Non-Tariff Barriers

Complaint

Complaint number

NTB-000-745  

NTB Type

6.1. Prior import deposits and subsidies  

Complaint

“SARS received an escalation in January 2017 from Deloitte, regarding a complaint by fuel exporters from South Africa. The complaint is regarding Zambia Revenue Authority (ZRA) Circular No. 9 of December 2016, notifying its officers “that all fuel imported from South Africa under preferential arrangements should be subjected to payments of a monetary deposit equivalent to the full customs duty payable.

The modalities of collection of the said deposit will be temporarily suspending both SSA and SDC preferential rates against goods of HS 2710.12.10 and 2710.19.10 until the Origin verification process is finalised”.

SARs is of the view that the collection of the monetary deposits on fuel imported from South Africa is against the spirit of the SADC Protocol on Trade and the WTO, as this treatment applies only to oil imported from South Africa. It pre-supposes that the ZRA is nullifying the SADC Protocol on Trade relating to those specific products without following the proper procedures regarding derogation on infant industries.

SARs has tried several times to get answers from Zambia Revenue Authority (ZRA) to explain their reasoning behind the circular and so far, they have not provided any correspondence to this matter.  

Progress update note

1. On 25th January 2018, Zambia Focal Point reported that the deposit was a temporal measure pending origin inquiry. The inquiry has reached advanced stage and will soon be concluded and stakeholders will be fully advised on the way forward. This is consistent with the provisions of the protocol on trade which allow for collection of such deposits where necessary, while origin verification is underway.

2. During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017, Zambia reported that consultations will be undertaken with relevant authorities and report back.
3. During the 2nd Meeting of the COMESA NTBs Forum, Zambia reported that the 33rd Meeting of Ministers of trade held in Malawi from 4th to 9th July 2022 resolved that Zambia submit correspondence to RSA on readiness to grant preferential treatment for petroleum products from NATREF (Sasol, Total, Puma). Zambia has complied with the directive, hence no deposits on imports of petroleum products from RSA under preferential treatment is being collected  

Policy or regulatory NTB

No 

Location

Zambia: Kazungula Ferry (Border post)  

Reporting Country or Region

South Africa  

Country specific trade issue

No  

Date of incident

2017-01-19  

Status

In process  

Product Description

Oil, Fuel

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2017-04-03 11:33  

Modified

2017-06-15 16:26