Non-Tariff Barriers

Complaint

Complaint number

NTB-001-330  

NTB Type

2.3. Issues related to the rules of origin  

Complaint

Conferring of origin in a member state on non-originating material. This then affects the issuance of a SADC certificate for the issuing country being Mozambique.

Mozambique customs authority and DGA consider that the process taking place within Mozambique, does not confer origin.

The exact same process carried out in South Africa, receives a SADC certificate from SARS.

SARS as the importing country does not dispute or challenge that the process confers origin and is satisfied that the process under which a SADC certificate is issued, and therefore receives preferential duty in the importing country is sufficient and complies with the SADC trade agreement.

While the SADC agreement, lists simple processes, which do not confer origin, under chapter 63 there is a specific declaration made, where rags is included, before the word, except, and then it lists exceptions. It states that for chapter 63, origin is conferred, the requirement stated is " manufacture from materials of any heading except that of the product"

What is peculiar, is that the issuing country being Mozambique contends the conference of origin, but it has not been raised by the importing country being South Africa.

We know, with absolute certainty, that a SADC for the exact same process is issued by South Africa for exports to Mozambique and to Botswana, and neither of these countries have ever referred them back for investigation or referral on the back of the SADC certificate as is the protocol and possibility if there is a contention.  

Progress update note

 

Policy or regulatory NTB

No 

Location

Mozambique: DGA - Mozambique SARS - South Africa (Government institution)  

Reporting Country or Region

Mozambique  

Country specific trade issue

No  

Date of incident

2026-03-11  

Status

New  

Product Description

Used or new rags

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

12 915.00  

Date reported

2026-03-16 14:41  

Modified

2026-03-16 14:41