Page 239 - DMGT546_INTERNATIONAL_TRADE_PROCEDURE_AND_DOCUMENTATION
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International Trade Procedures and Documentation



                      Notes            We concluded that the Bills of Entry had been fraudulently prepared and presented for the
                                       sole purpose of obtaining release of the containers from the Container Terminal in Durban.
                                       The Road Transport Brokers
                                       In each and every instance, the instructions for delivery of the ten containers had originated
                                       from a single transport brokerage company in Durban.
                                       The transport brokers advised us that their instructions had been received from an
                                       individual who we will refer to as “Mr X”. The transport brokers maintained that the
                                       instructions had been given telephonically, and that they had never actually met Mr X.
                                       They also maintained that no written instructions had been received, and that the deliveries
                                       had been undertaken on a “cash on delivery” basis.

                                       The transport brokers provided us with copies of their individual instructions issued to
                                       sub-contractors who were, variously, other transport brokers or physical road transport
                                       companies.
                                       This practice is quite customary in South Africa. A transport broker will receive an
                                       instruction from an importer or his agent, after which that broker may in turn subcontract
                                       to another transport broker who will in turn subcontract to the physical road transport
                                       company, each party taking his percentage at the various stages. It is not uncommon for
                                       five or six different transport brokers and/or road transport companies to be involved in
                                       the collection and delivery of a single container.
                                       The transport brokers produced a copy of a cash cheque in the amount of ` 50,000 which
                                       was apparently given to them as payment for the delivery of the containers. The cheque
                                       had been presented to the bank and dishonoured.

                                       The transport brokers advised us that they had subsequently met with an unknown party
                                       in a parking garage outside Johannesburg, and collected the amount of ` 50,000, in cash, in
                                       a brown paper bag.
                                       The transport brokers maintained that they had heard no more from Mr X after the deliveries
                                       of the containers had been effected. They supplied a mobile telephone number for Mr X.
                                       This was found to have been disconnected.
                                       The transport brokers stated that, in their opinion, the goods were long gone, and had
                                       been sent exactly where they were intended to be sent.
                                       The Scene of the Crime
                                       We attended at the address outside Johannesburg to which the containers had been
                                       delivered. The address was that of a private house.
                                       The owner of the house was interviewed. He confirmed that Mr X, who drove a red
                                       Porsche sports car, had rented the house from him. Mr X had subsequently disappeared
                                       without having paid the rent, and also after having removed some of the more expensive
                                       fittings from the house.
                                       The owner was also aware that at least one shipping container had been delivered to the
                                       house. Cardboard cartons had been removed from the container and stacked against the
                                       house. The cartons had subsequently been removed by a fleet of light delivery vehicles.
                                       The owner confirmed having reported the matters of outstanding rent and theft of fittings
                                       to the Police.


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