SARA IMG Event Johannesburg 10 April 2014 Changes in South African Immigration Law.

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SARA IMG Event Johannesburg 10 April 2014 Changes in South African Immigration Law

1 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Agenda 1.Overview of the South African Immigration system 2.General changes 3.Temporary Residence Permit applications 4.Proposed sanctions for overstays 5.Questions?

2 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Overview of the South Africa Immigration system In today’s already-complex business environment, the regulatory requirements for companies employing foreign nationals are constantly changing. The Government is enforcing regulatory compliance more aggressively, making it critical for employers take the necessary steps and comply with all aspects of immigration laws and regulations. How will this affect expatriates and employers?

3 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Overview of the South Africa Immigration system The South African Immigration Legislation Immigration Act no 13 of 2002: Immigration Regulations of 2014

4 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. New Immigration Regulations – General changes Biometrics to be required for in- country visa applications New labor market testing requirements for some of the core permits and which is expected to intensify the application process. All temporary residence permits will be called visas Appointment of Visa Facilitation Services “VFS” Changing status in-country will not be permitted Repeal of section 46 of the Act and applicants to submit in person

5 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. New requirements for Temporary Residence Permits Secondment of employees into South Africa: Section 11(2) Visitor’s visas: More detailed information required Plans to have authorizations issued by SA Missions Abroad Intra-company transfer work permits: Undertaking by employer (Deportation costs) New 4 year duration

6 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG Immigration advisory services General work permits:  Labour search and recommendation  Stringent requirement on undertaking for deportation  Notifications for change of capacity  Notification for change of address

7 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. KPMG Immigration advisory services Corporate Visa: Labour recommendation (strict search) Salary survey to be conducted by the Department of Labour Requirement for a 60% SA Citizens and Residents workforce Proposed 3 year duration Foreign employment contracts to be attested SAQA evaluation requirement for Mining and Construction sectors Proof of registration with a Professional Body or Board for Mining and Construction sectors

8 © 2014 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Could be declared undesirable for a period of 2 years. Could be declared undesirable for a period of 3 years. Could be declared undesirable for a period of 10 years. Proposed sanctions for overstays Listed as undesirable Overstay for up to 30 days Overstay for 30 to 90 days Overstay for more than 90 days Will not be able to apply for a South African Visa or Residence permit The Department of Home Affairs has also proposed eliminating the current fine system for overstay. Foreign nationals who overstay will be declared undesirable. Under the new Regulations, a foreign national who overstays his or her visa as follows will be declared undesirable

Questions?

Thank you Presentation by: Munhle Manzini Disclaimer This proposal is made by KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity.This document is a proposal only. It does not constitute a contract and is in all respects subject to and conditional upon the successful negotiation and conclusion of an agreement between British American Tobacco and KPMG, incorporating KPMG’s standard terms and conditions of service. Should our proposal be successful, the acceptance of this engagement is subject to:  The successful completion of KPMG’s customary client and engagement acceptance procedures  The successful clearance of the engagement by KPMG to ensure that there are no independence issues, conflicts of interest or other restrictions that may impact KPMG’s ability to accept this engagement. In preparing this proposal, KPMG has relied upon and assumed, without independent verification, the accuracy and completeness of any information provided to, and/or gathered by KPMG whether from public sources or otherwise, and accordingly KPMG express no opinion or make any representation concerning the accuracy and completeness of any such information contained in this proposal. British American Tobacco cannot use, publish, copy, quote, refer to or disclose this proposal and/or the contents thereof to any third party without KPMG’s prior written consent. KPMG and/or KPMG Inc, including its directors, employees and agents, and any body or entity controlled by or owned by or associated with KPMG Services (Pty) Ltd or KPMG Inc (collectively “KPMG”) accepts no liability or responsibility whatsoever, resulting directly or indirectly from the use of and/or reliance upon this proposal or the information or views contained therein, by British American Tobacco and/or any other third party, and/or the disclosure or referral of this proposal to any third party by British American Tobacco, either in whole or in part, and British American Tobacco agrees to indemnify and hold KPMG harmless in this regard from and against any and all claims from any person or party whatsoever, expenses, liability, loss or damages arising from or in connection thereto. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. © 2013 KPMG Services (Proprietary) Limited, a South African company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Printed in South Africa. KPMG and the KPMG logo are registered trademarks of KPMG International Cooperative (“KPMG International”), a Swiss entity.