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South Africa (refine) → Hong Kong (China SAR) → 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) ⟶ Hong Kong SAR China (LBMA Good Delivery 400oz bar) ⟶ United Kingdom (LBMA Good Delivery 400oz bar)

Not researched: South Africa → Hong Kong SAR China, Hong Kong SAR China → 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: Hong Kong SAR China

On the way

  1. 24

    Onboard the supplier: KYC and source-of-supply review. Hong Kong law makes CDD mandatory for a Category B registrant only for specified cash transactions (AMLO s.5A(5A)); for bank-paid purchases the pack is the importer's own risk choice, with LBMA/OECD guidance applying where the buyer or refiner is bound by it

    Who
    Registered bullion dealer / trader (DPMS registrant)
    Needs
    DPMS Category A registration certificate; Commercial invoice
    Issues
    Supplier KYC pack held by the Hong Kong importer; Customer due diligence file (Category B, specified cash transaction); Supplier's commercial invoice
    Official guidance

    [inferred] No Hong Kong rule found that requires origin documents for imported gold; the KYC pack is commercial practice outside cash transactions. The legal scope of CDD is read in the Ordinance.

    • AMLO s. 5A and Sch. 2 (only for specified cash transactions), s. 5A(5A)-(5B)

      “An AML/CTF requirement that applies to a DNFBP who is a Category B PMS registrant only applies when, by way of business, the registrant carries out, in Hong Kong with a customer, a specified cash transaction that is not an excluded transaction”

  2. 25

    Fly the consignment into HKIA and deliver it to the importer's vault. If it is transhipment cargo (consigned on a through bill of lading or through air waybill to a place outside Hong Kong) or transit cargo, no Hong Kong declaration is required and the gold never enters the Hong Kong market

    Who
    Secure logistics carrier / forwarder
    Needs
    Supplier's commercial invoice; Air waybill; Export customs declaration accepted by the dispatching country's customs
    Issues
    Inbound air waybill
    Primary law
    • Import and Export (Registration) Regulations (Cap. 60E), reg. 3(a)-(b); Cap. 60 s. 2 (transhipment cargo, article in transit)

  3. 26

    Receive the bars, weigh them and check serials against the bar list; credit the importer's allocated account

    Who
    Precious-metals vault operator
    Needs
    Inbound air waybill
    Issues
    Weight and quality verification record; Bar list (serials, weights, fineness); Allocated account weight list
    Industry practice

    [inferred] Vault intake practice is not documented in an official source; the clearing press release confirms designated vaults record deposits.

  4. 27

    Lodge the import declaration within 14 days after the day of importation using the specified system (Trade Single Window, or during the transition a government-appointed service provider). Gold bars of fineness 995.0 or above (HKHS 7108 1210, 7108 2010) go on Form 1B with no declaration charge; other gold pays the charge. No customs duty or VAT; gold is not an exempted article

    Who
    Registered bullion dealer / trader (DPMS registrant)
    Needs
    Inbound air waybill; Supplier's commercial invoice
    Issues
    Hong Kong import declaration (Cap. 60E, lodged electronically within 14 days)
    Primary law
    • Import and Export (Registration) Regulations (Cap. 60E), regs 3, 4(1)-(2), 7, 8(1), (1AA), (4), 18

  5. 28

    If the gold is paid for with physical currency or BNIs above HK$120,000 carried across the boundary, declare the cash (not the gold) to C&ED: advance CDS declaration for cargo, red channel for arriving travellers

    Who
    Registered bullion dealer / trader (DPMS registrant)
    Issues
    CBNI advance electronic declaration (CDS) for cash moved as cargo
    Primary law
    • Cap. 629, ss. 2, 4, 9, 11; Sch. 4

  6. 29

    Hold bars in allocated storage and issue periodic weight lists to the owner

    Who
    Precious-metals vault operator
    Issues
    Allocated account weight list
    Industry practice

    [not-read] Private vault terms not researched; no statute governing private bullion vaults was found in the texts held.

  7. 30

    Deposit eligible about-400-oz bars that meet international standards into a designated vault of the central clearing system; the central ledger credits the participant with unallocated, commingled gold

    Who
    Authorised institution (bank) dealing in bullion
    Needs
    Bar list (serials, weights, fineness)
    Issues
    Central clearing ledger entry (unallocated gold balance)
    Official guidance
    • Clearing Rulebook

  8. 31

    Transfer gold under Delivery Connect into the SGE International Board designated vault in Hong Kong through the physical gold account the clearing company opened with the SGE, so that it can be traded on the SGE, and back again

    Who
    Precious metals central clearing company (government-owned)
    Needs
    Central clearing ledger entry (unallocated gold balance)
    Issues
    SGE International Board vault account record (Delivery Connect)
    Official guidance

    The press release says the HKPMCC "has applied to become an international member of the Shanghai Gold Exchange and opened a physical gold account"; r1 said it was already a member.

    • Clearing Rulebook

  9. 32

    Withdraw physical bars from a designated vault against the participant's ledger balance for delivery or export

    Who
    Authorised institution (bank) dealing in bullion
    Needs
    Central clearing ledger entry (unallocated gold balance)
    Issues
    Bar list (serials, weights, fineness)
    Official guidance
    • Clearing Rulebook

  10. 33

    Mainland buyer (holder of a PBOC gold import qualification) obtains a PBOC Gold and Gold Products Import/Export Permit for the consignment: one shipment, one permit, used within 40 working days

    Who
    Mainland importer holding a PBOC gold import qualification
    Issues
    PBOC Gold and Gold Products Import/Export Permit (中国人民银行黄金及黄金制品进出口准许证)
    Primary law
    • PBOC/GACC gold import-export measures, Arts. 3, 8, 17

  11. 34

    Agree the sale with the Mainland importer and release bars (typically 999.9 kilobars or bank-refined bars) to the cross-boundary carrier

    Who
    Registered bullion dealer / trader (DPMS registrant)
    Needs
    PBOC Gold and Gold Products Import/Export Permit (中国人民银行黄金及黄金制品进出口准许证); Allocated account weight list
    Issues
    Hong Kong exporter's commercial invoice; Packing list; Outbound air waybill / cross-boundary transport document
    Official guidance

    [unconfirmed] Bar form preferred by the Mainland market not confirmed from an opened source.

  12. 35

    Lodge the Hong Kong export declaration within 14 days; C&SD records the flow as an export to the Mainland

    Who
    Registered bullion dealer / trader (DPMS registrant)
    Needs
    Hong Kong exporter's commercial invoice
    Issues
    Hong Kong export / re-export declaration (Cap. 60E, lodged within 14 days)
    Primary law

    C&SD FAQ Q1: Hong Kong is a separate customs territory, so a declaration is required for goods exported to the Mainland.

    • Import and Export (Registration) Regulations (Cap. 60E), reg. 5(1)-(2)

  13. 36

    Clear Mainland customs by presenting the PBOC permit, then register the gold on the State Council-approved gold spot exchange and complete its first trade there

    Who
    Mainland importer holding a PBOC gold import qualification
    Needs
    PBOC Gold and Gold Products Import/Export Permit (中国人民银行黄金及黄金制品进出口准许证); Hong Kong export / re-export declaration (Cap. 60E, lodged within 14 days); Export customs declaration accepted by the dispatching country's customs
    Primary law

    This step happens under Mainland law and belongs to the China module; kept here to show the hand-off.

    • PBOC/GACC gold import-export measures, Arts. 6, 17

Taxes and fees

  • Customs duty on gold

    Nil All gold imports and exports; the Ordinance applies only to alcoholic liquors, tobacco, aircraft spirit, light diesel oil, motor spirit, kerosene and methyl alcohol (s.3(1))

    Primary lawAmount not confirmed
    • Dutiable Commodities Ordinance (Cap. 109), ss. 3(1), 4(1)

  • Profits tax on gold trading profits

    Corporations: 8.25% on the first HK$2,000,000 of assessable profits and 16.5% above (Sch. 8B s.2(a)); unincorporated businesses: 7.5% and 15% (Sch. 8A s.2); years of assessment from 1 April 2018 Trading profits of Hong Kong gold dealers; not a transaction tax

    Primary lawAmount not confirmed
    • Inland Revenue Ordinance (Cap. 112), s. 14; Schs. 8A, 8B

      “Subject to the provisions of this Ordinance, profits tax shall be charged for each year of assessment on every person carrying on a trade, profession or business in Hong Kong in respect of his assessable profits arising in or derived from Hong Kong for that year from such trade, profession or business (excluding profits arising from the sale of capital assets)”

  • VAT / GST on gold

    None (Hong Kong has no VAT or GST) Import and sale of gold

    UnverifiedAmount not confirmed
  • Import/export declaration charge

    Nil on declarations relating to gold bars (reg. 8(4)); C&SD defines these as gold bars of fineness 995.0 or above, HKHS codes 7108 1210 and 7108 2010, declared on Forms 1B/2B. Other gold (e.g. dore below 995.0): HK$0.20 for value up to HK$46,000, then 12.5 cents per additional HK$1,000 or part, rounded up to 10 cents, capped at HK$200 per declaration (reg. 8(1)(b)-(d), (1AA)) Each import and export declaration

    Primary lawAmount not confirmed
    • Import and Export (Registration) Regulations (Cap. 60E), reg. 8(1), (1AA), (4); reg. 7

      “No charge shall be payable under paragraph (1)(b), (c) or (d) in respect of a declaration relating to gold bars within the meaning of the Imports and Exports Classification List”

Controls

  • A Category B registrant must, before a specified cash transaction (cash of HK$120,000 or more) with a customer, identify and verify the customer and any beneficial owner, obtain the purpose of a business relationship and verify anyone acting for the customer (Sch. 2 ss.2, 3(1)(b)); obtain senior-man…

    Cash payment of HK$120,000 or more

    Primary law
    • AMLO (Cap. 615) s. 5A and Sch. 2; C&ED Guideline for Category B registrants, s. 5A(5A)-(5B); Sch. 2 ss. 2, 3, 5, 10, 15, 19, 20; s. 53ZVF

      “for a period of at least 5 years beginning on the date on which the transaction is completed”

  • A non-Hong Kong dealer (an individual not ordinarily resident, or a foreign legal person that is neither a registered non-Hong Kong company nor a re-domiciled company; no place of business in Hong Kong; business in Hong Kong on no more than 60 days a year) is outside registration but must report eac…

    HK$120,000 cash

    Primary lawAmount not confirmed
    • AMLO (Cap. 615) Part 5C, ss. 53ZTZ, 53ZUA(2), 53ZVK; Sch. 3J

  • Any person who knows or suspects that property represents proceeds of, or was or is intended to be used in connection with, an indictable offence (OSCO s.25A(1)) or drug trafficking (DTROP s.25A(1)), or that property is terrorist property (UNATMO s.12(1)), must disclose it to an authorized officer (…

    Primary law
    • OSCO (Cap. 455), DTROP (Cap. 405), UNATMO (Cap. 575), Cap. 455 s. 25A; Cap. 405 s. 25A; Cap. 575 s. 12

      “Where a person knows or suspects that any property— (a) in whole or in part directly or indirectly represents any person’s proceeds of; (b) was used in connection with; or (c) is intended to be used in connection with, an indictable offence, he shall as soon as it is reasonable for him to do so disclose that knowledge or suspicion … to an authorized officer”

  • Hong Kong applies only UN Security Council sanctions, through regulations the Chief Executive makes under Cap. 537 on instructions from the Ministry of Foreign Affairs (ss.2-3); dealing with funds or economic resources of designated persons without a licence is an offence under those regulations (C&…

    Primary law
    • United Nations Sanctions Ordinance (Cap. 537), ss. 2-3

      “the Ministry of Foreign Affairs of the People’s Republic of China”

  • Currency and bearer negotiable instruments above HK$120,000 (Sch. 4) must be declared by arriving travellers (s.4), disclosed on request by other arrivals and by departing travellers (ss.5-6), and declared in advance electronically when moved as cargo in one batch (ss.9-11). "CBNI" means notes or co…

    HK$120,000 of CBNIs

    Primary lawAmount not confirmed
    • Cap. 629, ss. 2, 4-6, 9-11; Sch. 4

  • The central clearing system accepts only about-400-oz bars meeting international standards (in effect LBMA Good Delivery) into designated vaults, held unallocated and commingled.

    Official guidance
    • Clearing Rulebook

  • No new commodity exchange may be established or operated for gold, silver or the other listed commodities (Cap. 82 s.4 and Schedule items 6, 13; fine HK$500,000 plus HK$50,000 a day), except an exchange "which was in operation on 20 June 1973" (s.3(d)) or a recognized futures market under the Securi…

    Primary law
    • Commodity Exchanges (Prohibition) Ordinance (Cap. 82), ss. 3(d)-(e), 4; Schedule

      “(e) a recognized futures market”

  • Anyone who by way of business trades in, imports, exports, manufactures, refines or carries out value-adding work on precious metals (gold "in a manufactured or unmanufactured state"), issues or trades precious-asset-backed instruments, or acts as intermediary (s.53ZU(1)) must be registered before c…

    HK$120,000 per transaction or linked transactions

    Primary lawAmount not confirmed
    • AMLO (Cap. 615) Part 5C, ss. 53ZTZ, 53ZU, 53ZUA, 53ZUE; Schs. 3H, 3I

  • Only bars from HKGX authorised minters (13 members) are good delivery on the exchange, by type: 99 gold 5-tael, 999.9 gold kilo, 999.9 gold 5-tael and 999.9 silver 15 kg.

    Industry practice
    • HKGX rules

  • A Legislative Council question of May 2026 refers to "the current 50-gram limit" on gold products for personal use carried by Mainland visitors, and asks about "simplifying the tax collection process for amounts exceeding the limit"; the limit is a Mainland rule. The Government replied only that Hon…

    50 g (per LegCo question; Mainland rule not read)

    SecondaryAmount not confirmed
  • Gold entering the Mainland from Hong Kong under general trade needs a PBOC Gold and Gold Products Import/Export Permit presented to customs (Art. 3), issued only to qualified importers (Art. 8, e.g. financial-institution members or market makers of the State Council-approved gold exchange); "one bat…

    Primary law
    • PBOC/GACC gold import-export measures (Order [2015] No. 1, amended 2020), Arts. 3, 4, 6, 8, 17, 20

  • No import or export licence, permit or duty applies to gold. Licences are needed only for articles listed in the regulations under Cap. 60 (s.6C: Cap. 60A Sch. 1; s.6D: Cap. 60A Sch. 2; s.6A: strategic commodities), and gold is not listed in Cap. 60A Schedules 1-2. The only customs formality is the …

    Primary law
    • Import and Export Ordinance (Cap. 60) and regulations, Cap. 60 ss. 6A, 6C, 6D; Cap. 60A Schs. 1-2; Cap. 60E regs 3-5

Leg 3: United Kingdom

Where the goods arrive

  1. 37

    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. 38

    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. 39

    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. 40

    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. 41

    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. 42

    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. 43

    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. 44

    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. 45

    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. 46

    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. 47

    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. 48

    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. 49

    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. 50

    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. 51

    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. 52

    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. 53

    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. 54

    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. 55

    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. 56

    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. 57

    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. 58

    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. 59

    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 → Hong Kong SAR China 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

  • Hong Kong SAR China → United Kingdom Not researched

    Papers that cross: Inbound air waybill; Hong Kong import declaration (Cap. 60E, lodged electronically within 14 days); CBNI advance electronic declaration (CDS) for cash moved as cargo; PBOC Gold and Gold Products Import/Export Permit (中国人民银行黄金及黄金制品进出口准许证); Hong Kong exporter's commercial invoice; Packing list; Outbound air waybill / cross-boundary transport document; Hong Kong export / re-export declaration (Cap. 60E, lodged within 14 days)

South Africa (refine) → Hong Kong (China SAR) → United Kingdom · Loco London OTC sale and settlement — Research · Nelum