| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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. |
|
|
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-000-382 |
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-000-381 |
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-000-379 |
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-000-378 |
7.6. Lack of information on procedures (or changes thereof) |
2010-02-10 |
SADC |
Zimbabwe |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Cross border traders and exporters in general are not aware of the SADC FTA particularly the tariff reduction schedules. |
|
|
Resolution status note:
|
The 10th SADC meeting of the Sub Committtee on Trade Facilitation held on 14-15 June 2012 noted that tariff data is available on the SADC website for the benefit of stakeholders and that Member States have the responsibility to undertake sensitisation in their respective territories to create awareness. |
|
|
NTB-000-377 |
2.3. Issues related to the rules of origin |
2010-02-10 |
Zimbabwe: Ministry of Trade |
Zimbabwe |
Resolved
2010-07-30 |
View |
|
Complaint:
|
Small traders are denied certificates of origin by producers of products in cases where declarations by producers have to be given. ZIMRA has put in place a law where such declarations are denied which is against the protocol provisions |
|
|
Resolution status note:
|
Zimbabwe reported that ZIMRA does issue certificates of origin. All certificates that are presented to ZIMRA for processing and the goods do meet the origin criteria are processed. |
|
|
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-000-374 |
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-000-373 |
7.1. Arbitrariness |
2010-02-10 |
Tanzania: Dar-es-Salaam Port |
Zambia |
Resolved
2011-05-23 |
View |
|
Complaint:
|
Dar es Salaam port arbitrarily transfers containers to Inland Container Deports without the knowledge of importers and charges importers between US$150-US$200 depending on the type of ICD the containers are sent to. |
|
|
Resolution status note:
|
Tanzania reported that, currently the TPA is discouraging the Transit Cargo to be transferred to ICDs by keeping them at the port or by operating the system of Whole Ship Transfer to ICDs with no additional charges. |
|
|
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. |
|
|
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:
|
Mozambique advised that consultations with the CORNELDER - the Company responsible for the Beira Port had been completed and that the issue had been resolved |
|
|
NTB-000-371 |
7.8. Consular and Immigration Issues |
2010-02-10 |
Tanzania: Ministry of Trade |
Zambia |
Resolved
2011-05-23 |
View |
|
Complaint:
|
Tanzania was charging a discriminatory US$100.00 for visa for all business people attending the Saba Saba Trade Fair in Dar es Salaam without notification. |
|
|
Resolution status note:
|
Tanzania reported that there is no VISA between Tanzania and Zambia. US$ 100 is not VISA but rather a Temporary Assignment Pass for any gainful activity which is undertaken for less than 3 months which is being paid at the entry and exit points respectively. Notification is communicated during the preparations of the trade fairs. |
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