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Republic of South Africa - Draft Capital Flow Management Regulations, 2026 (Government Notice No. 54520, Government Gazette No. 7375 of 17 April 2026; Made under Section 9(1) of the Currency and Exchanges Act 9 of 1933; Repealing the Exchange Control Regulations of 1 December 1961; Public Comment Deadline 18 May 2026)

The Draft Capital Flow Management Regulations, 2026, were published for public comment by the Minister of Finance under section 9(1) of the Currency and…

What Republic of South Africa - Draft Capital Flow Management Regulations, 2026 (Government Notice No. 54520, Government Gazette No. 7375 of 17 April 2026; Made under Section 9(1) of the Currency and Exchanges Act 9 of 1933; Repealing the Exchange Control Regulations of 1 December 1961; Public Comment Deadline 18 May 2026) requires

The Draft Capital Flow Management Regulations, 2026, were published for public comment by the Minister of Finance under section 9(1) of the Currency and Exchanges Act 9 of 1933, in Government Notice No. 54520 in Government Gazette No. 7375 of 17 April 2026, jointly issued by National Treasury and the South African Reserve Bank. The regulations will repeal the Exchange Control Regulations published by Government Notice R.1111 of 1 December 1961 (regulation 32(1)) and modernise South Africa's cross-border capital-flows framework by adopting a 'positive bias' approach with fewer transaction pre-approvals, increased reporting, surveillance of high-impact and high-risk cross-border transactions, and combating of illicit financial flows. The most operationally significant change is the formal incorporation of crypto assets into the capital-flow framework: regulation 3(1) prohibits any person other than an 'authorised crypto asset service provider' from buying, borrowing or otherwise dealing in crypto assets in transactions deemed import/export of capital; the term 'authorised crypto asset service provider' is defined as a crypto asset service provider as defined in item 22 of schedule 1 of the Financial Intelligence Centre Act, 2001, who is authorised by the National Treasury. The definition of 'crypto asset' (regulation 1(1)) covers a digital representation of value that is not issued by a central bank, is capable of being traded/transferred/stored electronically for payment, investment and other utility, applies cryptographic techniques, and uses distributed ledger technology. 'Capital' explicitly includes crypto assets (excluding immovable property); 'currency' and 'foreign currency' explicitly exclude crypto assets. Regulation 10(1) requires every person in the Republic to declare any foreign asset or crypto asset within 30 days of acquiring control/possession or becoming entitled to deal with it, stating when, how and where it was acquired and whether it is held as cover for foreign liability; post-declaration sale/transfer requires Treasury permission (regulation 10(2)-(3)). Regulation 20 grants National Treasury and authorised persons information-furnishing and premises-search powers. Regulation 21 establishes administrative sanctions on authorised dealers and authorised CASPs including financial sanctions, public reprimand, suspension, revocation, director disqualification, transaction restrictions, and remedial-action orders, with up to five-year suspended sanctions. Criminal offences attract a fine not exceeding R1,000,000 or imprisonment up to five years or both; where the offence relates to money, a crypto asset or property, the fine may be R1,000,000 OR a sum equal to the value of the money, crypto asset or property, whichever is the greater. The public comment deadline is 18 May 2026 ([email protected]).

Pillar: Crypto & Sovereign Finance · Authority: Republic of South Africa - Minister of Finance, acting under section 9(1) of the Currency and Exchanges Act 9 of 1933; jointly issued for public comment by National Treasury and the South African Reserve Bank (SARB); enforcement contemplated by National Treasury, authorised dealers, authorised crypto asset service providers, the South African Police Service, the Border Management Authority, customs officers under the Customs and Excise Act 91 of 1964, and immigration officers under the Immigration Act 13 of 2002 · Version: 1.0.0 · Last updated:

Primary source: https://www.treasury.gov.za/public%20comments/CapFlow/

SHA-256 integrity: 83f84cb63eefa2b07f7389635ef11ef2ff1daec90defdbe2e6d4516f7819caec

Primary Citations — 15 traced to source

  • Republic of South Africa, National Treasury - Government Notice No. 54520, Government Gazette No. 7375 of 17 April 2026: Regulations in terms of Currency and Exchanges Act, 1933: Capital Flow Management Regulations (draft published for public comment)
  • Capital Flow Management Regulations, 2026 - preamble: 'The Minister of Finance has, in terms of section 9(1) of the Currency and Exchanges Act, 1933 (Act No. 9 of 1933), made the Capital Flow Management Regulations set out in the Schedule.'

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