| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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-000-431 |
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-000-382 |
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-000-381 |
7.1. Arbitrariness
Policy/Regulatory |
2010-06-08 |
Mozambique: Posto Fiscal de Cobue |
Zimbabwe |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Mozambique police are charging fines to transporters although their Registration Books have been notarised by the Mozambique Embassy. Notarised Documents are acceptable throughout Mozambique except in other areas particularly the Beira region. Transporters from Malawi and Zimbabwe entering through Mulange/Muloza ; Forbes/Machipanda; Nyamapanda/Cuchamano; Dedza/Calomue and Mwanza/Zobue border posts are affected by these fines. Authorities in these corridors do not accept certified copies of the documents. |
|
|
Resolution status note:
|
Mozambique reported that the Interior Ministry advised that the Road Traffic Code states that the circulation within Mozambican territory with a photocopied document is illegal. Article 42 ( 2) of the Road Traffic Code and Article 7 (2) of Decree no. 68/2008 of 30th December. The fine is set at 200,00 Mts and not 2000,00Mts as was reportedly charged.
2. In a meeting held between SADC secretariat and Mozambique focal [points on 19 September 2011, it was agreed that the SADC secretariat would facilitate consultations between reporting and imposing country on this matter.
3. On 27 March 2012, Mozambique reiterated its position that , the road code in Mozambique states clearly that the driving is subject to an original valid driving license only.
Certified copies of driving licenses are not allowed. Following NTB mission in September, 2011 this complain is resolved. |
|
|
NTB-000-437 |
8.8. Issues related to transit |
2010-05-12 |
EAC |
Kenya |
Resolved
2015-09-24 |
View |
|
Complaint:
|
Delays in transit bonds cancellation by EAC partner states |
|
|
Resolution status note:
|
Now with the introduction of the Single Customs Territory using a single bond from the port up to final destination, the issue has been addressed. |
|
|
NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved
2015-12-16 |
View |
|
Complaint:
|
Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
|
|
Resolution status note:
|
During the 27th COMESA TC Committee in August 2011, the COMESA Secretariat was directed to liaise with Madagascar to implement the Council decision taken at its 29th Meeting in Lusaka to provide justification for refusing the COMESA Certificate. Currently, Mopirove is exporting without difficulty . However an official decision is yet to be communicated to mauritius to avoid the risk that Madagascar Customs can refuse the COMESA Certificate of Origin from Mauritius |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved
2015-12-16 |
View |
|
Complaint:
|
Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
|
|
Resolution status note:
|
The two parties agreed that the issue does not constitute an NTB because the soap exported by Mauritius to Madagascar enters duty free therefore its not a NTB. This matter is therefore resolved . Madagascar requested the Secretariat to organise . Mauritius confirmed that Exports are no longer subjects to verification on RoO. |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-434 |
2.3. Issues related to the rules of origin |
2010-04-15 |
Madagascar: Customs |
Mauritius |
Resolved
2015-12-16 |
View |
|
Complaint:
|
Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar |
|
|
Resolution status note:
|
During the COMESA NTBs Focal Points meeting held in August 2016, Madagascar and Mauritius informed the meeting that this NTB had been resolved in line with the decision of the 28th COMESA Council of Ministers |
|
|
Products:
|
3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products |
|
|
NTB-000-413 |
7.9. Inadequate trade related infrastructure |
2010-03-31 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Crossborders buses are not allowed to cross over Kariba Bridge, which in turn will force a number of cross border traders to use Chirundu via Makuti which is expensive to the traders then(can the tonnage limit be reviewed by Zambezi River Authority and the Ministry of transport) |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that a eeting between Zimbabwe and Zambezi river Authority had agreed on th elifting of the ban. The ban has been lifted to allow cross border buses and small commercial transport of up to 11tonnes to use the bridge. |
|
|
Products:
|
0302.11: Fresh or chilled trout "Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster" |
|
|
NTB-000-379 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2010-02-19 |
Democratic Republic of the Congo: Kasumbalesa |
Namibia |
Resolved
2016-10-07 |
View |
|
Complaint:
|
DRC is charging exorbitant fees which are not in line with SADC and COMESA harmonized fees.From 01/02/10 DRC did not reduce their tolls they instead greatly increases
them. Road tolls in DRC are about 15 ( 1500 % ) times greater than the SADC
recommended. Today a foreign transporter entering DRC at Kasumbalesa going to Tenke
Fungurume mine ( 300 kms each way ) is subject to the following tolls and
fees (distance of 300 kms into DRC and 300 kms out of DRC): Road toll Kasumbalesa/Lubumbashi return $ 300 ; Road tolls Lubumbashi/Likasi return $ 300; Road tolls Likasi/Tenke return $ 150 ; Government tax $ 50 ; Fumigation Fees $ 50 ; Card entry $ 15 ; Tourism/Vaccination fees $ 35 ; Visa for truck $ 25 ; Break bulk fees $ 20. Total cost to the transporter in Fees and Tolls is $ 945. That works out at $
157.5 per 100 kms. The SADC agreed is $ 10 per 100 kms. |
|
|
Resolution status note:
|
FESARTA reported that the NTB does not exist at present. |
|
|
NTB-000-349 |
6.2. Administrative fees |
2010-02-10 |
South Africa: Ministry of Transport |
Mozambique |
Resolved
2011-03-09 |
View |
|
Complaint:
|
South Africa charges on refrigerated trucks that come to pick bananas from Mozambique are too high |
|
|
Resolution status note:
|
South Africa reported that this is no longer existing |
|
|
NTB-000-352 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2010-02-10 |
SADC |
Namibia |
Resolved
2011-11-10 |
View |
|
Complaint:
|
The cabotage law applied by SADC Member states contributes to high transport costs. The law does not allow an empty truck to carry back a load from a third country. For example, a South African truck dropping off a load in Namibia cannot pick up a load in Namibia destined for Botswana even though this truck is using trans Kalahari Highway linking the two countries |
|
|
Resolution status note:
|
SADC secretariat responded that : the customs term cabotage as stated in Specific Annex E, Chapter 3 of the revised Kyoto Convention, is applied for imported goods that have not been declared under the condition that they must be transported in a vessel other than the importing vessel in which they arrived in the Customs territory are loaded on board a vessel at a place in the Customs territory and are transported to another place in the same Customs territory where they are then unloaded and cleared. The term can also be used for the same purposes for air transportation (domestic flights).
Looking to the complaint technically, one of the SADC Secretariat key objectives is to reduce the costs of doing business in the region. However, some interventions of the Secretariat are bounded by its regional economic integration process. SADC is currently a FTA among its 11 Member States, enabling goods originating in Member States applying the FTA to enter duty free and quota free under certain conditions stated in the SADC Protocol on Trade. For this economic activity, economic operators are not obliged to be registered as economic operators in the countries were goods are delivered. A deeper regional economic integration would be needed in order to allow foreign economic operators to engage in business activities in Member States, benefiting from local business opportunities but also fiscal obligations. This is a level of economic integration closer to common market and which unfortunately, the SADC Protocol on Trade does not provide for. |
|
|
NTB-000-353 |
7.9. Inadequate trade related infrastructure |
2010-02-10 |
SADC |
Namibia |
Resolved
2016-10-07 |
View |
|
Complaint:
|
A truck legally loaded in Namibia may not be legally loaded in another SADC country due to lack of uniform loads and Gross Vehicle Mass (GVM) standards in SADC. There is need to standardize the axle loads |
|
|
Resolution status note:
|
FESARTA reported that this NTB was no longer in place |
|
|
NTB-000-355 |
8.7. Costly Road user charges /fees |
2010-02-10 |
SADC |
Namibia |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Bond registration fees are excessively high in all SADC countries. Especially when cargo transits in two countries the bond registration fees become a constraint. |
|
|
Resolution status note:
|
The 10th meeting of SADC Committee on Trade facilitation held on 14-15 June 2012 noted that the issue of bonds is normally managed by private sector, mostly banks therefore commercial rates would prevail. It was also noted that
within the SADC Customs work programme, there is work to facilitate single transit bond, the result of which should be
ready by March 2013. This NTB was therefore considered resolved on grounds that bond registration fees are cahrged at market rates. |
|
|
NTB-000-374 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
COMESA |
Zimbabwe |
Resolved
2019-10-12 |
View |
|
Complaint:
|
Lack of a SADC simplified trading regime hampers small traders from doing business with their SADC counterparts. |
|
|
Resolution status note:
|
During the national Workshop to launch SMS tool for Zimbabwe and training on online system, held on 10- 12 October 2019, Zimbabwe reviewed all outstanding NTBs and reported that SADC had made progress in developing the SADC STR and therefore this resolves the issue. |
|
|
NTB-000-375 |
2.3. Issues related to the rules of origin |
2010-02-10 |
SADC |
Zimbabwe |
Resolved
2011-11-10 |
View |
|
Complaint:
|
There is lack of clarity and information on the authorities issuing and processing SADC certificates of origin in Member states. |
|
|
Resolution status note:
|
SADC secretariat reported that : as stated in rule 9 of the Annex I of the SADC Protocol on Trade, “Member States shall deposit with the Secretariat the names of Departments and Agencies authorized to issue the certificates required […], specimen signatures of officials authorized to sign the certificates and the impressions of the official stamps to be used for that purpose, and those shall be circulated to Member States by the Secretariat.” SADC Secretariat circulates all the documentary evidence to Member States immediately upon reception. Additionally, the SADC Customs Unit is working in a user-friendly customs related link in the SADC Secretariat’s website to accommodate not only issues related to documentary evidence for the process of SADC RoO, but also all the binding documentation that enhances trade in the Region. |
|
|
NTB-000-350 |
7.6. Lack of information on procedures (or changes thereof) |
2010-02-10 |
Mozambique: Ministry of Trade |
Mozambique |
Resolved
2011-06-08 |
View |
|
Complaint:
|
Mozambique private sector do not have information regarding tariffs obtaining in the SADC FTA. They are also not conversant with the SADC certificate of origin |
|
|
Resolution status note:
|
Mozambique, reported that there exists a confederation of association of the private sector (CTA) in which there is a working group that deals with customs matters, which participates in all meetings and events related to the subject. |
|
|
NTB-000-372 |
7.1. Arbitrariness
Policy/Regulatory |
2010-02-10 |
Mozambique: Beira Port |
Zambia |
Resolved
2011-08-23 |
View |
|
Complaint:
|
Beira port authority arbitrarily assign security escort for randomly selected containers and charge US$150 without the knowledge of the importer. |
|
|
Resolution status note:
|
During the 8th meeting of the SADC Sub Committee on Trade Facilitation ,Mozambique reported that the US$150 is a scanning charge gazette and information available to port users. Security is not assigned arbitrarily. |
|
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