| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-818 |
3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage |
2018-05-17 |
Botswana: Ministry of Transport |
South Africa |
In process |
View |
|
Complaint:
|
Failure to implement Article 5.8 (6.2 Road Traffic Policy) leading to variable treatment of the transport of High Cube containers with height exceeding 4.3 metres.
The transport of High Cube Containers, on “standard” deck height (1.5 metres) vehicles and trailers results in overall height of approximately 4.5 metres.
Botswana: Imposes requirement for abnormal load permits for each load.
South Africa threatens to repeal moratorium on prosecution from 1 Jan 2019
Other countries ignoring “illegal” height, but “illegality” leaves insurance threats to operators.
Zambia (4.8), Zimbabwe 4.65), Malawi (4.6); Tanzania (4.6) have increased legal height to at least 4.6 metres.
Uncertainty in region is causing growing concerns regarding viability of international transport routes amid fears of further enforcement costs and barriers. |
|
|
Progress:
|
The Meeting of NTB-Market Access Task Force 18-20 March 2020 in Gaborone reported that MCBRTA standards agreed at the TSMCI of 31 October 2029 maximum vehicle height of 4.6m which will resolve this NTBs if South Africa complies with this standard. |
|
|
NTB-000-823 |
2.6. Additional taxes and other charges |
2018-06-01 |
Botswana: BURS |
South Africa |
In process |
View |
|
Complaint:
|
Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34 |
|
|
NTB-000-830 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2018-07-16 |
Botswana: Martins Drift |
Zambia |
In process |
View |
|
Complaint:
|
A Zambian Registered Tanker carrying sulphuric acid from South Africa was weighed at the Martins Drift weighbridge with the following axle masses: Steer axle - 5200 kg (legal limit 8000 kg); Drive axles - 18200 kg (legal limit 18000 kg); Trailing axles - 22800 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 900 kg on the driving axle set. The weigh bridge official instructed the Driver to Park telling him that his driving axle was overloaded without the application of the 5% tolerance. It is observed that only at this weigh bridge there is no application of the 5% tolerance. In the spirit of harmonization South Africa, Zambia and Botswana the legal limits are the same with a 5% tolerance except at Martins Drift weighbridge. Kindly assist to resolve this issue at Martins Drift which is causing unnecessary loss of transit time and charges. Please note that this is not a one off incidence. |
|
|
Progress:
|
1. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that SADC has set up a Task Force to look into this matter among other NTBs.
2. On 22nd June 2020, Botswana Focal Point reported that they have contacted the relevant institution and they stated that they are still investigating on the matter and will give their feedback sometime during week 30 June - 4 July 2020 |
|
|
NTB-001-103 |
2.13. Issues related to Pre-Shipment Inspections |
2019-02-01 |
Botswana: Pioneer Gate |
South Africa |
New |
View |
|
Complaint:
|
Since 2019, goods exported from S. Africa to Botswana require additional certification from a Certified Accreditation Body ( see attached ) This is now over and above documentation from an ILAC accredited test house that has always been acceptable in the past.
This is an additional cost that must be passed on the consumers ( inflationary aspect )
Measures such as this are puzzling as they are not in the spirit of the African Continent Free Trade Agreement and actually restrict the free flow of goods
It is a questionable move as with Botswana being a member of SACU, the country relies on S. Africa to disburse shares of import duties collected at S. African ports |
|
|
NTB-000-906 |
2.13. Issues related to Pre-Shipment Inspections |
2019-04-05 |
Uganda: Uganda Weight and Measures Authority |
Tanzania |
In process |
View |
|
Complaint:
|
Uganda does not recognize the Calibration Certificate issued by the Weight and Measures Agent (WMA) for oil tank from URT: Republic of Uganda does not accept the Calibration Certificate of tanks from URT. As a result, our traders are forced to undergo recalibration by Ugandan counterpart Authority (Uganda Bureau of Standards) at a charge odd USD 230. This increases the cost of doing business. The trader paid Uganda shillings 2,655,600. It was stated that the certificate from URT is valid for the period of one year. |
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|
Progress:
|
1. During the Sectoral Committee on Trade Uganda reported that it will consult and report back during SCTIFI of May 2019.
2.During the Regional Monitoring Committee held on 15th October, 2019, Uganda reported that the NTB was discussed in the EAC Standards Committee and it was recommended that a technical committee should be established to harmonise the the calibration procedures for the tankers and also the fees payable to the service provided. Uganda will report on the progress during the next Regional Monitoring Committee Meeting. Nevertheless, Tanzania is concerned about the charge and requested Uganda to consider and waive it.
3. As per Regional Committee Meeting held on 15th October, 2019, it was agreed that Uganda would provide progress made during SCTIFI meeting to be held in November, 2019, In addition Tanzania requests Uganda to recognize calibration certificate issued by Weights and Measures (WMA) as per SQMT Act, 2006. And also to consider and waive charges / fees.
4. During the RMC meeting held on 10 August 2020, Uganda reported that the law in Uganda requires a verification in Uganda. There is no EAC harmonized regulation in that area and unfortunately, UNBS registers over 95% failure rate on verification of such tankers.This matter was already raised at EAMET and resolved to constitute a technical team from all the member states to review procedures in place. This was not done and URT did not participate in subsequent meetings where action was to be determined. The fees rules provide the scheme for applicable fees. Regarding the payment of the trader paid Uganda shillings 2,655,600, there may be need to substantiate and investigate.
5.The SCTIFI meeting held in September 2020 agreed that the concerned calibration institutions undertake a peer assessment to establish discrepancies and report to the Secretariat by February, 2021.
6.The 24th EAMET meeting held from 29th to 30th September 2020 reported that Peer Review of Road Tanker Calibration/Verification and Visits to the Partner States not yet undertaken due to lack of funds to undertake the activity. EAMET rescheduled the activity for January 2021 and recommended EASC to request the EAC secretariat to mobilize funds for a committee of experts to undertake the activity.b The 23rd EASC Meeting held from 7th to 8th October 2020 directed EAC Secretariat to:
-lobby for funds in collaboration with the Partner States towards the implementation of the EAMET work plan especially training on calibration/verification of tankers and peer assessment considering related NTBs; and
-fully engage weight and measure the institution of the United Republic of Tanzania to participate in EASC activities.
7. The Tanzania NMC meeting that was held in April 2021 noted that this NTB has been outstanding for a long time because the two Partner States are yet to meet and recommended that the EAC Secretariat coordinates the two Partner States to meet and undertake a peer assessment.
8.The RMC meeting held in May 2021 noted that the issues were discussed by the metrology Subcommittee (EAMET) and the 23rd EASC Directed the EAC Secretariat to engage Weights and Measure Tanzania on their participation in the subcommittee activities and coordinate the peer assessment to resolve the differences.
EAC Secretariat on 31st March 2021, held a meeting with Weights and Measures Tanzania on the participation in EAC Metrology activities. Peer assessment planned and to be undertaken by 30th June, 2021.
9.The Secretariat has convened peer assessment meetings scheduled as follows:
(i) 26th to 29th October 2021: peer assessment in Tanzania.
(ii) 3rd-6th Nov 2021: peer assessment in Uganda
10. On 14 June 2022, the EAC Secretariat reported that:
Peer assessment was conducted in October and November agreed to harmonize the calibration certificates. The NTB will be addressed when the two Partner States harmonize and implement the harmonized administrative procedures on road tankers as recommended by the EAMET Report of April 2022.
11.As recommended by the EAMET Report of April 2022. The meeting urged the Republic of Uganda to consider mutual recognition of the calibration certificate as the two Partner States await the harmonization. At the Trade Committee, the meeting was informed that Peer assessment was done, gaps identified and action plan for implementation agreed and approved by Standards Committee The meeting urged the EACS to Fast track the harmonization of administrative procedures to resolve the matter. During the 41st SCTIFI the Secretariat informed the meeting that it had convened a meeting in February 2023 to harmonize calibration procedures for road tankers.
12. The 34th RMC noted that another meeting had been convened to take place in Dar Es Salaam in June 2023 |
|
|
NTB-000-936 |
2.6. Additional taxes and other charges |
2019-11-19 |
Zambia: Chirundu |
Zimbabwe |
In process |
View |
|
Complaint:
|
Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market |
|
|
Progress:
|
1. On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .
2.During the Zambia NMC verification mission to Chirundu held on 11-12 June 2020, ZRA advised that the surtax is Customs Valuation matter and hence a tariff matter and not an NTB. With regard to the problem of customs the uplifting values for duty purposes and disregarding the invoice value , the client is advised to appeal to department of International and Policy to have the valuation matter reviewed and possibly resolved
3. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021 Zambia reported that the NTB is a tax policy issue and internal consultations with relevant authorities were in progress and they will provide feed back by July 2021.
4. In September 2022, Zambia Focal Point reported that Surtax on imported tiles was a tax policy issue that was presented to the Ministry of Finance for resolution. On the issue of uplifts on the declared values of the imported tiles, the Zambian law provides a channel for aggrieved clients to appeal.
5. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries to hold a bilateral meeting to consider the matter by 31st October 2023. |
|
|
Products:
|
6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like. |
|
|
NTB-000-938 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2020-02-08 |
South Africa: Beit Bridge |
Zimbabwe |
In process |
View |
|
Complaint:
|
Arenel (Pvt) Ltd was incorporated in the Republic of Zimbabwe in 1961. Arenel is manufacturer, seller and distributor of food and beverages with renowned brands in Biscuits and Sweets both locally, SADC Region and beyond. On Saturday, the 8th of February, 2020, our truck was subjected to inspection by Port Health, South Africa. The inspectorate then detained the truck on the premise that the labeling of our products was not complying to regulation No. R146 of 2010. The truck is still detained. |
|
|
Progress:
|
1. On 11 February 2020, ( 12:13hrs) South Africa Focal point advised that they were undertaking consultations with relevant authorities and will report back as soon as possible .
2. On 12 February 2020, the exporter advised that the truck had been released on condition that Port Health officials will collect samples for laboratory testing. However, when the truck arrives in South Africa, the company cannot distribute the consignment until samples are collected by the nearest Port Health Officials for lab tests. |
|
|
Products:
|
1905.31: Sweet biscuits |
|
|
NTB-000-953 |
7.4. Costly procedures |
2020-04-11 |
|
Namibia |
In process |
View |
|
Complaint:
|
At Katima Mulilo border post between the Republic of Namibia and the Republic of Zambia, Zambian Authorities/ Command centres, specifically the Zambia Police Service and the Ministry of Health Officials stationed at Katima Mulilo border post from the Provincial Administration in Western Province tasked to screen truck drivers at the border post, are charging Namibian transporters and truck drivers to meet logistical costs of escorting their respective quarantined truck drivers to Kazungula, Livingstone, Lusaka and Kasumbalesa transits especially perishables and other essential commodities such as medicines, clearly at variance with World Customs Organisation (WCO) and World Trade Organisation (WTO) Protocols on Trade, destined for the Republic of Zambia and the Democratic Republic of Congo via the Walvis Bay - Ndola - Lubumbashi Development Corridor (Namibia, Zambia, DRC). In the Republic of Zambia and other SADC Member states, and in line with World Health Organisation (WHO) Public Health Protocols, screening, testing and quarantining of truck drivers for covid - 19 are State operations and are at variance with the agreed SADC Guidelines on Harmonisation and Facilitation of Cross Border Transport Operations during the covid - 19 outbreak. This is an added cost of doing business, unnecessary cross border delays without prior notification to transporters and a Non - Tariff Barrier to Trade.
This is unprecedented, Namibian transporters are being charged as much as K800 for each Police Officer for at least 3 days and each convoy of trucks has at least 3 Police officers. The cost is meant to cover lodging and subsistence allowance for the officers.
This is an encumbrance to trade, against the SADC Guidelines on movement of goods and services in the region amid covid - 19 and adds to the cost of doing business, against WCO, WTO, and WHO best practices on global trade facilitation and Public Health. |
|
|
NTB-000-957 |
5.8. Embargoes |
2020-05-13 |
Kenya: Mombasa sea port |
South Africa |
New |
View |
|
Complaint:
|
Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.
With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.
The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.
I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?
Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.
I also would like to bring to your attention the following implication for South African wine exported to Kenya.
1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products
I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
|
|
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Products:
|
2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09. |
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|
NTB-000-959 |
7.4. Costly procedures |
2020-05-18 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
In process |
View |
|
Complaint:
|
Introduction of escort fees.
An escort fee at Zobue to escort Illovo Sugar (Malawi) trucks to Beira. It is US$ 200 per batch of 3 vehicles. If there is a single vehicle/truck that must get to the port the fee is still $ 200.
And there is also a scanning charge of US $ 20 per vehicle. |
|
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Progress:
|
On 28 September 2022 , Mozambique Focal Point reported that , in light of Decree 26/2010, of July 14, it is foreseen to charge road fees for passenger and cargo vehicles with foreign registration plates that cross the border of Zóbwé, Cassacatiza, Calómué, Mandimba, Milange, Namaacha, Goba and Changara District. |
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NTB-000-970 |
2.4. Import licensing |
2020-07-01 |
Zambia: Ministry of Agriculture |
Egypt |
In process |
View |
|
Complaint:
|
We want to import 100% Egyptian Made wheat flour in Zambia, but we are not given permission to import. We have placed several requested to allow us to import, but there are no responses to our application and no reply to our emails. Kindly please Help us. I need a confirmed and authorized approval from Zambian authority to allow us to import wheat flour. Some people say just bring it and have the correct comesa certificate of origin and submit at the time of customs clearance, but thats a gamble, our goods worth more than 200000$ we cannot take risk. I want to import only after having a clear official approval. |
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Progress:
|
1. On 25 March 2021, Zambia Focal Point reported that this issue is currently being resolved. Dialogue with relevant stakeholders to resolve via import parity is underway.
2. On 30 July 2021, Zambia Focal Point reported that the exporter was advised to visit the Zambia Trade Information Portal for details on the export of wheat to Zambia using the following link:
https://www.zambiatradeportal.gov.zm/index.php?r=tradeInfo/view&id=7439 .Further information from can also be obtained from the Director, Agribusiness and Marketing department on +0211 250417. The email address is as follows: yoanness18@yahoo.co.uk or peter.zulu2@gmail.com.
2. On 6 September 2023, Egypt Focal Point reported that they tried to communicate with the contacts provided by Zambia focal point, and as per the feedback of the concerned exporter. However, " NO emails are responded to. The Ministry of Agriculture, say it's not allowed to import wheat flour."
3. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries should conduct a bilateral meeting to review the matter by 30th November. Consultations between the Focal Points and NMC to continue using the online system and that Zambia to provide feedback regarding the ban of wheat imports in the online . |
|
|
NTB-000-977 |
2.3. Issues related to the rules of origin |
2020-08-10 |
Ethiopia: |
South Africa |
New |
View |
|
Complaint:
|
Requirement to submit Certificate of Free sale for Grain products such as cereals, baked goods etc |
|
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NTB-000-982 |
1.4. Preference given to domestic bidders/suppliers |
2020-08-24 |
Botswana: Ministry of Trade and Industry |
Zimbabwe |
In process |
View |
|
Complaint:
|
On 24 August 2020, Botswana’s Ministry of Investment, Trade and Industry released a statement that the country would be restricting the importation of baked goods. This will affect products such as pastries, cookies, muffins and other products derived from some form of grain.
The statement was supported by S.I 102 of 2020. The Botswana’s Ministry of Investment, Trade and Industry highlighted that the move is meant to protect the domestic producers. |
|
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NTB-000-987 |
8.7. Costly Road user charges /fees |
2020-09-26 |
Zambia: Kazungula Ferry |
Botswana |
In process |
View |
|
Complaint:
|
Zambia Road Transport and Safety Agency (RTSA)charges Botswana trucks 541 US Dollars per each entry into Zambia, while other SADC Countries are charged per distance. South Africa trucks are charged 110 US Dollars from Kazungula Ferry to Lusaka, Namibia trucks are charged a fixed 209 US Dollars per truck anywhere into Zambia. Zimbabwe and Tanzania pay a the same as South Africa.
Botswana trucks again have to pay RTSA K469 for identity cards per unit which becomes costly for Botswana truckers while other SADC Countries do not pay for identity cards. As Esmail Carriers (PTY) LTD we have 12 trucks that are crossing into Zambia and this has been going on for over 8 years. Per trip we spend more than P6765 per truck and per month the cumulative costs amount to more than P80 000.00 (RTSA charges). For identity cards is about P12 600.00 per month. Furthermore, Zambia has introduced new inland road tolls which we are paying in addition to existing charges.
This has become detrimental to our business as we lose more revenue on a daily basis. We currently request the Zambia government, Botswana government and SADC Secretariat to resolve this issue. |
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Progress:
|
On 8th December 2020, Zambia Focal point reported that they were making follow up with the Road Transport and Safety Agency ( RTSA) and provide feedback as soon as possible. |
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NTB-000-985 |
1.8. Import bans |
2020-10-12 |
South Africa: Grobler's Bridge |
Zambia |
New |
View |
|
Complaint:
|
Certified organic honey that is American Foulbrood Disease (AFB)free, complete with Certificate of Analysis from accredited lab Intertek in Germany (accredited by the German National Accreditation body DAkkS - national accreditation body for the Federal Republic of Germany) they are also ISO/IEC 17025 certified and they do engage in proficiency testing) has been banned from entering SA unless irradiated.
2015 bilateral agreement allowed Zambian honey into SA without irradiating due to there being no AFB in Zambia.
SA claims that their ARC lab has tested samples from Forest Fruits and others and found them to be positive for AFB. The ARC lab has always produced inconsistent results and they cannot replicate the results. Sometimes positive and after a retest it is negative. ARC lab is not even SANAS accredited, has no ISO certification and does not engage in proficiency testing for AFB tests. On 23 October 2020 at a round table meeting of SA honey importers and various DAFF departments - meeting called by DAFF NPPO, it was clearly stated and admitted that ARC has performance "gaps".
DAFF scientists have to make decisions based on faulty science and results. The Intertek results consistently come back as negative for AFB disease. The result is in Non Compliance notices being sent to Zambia for samples that get retested and are negative!
As recent as last year, Zambia Veterinary Services did a national survey and found no AFB disease in Zambia.
SA DAFF NPPO is creating haphazard barriers to Zambian honey.
All Zambian exports are now affected.
Since 2015 a considerable amount of business with South African companies has developed in Zambia exporting honey to them. This ban affects the livelihoods of over 140,000 subsistence villagers. |
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NTB-001-001 |
1.14. Lack of coordination between government institutions |
2021-01-19 |
Namibia: NRST
Head Office / Innovation Hub
Cnr, Louis Raymond & Grant Webster Street
Private Bag 13253
Windhoek
Tel: +264 61 431 7000/99
Fax: + 264 61 216 531/+ 264 61 235 758
Email: info@ncrst.na |
South Africa |
New |
View |
|
Complaint:
|
1. GMO thresholds - Namibia is 1% and South Africa is 5%
2. The above then has implications on what should be labeled.
3. The prescribed GMO wording is also different
4. Namibia also requests additional information from the rights owner (GMO Tech developers), which users do not have in South Africa.
All of this adds up to South African manufacturers/exporters being unable to meet the application requirements, thereby not obtaining the required import permits.
CGCSA members revised applications 3 times, but were still unable to complete the applications to the specifications expected.
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Progress:
|
1. On 12 October 2021 , Namibia Focal Point reported that they will consult the relevant authorities and submit feedback as soon as possible.
2. On 31 March 2022,Namibia Focal Point updated as follows:
Namibian GMO labeling regulations (0.9%) – Vs 5% for South Africa. The Namibian Biosafety regulations (No 6116), 2016 Biosafety Act No. 7 of 2006, were developed nationally through a consultative process, taking into account trading partners with different labeling requirements. As per the Biosafety regulation (17) (c), 2016, exemptions to genetically modified food or feed labeling requirements:
“any processed food or feed including one or more substances produced through genetic modification, subject thereto that the genetically modified food or feed in the aggregate does not account for more than 0.9 percent of the processed food or feed or such other percentage or quantity as the Council may from time to time determine”;
This part of the regulations ‘labeling requirements’ will remain in place until such a time the regulation is amended |
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NTB-001-003 |
8.1. Government Policy and regulations |
2021-01-26 |
Zambia: Zambia Revenue Authority |
|
In process |
View |
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Complaint:
|
Government of Zambia issues Statutory Instrument 115 of 2020 , The Customs and Excise Ports of Entry and Routes Amendment Order, 2020, 9A(1) Reads , goods exported through Victoria Falls port in accordance with this paragraph shall be transported by rail, this Order automatically is a ban to export goods to Zimbabwe as the whole process to export using rail is a burdensome to trade by small scale players. Most goods are bought in Kamwala area shops and some being bought in the industrial areas which small players can easily transport using their vehicles or hired vehicles as they combine wares. Introduction for use of Rail is a clear indication by the Government of Zambia to ban export of certain commodities to Zimbabwe as market access will be a challenge to those living within Victoria Falls and the whole part of matebelalend as they are forced to use Chirundu exit .
Trucks can reach Victoria Falls within a day which is different from train, trucks you can accompany your goods different from train, trucks you can be cleared in time whereas using train everything is dumped at one place. this will open other avenues of bush borders or direct smuggling at the borders as officials will not be clearing goods in trucks |
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Progress:
|
On 6 May 2021, Zambia Focal Point reported that :
SI 115 is meant:
1. To control which goods can be imported and exported on the basis of station competences regarding, infrastructure, man power competencies and presence of other regulatory Agencies
2. Victoria falls is a national heritage and tourism site which is meant to be preserved as such by SI 115 by preventing huge truck spending hours there thus affecting the eco system of this site.
3. During the COMESA NMC Capacity building workshop held in Kiglai, Zambia Focal Point reported that the SI had never been implemented because Zimbabwe did not enact a similar SI. The two countries Focal Points were to convene bilateral meeting to consider resolution of the NTB. |
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Products:
|
0401: Milk and cream, not concentrated nor containing added sugar or other sweetening matter., 1905: Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products. and 34: CHAPTER 34 - SOAP, ORGANIC SURFACE-ACTIVE AGENTS, WASHING PREPARATIONS, LUBRICATING PREPARATIONS, ARTIFICIAL WAXES, PREPARED WAXES, POLISHING OR SCOURING PREPARATIONS, CANDLES AND SIMILAR ARTICLES, MODELLING PASTES, ‘DENTAL WAXES’ AND DENTAL PREPARATIONS |
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NTB-001-014 |
1.6. Domestic assistance programmes for companies
Policy/Regulatory |
2021-03-17 |
South Africa: Rhodes Quality, Cape Town |
Botswana |
New |
View |
|
Complaint:
|
We are a freight logistics company based in Gaborone, Botswana(100% citizen). During registration on supplies portals in South Africa they require us (Foreign freight logistics companies without branches in South Africa ) to be BBBEE compliant despite we providing them with all company documents verifying that we are foreign based with Head Offices out of South Africa borders. Because of the nature of our business which compels us to conduct cross border transportation, South African supplies would immediately inform us we can't do business with them on the basis of non - compliant on BBBEE requirements. Arrangement in place promotes South African transporters to do cross border and prohibits foreign transporters to haul commodities back to country of operation. Please note we are not issued with any documents as a dispensation on our Head offices out of South African borders.
Kindly assist in the best possible way. |
|
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NTB-001-022 |
5.5. Import licensing requirements |
2021-04-06 |
Zimbabwe: Ministry of Industry and Commerce |
Zambia |
In process |
View |
|
Complaint:
|
An exporter in Zambia has been facing challenges obtaining import permits from the Ministry of Industry and Commerce in Zimbabwe as they are often told that they're non available. Alternatively, some officer from the above mentioned ministry informally tell them that they can use an already existing import permit for a Zimbabwean company but have to pay a price above than they would have obtained the permit from the ministry. |
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Progress:
|
1. In October 2021 , the Zimbabwe Focal Point reported that Ministry of Industry and Commerce does not issue imports permits for a company not registered in Zimbabwe. They shared the E-licencing - updated flyer from the Ministry of Industry and Commerce giving information and link for Zimbabwean importers wishing to apply for import licences. He also advised Zambia Focal Point to advise Zambian importers to use proper procedures when applying for import permit.
2. During the COMESA workshop on Capacity building for Member States held from 3- 6 April 2023, Zimbabwe Focal Point reported that the import licences were no longer required. The Focal point promised to provide to the COMESA Secretariat the Statutory instrument lifting the requirement. Zimbabwe is yet provide the statutory instrument
3. During the 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023, Zimbabwe reported that requirement for import license on sweets is waived under SI 237 of 2018 and this part of NTB is resolved . Zimbabwe will undertake internal consultations and provide feedback on the status of import license requirement for biscuits by 15th October 2023. |
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Products:
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1905.31: Sweet biscuits |
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NTB-001-031 |
2.6. Additional taxes and other charges |
2021-06-30 |
Kenya: Kenya Revenue Authority |
Egypt |
In process |
View |
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Complaint:
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The Kenyan Government, through the Finance Act 2021, introduced a new Excise Duty on imported pasta of tariff 1902 whether cooked or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared, at
the rate of 20%. This Excise Duty is to be levied at the point of importation and is effective from 1st July 2021.
• Excise Duty is a tax imposed on goods and services manufactured in Kenya or imported into Kenya and specified in the first schedule of the Excise Duty Act (2015). This is usually considered on luxury products such as Alcohol, Fuel, Chocolates, Airtime, etc…
• Excise Duty is different from Customs Duty (imposition of tax on imports to protect local industries) Imposition of this new Excise Duty came as a surprise to us since it was not part of the Finance Bill 2021 that had been tabled before the Kenyan Parliament and was only introduced as a new amendment to the Bill on 24 June 2021 at the second reading stage, in Parliament.
• The Kenyan Constitution as well as the Public Finance Management Act requires that the Kenyan Government to call for public participation on the Finance Bill before amendment of tax laws through the enactment of the Finance Act. Unfortunately, this was not done in this case since the amendment introducing the Excise Duty was done way after public participation on the Bill had taken place. |
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Progress:
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1. On 8th August 2023, Kenya Focal Point reported that the finance bill of 2023 undergone through the public participation and through the Parliament and that Excise duty on Pasta is not discriminatory as per section 43 (iv) that underwent through parliament process and public participation process.
2. During the 3rd Meeting of the NTBs Forum, Egypt reported that the excise duty on pasta , although it was not applied indiscriminately, affected trade as the rate was very high . The meeting therefore agreed that the NTB be reinstated . Kenya responded that duty on pasta is not discriminatory therefore resolved in the system . Kenya to submit proof that excise duty is imposed on both locally and imported goods. It was agreed that Kenya to arrange bilateral meeting with Egypt to address the issues raised by Egypt. |
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