Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B14: Authorization requirements for importing certain products 

Date when the measure came into force

01 July 2010 

Publication where the measure is specified

East African Community Customs Management Act, 2004,Regulations, 2010 

Regulation where the measure is specified

The East African Community Customs ManagementRegulations, 2010 

Country/Region applying the measure

Tanzania 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

134. (1) A person who is usually resident outside the Community and who intends to make a temporary stay in a Partner State shall be granted temporary free admission subject to their re-exportation, where that person imports -
(a)any road vehicle, including trailers, or cycle, and their accessories, for his or her use during the visit;
(b)any goods intended for his or her use, while in a Partner State but not for consumption in a Partner State; or
(c)any road vehicle, including trailers, designed for the transport of person for remuneration or for the industrial or commercial transport of goods, and complies with the conditions contained in sub-regulations (2) and (4).
(2) Subject to sub-regulations (3) and (4) vehicles and goods imported under sub-regulation (1) shall be re-exported within a period of twelve months from the date of importation unless the importer satisfies the proper officer that he or she is prevented from doing so by force majeure
(3). Where a vehicle that has been temporarily admitted cannot be re-exported as the result of a seizure, other than an attachment made as a result of a suit by private person, the period shall be suspended for the duration of the seizure.
(4) The re-exportation of a badly damaged vehicle shall not be required, in the case of a duly authenticated accident, where the vehicle is either subjected to the import duty to which it is liable or is abandoned free of all expenses to the Customs or destroyed at the expense of the parties concerned, as the proper officer may require.
(5) A person who imports a vehicle or goods under the provisions of this regulation shall-
(a)at the time and place of importation, produce to the proper officer the
temporary importation papers (Carnet de Passage en Douane, pass sheet or other similar importation documents) issued under guarantee of an authorized association in respect of the vehicle or goods;
(b)satisfy the proper officer that the vehicle and goods correspond in all respects with the description in the temporary importation papers; and
(c) in the case of vehicles specified in paragraph (c) of sub-regulation(1), satisfy the proper officer that -
(i) his or her principal place of business is outside the Community;
(ii) the vehicle is registered outside the Community;
(iii) the vehicle is owned and operated by a person whose principal place of business is outside the Community;
(iv) the importation is taking place in the course of a journey that has begun and will end outside the Community; and
(v) the purpose of the journey is to use the vehicle for the transport of persons for remuneration or for the industrial or commercial transport of goods from or to a place outside the Community.
(6) The guaranteeing association shall be allowed a period of one year as from the notification of non-discharge of the temporary importation papers, to furnish proof of the re-exportation of the vehicle or goods.
(7) Where proof is not furnished within the time allowed, under sub regulation (6), the guaranteeing association shall immediately pay the duty payable and the payment shall not be refundable after a period of one year from the date of the payment.
(8) A person importing a vehicle or goods under the provisions of this regulation shall-
(a)before re-exportation produce the temporary importation papers and satisfy a proper officer that the vehicle or goods correspond with the description of the vehicle or goods; and
(b)re-export the vehicle or goods during the validity of the temporary importation papers. Procedure where temporary importation papers are not produced
185. (1) An application for authorization of inward processing shall be made to the Commissioner in the Partner State where the processing operation is to be carried out, using Form C13.
(2) Where more than one Partner States is involved, the application shall be submitted to the Commissioner in the Partner State where the applicant’s main accounts are kept and where at least part of the processing is carried out.
(3) The application detailing the intended inward processing shall be made in advance, prior to importation of the goods which are subject to the process.
186. (1) Authorization for inward processing shall be granted where -
(a)the applicant offers the necessary guarantee for the proper conduct of the operation;
(b)the administrative arrangements and supervision of the process are not disproportionate to the economic needs of the applicant;
(c)the applicant is established in the Community except where imports of a non commercial nature are involved;
(d)the imported goods can be identified in the processed products or compliance with the conditions for the use of equivalent goods can be verified; and
(e)security under any customs procedure is provided.
(2) The authorization shall be granted -
(a)in Form C.13;
(b)by acceptance of the customs declaration where the economic conditions are deemed to be fulfilled and no use of equivalent goods or single authorization is involved; or
(c)by letter or electronic mail or a modification of any existing authorization where the application concerns a renewal or modification. Entry and examination of goods
187. (1) Goods imported for inward processing shall be entered in Form C.17 on production of -
(a)original inward processing authorization;
(b)original invoices where applicable; and
(c)other supporting documents.
(2) The proper officer shall require an authorized person to produce the goods for examination at the port of entry or at the place of processing before release for inward processing.
Maintenance of records.
188. A person authorized for inward processing shall provide mechanisms needed to monitor the operation and keep the records of the inward processing activities which shall indicate -
(a)the description and quantities of goods entered;
(b)the date of importation;
(c)details of the processing;
(d)the correct calculations of any import duties and taxes which may be payable;
(e)the quantity of waste, scrap or by- products;
(f)the compensating products obtained; and
(g)the rate of yield. Duty relief for inward processing
189. The Commissioner may grant duty relief by -
(a)the suspension system, under which the import duty payable is suspended at importation; or
(b)the drawback system, where the import duty is paid on importation and reclaimed on subsequent exportation of the processed goods. Termination procedure.
190. Inward processing procedure shall be terminated upon -
(a)re-exportation of the compensating products in one or more consignments;
(b)re- exportation of the products in the state of importation;
(c)loss of goods where the compensating products are exported, provided that
the loss is duly established to the satisfaction of the Commissioner;
(d)release of compensating products for home consumption;
(e)entering the compensating products under a suspensive procedure such as; customs warehousing, temporary importation, processing under Customs control, inward processing or transit; or
(f)the compensating products being placed in a free zone. Import duties
191. Where goods placed under inward processing are entered for home consumption as compensatory products or goods in an unaltered state or where for any other reasons import duty is payable, the import duty shall be computed on the basis of the nature, quantity, customs value and duty rates applicable to goods placed under inward processing at the time they were entered for inward processing. Outward processing Application for authorization. 

Reference of the measure

Part XI section 134 (5)-(8), Part XVI sections185-191 

Measure also domestic

No 

Products affected by the measure.

Description

temporary imports of Motor Vehicles 

Countries/Regions affected by the measure.