| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-412 |
2.3. Issues related to the rules of origin |
2009-05-08 |
Sudan: Port Sudan sea port |
Kenya |
Resolved
2015-01-19 |
View |
|
Complaint:
|
Sudan customs authorities refused to recognise COMESA certificates of origin for the export of laundry soap noodles manufactured in Kenya. The soap noodles are packed in 25kgs PP woven bags. |
|
|
Resolution status note:
|
On 19 January 2015, Kenya focal point reported that, ideally Sudan Customs should have requested COMESA for a verification mission to Kenya, but the issue was left hanging. Kenya would therefore want this NTB removed from the outstanding NTBs ‘as resolved’ on grounds that the affected company had advised Focal point to close the case since they are no longer exporting soap noodles to Sudan. The NTB shall be registered afresh if it features again. At that point, reporting company will be requested to provide the supportive documents with current dates. |
|
|
Products:
|
3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
|
|
NTB-000-411 |
1.1. Export subsidies
A15: Authorization requirement for importers for sanitary and phytosanitary reasons |
2011-03-23 |
South Africa: National Dept Agricultural
Registrar : Act no 36 of 1947 |
South Africa |
Resolved
2011-04-21 |
View |
|
Complaint:
|
My company submitted renewal of existing Farm Feed Registrations at 12 Dec 2010
All the FF regestrations have expired on 28 Feb. 2011
We have enqeired numerous times on the renewal with no satisfaction.
Th ecompany is stuck with 1000mt of cotton oilcake and 100mt of meat and bone meal that can not come in to South Africa from Zimbabwe and Namibia
The local feed plants and feed lots are running out of stock with no local stocks to supply. We therefore seek help to have our applications processed by the relevant Ministry/Department |
|
|
Resolution status note:
|
The Department of Agriculture & Fisheries renewd the licence on 28 March 2011 |
|
|
Products:
|
1207.2: - Cotton seeds : |
|
|
NTB-000-407 |
7.9. Inadequate trade related infrastructure |
2011-03-07 |
Tanzania: Rusumo-Dar es Salaam Road |
Rwanda |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Weigh Bridges permanent and Temporary ones.... they do not respect the papers that state the weight carried so they force the drivers to weigh another challenge is that, there is no uniformity in the weights that the various weigh bridges present. |
|
|
Resolution status note:
|
The 10th meeting of SADC Trade Facilitation Committee held onb 14-15 June 2012 accpeted Tanzania's explaination that problem arises due to packaging and loading of containers at the port. If containers are not properly packed, goods move while on transit and affect weigh on an axle. Distribution of weight on an axle may be correct at point of departure, but after some distance, it may change as cargo moves. Since weighing is on axles not cargo, different
numbers may be recorded at a weigh bridge. It was reported that sensitization was already being undertaken to alert traders to reduce the possibility of movement of goods inside containers while in transit by packing properly.Tanzania is modernizing the weighing equipment so as to have electronic devices that cannot be tempered with and can keep records. This will contribute towards solving this problem. This NTb was therefore considered resolved on the basis of sensitization work in progress as well as modernisation programme. |
|
|
NTB-000-402 |
7.4. Costly procedures
Policy/Regulatory |
2011-03-01 |
Mozambique: Ministry of Finance |
Mozambique |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Withholding tax is charged on payment to any company not registered in Mozambique. Any truck from a neighbouring country delivering goods to Beira is required to pay this tax on any backload which it may return with to its home destination. In practice this leads to the belief that no foreign truck can collect goods from Beira Port |
|
|
Resolution status note:
|
Mozambique reported that for all foreign operatorso undertake commerciaal transit operations, in that country, they must be conform to requirements as per article 25 of the ministerial decree 10/2002 of January 30th. |
|
|
Products:
|
2523.29: Portland cement (excl. white, whether or not artificially coloured) |
|
|
NTB-000-401 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-03-01 |
Mozambique: Customs Authority |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
For certain types of commodity such as cement, maize, and sugar Mozambican Customs requires a customs escort for transit cargo out of Beira Port to the hinterland. The customs escort costs 5,000Mt for between one and five trucks in a convoy. However: customs escorts cannot be arranged ahead of time and can only be arranged on presentation of a full set of completed clearance documents to customs; customs at Beira Port does not operate at weekends meaning that cargo loaded on a Friday afternoon after 3.30pm or over the weekend and requiring an escort must wait until Monday to move. In practice customs does not always have people available to escort convoys meaning that the documents required for clearance are given to the last driver in the convoy and only when this driver reaches the border can all the trucks in the convoy be cleared out of Mozambique |
|
|
Resolution status note:
|
At the conusltative meeting held between SADC Secretariat and Mozambique focal points on 19 September 2011, ands subsequent meeting between SADC Secretariat, Cornelder de Mozambique, on 22 September 2011in Beira, Mozambique reported that Customs escorts are properly coordinated such that companies can make arrangements for escorts taking place during weekends well in advance. Customs at Beira have arrangements for availability of customs officer at all times to facilitates escorts. However, all documnetation for weekend escorts must be processed during office hours. |
|
|
NTB-000-400 |
1.1. Export subsidies
A52: Irradiation |
2011-02-22 |
South Africa: The Department of Trade and Industry |
Zambia |
Resolved
2015-08-10 |
View |
|
Complaint:
|
The Zambian honey sector have come against repeated resistance from the South African authorities to allow organic honey to enter the South Africa market without the unnecessary requirement of irradiation. Therefore, our traders are requesting the South African government for an exemption from the irradiation requirements for the importation of honey from Zambia as set out by the National Department of Agriculture (RSA).
An analysis undertaken by the National Department of Agriculture (NDA) of South Africa collected honey samples from across Zambia during a national disease survey funded by the World Bank in conjunction with the Department of Agriculture of Zambia. The findings of this analysis by the NDA reveal that there is no American Foulbrood Disease in Zambia. |
|
|
Resolution status note:
|
South Africa advised that all honey exports from Zambia were now accepted into that market. |
|
|
Products:
|
0409.00: Natural honey |
|
|
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 |
|
|
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:
|
This issue was discussed by the National Monitoring Committee at their workshop held on 21 July in Harare which noted that such incidences do occur and proposed that the concerned authorities, namely Police Department and the Ministry of Industry and Commerce take up the matter for investigation with a view to putting in place systems for detterement of such practices in future.
On 22 March 2012, Zimbabwe Revenue Authority Focal Point reported that ZIMRA had since had consultations with Zimbabwe Republic Police on this once off incident. The two parties expect that this would not happen again. The Lake Harest Company was advised that, in future , they should report such incidences immediately either to ZIMRA or the the Senior police officers at Kariba so that they are dealt with immediately . This matter is therefore considered resolved |
|
|
NTB-000-398 |
7.8. Consular and Immigration Issues |
2011-02-22 |
Mozambique: Ministry of Interior - Immigration Department |
Mozambique |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Foreigners are required to have a biometric document, either visa or residence document. This document is issued by the Ministry of Interior. The fees for issuing such documents are substantially higher than the cost of issuing the actual document, given that a passport containing a number of pages is charged at a much lower rate than a visa or residence document, while a visa is a sticker in a passport and a residence document is a simple plastic credit card-style ID. In addition for any national that is not from a Lusophone country a surcharge is levied over and above the cost of issuing the document. There is no indication of what this surcharge is levied for, since it does not equate to the service of actually issuing the document (which is covered by the actual document fee). |
|
|
Resolution status note:
|
Mozambique reported that there is no regional fee standard to benchmark with. Visas are issued by a private sector company. Ministry of Interrior does not therefore control the visa fees. |
|
|
Products:
|
98: Reserved for national use |
|
|
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-000-394 |
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-000-393 |
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-000-392 |
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-000-391 |
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-000-390 |
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-000-389 |
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-000-387 |
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-000-386 |
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. |
|
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