| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-049 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2008-12-22 |
Kenya: Kenya Bureau of Standards |
Egypt |
Resolved
2013-01-14 |
View |
|
Complaint:
|
Pre-verification of Compliance (PVOC)
Complaint drawn to the attention of the Kenyan authorities |
|
|
Resolution status note:
|
On 14 January 2013, Egypt Focal Point reported that Egypt was no longer complaining about the PVOC that Kenya is applying. So the NTB -000-049 should be put in the resolved NTBs category. |
|
|
NTB-000-151 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2010-11-22 |
View |
|
Complaint:
|
On a number of occasions, Kenyan customs demands that products originating from Tanzania have to be unloaded for physical verification, which means destruction of the product packages. The importer has thereafter to repackage goods at own cost so as to fit original packages. Products most affected include tyres, textiles, cognac spirits and cigarettes. |
|
|
Resolution status note:
|
Issue resolved through COMESA customs and trade comittee |
|
|
NTB-000-152 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Kenyan customs often demand a customs insurance bond for transit goods that pass through Kenyan roads en route to Uganda , Rwanda, Burundi and DRC. |
|
|
Resolution status note:
|
Issue resolved through EAC |
|
|
NTB-000-037 |
2.8. Lengthy and costly customs clearance procedures |
2008-05-29 |
Malawi: Malawi Revenue Authority |
Zimbabwe |
Resolved
2011-05-25 |
View |
|
Complaint:
|
Zimbabwe complained that the Malawian authorities require a Pre-Shipment Inspection on all goods. |
|
|
Resolution status note:
|
Malawi reportd that Preshipment Inspection was phased out in 2007. |
|
|
NTB-000-198 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Discrimination in goods clearance between small and commercial traders.The quantities that a trader carries determine the procedure to be followed in clearing goods through the border. Small traders into Malawi are clogging up the whole system and flooding up the whole market with commercial goods. Commercial traders are pushed out of the system because of the procedures that are applied at the port of entry. |
|
|
Resolution status note:
|
Malawi reported that Customs clearing procedures are the same for small as well as commercial traders, but this could have been a one-off incident. However, now the Revenue Authority has an inland clearing system to overcome delays at the border and Malawi will continuously monitor the situation at the border to ensure smooth flow of goods and people |
|
|
NTB-000-095 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Mozambique: Mozambique Revenue Authority |
Mauritius |
Resolved
2010-11-10 |
View |
|
Complaint:
|
Mozambique companies importing paints from Mauritius have to pay a percentage of the customs duty upfront and the balance settled when clearing the goods. |
|
|
Resolution status note:
|
Mozambique reported that the question does not constitute a nontariff barrier, the Customs following a procedure laid that allows the granting of early release upon bail in a maximum of 72 hours. Eventually may be delays in the clearing process, in that case is not the customs responsibility but the Clearing Agent. |
|
|
NTB-000-095 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Mozambique: Mozambique Revenue Authority |
Mauritius |
Resolved
2010-11-10 |
View |
|
Complaint:
|
Mozambique companies importing paints from Mauritius have to pay a percentage of the customs duty upfront and the balance settled when clearing the goods. |
|
|
Resolution status note:
|
Complaint was resolved |
|
|
NTB-000-131 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Mozambique: Other Mozambique |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Mozambique customs rules vary, causing long delays at the borders. |
|
|
Resolution status note:
|
Mozambique reported that all the Mozambican borders rules and procedures are already harmonized and standardized within the SADC Regional Integration and the World Customs Organization (WCO), the rules applied in Mozambique border are consistent with procedures used at Swaziland border and SADC countries. |
|
|
NTB-000-197 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Mozambique: Delegação Aduaneira de Machipanda (Rail) |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Zimbabwean exporters take longer to clear products at the Mozambique/Zimbabwe border. This is affecting particularly exports of fresh milk. This has limited Zimbabweans to exporting products that have a long shelf life into that country. |
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|
Resolution status note:
|
Mozambique reported that there are proper procedures for speedy clearance of fresh products, which ensure timely customs clearance and without damage to the economic operators. We will try to ascertain the situation and creating conditions that this does not happen again |
|
|
NTB-000-265 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
General export licences and permits issued for all non SACU exports are processed by hand. There is no interface between the MTI permit system and ASYCUDA. The system is unpredictable with ever changing procedures as per the SACU agreement's Jacobsens' Index. The IEM requirements are not widely known, especially among incidental traders. There is limited capacity at MTI to handle and process the import and export permits. At present only one official is handling the permits. HS codes need to be obtained from Customs and Excise since MTI is not equiped to assist in this. |
|
|
Resolution status note:
|
Namibia reported that the system determines the change in the rate of duties but not procedures due to economic and policy considerations. Information leaflets on IEM are readily available at the Customs information centre and more will be available at MTI. |
|
|
NTB-000-266 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The following stringent conditions stringent and cumbersome conditions are applied on the re-export (in bond mainly to Angola) of controlled petroleum products subject to permit:
a) A trade permit obtained from MTI a copy of which is to be supplied to the ministry.
B) The oil company involved and prices qouted shall be reviewed in writing in MTI.
c) Prices shall include all basic purchase costs |
|
|
Resolution status note:
|
Namibia reported that this information is required for the Government to determine the amount of tax to be paid by the exporting company and for Custom and excise levies |
|
|
NTB-000-119 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Seychelles: Other Seychelles |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lengthy clearing processes at the Seychelles ports. |
|
|
Resolution status note:
|
Seychelles reported that, with the Asycuda system the clearing process can take 24hrs, all transaction can be done on-line. Appointments were given to clear goods to facilitate work of custom officers and avoid congestion Need to confirm current situation |
|
|
NTB-000-314 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-09 |
Seychelles: Port Victoria |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The clearing process is somewhat lengthy, and bureaucratic as appointments have to be made to clear goods |
|
|
Resolution status note:
|
Seychelles reported that with the Asycuda system the clearing process can take 24hrs, all transaction can be done on-line. Appointments were given to clear goods to facilitate work of custom officers and avoid congestion at the port as handling capacity are limited. Need to confirm current situation. |
|
|
NTB-000-316 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-09-09 |
Seychelles: Port Victoria |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
There is a total lack of consistency in the application of customs procedures at all clearing offices in Seychelles |
|
|
Resolution status note:
|
Seychelles proposed to have clearing agents undergo a competency training/exam for them to be well versed with application of customs procedures |
|
|
NTB-000-327 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-09 |
Eswatini: Bordergate |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
There is a lack of proper customs procedures and harmonization at the border posts as well as lack of an automated customs declaration system linking Swaziland Borders. |
|
|
Resolution status note:
|
Swaziland reported that ASYCUDA ++ has been rolled out in 60 percent of the border posts. However it is fully operational on exports. Some modules especially those related to deferment on imports have not yet been implemented yet. Capacity constraints and lack of financial resources and telecommunications infrastructure continue to pose a challenge. Nonetheless, the amendment to the Customs and Excise Act seeking to introduce mandatory electronic declaration has gone through the first reading in Parliament. It is believed that the law will facilitate the allocation of resources to the automation programme. The Department has reviewed the Memorandum of Agreement signed with South Africa with an aim to initiate discussions that will lead to ICT interconnectivity. |
|
|
NTB-000-392 |
2.8. Lengthy and costly customs clearance procedures |
2011-02-14 |
Mozambique: Customs |
Mozambique |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Customs require supervision of packing of all export containers for certain products such as perishables, at point of packing. This means that they have to supervise packing on the farm. This requires that the export company provides transport, expenses and accommodation to customs officers for the times when containers are being packed. Often customs officers are not available, or are delayed meaning that the company has to wait for them. If the company is a regular exporter and its farm is located away from a customs post (often the case) then they are required to provide accommodation, office space and living expenses for customs officers to be permanently on site to supervise any containers packed |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Mozambique reported that this is a not a NTB but a normal customs procedure to seal containers at the farm in order to expedite exports. Once sealed the container is not opened at the port. |
|
|
Products:
|
0708.10: Fresh or chilled peas "Pisum sativum", shelled or unshelled |
|
|
NTB-000-393 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-02-14 |
Mozambique: Maputo Port |
Mozambique |
Resolved
2012-04-26 |
View |
|
Complaint:
|
- 418 containers (+/- 600 TEU which accounts for about 100% market share for transit business according to DP World statistics) between Maputo and the Hinterland (mainly Zimbabwe) under the Through Bill of Lading product were moved from April to December.
- The average dwell time (from discharge move to the day when the containers leave the port) is approximately 31 days
- The port grants us 10 days freetime for storage, i.e. companies pay on average 21 days storage at a rate of USD 14/day (21*14*600 = USD 176,400 in storage)
- Under normal circumstances companies would also be liable for the equipment cost to the shipping line in the form of demurrage and detention. Currently for transit USD 50 per day after day 30 (it varies slightly from shipping line to shipping line). If we add another 7 days transit to the dwell time, plus 5 days for clearance/delivery in Zimbabwe and 7 days empty return of the container into port we look at a total equipment turnaround time of 50 days from discharge to empty return, i.e. 20 days of DMR/DET or in monetary terms USD 600,000 for 600 containers only over a period of less than 12 months.
- This means that Mozambique adds USD 1,294 per TEU of extra costs on the Maputo corridor due. The bill is picked up by the end consumer in the Hinterland of course as most of the costs are passed on.
The underlying problem is DIPLOMA 10/2002 30.01. (attached is the English translation) which states that rail is NOT a bonded mode of transport (Article 1 - Conveying unit c, Railroad carriages or wagons) and that one needs to give customs a guarantee 'determined on the risk offered for the revenue' (Article 4.1) for cargo in transit (Article 4.2a). The legislation then gives two options to register a guarantee with customs: 1. Isolated Guarantee (Article 6) and 2. Global Guarantee (Article 7). For container transit on a large scale only a global guarantee is an option as it allows for the ongoing movement of cargo without registering individual guarantees for each container. The maximum 'valor aduaneiro' (customs value) is USD 2,000,000 for a USD 150,000 USD deposit/bank guarantee/insurance bond (Article 7.1), but the general director of customs can increase the ceiling 'by application of the interested, taking into account the risk involved for the revenue, resulting from the customs record of the interested, ...' (Article 7.2).
Customs interprets the risk value ('valor aduaneiro', risk offered to the revenue) as the cargo's CIF value. We inquired several times what the logic behind this is as the CIF value is far from the actual risk for revenue. It must be duties and VAT. Customs refuses and refers to some other legislation or directive which clearly indicates that customs risk value is CIF value.
Attempts to increase the ceiling of the bond to move more than USD 2,000,000 of CIF value under a global guarantee were rejected based on the grounds that it is not possible for to do this for ongoing container traffic with several consignees in the Hinterland.
We also attempted to get rail exempted from the bond requirement based on the low risk. This was also rejected several times albeit CFM agree that rail should be exempted from bond. Customs couldn’t remember though that they ever agreed to this.
Further, they deduct the CIF value from the bond balance once the clearance process starts until the documents are returned from the border. This ties the value up for a period of about 60 days and does extend the period of which containers are considered to be under risk unnecessarily.
The current procedure basically stops transit movements for imports on a large scale (read: modern container traffic). |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012,, Mozambique reported following progress towards resolution of the NTB:
a) That the legislation regarding the transit of cargo through Mozambique was under revision and it was
expected that a new legislation would come into force by end of June 2012.
b) That the signal windows electronic system was being implemented in Maputo port. It had been tested in
the Beira and Nacala ports, which should be fully operational by end of June.
c) This system would also have a module to control the bank guarantees which was expected to be released
as soon as the cargo crosses the border.
A tracking system woul be implemented shortly to improve the control of the cargo.
The meeting accepted Mozambique submission too consider the NTB resolved. |
|
|
Products:
|
8506.50: Lithium cells and batteries (excl. spent) |
|
|
NTB-000-401 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-03-01 |
Mozambique: Customs Authority |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
For certain types of commodity such as cement, maize, and sugar Mozambican Customs requires a customs escort for transit cargo out of Beira Port to the hinterland. The customs escort costs 5,000Mt for between one and five trucks in a convoy. However: customs escorts cannot be arranged ahead of time and can only be arranged on presentation of a full set of completed clearance documents to customs; customs at Beira Port does not operate at weekends meaning that cargo loaded on a Friday afternoon after 3.30pm or over the weekend and requiring an escort must wait until Monday to move. In practice customs does not always have people available to escort convoys meaning that the documents required for clearance are given to the last driver in the convoy and only when this driver reaches the border can all the trucks in the convoy be cleared out of Mozambique |
|
|
Resolution status note:
|
At the conusltative meeting held between SADC Secretariat and Mozambique focal points on 19 September 2011, ands subsequent meeting between SADC Secretariat, Cornelder de Mozambique, on 22 September 2011in Beira, Mozambique reported that Customs escorts are properly coordinated such that companies can make arrangements for escorts taking place during weekends well in advance. Customs at Beira have arrangements for availability of customs officer at all times to facilitates escorts. However, all documnetation for weekend escorts must be processed during office hours. |
|
|
NTB-000-419 |
2.8. Lengthy and costly customs clearance procedures |
2011-04-20 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
Perishable goods for export (cheese) are being held up for several hours despite documents having been pre-cleared, due to key staff (in this case the director) being absent from their posts |
|
|
Resolution status note:
|
At the consultative meeting between SADC secretariat and Mozambique Focal p[oints, on 19 September 2011, Mozambique reported that the customs desk is always manned. In the absence of information on a specific case, this issue is considered resolved. |
|
|
Products:
|
0406.30: Processed cheese, not grated or powdered |
|
|
NTB-000-445 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-02 |
Burundi: Revenue Authority |
Tanzania |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Burundi customs system does not interface within the customs’ systems in the Revenue Authorities in Partner States |
|
|
Resolution status note:
|
Burundi and Rwanda NMC consultations held during the 3rd meeting of the Tripartite NTBs Focal Points and NMC Chairs in Dar-es-salaam on 19-20 April 2012 concluded that the issue had been resolved after Rwanda bureau of standards recognised that Burundi water meets international standards. |
|
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