primary lawAmount not confirmed
    • E.O. 14257 as modified by E.O. 14346 (IEEPA); ended by E.O. 14389

  • Additional duty on Russian products (9903.90.08)

    35% ad valorem in lieu of column 2 rates Products of Russia in U.S. note 30(b); of heading 7108 only 7108.13.55 is listed. Moot for gold: its import is prohibited (us.ctl-russia-gold-ban)

    Primary lawAmount not confirmed
    • HTSUS chapter 99, 9903.90.08

  • Section 122 temporary import surcharge (Proclamation 11012) - gold excepted

    10% ad valorem on articles of any country (heading 9903.03.01), in addition to other duties; not applied to the goods listed in U.S. note 2(aa)(ii) (heading 9903.03.03), which include every 7108 subheading: 7108.11.00, 7108.12.10, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70, 7108.20.00 Gold of HTSUS 7108 excepted ("metals used in currency and bullion", Proc. 11012 para. 14(b); Annex I para. 2; Annex II)

    Primary lawAmount not confirmed
    • Trade Act of 1974 s.122 (19 U.S.C. 2132); Proclamation 11012; HTSUS U.S. note 2(aa), subchapter III, chapter 99, 9903.03.01; 9903.03.03; note 2(aa)(ii)

  • Section 301 forced-labor tariffs on 60 economies (USTR, from 24 Jul 2026) - gold excluded

    Additional 10% or 12.5% ad valorem depending on the economy (headings 9903.05.20-9903.05.84), e.g. Canada 10% (9903.05.29), Mexico 10% (9903.05.55), United Kingdom 10% (9903.05.81), Peru 12.5% (9903.05.63), Colombia 12.5% (9903.05.32), United Arab Emirates 12.5% (9903.05.80), Switzerland: for goods whose column-1 rate is under 12.5%, column-1 rate plus additional duty totalling 12.5% (9903.05.74; note 52(k)); the same top-up method applies to the EU, Japan, South Korea and Taiwan headings; not applied to articles in U.S. note 52(b) (heading 9903.05.86), which lists 7108.11.00, 7108.12.10, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70 and 7108.20.00 All HTSUS 7108 gold excluded; applies to other products of the listed economies

    Primary lawAmount not confirmed
    • Trade Act of 1974 s.301 (19 U.S.C. 2411); USTR notice FR Doc. 2026-15181; HTSUS U.S. note 52, subchapter III, chapter 99, 9903.05.20-9903.05.84; 9903.05.86; note 52(b)

  • VAT / sales tax on gold

    No federal VAT or import VAT; state sales taxes vary - about 33 states exempt investment bullion or have no sales tax (Mar 2026) Bullion sales to end buyers

    Secondary
  • BLM mining claim fees

    $49 location fee and $200 initial maintenance fee per new lode claim, mill site or tunnel site; $200 annual maintenance fee (placer: per 20 acres or portion) due on or before 1 September; processing fees per 43 CFR 3000.12 ($25 per new claim on the BLM page)

    Primary lawAmount not confirmed
    • 30 U.S.C. 28f; 43 CFR 3830.21, 43 CFR 3830.21(a), (d)

  • Merchandise processing fee

    0.3464% ad valorem on formal entries (19 CFR 24.23(b)(1)(i)(A)); minimum/maximum per entry $33.58/$651.50 for fiscal year 2026 (1 Oct 2025-30 Sep 2026, CBP Dec. 25-10) and $34.58/$670.86 from 1 Oct 2026 (FY2027 notice); base amounts $25/$485 CPI-adjusted; informal entries a flat fee (base $2-$9)

    Primary lawAmount not confirmed
    • 19 CFR 24.23, 24.23(b)(1)(i), (b)(2)

Controls

  • Beneficial ownership reporting under the Corporate Transparency Act applies only to a "reporting company" defined as an entity "(A) A corporation, limited liability company, or other entity; (B) Formed under the law of a foreign country; and (C) Registered to do business in any State or tribal juris…

    Primary law
    • 31 CFR 1010.380, 1010.380(a)(1), (c)(1)(ii)

  • Any trade or business receiving more than $10,000 in currency in one or related transactions must file Form 8300 within 15 days. There is no cash ceiling, only reporting.

    > $10,000 cash

    Primary lawAmount not confirmed
    • 31 CFR 1010.330; 26 USC 6050I, 1010.330(a)(1)(i)

  • Gold bullion is not a 'monetary instrument' under the BSA, so the cross-border currency report (CMIR) does not apply to gold carried or shipped across the border; customs entry and EEI are the only declarations.

    Primary law
    • 31 CFR 1010.340; 31 CFR 1010.100(dd), 1010.340(a); 1010.100(dd)

  • COMEX gold delivery: one 100 oz bar or three 1 kg bars, weight tolerance 5%, minimum 995 fineness, approved brand from an approved producer complying with LBMA RGG, held in an approved depository reached through the chain of integrity.

    Standard
    • COMEX Rulebook, 113101; Rules 703.A, 705.A

  • SEC-reporting issuers that manufacture or contract to manufacture products in which gold is necessary must "conduct in good faith a reasonable country of origin inquiry" (Form SD Item 1.01(a)); if they know or have reason to believe the gold may come from the DRC or an adjoining country and may not …

    Primary law
    • Dodd-Frank s.1502; Exchange Act Rule 13p-1; Form SD (as adopted 2012), 17 CFR 240.13p-1; Form SD Items 1.01-1.02

  • Dealers in precious metals (gold of 500+ fineness among covered goods) must keep a written risk-based AML program with compliance officer, training and independent testing; retailers are covered only if they buy over $50,000 from non-dealers.

    Purchased > $50,000 and sold > $50,000 of covered goods in the prior year

    Primary lawAmount not confirmed
    • 31 CFR 1027, 1027.100, 1027.210

  • HS 710812 and 710813 (non-monetary gold, unwrought other than powder, and semi-manufactured) are listed EAR 'luxury goods': "A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 5 to this part to or within Russia or Belarus" (746.8(…

    Primary law
    • EAR 15 CFR 746.8(a)(7), (b)(3); Supplement No. 5 to Part 746, 746.8(a)(7)

  • Goods "mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry" (19 U.S.C. 1307). Where information "reasonably but not conclusively indicates" such merchandise is bein…

    Primary law
    • Tariff Act of 1930 s.307 (19 U.S.C. 1307); 19 CFR 12.42, 19 U.S.C. 1307; 19 CFR 12.42(e)-(h)

  • US persons may not deal with SDN-listed parties; the 2023 multi-agency Africa Gold Advisory flags Wagner-linked gold from CAR and Sudan and conflict gold from Mali and Burkina Faso, warning of designation and penalties.

    Official guidance
    • IEEPA-based OFAC programs

  • Historical (2025 - Feb 2026): E.O. 14257 imposed an additional 10% on all imports from 5 Apr 2025 and country rates from 9 Apr 2025, with Annex II exceptions that from the start included 7108.12.10 (bullion and dore). CBP ruling N351466 (31 Jul 2025) classified cast 1 kg and 100 oz bars from Switzer…

    Primary law
    • E.O. 14257; E.O. 14346; E.O. 14389; Proclamation 11012; HTSUS U.S. notes 2(aa) and 52

  • Import into the US of gold of Russian Federation origin is prohibited unless licensed by OFAC; gold of Russian origin located outside Russia before 28 June 2022 is excluded.

    Primary law
    • E.O. 14068 as amended by E.O. 14114; OFAC Determination (effective 28 Jun 2022, amended 22 Dec 2023), E.O. 14068 s.1(a)(i)(A) (as amended by E.O. 14114 s.3(a)); delegation 31 CFR 587.802

Leg 3: United Kingdom

Where the goods arrive

  1. 35

    Apply customer due diligence to the foreign seller before buying (identity, beneficial owner, purpose, risk assessment, sanctions/PEP screening)

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Issues
    Supplier KYC pack received by the UK buyer; MLR customer due diligence file
    Primary law

    [unconfirmed] Whether a non-bank wholesale bullion trader paid by wire is within the MLR at all (e.g. as a financial institution under reg 10) - consolidated MLR not held. [not-read] Reg 27 quoted via WebFetch; MLR not held.

    • Money Laundering Regulations 2017, reg 27

  2. 36

    Establish that the gold is not Russian-origin gold exported from Russia on or after 21 Jul 2022, not relevant processed gold incorporating such gold, and not Russian gold jewellery exported on or after 29 Oct 2022; check where the goods were originally consigned or exported from; if Russian origin is possible, apply to DBT's Import Sanctions Team for a licence or contact it; declare document code 9022 (not subject to / exempt from sanctions) or 9011 (licence) on CDS and keep the evidence to produce on demand

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Needs
    Export customs declaration accepted by the dispatching country's customs
    Issues
    Importer's Russia-sanctions origin evidence file
    Primary law

    [inferred] The guidance and tariff do not list specific evidence documents; the required kinds are this module's inference.

    • Russia (Sanctions) (EU Exit) Regulations 2019 as amended by SI 2022/850 and SI 2022/1110, regs 46Z11, 46Z16B, 46Z16C

  3. 37

    Fly the bars into the UK as valuable cargo (typically Heathrow) under an air waybill

    Who
    Secure valuables carrier
    Issues
    Air waybill, inbound valuables consignment
    Unverified

    UK valuables-cargo handling not researched in this pass.

  4. 38

    Submit a full import declaration on CDS (procedure code, commodity code 7108 12 00 00 for unwrought gold, DUCR, consignor/consignee, value, licences; EORI); declare sanctions document code 9022 or 9011; claim the investment-gold VAT exemption with additional code VATE where the bars are 995+ of a weight accepted by the bullion markets

    Who
    Customs agent / declarant using CDS software
    Needs
    EORI number of importer/exporter; Importer's Russia-sanctions origin evidence file; Air waybill, inbound valuables consignment; Air waybill; Commercial invoice; Bar list (serials, weights, fineness)
    Issues
    CDS full import declaration
    Official guidance

    [conflict] gb.div-cpc-chief - VAT Notice 701/21 s.8.1 still gives CHIEF CPC 40 00 073; the tariff (28 Sep 2026) shows the exemption as additional code VATE. [not-read] The CDS procedure code and DE 1/10-1/11 entries for investment gold not read (UK Trade Tariff Vol. 3 listed in gb-fetch.tsv).

  5. 39

    Account for import VAT: exempt for investment gold (additional code VATE); 20% standard rate (code 03020) on non-investment gold (dore, grain, scrap, sub-995 bars, non-qualifying coins); customs duty 0.00% (third-country rate on 7108 12, S.I. 2020/1430)

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Needs
    CDS full import declaration
    Official guidance
    • VAT Act 1994 Sch 9 Group 15; VAT Notice 701/21, Notice s8.1, s10.7

  6. 40

    Clear the goods (CDS message when cleared), or ask for supporting documents for a customs check; for 7108 the Russia/Belarus measures read "Import allowed after control"; HMRC enforces trade sanctions at the border

    Who
    HMRC (customs and VAT authority)
    Needs
    CDS full import declaration
    Issues
    CDS clearance notification (goods released)
    Official guidance
  7. 41

    Give the custodian written notice of the deposit (amount, Availability Date, and the carrier and packing for physical delivery, or the source account for book-entry); advise the vault manager of the vehicle registration and driver's identity

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Needs
    CDS clearance notification (goods released)
    Issues
    Deposit notice to London custodian
    Standard
    • LPMCL Allocated Account Agreement; LBMA Good Delivery Rules, Allocated cl. 3.3 (Unallocated cl. 3.2); GD Rules Annex B s.2

  8. 42

    Weigh the bars under the London weighing procedures (the receiving party may charge for weighing if not weighed by an Approved Weigher) and produce the machine-readable, dated weight list stating whether an Approved Weigher weighed the metal; a copy travels with the bars

    Who
    LBMA Approved Weigher
    Issues
    Machine-readable LBMA weight list accompanying the delivery (dated, approved-weigher status)
    Standard
    • LBMA Good Delivery Rules, Annex B

  9. 43

    Receive bars on pallets; before crediting, verify compliance with the Rules and weigh them per LBMA practice against the notified amount; the vault manager may refuse bars not meeting Good Delivery standards and may ask LBMA to appoint independent inspectors

    Who
    London commercial vault / custodian (typically a clearing or custodian bank)
    Needs
    Deposit notice to London custodian; Machine-readable LBMA weight list accompanying the delivery (dated, approved-weigher status)
    Standard
    • LPMCL Allocated/Unallocated Account Agreements; LBMA Good Delivery Rules, Allocated cl. 3.1(b), 3.4, 3.5; Unallocated cl. 3.1(b), 3.3, 3.4; GD Rules 2.4 and Annex B

  10. 44

    For bars of the six suspended Russian refiners: accept only bars produced while the refiner was listed and already in the loco London/Swiss markets before 7 Mar 2022; clearing banks attest conformity

    Who
    London commercial vault / custodian (typically a clearing or custodian bank)
    Needs
    Machine-readable LBMA weight list accompanying the delivery (dated, approved-weigher status)
    Standard

    Separately, UK law bans import of Russian gold exported from Russia on or after 21 Jul 2022. [unconfirmed] GD Rules 2026 s.1.4 says bars of a refiner moved to the Former List for sanctions reasons may lose Good Delivery status; LBMA's specific Russian-bars page keeps pre-7 Mar 2022 loco London/Swiss stocks as Good Delivery - the model follows the specific page.

    • LBMA Good Delivery List suspension notice (7 Mar 2022)

  11. 45

    Credit the client: an allocated account (specific bars, title stays with client, weight list issued) or an unallocated account (a metal debt claim on the custodian); statements at least annually

    Who
    London commercial vault / custodian (typically a clearing or custodian bank)
    Needs
    Machine-readable LBMA weight list accompanying the delivery (dated, approved-weigher status)
    Issues
    Allocated weight list (bar number, gross weight, fineness, fine weight, brand) or unallocated balance statement
    Standard
    • LPMCL Account Agreements, Allocated cl. 2.3, 7.3 and Schedule (bar numbers, purity, gross and fine weight, brand); Unallocated cl. 1.1, 2.3, 3.3

  12. 46

    Central-bank channel: hold Good Delivery bars in an allocated account at the Bank of England (off the Bank's balance sheet)

    Who
    Bank of England (gold custodian)
    Form
    LBMA Good Delivery 400oz bar → Monetary gold (central bank reserve)
    Official guidance

    Monetary state applies when held as reserves by a monetary authority.

  13. 47

    Report month-end holdings to LBMA (London vault data) and, from Dec 2026, aggregated vault data into the Gold Bar Integrity database (bar-level reporting planned from 2027)

    Who
    London commercial vault / custodian (typically a clearing or custodian bank)
    Issues
    Custodian holdings return to LBMA (London vault data / GBI)
    Standard
  14. 48

    Onboard the counterparty: MLR customer due diligence and sanctions representations in the account agreement

    Who
    LPMCL clearing member bank
    Issues
    MLR customer due diligence file
    Primary law

    [not-read] MLR reg 27 quoted via WebFetch; MLR not held.

    • MLR 2017; LPMCL account agreements, MLR reg 27; LPMCL Allocated cl. 10 / Unallocated cl. 8

  15. 49

    Agree the OTC trade (spot/forward) under the 1994 International Bullion Master Agreement (IBMA) or an ISDA Master Agreement with the 1997 ISDA Bullion Definitions; LBMA Members must comply with the Global Precious Metals Code

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Needs
    MLR customer due diligence file
    Issues
    OTC bullion trade confirmation (IBMA 1994 / ISDA Bullion Definitions 1997)
    Standard
  16. 50

    Apply the VAT treatment: investment gold between LBMA members is zero-rated (TMO); gold held in the UK between central banks, or between a central bank and an LBM member, is zero-rated (VATA Sch 8 Group 10); investment gold between an LBMA member and a taxable non-member is standard-rated under the special accounting scheme (the buyer accounts for the VAT); to private individuals it is exempt; other investment gold is exempt unless the supplier has opted to tax; standard-rated gold (fine gold, grain, scrap, opted investment gold) between VAT-registered traders goes under the compulsory special accounting scheme

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Needs
    OTC bullion trade confirmation (IBMA 1994 / ISDA Bullion Definitions 1997)
    Official guidance

    [conflict] gb.div-tmo-member-category. [not-read] TMO arts 3-7 and VATA s.55 not held; the member/non-member rule is from VGOLD1600 ("Supplies of investment gold between members and non-members who are taxable persons are now standard-rated") and Notice 701/21 ss. 11.2, 11.5.

    • VAT (Terminal Markets) Order 1973; VATA 1994 s.55, Sch 8 Group 10, Sch 9 Group 15

  17. 51

    Settle loco London: book transfer between unallocated accounts through LPMCL members (client instructions by 16:00, inter-member by 16:30 London), or transfer of specific allocated bars

    Who
    LPMCL clearing member bank
    Needs
    OTC bullion trade confirmation (IBMA 1994 / ISDA Bullion Definitions 1997); Allocated weight list (bar number, gross weight, fineness, fine weight, brand) or unallocated balance statement
    Issues
    Loco London settlement: transfer between unallocated accounts via LPMCL members, or allocated bar transfer
    Standard

    Cut-offs (client instructions until 4.00pm, LPMCL members until 4.30pm London time) confirmed in the held 2017 OTC Guide; the current web section not held.

  18. 52

    Pay the cash leg against metal settlement

    Who
    LPMCL clearing member bank
    Needs
    Loco London settlement: transfer between unallocated accounts via LPMCL members, or allocated bar transfer
    Issues
    Cash-leg payment for the metal
    Unverified

    Cash-leg timing and DvP arrangements not documented in the sources read.

  19. 53

    For exempt investment gold: issue an invoice with a unique number and the prescribed details for each sale over GBP 5,000 (or smaller sales once a customer passes GBP 10,000 in 12 months); keep the accounting and customer records (identity from one List 1 and one List 2 document) for at least 6 years; notify HMRC in writing within 28 days of the first exempt supply over GBP 5,000 or when supplies to one customer exceed GBP 10,000 in 12 months; failures attract a penalty normally of 17.5% of the transactions' value

    Who
    Bullion dealer / trader (importer of record, usually an LBMA member)
    Needs
    Loco London settlement: transfer between unallocated accounts via LPMCL members, or allocated bar transfer
    Issues
    Investment gold invoice (VAT tertiary legislation s.3 / VAT Regs reg 31A); Investment gold customer records and identity evidence; Notification to HMRC of exempt investment gold dealing (within 28 days)
    Primary law

    Tertiary legislation (force of law, held). [unconfirmed] The general 6-year retention and the 17.5% penalty are in Notice 701/21 ss. 7.7 and 9.4, outside the passages marked as having force of law.

    • VAT Regulations 1995; VAT tertiary legislation (gold), reg 31A

  20. 54

    Keep MLR records 5 years; nominated officer files a suspicious activity report where there is suspicion

    Who
    LPMCL clearing member bank
    Needs
    MLR customer due diligence file
    Issues
    Suspicious activity report to the National Crime Agency
    Official guidance

    MLR record-keeping regulation not held; 5 years from the end of the relationship or completion of the transaction per HMRC guidance.

Taxes and fees

  • Customs duty on gold (UK Global Tariff)

    0.00% (third-country duty on 7108 12 00 00; preferential rates also 0.00%) HS 7108 12 00 00 non-monetary gold, other unwrought forms (read); 7108 13 and 7112 91 not held

    Official guidanceAmount not confirmed
    • Customs Tariff (Establishment) (EU Exit) Regulations 2020 (S.I. 2020/1430), as shown on the tariff

  • Import VAT on investment gold

    Exempt Bars/wafers 995+ of a weight accepted by the bullion markets; qualifying coins

    Official guidanceAmount not confirmed
    • VAT Act 1994 Sch 9 Group 15; VAT Notice 701/21 s.8.1; UK tariff additional code VATE

  • Import VAT on non-investment gold

    20% (standard rate; tariff code 03020) Doré, grain, scrap, bars below 995, non-qualifying coins

    Official guidanceAmount not confirmed
    • VAT Notice 701/21, s10.7

  • VAT exemption for supplies of investment gold (with option to tax)

    Exempt Supplies of investment gold (incl. rights to it, unallocated gold, loans, swaps, forwards and futures; not options) and agents' services for them; not between an LBMA member and a taxable non-member (standard-rated, SAS)

    Official guidanceAmount not confirmed
    • VAT Act 1994 Sch 9 Group 15; VAT (Investment Gold) Order 1999

  • Special accounting scheme (reverse charge) for gold

    20%, accounted for by the buyer Standard-rated B2B supplies between VAT-registered (or liable) persons: fine gold, gold grain, gold coins (not margin-scheme), gold-containing goods priced at no more than a negligible amount above the gold value, investment gold on which the option to tax is exercised or supplied between an LBMA member and a non-member, and treatment/processing services producing such gold (Notice 701/21 s.11.2)

    Official guidanceAmount not confirmed
    • VAT Act 1994 s.55 (named in VGOLD1700; statute not held)

  • Zero rate for London Bullion Market and central-bank gold transactions

    0% Investment gold (incl. futures and options) between taxable LBMA members (TMO; Notice 701/9 s.3.2.4); gold, rights to or part interests in gold held in the UK between central banks or between a central bank and an LBM member (VATA Sch 8 Group 10; Notice 701/21 s.10.4). Not zero-rated: investment gold between an LBMA member and a taxable non-member (standard-rated, special accounting scheme); a futures contract between a member and a non-member that leads to physical delivery (Notice 701/9 s.3.3.2).

    Official guidanceAmount not confirmed
    • VAT (Terminal Markets) Order 1973 art. 2(2), (4) and arts 4-7; VATA 1994 s.50, Sch 8 Group 10

  • HMRC MLR registration and annual supervision fee

    Not read

    Official guidance

Controls

  • The UK tariff attaches to 7108 12 00 00 a "Restriction on entry into free circulation for Belarus" (from 30 Sep 2023; legal base SI 2023/616) and a "Restriction on export for Belarus" (legal base SI 2022/748): allowed with document code 9011 (DBT licence, GBSAN reference) or 9022 (not subject to / e…

    Official guidance
    • Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 as amended

  • A trader accepting or making a cash payment of GBP 10,000 or more for goods (single or linked) is a high value dealer: must register with HMRC first and apply CDD. Threshold changed from EUR 10,000 to GBP 10,000 with effect from 30 Jun 2026.

    GBP 10,000 cash (EUR 10,000 before 30 Jun 2026)

    Primary lawAmount not confirmed
    • MLR 2017 as amended by SI 2026/621, regs 14, 27(3); SI 2026/621 reg 9

  • Regulated firms apply CDD on a business relationship, a transfer of funds over GBP 800, an occasional transaction of GBP 12,000+ (HVDs: cash GBP 10,000+), suspicion or doubt; EDD for PEPs, non-face-to-face and FATF call-for-action countries (reg 33 as amended 30 Jun 2026); keep records 5 years; nomi…

    Occasional transactions GBP 12,000 (general); GBP 10,000 cash (HVD); transfer of funds GBP 800 (from 30 Jun 2026; previously 15,000 / 10,000 / 1,000 euros)

    Primary lawAmount not confirmed
    • MLR 2017, reg 27

  • The import into the United Kingdom of gold originating from Russia is prohibited where it was exported from Russia on or after the relevant day. The ban goes by origin, so it applies whichever country the gold is shipped from.

    Primary law
    • The Russia (Sanctions) (EU Exit) (Amendment) (No. 14) Regulations 2022, inserting reg 46Z11 into SI 2019/855, reg 46Z11(1)

      “The import of gold originating from Russia is prohibited, where that gold has been exported from Russia on or after the relevant day.”

  • No Great Britain statute imposing CAHRA/OECD due diligence on gold importers was found. Responsible-sourcing duties in London come from the LBMA (RGG mandatory for Good Delivery refiners since 2012; annual audit; Incident Review Process) and the GBI country-of-origin reporting (monthly, mandatory fr…

    Standard
    • LBMA Responsible Gold Guidance / Good Delivery Rules

  • UK persons may not provide financial services for foreign exchange reserve and asset management to the Central Bank of Russia, the National Wealth Fund or the Russian Ministry of Finance (or persons owned, controlled or acting for them); the reserves include bullion such as gold - "it is prohibited …

    Official guidance
    • Russia (Sanctions) (EU Exit) Regulations 2019, reg 18A (as named in the statutory guidance)

  • Only Good Delivery bars settle loco London: 350-430 fine troy oz, minimum 995.0 fineness, marks = refiner stamp, assay mark, fineness, serial number (max 11 digits or characters), month and year of manufacture (MMYY, since Jan 2019); no laser engraving. Vault managers have complete discretion and an…

    Standard
    • LBMA Good Delivery Rules 2026; LPMCL account agreements, GD Rules 2.1.5, 2.1.7, 2.4

  • The Hallmarking Act 1973 regulates describing articles as gold; Schedule 1 Part II exempts "Any raw material (including any bar, plate, sheet, foil, rod, wire, strip or tube) or bullion" (para 7) and coins that are or were current coin of the UK or any other territory (para 3). Bullion bars and lega…

    Primary law
    • Hallmarking Act 1973

  • Dealers in exempt investment gold must identify customers (one List 1 and one List 2 document), issue invoices with prescribed details, keep records at least 6 years and notify HMRC within 28 days when an exempt supply first exceeds GBP 5,000 or supplies to one customer exceed GBP 10,000 in 12 month…

    GBP 5,000 per supply / GBP 10,000 per customer per 12 months

    Primary lawAmount not confirmed
    • VAT Regulations 1995; VAT tertiary legislation, reg 31A

  • LBMA suspended six Russian refiners (Krastsvetmet, Novosibirsk, Uralelectromed, Moscow Special Alloys, Prioksky, Shyolkovsky) from the Good Delivery List on 7 Mar 2022; their bars made from that date are not Good Delivery; stocks already in loco London/Swiss before then remain Good Delivery.

    Standard
    • LBMA Good Delivery List

  • Import of gold originating in Russia that was exported from Russia on or after 21 Jul 2022 is prohibited (reg 46Z11); so are acquiring gold that originated in and is located in Russia with the intention that it enter the UK (46Z12), supplying or delivering gold that originated in Russia on or after …

    none

    Primary law
    • Russia (Sanctions) (EU Exit) Regulations 2019 as amended by SI 2022/850, regs 46Z11-46Z16; Sch 3G

  • Import of relevant processed gold - gold processed (altered, transformed or otherwise operated on) in a third country that incorporates gold which on or after 21 Jul 2022 originated in and was exported from Russia - is prohibited (46Z16C), as is import of gold jewellery (Sch 3G Part 3) originating i…

    Primary law
    • SI 2022/1110 (Chapter 4JA), regs 46Z16B, 46Z16C, 46Z16D-46Z16I

  • All smuggled gold may be liable to forfeiture under the Customs and Excise Management Act 1979, even in the hands of an innocent buyer; HMRC advises buyers to check where the gold came from, whether it was declared at import with import VAT paid, and warning signs (below-market price, quick settleme…

    Official guidance
    • Customs and Excise Management Act 1979; VAT Notice 701/21 s.14

Leg 4: South Africa

Back in the origin country: the proceeds of the export

  1. 55

    Domestic sale: supply bars to a registered bank, the SARB or the SA Mint on a tax invoice, zero-rated only if the gold has not undergone a prior manufacturing process other than refining; otherwise 15% VAT

    Who
    Refining-licence holder (refinery)
    Issues
    Tax invoice to bank/SARB/Mint (zero-rated s.11(1)(f) or standard-rated)
    Primary law

    [transcription] s.11(1)(f) wording from Lueven para [1]; VAT Act not held.

    • Value-Added Tax Act 1991, s.11(1)(f)

  2. 56

    Export sale: the Authorised Dealer reports the export proceeds with the SARS customs declaration details (customs client number, unique consignment reference); FinSurv monitors receipt electronically

    Who
    Authorised dealer in foreign exchange (commercial bank)
    Official guidance
    • Currency and Exchanges Manual, B.18(D)

  3. 57

    Receive the full export proceeds not later than six months from the date of shipment (an Authorised Dealer may allow credit of up to 12 months), in foreign currency or rand from a non-resident account; offer the proceeds for sale to an Authorised Dealer within 30 days or deal with them under the CFC account rules

    Who
    Authorised dealer in foreign exchange (commercial bank)
    Issues
    Inbound payment of export proceeds
    Official guidance
    • Exchange Control Regulations; Currency and Exchanges Manual, Regs 6, 10, 11; B.18(B); C(F)(ii)

Crossings between countries

  • South Africa → United States Not researched

    Papers that cross: SADPMR certificate to acquire/dispose of unwrought precious metal; Waybill, mine to refinery; Refiner outturn / assay report; Refiner bar list for bars produced; SADPMR export approval for gold (PMA s.12); National Treasury approval to export gold (Exchange Control Reg 3; PMA s.12(1)); SARS customs declaration / bill of entry for export; Waybill, refinery/exporter to port of export; Air waybill, Johannesburg to destination

  • United States → United Kingdom Not researched

    Papers that cross: CBP Form 3461 entry / immediate delivery (or ACE electronic equivalent); CBP Form 7501 entry summary (HTSUS classification, origin, duties and fees); CBP release of entered goods (ACE cargo release); Delivery record airport to refinery or depository; Chain-of-integrity receipt at depository; Depository inspection, weight record and eligible-stock entry; EEI/ITN for re-export of foreign-origin gold

Paperwork gaps

  • us.st-21 expects Packing list; the earlier legs don't model this paper

South Africa (refine) → United States → United Kingdom · Loco London OTC sale and settlement — Research · Nelum