Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003 (Act No. 12 of 2003) > Chapter I : Exchange Control Amnesty and accompanying tax measures > Part B : Application, Evaluation and Approval Process > 10. Circumstances where amnesty unit may not grant approval

1)	The amnesty unit shall grant approval in terns of section 9 in respect of an applicant only where –

a)	that applicant delivered the application to the amnesty unit within the period commencing 1 June 2003 and ending 29 February 2004 –

neither the General Manager nor the Commissioner has, before the submission of the application, in terms of section 5, delivered a notice to that applicant, or any facilitator in relation to the applicant, as the case may be, for their representatives that the applicant or facilitator, as the case may be, is subject to an audit, investigation or other enforcement action relating to –

i)	any contravention of the Exchange Control Regulations; or

ii)	failure to comply with the Income Tax Act, 1962, in respect of his or her foreign asset:, or foreign bearer instruments: or

iii)

undeclared amounts arising in the Republic which were accumulated as or converted to foreign assets as contemplated in section 6(3)(a), unless that notice is subsequently withdrawn by the General Manager or the Commissioner, as the case may be, by the last day of the period contemplated in paragraph (a), and

c)	that applicant or facilitator, as the case may be, has confirmed that no foreign assets or foreign bearer instruments have been derived wholly or partly from the proceeds of any unlawful activities, as respectively required by sections 6(4) and 8(b).

The amnesty unit shall not grant approval in terms of section 9 in respect of an applicant or facilitator, as the case may be, for tax relief contemplated in Part D, if the Commissioner has indicated that the applicant or facilitator, as the case may be, has not yet submitted an income tax return for the last year of assessment ending on or before 28 February 2003 and no extension for the submission of that return was granted by the Commissioner.

3)	The amnesty unit shall grant approval in terms of section 9 in respect of a facilitator in relation to an applicant, only where –

a)	that facilitator submits the application jointly with that applicant as contemplated in section 8(a); and

b)	the application of that applicant is approved.

4)	The amnesty unit must deliver to an applicant or facilitator a notice of its decision not to approve the application and must set out the reasons therefor.