| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-382 |
2.8. Lengthy and costly customs clearance procedures |
2010-08-11 |
South Africa: Beit Bridge |
Malawi |
Resolved
2011-10-18 |
View |
|
Complaint:
|
The process of clearing trucks at the Beit Bridge Border Post is very low since week beginning 26 July 2010. Trucks take up to 3 days to cross from Messina to Beitbridge? Drivers have reported that South Africa Revenue Authorities are not deploying enough manpower to clear trucks on time. Stops and supervising take ages to be completed |
|
|
Resolution status note:
|
At the Cross Border Road Transport Agency Indaba held on 18-19 October 2011, SARS reported that most clearance procedures are now done electronically. SARS is now moving into a paperless environment and is encouraging all Hauliers/Operators to register their road manifest with SARS to cut out on paper work at the border. It now takes as little as 11 minutes for a truck to be cleared on the South African side at Beit Bridge border. |
|
|
NTB-000-384 |
7.9. Inadequate trade related infrastructure |
2010-08-11 |
Mozambique: Tete Bridge |
Malawi |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Drivers crossing through Tete bridge take 2-3 days of waiting to cross in both directions of the route. |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Mozambique reported that following completion of construction works, Tete bridge is now fully operational. There are no more delays at the Bridge since construction works have been completed |
|
|
NTB-000-431 |
2.3. Issues related to the rules of origin |
2010-08-31 |
Tanzania: Namanga |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Tanzania is charging 25 percent duty on Kenya exports of self adhesive tapes despite the fact having EAC certificate of origin |
|
|
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, Tanzania reported that a verification mission to authenticate whether the products conform to the Rules of Origin was undertaken and the NTB had been resolved. |
|
|
Products:
|
3919.10: Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, in rolls <= 20 cm wide |
|
|
NTB-000-432 |
2.3. Issues related to the rules of origin |
2010-09-01 |
Zimbabwe: Beitbridge |
Eswatini |
Resolved
2016-03-24 |
View |
|
Complaint:
|
Zimbabwe Revenue Authority (ZIMRA) is charging duty on of fridges and freezers manufactured in Swaziland and exported into Zimbabwe under the FTA preferential trade regime querying the originating status. |
|
|
Resolution status note:
|
On 24th March 2016, Zimbabwe Focl Point reported that a joint verification mission on the Palfridge case was carried out during the period 19 to 21 January 2016 in Swaziland between the Swaziland Revenue Authority (SRA) and the Zimbabwe Revenue Authority (ZIMRA). In attendance was the COMESA Secretariat and representatives from the Ministries responsible for Trade from the two countries. After deliberations and tests carried out SRA and ZIMRA agreed that he fridges and freezers are listed as goods of economic importance to Swaziland and should acquire a minimum value addition of 25% for them to qualify under COMESA preferential treatment. The freezers and fridges qualify as originating from Swaziland under COMESA as they acquired a minimum value addition of 25% should therefore be accorded preferential treatment when imported into Zimbabwe |
|
|
Products:
|
8418.50: Furniture "chests, cabinets, display counters, show-cases and the like" for storage and display, incorporating refrigerating or freezing equipment (excl. combined refrigerator-freezers with separate external doors, household refrigerators and freezers of |
|
|
NTB-000-546 |
1.2. Government monopoly in export/import |
2010-09-01 |
Zimbabwe: Harare offices |
Zimbabwe |
Resolved
2016-08-24 |
View |
|
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-000-435 |
2.14. Other |
2010-09-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of implementation of EAC harmonized documents by partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now using EAC harmonized documents. This NTB is therefore resolved |
|
|
NTB-000-427 |
1.8. Import bans |
2010-10-14 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
RE: Importation of Day old Chicks |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Zimbabwe reported that banning of day old chicks was done to protect animals from diseases originating across the borders. This is therefore a NTM. |
|
|
NTB-000-386 |
1.1. Export subsidies
A83: Certification requirement
Policy/Regulatory |
2010-10-15 |
Zambia: Ministry of Health |
Tanzania |
Resolved
2011-05-23 |
View |
|
Complaint:
|
The Ministry of health in Zambia issued a notice under Food and Drugs Act Cap 303 of the Laws of Zambia for all importers of food products into Zambia and those transiting to other countries to obtain Health insuarance certificates. All transit trucks loaded with food stuff and beverarages must obtain this permit which is only issued in Lusaka and takes upto 10 days. This short notice has resulted in all the trucks carrying this kind of cargo getting stuck in Nakonde adding to more delays than what already being experienced at Nakonde . What is odd is that why should transit trucks have to obtain these permits ? Can something be done about this urgently to avoid huge pile ups of trucks at Nakonde please ? |
|
|
Resolution status note:
|
Zambia reported that there is no Health insurance certificates but health clearance certificate under cap 303 and this requirement has always been there except Nakonde border post previously was operating without following these requirements until recently when they are working towards normalizing its operations.
These certificates are only issued in Lusaka but efforts are being made to build capacity at provincial levels so that the system can be decentralized. This is in the plan for this year, 2011. |
|
|
NTB-000-387 |
7.9. Inadequate trade related infrastructure |
2010-12-03 |
Zimbabwe: Victoria falls |
Zambia |
Resolved
2011-06-06 |
View |
|
Complaint:
|
Flt Ks 131 ACK 5928/ACE 6891 T/ ACC 4918 T. This vehicle has a GVM of 54.4 tons on the Lstone weighbridge but is declared at 57.13 tons in Vic Falls.
The truck has been refused a reweigh for 4 days which is against the normal practice.
This is an electronic weighbridge and from vast experience on Zambian weighbridges, it is suspected that the weight is recorded incorrectly by the operator pressing the enter button before the weighbridge settles and therefore recording a higher weight than actual.
Zimbabwe is also charging exccessive fines above the SADC recommended scale of fines by demanding a rate massively in excess. Zimbabwe also does not give a percentage allowance as per SADC agreement. |
|
|
Resolution status note:
|
On 06 June 2011, Zimbabwe reported that that the Victoria Falls Weighbridge was calibrated (standardised) in mid-March 2011. The Ministry of Industry and Commerce's Trade Measures Department together with the Vehicle Inspection Department (VID) carried out the standardisation process. Zimbabwe has not yet received any complaints since then. |
|
|
NTB-000-416 |
5.10. Prohibitions |
2011-01-01 |
Zimbabwe: Victoria Falls |
Zimbabwe |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Zimbabwe government absolute ban of the importation of potatoes and tomatoes |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that there is no ban on importation of tomatoes and potatoes as reported by the Ministry of Agriculture at the NMC meeting held on 21 July 2011. |
|
|
Products:
|
2002.10: Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid |
|
|
NTB-000-394 |
1.1. Export subsidies
A84: Inspection requirement
Policy/Regulatory |
2011-01-15 |
Angola: At the point of offloading. |
South Africa |
Resolved
2015-04-07 |
View |
|
Complaint:
|
Ministry of Agriculture in Angola has implemented decree Nr 02/08. This decree requires the inspector to be present at the time of offloading, and to draw samples per load, line item and batch. As there are on average over 100 lines per container and more than one batch per line, this can result in as many as 300 samples being drawn per container. The remaining items will need to be placed in quarantine until testing is finalized and release given.
Given that on average 3 containers arrive in Luanda daily, more than 900 items from Shoprite alone will create a problem for the Lab. Their turn around time of 3 days will be impossible to maintain.
Many of the products are also time sensitive, which means that by the time final release is given, there may be very little shelf life left, if at all.
Then there is also the cost to consider. Sampling and testing is part and parcel of the business but taken to the extreme as is the case here, it becomes a very costly and ultimately damaging excercise both to the Business and the end consumer (reduced shelf life, less choice).
Suggestions:
1. Allow a South African authority (SABS, NRCS) to sample and inspect the goods before dispatching and issue a certificate against the findings, to accompany the load.
2. Allow Shoprite to send samples of the goods onboard via courier company so that the inspection can commence and thus be completed and the certificates issued by the time that the load arrives at the store level. The batch number can be verified by an independant body. |
|
|
Resolution status note:
|
On 7th April 2015, South Africa Focal Point reported that they had received confirmation from the complainant that NTB 394, reported by SA against Angola should be recorded as 'resolved' because what was complained about had not been enforced |
|
|
Products:
|
0401.10: Milk and cream of a fat content by weight of <= 1%, not concentrated nor containing added sugar or other sweetening matter and 1601.00: Sausages and similar products, of meat, offal or blood; food preparations based on these products |
|
|
NTB-000-389 |
7.3. Corruption |
2011-01-28 |
Kenya: Sirari Border Post |
Tanzania |
Resolved
2011-08-29 |
View |
|
Complaint:
|
Police officers at the Kirumu check point are harrassing Truckers bringing goods to Tanzania through Sirari border post. The harrassment is associated with attempts to solicit for bribes. Truck owners claimthat although they usually have all the customs receipts pertaining to the merchandise they are carrying, police officers have continued to hassle them for no apparent reasons. |
|
|
Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported a necessary disciplinary action had been taken to address this problem. |
|
|
NTB-000-388 |
8.7. Costly Road user charges /fees |
2011-01-30 |
EAC |
Tanzania |
Resolved
2014-05-15 |
View |
|
Complaint:
|
There are too many roadblocks along the major hoghways in EAC partner states. Too many stops points (police check points ) that cause unnessary delay of goods from ports to various destinations in the partner states. |
|
|
Resolution status note:
|
On 15th May 2014, Kenya Focal Points reported that this NTB had been resolved. KRA abolished the requirement of Cash bonds as recommended by the EAC regional forum on NTBs and Council . What is required and applied is a general bond . Therefore the NTB should be recorded as resolved. |
|
|
NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
|
|
Resolution status note:
|
Mozambique reported that the 15% duty is the applicable duty under her preferential tariff reductions offer to South Africa. Mozambique tariff reduction offer for RSA began in 2011 and goes up to 2015.
The goods in question, classified in HS code 02.10.20.00 is of class C1, according to Mozambique’s offer and the percentage of duties in 2011 is of 5% for the other SADC Member States, while for RSA it’s maintained at 15%. The application of zero (0) tax for 18 months was a result of miss interpretation of the Customs Tariff, a fact that was later corrected by the competent authority. Service Order nº 3, from January 11 from the Revenue Department established a 15% tax for class C1 goods coming from RSA and 5 % for products coming from other SADC Member States. |
|
|
Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
|
|
NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
|
|
Resolution status note:
|
Mozambique confirmed that the duty applied on tariff cod 0210.20.00 is zero. Customs Authorities have rectified the problem and are not charging duty on the product. |
|
|
Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
|
|
NTB-000-390 |
2.10. Inadequate or unreasonable customs procedures and charges |
2011-02-14 |
Mozambique: Customs |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
Specific types of packaging are required to export perishable items to the UK. The packaging materials are not available in Mozambique. They can be imported duty-free as long as the exact same number are re-exported. This is almost always impossible because a small percentage of packets always get damaged in the packing process. However if the exact same number of packets are not exported then the company is required to pay duty on the full number of packages imported, not only on the damaged ones which are not re-exported |
|
|
Resolution status note:
|
Mozambique explained that the temporary import of taras and other materials or equipments is legislated by article 28 of the decree 34/2009 of July 6th. For this process duty is not paid at the country entrance. Number 6 of the same article states the various guarantee terms to which such imports are subject. By rule, these must cover the revenue at risk from the damaged packaging and of those whose regularization may not have been justified by re exportation to the origin or definitive importation for local consumption.
In a meeting held between SADC Secretariat and Mozambique focal points, Mozambique reported that duty is only charged only on the damaged packages which are not re-exported. Any company experiencing further problems is advised to consult director of Customs. |
|
|
Products:
|
0703.10: Fresh or chilled onions and shallots |
|
|
NTB-000-391 |
7.4. Costly procedures |
2011-02-14 |
Mozambique: Ministry of Finance |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
Withholding tax of 20% is charged on any payment made to a company not registered in Mozambique. Export of fresh produce to Europe by airfreight, or to South Africa by refrigerated road haulage cannot be carried out by any company registered in Mozambique. Therefore payment to service providers such as international airlines and road hauliers engaging in export of perishable goods to Europe or South Africa is subject to payment of 20% withholding tax. International airlines and road hauliers do not accept the deduction of this tax meaning the exporting company based in Mozambique must assume this as a cost, thus increasing the cost of export products, and reducing the margin made on exporting these products |
|
|
Resolution status note:
|
At the consultative meeting held between SADC Secretariat and Mozambique NTBs focal Points in Maputo on 19 September 2011, Mozambique reported that all compaines doing commercial business in the territory must be registered in that country. Foreign haulage companies wishing to participate in local business must therefore conform with legal requirements. |
|
|
Products:
|
0708.10: Fresh or chilled peas "Pisum sativum", shelled or unshelled |
|
|
NTB-000-392 |
2.8. Lengthy and costly customs clearance procedures |
2011-02-14 |
Mozambique: Customs |
Mozambique |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Customs require supervision of packing of all export containers for certain products such as perishables, at point of packing. This means that they have to supervise packing on the farm. This requires that the export company provides transport, expenses and accommodation to customs officers for the times when containers are being packed. Often customs officers are not available, or are delayed meaning that the company has to wait for them. If the company is a regular exporter and its farm is located away from a customs post (often the case) then they are required to provide accommodation, office space and living expenses for customs officers to be permanently on site to supervise any containers packed |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Mozambique reported that this is a not a NTB but a normal customs procedure to seal containers at the farm in order to expedite exports. Once sealed the container is not opened at the port. |
|
|
Products:
|
0708.10: Fresh or chilled peas "Pisum sativum", shelled or unshelled |
|
|
NTB-000-393 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-02-14 |
Mozambique: Maputo Port |
Mozambique |
Resolved
2012-04-26 |
View |
|
Complaint:
|
- 418 containers (+/- 600 TEU which accounts for about 100% market share for transit business according to DP World statistics) between Maputo and the Hinterland (mainly Zimbabwe) under the Through Bill of Lading product were moved from April to December.
- The average dwell time (from discharge move to the day when the containers leave the port) is approximately 31 days
- The port grants us 10 days freetime for storage, i.e. companies pay on average 21 days storage at a rate of USD 14/day (21*14*600 = USD 176,400 in storage)
- Under normal circumstances companies would also be liable for the equipment cost to the shipping line in the form of demurrage and detention. Currently for transit USD 50 per day after day 30 (it varies slightly from shipping line to shipping line). If we add another 7 days transit to the dwell time, plus 5 days for clearance/delivery in Zimbabwe and 7 days empty return of the container into port we look at a total equipment turnaround time of 50 days from discharge to empty return, i.e. 20 days of DMR/DET or in monetary terms USD 600,000 for 600 containers only over a period of less than 12 months.
- This means that Mozambique adds USD 1,294 per TEU of extra costs on the Maputo corridor due. The bill is picked up by the end consumer in the Hinterland of course as most of the costs are passed on.
The underlying problem is DIPLOMA 10/2002 30.01. (attached is the English translation) which states that rail is NOT a bonded mode of transport (Article 1 - Conveying unit c, Railroad carriages or wagons) and that one needs to give customs a guarantee 'determined on the risk offered for the revenue' (Article 4.1) for cargo in transit (Article 4.2a). The legislation then gives two options to register a guarantee with customs: 1. Isolated Guarantee (Article 6) and 2. Global Guarantee (Article 7). For container transit on a large scale only a global guarantee is an option as it allows for the ongoing movement of cargo without registering individual guarantees for each container. The maximum 'valor aduaneiro' (customs value) is USD 2,000,000 for a USD 150,000 USD deposit/bank guarantee/insurance bond (Article 7.1), but the general director of customs can increase the ceiling 'by application of the interested, taking into account the risk involved for the revenue, resulting from the customs record of the interested, ...' (Article 7.2).
Customs interprets the risk value ('valor aduaneiro', risk offered to the revenue) as the cargo's CIF value. We inquired several times what the logic behind this is as the CIF value is far from the actual risk for revenue. It must be duties and VAT. Customs refuses and refers to some other legislation or directive which clearly indicates that customs risk value is CIF value.
Attempts to increase the ceiling of the bond to move more than USD 2,000,000 of CIF value under a global guarantee were rejected based on the grounds that it is not possible for to do this for ongoing container traffic with several consignees in the Hinterland.
We also attempted to get rail exempted from the bond requirement based on the low risk. This was also rejected several times albeit CFM agree that rail should be exempted from bond. Customs couldn’t remember though that they ever agreed to this.
Further, they deduct the CIF value from the bond balance once the clearance process starts until the documents are returned from the border. This ties the value up for a period of about 60 days and does extend the period of which containers are considered to be under risk unnecessarily.
The current procedure basically stops transit movements for imports on a large scale (read: modern container traffic). |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012,, Mozambique reported following progress towards resolution of the NTB:
a) That the legislation regarding the transit of cargo through Mozambique was under revision and it was
expected that a new legislation would come into force by end of June 2012.
b) That the signal windows electronic system was being implemented in Maputo port. It had been tested in
the Beira and Nacala ports, which should be fully operational by end of June.
c) This system would also have a module to control the bank guarantees which was expected to be released
as soon as the cargo crosses the border.
A tracking system woul be implemented shortly to improve the control of the cargo.
The meeting accepted Mozambique submission too consider the NTB resolved. |
|
|
Products:
|
8506.50: Lithium cells and batteries (excl. spent) |
|
|
NTB-000-399 |
7.3. Corruption |
2011-02-21 |
Zimbabwe: kariba border post |
Zimbabwe |
Resolved
2012-03-28 |
View |
|
Complaint:
|
Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that complaints relating to bribery should be reported immediately to the officer in charge for traceability and immediate action besides the online system for transparency. This could have been a once off incidence |
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