| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-697 |
1.14. Lack of coordination between government institutions |
2009-07-16 |
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Resolved
2019-08-21 |
View |
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Complaint:
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Lack of coordination among the numerous institutions involved in testing and clearance of goods at the Borders |
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Resolution status note:
|
.The NTBs meeting of Focal Points held on 19- 21 August 2019 was informed that the EAC agreed to harmonise the operations of their institutions. This NTB no longer was resolved in the EAC Time Bound mechanism. |
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NTB-000-600 |
8.1. Government Policy and regulations |
2013-07-17 |
South Africa: Durban sea Port |
SADC |
Resolved
2016-09-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The South African Cross-Border Road Transport Agency (CBRTA) is fining transporters for transporting goods from Gauteng to Durban without a cross-border permit. The fine is R2000 (USD200) per truck.
The goods are being transported from Botswana and offloaded in a warehouse in Gauteng, South Africa.
The goods are then re-loaded on to different vehicles and transported to Durban.
The vehicles transporting the goods from Botswana, have cross-border permits.
There should be no reason for vehicles transporting goods from Gauteng to Durban to have cross-border permits, even though the goods come from Botswana. The transportation is wholly within South Africa and on South African vehicles.
See NTB 535/6 for a similar complaint. |
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Resolution status note:
|
On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. The explanation from CBRTA was acceptable to FESRATA |
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NTB-000-605 |
8.8. Issues related to transit |
2013-10-03 |
Democratic Republic of the Congo: Kasumbalesa |
COMESA |
Resolved
2016-08-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The unstable situation at the Kasumbalesa border post between Zambia and the DRC, is causing serious delays on the North-South corridor.
Over the past 6 months, lawlessness on the DRC side of the border, is leading to drivers foreign to DRC being harassed and, on some occasions, being attacked. Police have been unnecessarily harassing drivers for speeding, unroadworthy vehicles and incorrect documentation. The lack of security has resulted in two drivers being shot and wounded; the latest being Patrick Murifi, 31, a Zimbabwean truck driver.
This has caused drivers preparing to enter DRC from the South, to become agitated and, on two occasions, go on strike and effectively close the border to heavy vehicle traffic.
Copperbelt Police chief Joyce Kasosa has confirmed in an interview recently, that calm has been restored but trucks are still not crossing into and from DRC because the drivers want to be addressed and assured of their security while in that country.
It is clear that the situation is volatile and likely to erupt into violence at any time, for the slightest reason.
This situation is not conducive to intra-regional trade and unacceptable to the road transport industry.
A deputation from DRC yesterday to the drivers on the Zambian side, has convinced the drivers to start moving again.
However, the drivers have warned that if there should be further occurrences of the problem, they will blockade the border for 3 weeks.
SADC and COMESA are requested to intervene and call on the government of the Katanga province to take control of the situation and provide a stable environment conducive to intra-regional trade. |
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Resolution status note:
|
During the 5th Meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016, DRC reported that the matter had been resolved following consultations with COMESA Secretariat and other interested parties . |
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NTB-000-608 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2013-10-04 |
Zambia: Ministry of Transport, Works, Supply and Communications |
COMESA |
Resolved
2016-03-31 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Zambia is to introduce toll fees for all road users, on 1st November 2013.
The structure of the fees is detailed in the attachments.
The introduction is considered an unfair practice, since the tolls apply to foreign vehicles, and these vehicles pay road user charges on entry into the country.
The road user charges that the foreign vehicles pay (between USD10 per 100 kms and USD16 per 100 kms), are set to cover the road usage cost by the vehicles as they travel the country's roads.
The level of road user charges was recommended by COMESA, of which Zambia is a member.
Updated road user charges are being developed by the COMESA/EAC/SADC Tripartite and, when finalized, will be disseminated to member countries for their implementation.
Thus there is no justification for Zambia to introduce toll fees for foreign vehicles, as it is a duplication of the road user charges paid by them on entry into the country.
The added fees mean that foreign vehicles will be paying more than their fair share for road usage, and merely add to the cost of goods consumed in landlocked countries. |
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Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that Toll fees are charged once at the port of entry for road usage from one point to the other and back. Transporters are only charged extra if they divert from their original route. The toll fees are discriminatory. |
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NTB-000-618 |
7.1. Arbitrariness |
2013-12-06 |
Zambia: Nakonde |
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Resolved
2016-03-31 |
View |
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Complaint:
|
This complaint is registered by FESARTA.
Resolved NTB 514 refers, whereby ZAMESCO had been forcing transporters to park in its parking area at Nakonde border post, and pay a daily fee.
In April 2013, Zambia reported that this practice was no longer occurring and the NTB was considered resolved.
However, transporters report that ZAMESCO continues to force transporters to park in its area and pay an increased US$35 per day.
This is unacceptable. If trucks have to park at the border to await clearance, there should be free parking available. If they wish to use ZAMESCO's facility, it should be their choice. |
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Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that there was variety of parking at Nakonde Border which transporters can use. The situation where transporters were being coerced to park at ZAMESCO had been addressed. Therefore, given the availability of variety of packing spaces, Zambia advise that the transporters should explore and opt for best options available. Given this development, this complaint was considered resolved. |
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NTB-000-645 |
1.1. Export subsidies |
2015-01-23 |
Botswana: Ngoma |
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Resolved
2015-02-11 |
View |
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Complaint:
|
I have a consignment of used vehicles imported from UK and the USA. They are being denied entry to Botswana on transit to Zimbabwe because they are not registered. Apparently Botswana does not allow unregistered vehicles to drive on their roads |
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Resolution status note:
|
The affected company reported that they managed to get assistance from the Namibia Customs officials who escorted the consignment back into Namibia then to the Zambia border. They used the Zambia route which is 400 kilometers longer. The company reported that the Department of Transport in Botswana informed them that there won't be a waiver for vehicles not registered in SADC or COMESA region. Only COMESA and SADC registered vehicles are allowed road transit in Botswana
However, tourism vehicles registered outside COMESA and SADC and vehicles destined for Botswana are allowed to be driven in Botswana.
FESARTA confirmed that, according to the regional policy, all vehicles not registered in COMESA or SADC would have to be loaded on other vehicles. |
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Products:
|
8704.22: Motor vehicles for the transport of goods, with compression-ignition internal combustion piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 5 t but <= 20 t (excl. dumpers for off-highway use of subheading 8704.10 and special purpose |
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NTB-000-651 |
8.8. Issues related to transit |
2014-12-11 |
Tanzania: Along Central corridor |
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Resolved
2016-06-30 |
View |
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Complaint:
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Tanzania has several weigh bridge stations along the central corridor |
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Resolution status note:
|
At the 21st EAC NTBs Regional Forum , Tanzania reported that the NTB had been resolved because there are only three weigh bridges Vigwaza at the coastal region, Njuki in Singida and Nyakahura in Kagera region weigh in motion weighbridges. It takes maximum of 4 days to exit the border from Dar Port and 2 days for fuel tankers. |
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NTB-000-657 |
5.15. Other
Policy/Regulatory |
2014-12-11 |
Tanzania: Various State Agencies |
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Resolved
2023-07-03 |
View |
|
Complaint:
|
Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products |
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Resolution status note:
|
The 42nd SCTIFI noted that the Republic of Uganda and the Republic of Kenya are handling the diary issues bilaterally with the United Republic of Tanzania whereby several meetings at the Ministerial and Summit levels have taken place and are at the final stages to be resolved. Also, the issue is being handled in the ongoing process of harmonization of fees, levies, and charges, and all the charges will be harmonized together with other charges. The SCTIFI hence guided that the NTB should be removed from the Time Bound program and allow the ongoing bilateral processes to be finalized. |
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NTB-000-671 |
8.8. Issues related to transit |
2015-04-08 |
Mozambique: Beira |
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Resolved
2016-09-13 |
View |
|
Complaint:
|
Mozambique Police in Beira issued a ticket or fine for 50,000 metical or US $1500 to the driver of a Zimbabwe registered vehicle AC 5376 owned by Suncrest Transport for supposedly violating the third country rule by collecting a load in South Africa, transiting Zimbabwe and delivering or offloading in Beira, Mozambique and this route not being covered by a cross-border permit.
The fine or ticket issued referred to Article 102 of the Road Traffic Act (Places in which Pedestrians may walk) and is not related to the offence, also the fine or ticket does not specify the nature of the offence and only refers to the detention or removal of documents as per Article 122 of the Road Traffic Act (see attached ticket).
The cross-border permits for the subject vehicle (AC 5376) and attached hereto confirm that the vehicle was authorized to use this route and therefore was improperly fined by the Mozambique Police.
This is harrasment of the driver and the action required is the revoking of the fine. |
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Resolution status note:
|
On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. |
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NTB-000-673 |
7.3. Corruption |
2015-06-14 |
Botswana: Martins Drift |
|
Resolved
2016-02-26 |
View |
|
Complaint:
|
A Zambulk Tanker carrying Fuel was weighed at the subject weighbridge with the following axle masses: Steer axle - 6960 kg (legal limit 8000 kg); Drive axles - 17660 kg (legal limit 18000 kg); Trailing axles - 24160 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 1200 kg on the trailing axle set. The weighbridge official printed a weighbridge ticket for the driver which reflected the weights indicated above and showed the legit limits as indicated above with the Total GVM being 48780 kg and the max or legal limit being 50000 kg. This vehicle was within the legal limit on GVM and well within the tolerance on the trailing axle set. Yet printed at the bottom the weighbridge ticket is the comment - TRUCK MUST EXIT AND RETURN TO DISPATCH IMMEDIATELY SO THAT THE LOAD CAN BE CORRECTED!!! (see attached weighbridge ticket). When the driver queried this with the weighbridge official he was told that he must park off the truck and move fuel from the rear tank to the front tank to correct the load. This is clearly not an option and highly dangerous given the nature of the product being carried. The driver went back and started negotiating and gave her Pula 200. The Operator refused to give the driver 5% when entering Botswana. The Operator said it is only applicable AFTER the Martins Drift Weigh Bridge. At Serule and Francistown there was no problem.
This is obviously an attempt a corrupt activity that is taking place at this weighbridge and needs to be stamped out immediately. |
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Resolution status note:
|
On 26th February 2016, Botswana Focal Point reported that the general public and business community were encouraged to report all corruption cases with Botswana Police as and when they happen. There are police officers stationed at all Botswana entry points. This will assist in addressing corruption issues. However, it should be noted that the 5% is not applicable at the 1st weigh bridge in Botswana but AFTER the 1st weigh bridge. In this instance, it will be applicable in Serule or Francistown. |
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NTB-000-681 |
7.2. Discrimination
Policy/Regulatory |
2015-10-12 |
Uganda: Malaba |
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Resolved
2016-06-30 |
View |
|
Complaint:
|
Uganda discriminatively imposed a 10 percent duty on Kenya manufactured Laundry bar soaps. |
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Resolution status note:
|
At he 21st EAC NTBs Forum, Uganda reported that the 10% charged is Excise duty on cosmetics and soaps.
The NTB was resolved upon receipt of the statutory instrument from Uganda. |
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NTB-000-683 |
2.14. Other
Policy/Regulatory |
2016-02-10 |
Zimbabwe: Mt. Selinda |
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Resolved
2016-03-18 |
View |
|
Complaint:
|
ZIMRA has introduced a new ruling at all its border posts effective 10 February re the vehicle manifest without proper pre-dialogue with regional and border post stakeholders as well as transporters who are being affected the most by this ruling and which is in breach of the SADC protocol to which Zimbabwe is a signatory. The attached Notification and copy of the ZIMRA Manifest Form No. 1 are self-explanatory, the ZIMRA manifest is just a duplication of a standard vehicle manifest with the ZIMRA logo on it and official form number, however ZIMRA are refusing to allow clearing agents to submit any other format of the manifest other than the attached document and transporters are being delayed for days on end until such time as the clearing agent submits documents with the ZIMRA manifest. the average cost per day for a transporter to stand at the border post is US $250 which ultimately will be added onto the cost of an already outrageous transportation cost for the end user consumer to pay. This practice is unethical, in breach of the SADC Protocol on Trade and Transport and not conducive to trade facilitation in the region. Imagine the chaos this situation would cause if all countries or member states in the SADC region adopted the same principal as Zimbabwe has, the transporter would have to fill in a different manifest for every country entered or transited.
This matter requires the immediate and urgent intervention of the focal point representative in Zimbabwe. |
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Resolution status note:
|
On 18 march 2016, Zimbabwe Focal Point from ZIMRA advised that submission to the Zimbabwe Revenue Authority (ZIMRA) of a Manifest (Form 1) on importation of goods by Road has always been a requirement. This is in terms of Section 6 of the Customs and Excise (General) Regulations published in Statutory Instrument 154 of 2001 which reads "6 The report in terms of section 26 of the Act on vehicles engaged in the transportation of goods, other than trains, shall be made in form No. 1, completed at the time of loading the goods in the country of exportation, signed jointly by the transporter who loaded the goods and the person in charge of the vehicle, together with such copies as may be required by the officer to whom the report is made". Section 26 of the Customs and Excise Act (Chapter 23:02) is on "26 Person in charge of vehicle to report goods in his or her charge" The Form 1 (Manifest) is a ZIMRA form and is a prescribed form in terms of the said Regulations and therefore it is a requirement that it be standard. It is thus not proper for Clearing Agents to use other formats of the Manifest. For the convenience of the clients arrangements are being made for the Manifest to be available for downloading from the ZIMRA Website .
However the Zimbabwe Focal point advised that the Commissioner Customs and Excise had temporarily given a reprieve and is accepting other formats of the Manifest as submitted by the Agents. The Act and the Regulations were submitted. |
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NTB-000-696 |
5.12. Export restraint arrangements |
2016-07-08 |
Zambia: Kafue |
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Resolved
2016-09-13 |
View |
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Complaint:
|
Zimbabwe Registered Transporters were offered maize loads from Zambia for export to Harare. Some of the trucks loaded and moved. A balance of 4 trucks have been held back due to what we believe are investigations by the Government of Zambia over issues related to smuggling of maize. It is understood now that the Exporters in Zambia are exporting maize illegally with false documentation.
Despite numerous and repeated requests to either off-load the trucks or verify the documents and release the trucks, the vehicles remain in Kafue with no solution in sight, 18 days after the trucks loaded. The Zambian Army is holding the trucks and the Permanent Secretary in the Ministry of Agriculture is refusing to getting involved to assist the truck release process. There are apparently around one hundred trucks being held at Kafue at present for an issue which is not related to the transporter, but which is directly related to the Exporter and the Zambian Authorities.
We urgently request that these trucks be offloaded and released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold the transporters liable in this case.
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Resolution status note:
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On 13th September 2016, FESARTA advised that the trucks were released so the NTB is resolved. |
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NTB-000-698 |
2.14. Other
Policy/Regulatory |
2014-07-23 |
|
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Resolved
2017-05-06 |
View |
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Complaint:
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Border management institutions’ working hours are not harmonized. |
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Resolution status note:
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At the 23rd EAC NTBs Forum held from 4- 6 May 2017, Partner States reported that the border operating hours had been harmonised |
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NTB-000-729 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
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Resolved
2018-01-25 |
View |
|
Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
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Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
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NTB-000-731 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
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Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
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NTB-000-732 |
5.15. Other |
2017-01-01 |
Zambia: Zambia |
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Resolved
2018-01-25 |
View |
|
Complaint:
|
Carbon Tax Increase over 37% for commercial vehicles |
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Resolution status note:
|
On 25th January 2018, Zambia Focal Point advised that the measure was for all motor vehicles and the highest percentage of 40% was on motor cycles and small vehicles. 37% on commercial vehicle was among the lowest percentage increases. This measure was intended to adjust the carbon emission surtax for inflation. It had not been adjusted since its introduction in 2006. This is in line with the Customs and Excise Act 47 of 2016. We propose that this be considered resolved |
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NTB-000-799 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-01-08 |
Kenya: Namanga |
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Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania does not give preferential treatment to printed labels manufactured in Kenya by SKANEM LTD and exported into Tanzania. Entry No.TZNG18-1016642. Export suspended. |
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Resolution status note:
|
During the SCTIFI meeting held on 16 November2018, Tanzania and Kenya reported that the two Partner States had
identified and resolved the issues causing the NTB |
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Products:
|
4821.90: Paper or paperboard labels of all kinds, non-printed |
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NTB-000-841 |
2.3. Issues related to the rules of origin |
2018-09-06 |
Uganda: Malaba |
EAC |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Uganda does not recognize the calibration certificate issued by Weight and Measures Agency (WMA) for oil tanks from URT |
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Resolution status note:
|
Tanzania reported during the 25th EAC Regional Forum on NTBs that it was Resolved |
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NTB-000-785 |
8.8. Issues related to transit |
2017-10-25 |
Zimbabwe: Beitbridge |
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Resolved
2019-08-21 |
View |
|
Complaint:
|
Haphazard breaking of seals at Beitbridge Border without any proof of authentication. Customs officials are breaking the transit cargo seals on the containers and merely crossing out the seal on the manifest and replacing it with the temporary seal. This has severe implications as these containers have already been fumigated and opening the container compromises the fumigation process and leaves the load susceptible to tobacco beetle cross infestation at the border. As there is no authenticity/customer number/stamp endorsing the seal change it means that anyone could have tampered with the cargo on route and this possess another issue with our customers in the USA as it contravenes their anti terrorism procedures . There was legislation passed by ZIMRA in terms of SI 113 of 2017, the Customs and Excise (General) Regulations, SI 154 of 2001, Section 60 that states no seals should be opened in transit through Zimbabwe in order to improve the management of transit cargo. This new legislation needs to be passed on to the officials at Beitbridge (Zimbabwe side)as they are still breaking seals at the border. |
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Resolution status note:
|
During the meeting of the NTBs Focal Points held on 19-21 August 2019, Zimbabwe Focal Point confirmed the ZIMRA report below that, transit trucks which are picked by the system for Physical Examination (P/E) are referred to the container depot for P/E. The majority of these trucks are P/E waived.
Where a physical examination is conducted broken seals are replaced and the replacing seals are endorsed on the manifest and the office stamps and signs.
The above is the same procedure on both imports and exports.
Where trucks are not referred for P/E the trucks are either escorted or sealed with electronic seals.
When trucks are escorted no seals are broken.
There are instances when the container has seals on all openings and ZIMRA break the other seal in order to place their electronic seal. In such a case appropriate endorsement is made on the manifest.
There could be some cases probably where officers have not done this hence the complaint from the client. ZIMRA however does not have a point of reference since a particular case has not been cited.
ZIMRA management have reminded all officers to ensure that whenever a seal is broken the appropriate endorsement is be done. |
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Products:
|
2401.10: Tobacco, unstemmed or unstripped |
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