No.I
2018
(b)
a h1cilitator under subparagraph (4)--(i)
does not thereby absolve the prinnpal unless the
principaL either independently or together with
the facilitator, applies for an amnesty under this
Schedule; and
(ii)
docs not atlect the liability for tax of the facilitator
in a representative capacity on any proJX'rly that was
illegally expatriated. provided that the facilitator
shall not be subject to any penalt} by way of i nlert~st
or enhanced tax on the property in question;
(6) Subjed to the conditions st:t out in this Scheduk. when
an amnesty is granted in terms of this Schedule, it shall preclude tht'
Reserve Bank, the Authority aud the :"\ational Prosecuting .\uthoril)
from prosecuting an offender or imposing t·ivil or administratiYe
penalties for any act constituting the illegal expatriation of proper!)
or for any activity constituting a misrepresentation or non-disclosure
necessary to facilitate the illegal expatriation of property.
(7) In relation to this Schedule, the acts or omissions spcci lied
in the Appendix are indicative (but not exhaustive) oft he kinds of acts
or omissions in respect of which an amnesty may be sought.
Applicaiionfor and granring (!( anmestv
5. ( l) A principal or facilitator who, but for this Schedule, \\ould
be !iable(a)
to any civil or administrative penalty; and
(b)
to he prosecuted by the National Prosecuting Authority;
for the illegal expatriation of property etlected during the amnestied
period may, no later than the 28th February, 2018, apply for amncst~
in terms of this Schedule.
(2) An application for amnesty shall be in writing and in the
form furnished by the Exchange Control Inspectorate Department
providing, among other matters, for the following(a)
the name of the principal or facilitator; and
(b)
the amount or value of the property due I(Jr repatriation;
and
(c)
in the case of cunency, the releYant particulars for the
receipt of the currency at a local banking or financial
institution; and
(d)
the particulars of the transaction by means of which or
under the guise of which the property was expatriated;
and
(c)
the estimated time within which the repatriation of the
prope1ty iu question will take place.
(3) An application for amnesty shall only be considered if it
is lodged with the Exchange Control Inspectorate Department by the
28th Febmary, 2018.
(4) An amnesty shall be granted only UJXm the applit~ant
(a) having made full disclosure in respect of the illegally
expatriated propetty; and
{b) having provided such supporting documents in connection
with the application for the anmesty as may be required;
34
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