Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P61: Inspection requirement 

Date when the measure came into force

01 July 1955 

Publication where the measure is specified

Customs and Excise Act 

Regulation where the measure is specified

Customs and excise Act as amended by G.N No 407 of 1963 and Act No. 4 of 1999 

Country/Region applying the measure

Zambia 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

19 The driver or person in charge or having the control of any vehicle which is within or is entering or leaving any customs area shall, when requested to do so by an officer by word, sign, or in any other manner, cause the vehicle to stop for the purpose of search and examination, and no person shall cause the vehicle to be set in motion again until permitted by such officer to do so
(1) Every person intending to export any goods from Zambia shall, before such an exportation takes place, deliver to an officer a bill of entry or such other documents as may be prescribed, with such copies as may be required by the officer, showing full details and particulars of the goods and their destination with such other information as the officer may require, and no goods shall be exported or accepted for carriage for export until such entry or other customs documents have been so delivered:Provided that
(a) where
(i) Certain prescribed goods are to be exported temporarily; or
(ii) Goods are to be exported after having been imported under special temporary clearance arrangements;
(iii) goods are exported by post; the presentation of a bill of entry or other prescribed customs documents may be dispensed with at the Commissioner-General’s discretion and entry for exportation shall be effected in such other manner as the Commissioner-General may direct;
(b) The presentation of a bill of entry or other prescribed customs documents in respect of the baggage of passengers, not being merchandise, shall not be necessary, unless specifically or generally required by the Commissioner General.
(2) Notwithstanding anything to the contrary contained in subsection (1), the bill of entry or other prescribed customs documents may be delivered within such time after exportation of the goods as the Commissioner General may allow.
(3) Except in such circumstances as the Commissioner-General may permit, a separate bill of entry or other prescribed customs document, as the case may be, shall be delivered in respect of each separate consignment of goods exported by any one exporter.
(5) Every exporter shall, if he is requested to do so by an officer, produce for his inspection all invoices and other documents relating to any goods entered for export in terms of this section and shall, at his own risk and
expense, unload, reload, remove to or from any place indicated by the officer, open, unpack, repack, and close up such of the packages as the officer may require for examination and all charges incurred in the examination shall be borne by the exporter.
(6) Any person who exports or assists in exporting any goods in contravention of this section shall be guilty of an offence.(As amended by G.N. No. 407 of 1963 and Acts No.16 of 1996 and No. 4 of 1999)
48.(1) Goods shall not be exported from Zambia without entry being made and without such duties as may be imposed by the law being paid or secured.
(2) Except with the prior permission of an officer, no person shall load any goods, except the personal effects of passengers contained in their baggage, into a ship, aircraft, vehicle, or pipeline for exportation from Zambia.
(3) Any person leaving Zambia shall, if called upon to do so by an officer,
unreservedly declare all goods in his possession which he proposes to take with him beyond the borders of Zambia and shall, if so required, produce such goods for inspection by such officer.(As amended by G.N. No. 407 of 1963, Acts No. 48 of 1968,Act No. 4 of 1999 and Act No.4 of 2005)
49.(1) The driver or person otherwise in charge of any train or other vehicle intending to leave Zambia by land shall report to the Customs Services Division at the intended customs port of exit and shall
(a) make a report in such form as may be prescribed; and
(b) shall answer any questions asked by any officer in relation to that report, the intended journey of the train or other vehicle and the goods and persons carried on the train or other vehicle.
(2)The driver or person otherwise in charge of the train or other vehicle shall not remove the train or other vehicle beyond the borders of Zambia without the permission of the Customs Services Division.
50. (1) The master of any ship intending to export goods from Zambia shall, before any goods, including ballast, are laden in the ship, make application to the Customs Services Division, in the form prescribed, for permission to load goods on such ship.
(2) No goods shall be loaded other than in accordance with the terms and conditions of a permit issued pursuant to subsection (1).
(3)The master shall before the ship departs, whether or not in ballast or laden (a) deliver to the Customs Services Division a duly completed application for clearance in the prescribed form; and
(b) answer all such questions concerning the ship, its cargo, or passengers, if any, crew and voyage as may be asked by an officer.
(4)The master shall not cause or permit the ship to depart without first obtaining a certificate of clearance in the prescribed form for the intended voyage from the Customs Services Division, who shall not without reasonable cause withhold such certificate.
(5)The master of any ship departing from Zambia in accordance with a certificate of clearance issued by the Customs Services Division shall cause that ship to proceed immediately to its scheduled destination and shall not call at any other place within Zambia unless forced to do so by accident, stress or weather or other circumstances beyond the control of the master.
(6)If a ship in respect of which a clearance has been issued at any place in terms of this section does not depart from that place within thirty-six hours of the time when the clearance was issued, or within such further time as the Customs Services Division may allow, such clearance shall lapse and the master shall obtain fresh clearance before permitting the ship to depart.(As amended by G.N. No. 407 of 1963 and Act No. 4 of 1999)
51. (1) The pilot of any aircraft intending to depart from Zambia shall, before such departure
(a)deliver to the Customs Services Division a duly completed application for clearance in the prescribed form; and
(b)answer all such questions concerning the aircraft and its freight, if any, passengers, if any, crew and journey as may be asked by any officer.
(2)The pilot shall not cause or permit the aircraft to depart without first obtaining a certificate of clearance in the prescribed form from the Customs Services Division which shall not without reasonable cause withhold such certificate.
(3)The pilot of any aircraft departing from Zambia in accordance with a certificate of clearance issued by the Customs Services Division shall cause that aircraft to proceed immediately to its scheduled destination and shall not call at any other place in Zambia unless forced to do so by accident, stress or weather or other circumstances beyond the control of the pilot.
(4) If the aircraft in respect of which a clearance has been issued at any
place in terms of this section does not depart from that place within thirty
-six hours of the time when the clearance was issued, or within such further time as the Customs Services Division may allow, such clearance shall lapse and the pilot shall, before permitting the aircraft to depart, obtain fresh authority for the aircraft to proceed outside Zambia.(As amended by No. 16 of 1956, G.N. No. 407 of 1963 and Act No. 4 of 1999)
52.(1) The master of any ship, the pilot of any aircraft, or the operator of any pipeline may appoint an agent to perform any act including the answering of questions required by or under this Part, and any such act
performed by the agent shall in all respects and for all purposes be deemed to be the act of the master, pilot, or operator, as the case may be.
(2)Notwithstanding subsection (1) where the personal attendance of the master, pilot or operator is required by an officer, the master, pilot or operator shall attend in person to answer questions asked by the officer.
(Act No. 4 of 1999 

Reference of the measure

part III para 19, Part V para 47, 48 and 49 

Measure also domestic

No 

Products affected by the measure.

Description

all exports 

Countries/Regions affected by the measure.

Description

Zambia