| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-028 |
2.3. Issues related to the rules of origin |
2021-09-07 |
South Africa: SARS |
Mauritius |
In process |
View |
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Complaint:
|
On 6 September 2021, the SADC Business Council convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges in the application for SADC for export to South Africa. Mauritian exporters need to make a fresh application to customs each and every time they export to South Africa even if the manufacturing process remains the same and same materials are used. They need to resubmit all documents (raw material import documents, BOE, Stock movement statement etc) at each shipment. This is time consuming and complicates export procedures. It also put exporters at risk if they don’t get the certificate or it is delayed and the goods have already been produced.
Mauritian exporters request the region's policy makers to develop a longer certificate of origin that can be used repeatedly for similar shipments. And may be a yearly review/assessment by Customs for renewal |
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Progress:
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1. On 11 October 2021, Mauritius reported that:
The processing and submission of preferential certificates of origin are effected electronically and are issued on a consignment basis in compliance with SADC Protocol on Trade and Section 14(4) of the SADC Rules of Origin Regulations. Our national legislation is in line with the former. The proposal to develop a longer certificate of origin that can be used repeatedly for similar shipments should be addressed to the proper organ of SADC
2. On 20 October 2021, South Africa Focal Point provided following feedback from SARs:
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
3. On 12 May 2022, South Africa Focal Point recommended that the NTB be considered resolved on the basis of above .
4.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. |
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NTB-001-029 |
2.3. Issues related to the rules of origin |
2021-09-07 |
South Africa: South Africa Revenue Services ( SARS) |
Mauritius |
In process |
View |
|
Complaint:
|
On 6 September 2021, the SADC Business Council convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges in the application for SADC for export to South Africa. Mauritian exporters need to make a fresh application to customs each and every time they export to South Africa even if the manufacturing process remains the same and same materials are used. They need to resubmit all documents (raw material import documents, BOE, Stock movement statement etc) at each shipment. This is time consuming and complicates export procedures. It also put exporters at risk if they don’t get the certificate or it is delayed and the goods have already been produced.
Mauritian exporters request the region's policy makers to develop a longer certificate of origin that can be used repeatedly for similar shipments. And may be a yearly review/assessment by Customs for renewal |
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|
Progress:
|
1. On 12 May 2022, South Africa Focal Point provided the response by SARS below and recommended that the NTB be resolved on that basis:
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
Therefore, this matter should be marked as resolved
2.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. |
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NTB-001-026 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2021-08-18 |
Zimbabwe: Beitbridge |
South Africa |
New |
View |
|
Complaint:
|
There has been noticeable decrease in the volume of traffic crossing the Beitbridge border on the Zimbabwean side of the border for a few months now. On a normal working day +/- 1 500 trucks can cross the North South Corridor Border. The crossing entails Customs releases with the verification of other Government agencies to test and verify safety and security of the goods (Consignment).
However, in the last few months, the number has reduced to a maximum of +/- 400 trucks crossing the North South corridor. The drop in the movement of cargo is a combination of many factors and cannot be blamed solely on the hard infrastructure layout. An alignment with clear roles, responsibility, risk management profile , screening and removing of old outdated manual processes is required.
The challenge emanates from lack of harmonisation by enforcement Government agencies operating at the border which creates a huge bottleneck with minimal peace of mind, i.e SAPS on the South African side, Zimbabwe with its multiple Other Government Agencies involvement and linkage to a Private security company controlling the flow of cargo movement.
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NTB-001-030 |
2.3. Issues related to the rules of origin |
2021-08-17 |
South Africa: SARS Customs |
Mauritius |
In process |
View |
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Complaint:
|
On 6 September 2021, the SADC Business Council (SADC BC) convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges with variances in alignment of HS codes between Mauritius and South Africa(RSA).
1. …For exports from Mauritius to RSA, where a SADC is applicable, an exporter can insert 10 HS CODES on one SADC certificate. This is because the SADC certificate has now become electronic while before it was manual.
2. When it was manual, if someone had a nice handwriting, the person could insert more than 10 HS CODES as long as it legible.
3. When importing from RSA, Mauritian importers receive SADC certificates with 1 HS CODE only. Meaning RSA issues SADC certificates with ONE Line HS code only.
4. Thus if a Mauritian exporter is sending 10 different items to RSA and SADC is applicable, only one SADC certificate will be issued by Mauritian Revenue Authourity CUSTOMS.
5. On the other hand, if a SOUTH AFRICAN exporter sends only 3 different items to Mauritius, and of course SADC is applicable, SARS will issue THREE sadc certificates.
6. IMPORTANT TO NOTE THAT: SADC certificates are payable at both ends. Meaning a local broker will charge an exporter when issuing a SADC certificate and SARS will charge a SOUTH AFRICAN exporter when issuing on their side.
If a Mauritian exporter has 18 ITEMS to be exported out of Mauritius and a SADC certificate is applicable, he/she will have to have TWO SADC certificates only WHILE on the other hand, if a Mauritian imports 18 ITEMS from RSA, he/she will have 18 SADC certificates with each certificate obtained at a cost which represents a huge amount for the one who pays for these certificates. |
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Progress:
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1. On 11 October 2021, Mauritius Focal Point reported that: HS Codes are harmonized at 6 digit level internationally. However, at national level, as from 7th digit onwards, each Customs administration under the SADC are using their nationally-defined HS Codes. With respect to paragraph 6, it is to be noted that the SADC Certificate of Origin are processed electronically for multiple items (up to 10 items per certificate) and are issued by the MRA Customs Department in hard copy, free of charge.
2. On 12 May 2022, South Africa Focal Point provided following feedback from SARS and recommended that the NTB be resolved on those basis :
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
Therefore, this matter should be marked as resolved
3.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. |
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NTB-001-023 |
8.1. Government Policy and regulations |
2021-07-26 |
Democratic Republic of the Congo: The DRC government. Ministry of Transport |
South Africa |
New |
View |
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Complaint:
|
The DRC has just published legislation prohibiting foreign vehicles from loading mining products and to remove (export) them from the DRC. The unofficial translation of the new DRC amendment:Article 4-It is strictly forbidden for any vehicle not registered in the Democratic Republic of Congo to load goods, in this case mining products from the national territory; In the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk.
According to an unofficial translation of article four of the amendment affecting the DRC's road freight sector, "it is strictly forbidden for any vehicle not registered in the DRC to load goods, in this case mining products, from the national territory”.
The article continues, saying "in the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk”. The decision is expected to have a wide-ranging impact on exports out of the DRC's Copperbelt region, with some transporters going so far as to say that it's wholly impractical and a protectionist strategy that is bound to boomerang against the government in Kinshasa. |
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NTB-001-129 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenyan Government |
Egypt |
In process |
View |
|
Complaint:
|
Complain from Eagle Chemicals - Egypt
Subject: Excise duty on imports cancelling the effect of COMESA agreement
TARRIFF BARRIERS UNDER COMESA AGREEMENT (EXCISE DUTY TAX IN KENYA AS A BARRIER)
COMESA AGREEMENT:
Republic of Kenya and Egypt are signatories to COMESA AGREEMENT on removal of tariff (tax) barriers towards FREE TRADE between themselves and among the signatory member countries.
Since the establishment the COMESA AGREEMENT several years ago, the Republic of Kenya and Egypt have enjoyed this free trade environment and trade between the two countries has grown by leaps and bounds (UNTIL JULY 2021)
KENYA----FINANCE ACT 2021----IMPOSITION 10% EXCISE DUTY TAX (TARRIFF BARRIER)
In July 2021 and for the first time ever since signing of COMESA AGREEMENT, the Kenya Government imposed unilaterally and without consultation with COMESA Secretariat or with the Republic of Egypt a 10% Excise Duty (tariff Barrier) on Resins manufactured and exported from Egypt and / imported into Kenya.
This was an act in bad faith noting the mutual relationship between Egypt and Kenya under COMESA AGREEMENT
KENYA---FINANCE ACT 2023----IMPOSITION OF AN ADDITIONAL 10% EXCISE DUTY TAX ON RESINS (TARRIFF BARRIER).
In July 2023, the Kenya Government introduced an additional 10% Excise Duty Tax on resins imported from Egypt bringing total Excise Duty Tax to 20% and this again without consultation with COMESA Secretariat and neither / nor a humble advance notification to Republic of Egypt as a sign of good faith under the mutual COMESA AGREEMENT
KENYA---THE 20% EXCISE DUTY TAX ON RESINS--- PURPORTED PURPOSE
This tax is applying only on all imported resins (from COMESA and from Non-COMESA countries) BUT is not applied on locally manufactured resins.
Consequently, and from a COMESA perspective, this Excise Duty Tax is an IMPORT DUTY TAX camouflaged as a local excise duty tax hidden behind the purported protection of one local commercial resin manufacturer (SYNRESINS) whose capacity is below 15% of Kenya market resin usage / requirement.
AGGRAVATED BAD FAITH AGAINST MUTUAL TRADE AGREEMENT UNDER COMESA.
The above developments are acts in bad Faith by Kenya Government against a friendly free trade partner (Egypt) under the COMESA AGREEMENT.
Please note no other country / signatory to the COMESA AGREEMENT has imposed an excise duty tax on resins from Egypt.
IMPORT DUTY TAX ON RESINS ARE AND REMAIN AT NIL IMPORT DUTY TARRIFF TODATE UNDER COMESA AGREEMENT ON TARRIF BARRIERS TOWARDS FREE TRADE.
Please note IMPORT DUTY TAX on resins from Egypt to Kenya remain at NIL % import duty and is at NIL on imports by other COMESA countries.
Import duty on resins into Kenya from NON-COMESA COUNTRIES is and has always been at 10% since inception of COMESA AGREEMENT
REQUEST
Republic of Egypt has obligation to protect their manufacturers of resins who export to Kenya under COMESA AGREEMENT against such unjustified TARRIFF TAX BARRIERS imposed by Republic of Kenya by requesting their removal for benefit of mutual trade growth both ways.
(Refer Attachments)
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Progress:
|
1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023 |
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Products:
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3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid") |
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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:
|
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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NTB-001-022 |
5.5. Import licensing requirements |
2021-04-06 |
Zimbabwe: Ministry of Industry and Commerce |
Zambia |
In process |
View |
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Complaint:
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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:
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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-001-014 |
1.6. Domestic assistance programmes for companies
Policy/Regulatory |
2021-03-17 |
South Africa: Rhodes Quality, Cape Town |
Botswana |
New |
View |
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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-001-003 |
8.1. Government Policy and regulations |
2021-01-26 |
Zambia: Zambia Revenue Authority |
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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:
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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-001-001 |
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 |
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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:
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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-000-985 |
1.8. Import bans |
2020-10-12 |
South Africa: Grobler's Bridge |
Zambia |
New |
View |
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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-000-987 |
8.7. Costly Road user charges /fees |
2020-09-26 |
Zambia: Kazungula Ferry |
Botswana |
In process |
View |
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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:
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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-000-982 |
1.4. Preference given to domestic bidders/suppliers |
2020-08-24 |
Botswana: Ministry of Trade and Industry |
Zimbabwe |
In process |
View |
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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-000-977 |
2.3. Issues related to the rules of origin |
2020-08-10 |
Ethiopia: |
South Africa |
New |
View |
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Complaint:
|
Requirement to submit Certificate of Free sale for Grain products such as cereals, baked goods etc |
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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:
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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 . |
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NTB-000-959 |
7.4. Costly procedures |
2020-05-18 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
In process |
View |
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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:
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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-000-957 |
5.8. Embargoes |
2020-05-13 |
Kenya: Mombasa sea port |
South Africa |
New |
View |
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Complaint:
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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:
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2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09. |
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NTB-000-953 |
7.4. Costly procedures |
2020-04-11 |
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Namibia |
In process |
View |
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Complaint:
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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. |
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NTB-000-938 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2020-02-08 |
South Africa: Beit Bridge |
Zimbabwe |
In process |
View |
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Complaint:
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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. |
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Progress:
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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. |
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Products:
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1905.31: Sweet biscuits |
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