Resolved complaints

Showing items 81 to 100 of 520
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status Actions
NTB-000-576 8.1. Government Policy and regulations
Policy/Regulatory
2011-04-16 South Africa: Pretoria South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
In 2011 the Cross-Border Road Transport Agency, raised its cross-border road transport permits by up to 600%.
Not only was this increase unjustified, but it was done without negotiation with the road transport industry.
The resultant costs are also out of line with the costs for road transport permits in other countries.
FESARTA sent a letter (attached) to the Minister of Transport in South Africa, copied to SADC, but no response was received.
The South African Road Freight Association (RFA) has taken legal action against the increases.
The resultant permit fees put unecessarily high increases on the costs to transport goods to landlocked countries.
This is against trade facilitation.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-570 2.6. Additional taxes and other charges 2013-02-26 Mozambique: Delegação Aduaneira de Namaacha Swaziland Resolved
2013-04-10
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Complaint: I'm doing the carton business in Mozambique but factory is in Swaziland. Every time I'm going to pass the border my company always pay 100 USD for every truck of goods I only deliver in Maputo they say it is a road fund every week I use at least 8-10 trucks I'm doing this business since 2009 and until now i need to pay that road fund I want to know why I'm paying this Money.  
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April in Lusaka Zambia, Mozambique reported that this is a levy on use of national roads and that this amount ranges from US$75-US$100 per trip. Almost all countries in the region have road tax specially for foreign trucks crossing the border.
With this explanation, meeting agreed to resolve the matter.
 
NTB-000-568 2.2. Arbitrary customs classification 2013-02-13 Zimbabwe: Kariba Zimbabwe Resolved
2013-06-17
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Complaint: Revaluation of products by customs ,a trader came with catapillar or madora and the value was k 2000000.00=$400.00 and was revalued to K 4180000.00, customs is refusing value for these goods ofwhich it only pays pre sumptive tax this is not the first time Zimra raises value to goods which pays only p tax. Some of these goods are not bought at Lusaka markert were thay have pegged there prices this is one of the reasons why why people would resort to smuggling  
Resolution status note: On 17 June 2013, Zimbabwe Revenue Authority reported that valuation of consignments is provided for in the Zimbabwe Customs and Excise Act (Chapter 23:02). This particular valuation of Madora at Kariba Border Post was based on previous importations, investigations and information gathered from the neighboring country Zambia because no commercial invoices were tendered. ZIMRA advised that, where the values declared are within the given range, they are accepted. However where the values differ drastically the assessed values are resorted to. The complainant is advised to liaise with the Station Manager Kariba or the Supervisors to understand how the valuation is conducted.  
NTB-000-567 1.1. Export subsidies 2013-02-01 Kenya: Namanga Zambia Resolved
2013-02-27
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Complaint: A consignment of sugar exported from Zambia to Kenya by Zambia Sugar has been delayed at the border for more than 20 days, and still has not been released. The COMESA secretariat has assisted in verifying the Certificate of origin that was apparently the initial reason for the delay. However the sugar has still not been processed for release  
Resolution status note: On 27 February 2013, the Coordinator Border Coordination Management, Kenya Revenue Authority advised that, upon
verification of the certificate of origin, all consignments of sugar exports from Zambia into Kenya were released by 23 February 2013. KRA submitted a status report to the Focal Point, Kenya, indicating specific release dates for individual consignmenet as evidence.
 
NTB-000-566 8.6. Vehicle standards
Policy/Regulatory
2013-02-12 Botswana: Pioneer Gate South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The Botswana traffic authorities at Pioneer Gate, are applying outdated overall vehicle width and overall vehicle height limits. The are applying maximum 2.5m width and 4.1m height.
For many years, SADC has recommended 2.6m width and 4.3m height.
Most of the countries in the Southern African region, have 2.6m and 4.3m, and so the vehicles are built to suit these dimensions. They cannot be reduced to 2.5m and 4.3m without major structural alterations.
Furthermore, the 2.6m width was set so that an ISO shipping container, which is 2.4m wide, can be loaded onto a trailer that has sideboards. This cannot be done on a trailer that is 2.5m wide, since the sideboards take up at least 100mm width. The 2.6m also allows two standard pallets to be loaded side-by-side inside a pantechnicon body.
On occasions, when this problem has arisen in the past, the traffic officials have agreed that, to facilitate trade, the vehicles can operate in Botswana. But, there are also occasions, such as the present case, when traffic officials have insisted that the smaller dimensions must be enforced. This is a serious inconvenience and extra cost to transporters.
For trade facilitation, Botswana must change its act to the larger dimensions, and, in the meantime, allow vehicles with those dimensions to operate freely.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. Botswana is in the process of ammending the regulations to conform wit the requirements.  
NTB-000-565 8.1. Government Policy and regulations
Policy/Regulatory
2013-02-05 Zambia: Copperbelt South Africa Resolved
2016-03-31
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Complaint: This complaint is registered by FESARTA.
When a vehicle foreign to Zambia, enters that country and wishes to operate to the copperbelt, the driver has to identify the destination town and pay the relevant road user charge.
During the trip, after offloading, the transporter may wish to load at a different town on the copperbelt.
The driver then has to purchase additional road user charges to that town, from Ndola, which is the only town issuing rucs. The vehicle may not be going to Ndola.
This is very inconvenient and costly to the transporter.
 
Resolution status note: On 31st March 2016, Zambia Focal Point advised that it is mandatory for transporters to pay Road User Chargers in all cities in Zambia. This applies to the cited area (Kasumbalesa and Mufulira Mokambo) in the complaint posted. The charges apply during working days and over the weekend, transporters can only pay at the border post (Kasumbalesa and Mufulira Mokambo). Given this clarification, Zambia therefore recommended that this complaint be resolved.  
NTB-000-563 7.1. Arbitrariness 2013-01-11 Zimbabwe: Chitungwiza South Africa Resolved
2013-09-13
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Complaint: This complaint is registered by FESARTA.
A transporter's vehicle has once again been held up by the road traffic authorities in Zimbabwe, for the vehicle not complying strictly to the Zimbabwe vehicle regulations.
In this instance, the rear lights of the truck were not in precisely the right position, according to the Zimbabwe regulations.
The official, in this instance, was constable Munaki, official number 060189F.
After intervention by the road transport industry and much delay, the vehicle was released with a warning.
This complaint is similar to that in NTB 524, where the information plate on the vehicle did not comply with the Zimbabwe regulations.
The practice of Zimbabwe road traffic authorities harassing transporters over trivial vehicle equipment regulations is not acceptable.
Vehicles foreign to Zimbabwe, comply with the regulations in their own countries and receive a certificate of fitness to show that they are compliant.
This certificate of fitness should be acceptable to the Zimbabwe authorities, unless, of course, the vehicle is clearly not roadworthy. The rear lights being in a different position, or the information plate giving different information, does not make the vehicle unroadworthy.
Two of the clauses in one of the bi-lateral road transport agreements that Zimbabwe holds with another country, state that each country should "promote fair and equitable treatment for carriers from both countries" and "strengthen their economic and commercial relations in the spirit of co-operation and friendship".
The actions of the Zimbabwe road traffic authorities do not subscribe to the above requirements and the authorities are requested to adhere to the objectives of the bi-lateral agreements.
 
Resolution status note: On 13 September 2013, FESARTA reported that they had subsequently received a letter from the Ministry of Transport, Communications and Infrastructural Development, directed to the Zimbabwe Republic Police, instructing the police to accept the standards of South African vehicles. FESARTA believes that this letter will also indirectly apply to vehicles from countries other than South Africa entering Zimbabwe. Therefore, FESARTA recommends that NTBs 524 and 563 be considered resolved.  
NTB-000-562 8.1. Government Policy and regulations 2012-12-10 Kenya: Throughout Kenya Kenya Resolved
2014-07-03
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Complaint: This complaint is registered by FESARTA.
The Kenya National Highways Authority (KENHA) is enforcing the axle load limits, rather than the GCM limit for the vehicle combination.
This is seriously compromising the ability of the transporters in Kenya to operated effectively and the Kenya Transporters Association (KTA) has taken the matter to court.
Some comments by the KTA:
1. KENHA is implementing this axle load rule on an axle by axle case rather than group axles. We realize the official position is group axle because when our enraged members stormed the Mariakani weighbridge yesterday, they promptly switched to weighing on group axles and giving a 5% tolerance, a matter that had hitherto not happened.
2. Their axle weights are 8-16-24 rather than 8-18-24 as the case is said to be in Tanzania. To comply here means one can’t optimize on his load.
3. The Traffic Act in Kenya requires an offender in this case is taken to court, fined and then made to redistribute cargo so that each axle is in conformity before the truck can proceed. The complication arises when the cargo is containerized transit goods which cant be opened sice continer is sealed and opening is criminal!
4. Similar complications arise in the case of liquid cargo which moves rapidly even when truck is being weighed or “sandy” like cargo such as clinker and the like which shifts depending on road terrain/condition or upon braking.
5. Our members are now forced to load 22 to 24 tons of the above cargo instead of the normal 27 tons. Unfortunately the overheads do not come down at all and they are now left with no option but to raise their rates by a similar margin. The question is whether our corridor and hinterland can afford such excessive costs.

FESARTA has drawn up a proposal to solve the problem and it is attached to this complaint.
 
Resolution status note: On 03 July 2014 FESARTA Kenya was about to sign a Load Charter with its transporters, which covered this issue therefore the NTB should be considered resolved.  
NTB-000-561 8.8. Issues related to transit 2012-10-24 South Africa: On the main transport routes in Gauteng, South Africa Zimbabwe Resolved
2013-04-10
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Complaint: This complaint is registered by FESARTA.
The managing director of Cross Country Containers in Zimbabwe, has reported that there had been four incidences of hijacking his vehicles in the Gauteng area.
The first was in October 2011, the second in June 2012, the third in September 2012 and the fourth in October 2012.
All the vehicles hijacked, were carrying copper, from the copper mines in Zambia.
A meeting was held between the road transport industry and the SAPS Hawks, in Pretoria, on the 24th October 2012.
A report of the meeting is attached.
These hijackings have had such a negative impact on Cross Country Containers, that it has stopped operating into South Africa.
The road transport industry, under the guidance of FESARTA, is to send a proposal on the way forward, to the Hawks.
 
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April in Lusaka Zambia, South Africa requeted that this NTB be removed from the online system on grounds that it was security issue. The meeting agreed that this be categorised as ' Non Actionable'.  
NTB-000-561 8.8. Issues related to transit 2012-10-24 South Africa: On the main transport routes in Gauteng, South Africa Zimbabwe Resolved
2013-04-10
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Complaint: This complaint is registered by FESARTA.
The managing director of Cross Country Containers in Zimbabwe, has reported that there had been four incidences of hijacking his vehicles in the Gauteng area.
The first was in October 2011, the second in June 2012, the third in September 2012 and the fourth in October 2012.
All the vehicles hijacked, were carrying copper, from the copper mines in Zambia.
A meeting was held between the road transport industry and the SAPS Hawks, in Pretoria, on the 24th October 2012.
A report of the meeting is attached.
These hijackings have had such a negative impact on Cross Country Containers, that it has stopped operating into South Africa.
The road transport industry, under the guidance of FESARTA, is to send a proposal on the way forward, to the Hawks.
 
Resolution status note: At the Tripartite NTB SMS Launch meeting held on 9-10 April 2013, in Lusaka, Zambia, South Africa and Zimbabwe reported that this was a security issue that was being attended to by the relevant authorities.  
NTB-000-558 2.3. Issues related to the rules of origin 2012-10-06 Zimbabwe: Beitbridge Zimbabwe Resolved
2013-08-07
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Complaint: My company was importing a pallet of various alcoholic beverages. The consignment was accompanied by the required SADC origin papers from the manufacturer in South Africa. When the pallet was searched officers found, on the label of one of the products, bottled in south, produce of mexico. Upon seeing this the officers immediately seized the tequila, along with some South African made whiskey. Firstly this is in contravention to the SADC protocols of trade, whereby- Rule 9 of the protocols of trade, sections 3 and 4-

3. The competent authority designated by an importing Member State may in exceptional circumstances and notwithstanding the presentation of a certificate issued in accordance with the provisions of this Rule, require, in case of doubt, further verification of the statement contained in the certificate. Member States, through their competent authorities, shall assist each other in this process. Such further verification should be made within three months of the request being made by a competent authority designated by the importing Member State. The form used for this purpose shall be that contained in Appendix IV to this Annex.

4.The importing Member State shall not prevent the importer from taking delivery of goods solely on the grounds that it requires further evidence, but may require security for any duty or other charge which may be payable: provided that where goods are subject to any prohibitions, the conditions for delivery under security shall not apply.

This section clearly states the rules and procedures to be followed when there is a query on the legitimacy of the origin of a product. The Zimbabwean border officials ignored these and seized the goods.

Upon seizure we were given the opportunity to appeal the seizure and prove the origin of the goods.
We did this and the Station Manager at Beitbridge completely ignored all of the evidence we sent him. We have documentation from the manufacturer, proving the origin of the goods, further we gave them the contacts of various people in the South African Tax Department to verify their claims. All of this was summarily ignored and we were issued a notice to pay the duties due for a non-sadc product, and a fine. Together this figure amounts to almost double the value of the products. We have since appealed to the ZIMRA Commissioner General to have the fines and duties repealed and the products released, and are awaiting reply.
 
Resolution status note: SADC Secretariat, in consultation with Zimbabwe Revenue Authority recommended that the NTB be considered resolved and that the importer be educated about issues of origin within the context of a Free Trade Area. ZIMRA reported that seizure of the consignment was done in terms of Section 193 (1) of the Zimbabwe Customs and Excise Act (Chapter 23:02) which reads "Subject to subsection (3), an officer may seize any goods, ship, aircraft or vehicle (hereinafter in this section referred to as articles) which he has reasonable grounds for believing are liable to seizure". In this case the origin of the goods was incorrect.  
Products: 2208.30: Whiskies and 2208.70: Liqueurs and cordials  
NTB-000-557 2.10. Inadequate or unreasonable customs procedures and charges 2012-03-01 Zimbabwe: Kariba Zimbabwe Resolved
2013-05-27
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Complaint: We would appreciate of Zimra can starndize their operations for duty purposes from the onset of STR project CIF (cost insurence freight) was not charged on on all STR goods, but as of now CIF is being charged, 6% is charged on the total value of a consingment, example plastic spoons costing K1400000.00=$280.00 plus 6% comes to $296.80 if cif was not charged the trader was going to pay $70.00 as vat & p-tax but including cif the trader pays $74.20 we know Zimra is government agent for revenue collection but this must be clear, because some officers, they do not charge this 6% cif and all the borders namely Kariba,Chirundu, Victoria Falls and Nyamapanda they charge differently why not uniformity,  
Resolution status note: On 27 May 2013, Zimbabwe Revenue Authority advised that the correct method to value commercial consignments imported into Zimbabwe is on a Cost, Insurance and Freight (CIF) basis. Simplified Trade Regime (STR) importations are commercial importations and therefore this method is applicable. The current practice to value STR goods on a CIF basis is therefore the correct approach. Where the insurance and transport has not been proved the Customs and Excise Act (Chapter 23:02) of Zimbabwe provides for 1% and 5% of the value the consignment to make it 6% to be considered as the charges respectively. Guidelines on valuation would be recirculated to all stations.  
NTB-000-555 8.4. Transport related corruption 2012-11-06 Zambia: Siavonga Turn off, Lusaka-Chirundu Highway, Police Manning that Place Zimbabwe Resolved
2012-12-19
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Complaint: Zupco bus permit taken by Zambian Police citing that the bus has one tyre which is finished and the window screen has a crack , this is causing them to be fined every time when they are at the road block for failing to produce the bus permit, practical on daily basis when they are stopped they have to pay k50000/$10.00 so as to catch up with time just avoiding passengers to run away from them, almost 3 months they cant produce the permit  
Resolution status note: Zimbabwe reported that The ZUPCO bus permit was returned on 16 December 2012 by Zambia police. This NTB is therefore resolved.  
NTB-000-553 8.1. Government Policy and regulations 2012-11-20 Zambia: Mbala town South Africa Resolved
2013-04-10
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Complaint: This complaint is registered by FESARTA.
Mbala town in Zambia is levying a parking fee on all transporters.
Transporters are not allowed to park along the roadside, but have to use ZAMESCO's parking yard, at a cost of US$36 per day.
This is not acceptable as the transporters are not given any alternative and the parking fee is high.
 
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Zambia reported that transporters are allowed to park along the road side.  
NTB-000-552 2.2. Arbitrary customs classification
Policy/Regulatory
2012-11-01 Zimbabwe: Head Office Zimra Zimbabwe Resolved
2013-08-07
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Complaint: form 47 which is customs declaration form on Rebate states, who enjoys travellers rebate and marked(excluding) reads excluding Any person employed as the pilot or master or any member of the crew of an aircraft, ship or vehicle arriving from outside Zimbabwe ,bus crew members,drivers are also included,why are they not given rebate allowance as other nationalities, this is a national benefit why excluding them , what benefits do they have as bus crew members? even the remission they dont understand about it even to be given that remmission they are not, this is the other reason why bus crew members are involved in smuggling with border officials, give them an allowance on daily basis  
Resolution status note: On 7th August 2013, Zimbabwe Revenue authority reported that , travelers rebate excludes "any person employed as the pilot or master or any member of the crew, of an aircraft, ship or vehicle arriving from outside Zimbabwe" This is in terms of Section 114 of the Zimbabwe Customs and Excise General Regulation Statutory Instrument 154 of 2001. This is therefore a legal requirement and it is mandatory that this be implemented. The same regulations also provide for a remission of duty for a consignment of a maximum value of US$20.00 every time one travels. Once the consignment exceeds the US$20.00 duty is paid on the full value of the consignment. Please note that smuggling of goods is an offence which may lead to seizure of the goods and at times prosecution and is therefore discouraged.
Based on this explanation, SADC secretariat advised that the NTB be marked resolved.
 
NTB-000-551 8.7. Costly Road user charges /fees
Policy/Regulatory
2012-11-02 Zimbabwe: Victoria Falls South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
The Zimbabwean Ministry of Transport and Infrastructure is levying a toll of US$30 per trip, for the crossing of the Victoria Falls bridge. Ref: SI 171 of 2012.
This toll is not justified because it was never discussed with those who are having to pay the toll and there is no reconciliation for the amount of the toll.
Furthermore, transporters pay road user charges, which are to cover the wear and tear caused to the roads and bridges.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-549 8.1. Government Policy and regulations
Policy/Regulatory
2012-11-01 Mozambique: Maputo South Africa Resolved
2013-04-10
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Complaint: This complaint is registered by FESARTA.
The Matola Council, near Maputo, is requiring transporters to purchase a permit to enter its area.
The permit costs in the region of US$80 per trip.
It is not acceptable for a municipality to charge transporters to enter its area.
Transporters pay road user charges for the wear and tear they cause to the roads.
Furthermore, they purchase services and goods from the area and so increase trade.
 
Resolution status note: Mozambique reported that road user charges were charged at national level and not by Municipalities and that such charges are not legal. Mozambique requested FESRATA to provide proof of payment on the said charges as this is not legal in Mozambique. Proof of payment is provided in the online system. It was therefore agreed that this NTB be resolved and that FESRATA should report any such further charges to Mozambique authorities.  
NTB-000-548 8.1. Government Policy and regulations 2012-11-30 Botswana: Kazungula Ferry South Africa Resolved
2015-03-25
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Complaint: This complaint is registered by FESARTA.
The Botswana Department of Veterinary Services is requiring a permit for agricultural products to be purchased in Gaborone and for the original to be carried on the truck.
This procedure is time-consuming and inefficient.
The process should be done electronically and the truck carry an electronic copy.
 
Resolution status note: On 25 March 2015, Botswana Focal Point reported that transit permits are now issued in various Veterinary Offices countrywide. Issuance of such permits has now been decentralized. Botswana still requires that permits original (hard) copies MUST always accompany consignment. It must be noted that 1 consignment requires 1 permit which is neither time consuming nor inefficient. Introduction of electronic copies (for convenience) is still being considered. With this explanation, and that transporters can obtain permits easily, the NTB should be considered resolved  
NTB-000-546 1.2. Government monopoly in export/import 2010-09-01 Zimbabwe: Harare offices Zimbabwe Resolved
2016-08-24
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Complaint: Zimbabwe has too many agencies issuing agricultural Permits, thereby giving problems to those who would want to obtain them, for example you have to go to gugunyana offices then you go to Mazowe Plant and Quarantine offices then also you have to go to AMA (agricultural marketing authority) this process we feel its too long why cant it be done under one roof, or one just live your application then the move around into different offices is done within the office bearers  
Resolution status note: Zimbabwe reported that most of the issues are of policy nature therefore awareness programmes with relevant stakeholders and government agencies will be undertaken .  
NTB-000-544 2.3. Issues related to the rules of origin 2012-06-01 Zimbabwe: Chirundu Zimbabwe Resolved
2013-06-13
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Complaint: Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products  
Resolution status note: On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.

Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.

In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above.
 
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