Resolved complaints

Showing items 301 to 320 of 916
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
NTB-000-141 5.3. Export taxes 2009-07-27 Mauritius: Ministry of Trade South Africa Resolved
2010-11-22
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Complaint: Mauritius charges an export tax on sugar  
Resolution status note: Mauritius reported that taxes were eliminated in 2004  
NTB-000-103 5.3. Export taxes 2009-07-26 Namibia: Ministry of Trade South Africa Resolved
2010-11-22
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Complaint: Namibia imposed export levies on live animals, hides and skins .  
NTB-000-112 7.8. Consular and Immigration Issues 2009-07-26 Namibia: Ministry of Home Affairs South Africa Resolved
2010-11-22
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Complaint: Work permits are required from consultants and business representatives even for one day visits.  
NTB-000-147 1.8. Import bans
Policy/Regulatory
2009-07-27 Namibia: Ministry of Trade South Africa Resolved
2010-11-22
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Complaint: Namibia imposed an import ban on wheat flour  
NTB-000-290 8.8. Issues related to transit 2009-09-08 Namibia: Namibia Revenue Authority South Africa Resolved
2010-11-22
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Complaint: Namibia requires provisional payments for all transit cargo through Namibia.  
Resolution status note: Namibia reported that the provisional payment is required to secure duties and taxes of the goods in transit that can be refunded upon submission of export documents by the exporter.  
NTB-000-123 7.9. Inadequate trade related infrastructure 2009-07-26 Seychelles: Other Seychelles South Africa Resolved
2010-11-22
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Complaint: Inadequate cold room facilities at ports  
Resolution status note: Seychelles reported that having adequate cold storage facility at airport and sea port is considered one future area of development.  
NTB-000-124 2.14. Other 2009-07-26 SADC South Africa Resolved
2010-11-22
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Complaint: Training of new customs recruits in the region  
Resolution status note: Seychelles reported that training of new recruits is a point of concern for Seychelles. Training especially for customs officers, on R.O.O, clearing process, investigation, inspection, to conduct time release study ect...is in progress.  
NTB-000-125 7.9. Inadequate trade related infrastructure
Policy/Regulatory
2009-07-26 Seychelles: Port Victoria South Africa Resolved
2010-11-22
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Complaint: Some businesses complained that port handling facilities at the ports are unable to handle containers that exceed 6methers (20ft) thereby limiting exporters in implementing the most cost effective way of transporting their products.  
Resolution status note: Seychelles reported that a new plan for handling of containers has been designed and is expected to ease the current burden in the handling of containers; however it is not too clear when the renovation project will kick start.  
NTB-000-071 1.2. Government monopoly in export/import
Policy/Regulatory
2009-07-23 South Africa: Ministry of Trade South Africa Resolved
2010-11-22
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Complaint: Raw sugar can only be exported through a single channel  
Resolution status note: South Africa reported that all excess raw sugar is exported by SASA on behalf of producers simply to safeguard on logistical costs etc to minimize the distortive effects of the world market. The manner in which it is done in SA does not conform to what is normally referred to as single channel - the implications of single channel can be much broader.  
NTB-000-076 1.1. Export subsidies
Policy/Regulatory
2009-07-23 South Africa: Ministry of Trade South Africa Resolved
2010-11-22
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Complaint: South Africa offers a large number of export incentives for to promote locally produced exports.  
Resolution status note: South Africa reported that export incentives are offered to promote manufactured exports and exports in general  
NTB-000-106 2.7. International taxes and charges levied on imports and other tariff measures 2009-07-26 Eswatini: Ministry of Trade South Africa Resolved
2010-11-22
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Complaint: Swaziland imposed import levy for dairy products.  
Resolution status note: Swaziland reported that there is an import levy on dairy products imposed and collected by Swaziland Dairy Board  
NTB-000-128 2.10. Inadequate or unreasonable customs procedures and charges 2009-07-26 Eswatini: Bordergate South Africa Resolved
2010-11-22
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Complaint: Lack of standardization in application of regulations, which currently differ per individual officer, per border post.  
Resolution status note: Swaziland reported that Standards in application of procedures are in place. Where these are not clear officers may use discretion. This results in non uniformity.  
NTB-000-113 7.9. Inadequate trade related infrastructure 2009-07-26 Tanzania: Dar-es-Salaam Port South Africa Resolved
2011-05-23
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Complaint: Periodic port congestion in Tanzania makes logistical planning near impossible , which impact negatively on perishable exports.  
Resolution status note: Tanzania reported that by July 2010, the import container dwell time had been reduced to 10 days, ship waiting time from 13 days to 4 days and ship turnaround time from 19 days to 3 days. This improvement has been attributable to additional investment to increase handling capacity which involved reorganisation of the port area (additional capacity of 14,000 TEU's) and opening of new ICD (additional capacity of 10,000 TEU's). This is complimented by supportive tariff for ICD and punitive tariff for overstayed containers within the port. New customs procedures which include online submission of declarations and supporting documents, reduced percentage of physical verifications, partial submission of manifest all have contributed positively to reduce dwell time. Efforts are now geared towards implementing a single window port community system PCS TO FURTHER REDUCE CONTAINER DWELL TIME TO 5 DAYS.
Establishment of ICD was meant to create additional space of approximately 10,000 TEU's as pointed out earlier.
All transit containers were excluded in the process of being sent to ICD in order to reduce the inconvenience to the customers and also get rid of the double handling that would be created by sending the transit containers to ICD.
ICD are currently working as an extension of the port and hence monitoring of transit containers not sent to ICD will be easily monitored. Therefore this will not be subjected to any charges since all transit containers will be stationed at the port.
 
NTB-000-101 1.2. Government monopoly in export/import 2009-07-26 Zimbabwe: Ministry of Agriculture South Africa Resolved
2010-11-22
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Complaint: Zimbabwe has single marketing channel for basic commodities.  
Resolution status note: Zimbabwe reported that this is no longer obtaining.  
NTB-000-394 1.1. Export subsidies
A84: Inspection requirement
Policy/Regulatory
2011-01-15 Angola: At the point of offloading. South Africa Resolved
2015-04-07
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Complaint: Ministry of Agriculture in Angola has implemented decree Nr 02/08. This decree requires the inspector to be present at the time of offloading, and to draw samples per load, line item and batch. As there are on average over 100 lines per container and more than one batch per line, this can result in as many as 300 samples being drawn per container. The remaining items will need to be placed in quarantine until testing is finalized and release given.
Given that on average 3 containers arrive in Luanda daily, more than 900 items from Shoprite alone will create a problem for the Lab. Their turn around time of 3 days will be impossible to maintain.
Many of the products are also time sensitive, which means that by the time final release is given, there may be very little shelf life left, if at all.
Then there is also the cost to consider. Sampling and testing is part and parcel of the business but taken to the extreme as is the case here, it becomes a very costly and ultimately damaging excercise both to the Business and the end consumer (reduced shelf life, less choice).

Suggestions:

1. Allow a South African authority (SABS, NRCS) to sample and inspect the goods before dispatching and issue a certificate against the findings, to accompany the load.

2. Allow Shoprite to send samples of the goods onboard via courier company so that the inspection can commence and thus be completed and the certificates issued by the time that the load arrives at the store level. The batch number can be verified by an independant body.
 
Resolution status note: On 7th April 2015, South Africa Focal Point reported that they had received confirmation from the complainant that NTB 394, reported by SA against Angola should be recorded as 'resolved' because what was complained about had not been enforced  
Products: 0401.10: Milk and cream of a fat content by weight of <= 1%, not concentrated nor containing added sugar or other sweetening matter and 1601.00: Sausages and similar products, of meat, offal or blood; food preparations based on these products  
NTB-000-411 1.1. Export subsidies
A15: Authorization requirement for importers for sanitary and phytosanitary reasons
2011-03-23 South Africa: National Dept Agricultural Registrar : Act no 36 of 1947 South Africa Resolved
2011-04-21
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Complaint: My company submitted renewal of existing Farm Feed Registrations at 12 Dec 2010
All the FF regestrations have expired on 28 Feb. 2011
We have enqeired numerous times on the renewal with no satisfaction.
Th ecompany is stuck with 1000mt of cotton oilcake and 100mt of meat and bone meal that can not come in to South Africa from Zimbabwe and Namibia
The local feed plants and feed lots are running out of stock with no local stocks to supply. We therefore seek help to have our applications processed by the relevant Ministry/Department
 
Resolution status note: The Department of Agriculture & Fisheries renewd the licence on 28 March 2011  
Products: 1207.2: - Cotton seeds :  
NTB-000-425 8.7. Costly Road user charges /fees
Policy/Regulatory
2011-07-21 Democratic Republic of the Congo: Kasumbalesa South Africa Resolved
2016-10-07
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Complaint: DRC transit charges are too exhorbitant. For example, a truck delivering to Tenke, will have to pay $340 + 750 + 125 + 125 = $1340 for one return trip.That is, providing the truck doesn’t wait more than one day at the Zambian border.
There have been many complaints about it, but little seems to be done. There are ongoing efforts by the RFA and other stakeholders to get the toll fees as low as possible yielded some positive resulted in a once off reduction of the fees which still are too high. Each trip through Kasumbalesa to Lubumbashi costs a staggering US$ 125.There is need for transparency and fair toll fees at regional level.
 
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-523 7.1. Arbitrariness 2012-08-06 Democratic Republic of the Congo: On all roads South Africa Resolved
2012-12-03
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Complaint: This complaint is registered by FESARTA.
the traffic police and other authorities in DRC, are enforcing a 40km/hr speed limit on all roads.
If the speed is exceeded, a spot fine of US$500 is imposed.
If the truck is impounded, a further US$100 per day is charged for parking.
This is an unacceptable acitivity, since the normal speed limits are clearly marked with road signs.
40km/hr throughout the country is not a realistic speed limit.
 
Resolution status note: On 02 December 2012, the Department of Transport in the DRC advised that an agreement between the drivers and the DRC government was reached that , until 30 January 2013, there will be no speed limits imposed. The DRC government will look at the drivers behaviour and will come back with a final solution to this issue after 30 January 2013.  
NTB-000-478 8.6. Vehicle standards
Policy/Regulatory
2011-12-20 Mozambique: Delegação Aduaneira de Cuchamano South Africa Resolved
2015-02-10
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Complaint: Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres.  
Resolution status note: On 31st May 2012, Mozambique reported that , consultations were held with authorities responsible for transport regulations which submitted the following update:
Decree 14/2008 of 25 June 2008, “approves the Regulations for weights and dimensions, Combinations and spreading of Cargo in Motor vehicles and Trailers and revokes Articles 18, 19, 24, and 27 of the Road Code”
Article 5 “ Maximum dimensions”
Nº. 1. The contour of vehicles involving all accessories, except rear view mirrors and direction indicators may not exceed the following values regarding the types of vehicles:
A. Length:
a) Vehicle with one or more axles -13m
b) Articulated vehicles with 3 or more axles -18m
c) Sets Vehicle-trailer -22m
d) Trailers with one or more axles -13m
e) Trailers for agricultural traction of:
i. One axle -7m
ii. Two or more axles -10m
B. Width - 2,60 m
C. Height - (measured from the ground) – 4,3m~
Nº. 2. Articulated vehicles specially adapted and approved by the National Traffic Institute for the transport of containers. The maximum length for this type of vehicles is 16,50m.
N° 8. The National Traffic Institute may authorize:
a) The transit of vehicles that transport indivisible objects that exceed the limits;
b) The registration or transit of special vehicles with dimensions exceeding the limits.
This Article must be read with Article 58 (1) of the new Road Traffic Code - Decree Nº 1/2011.
Art. 58 “Special Authorization”
N.º 1. According to the conditions specified in the Rules, INAV may allow the transit of vehicles exceeding the weight or dimensions legally allowed or transporting indivisible objects that exceed the size of the vehicles.
N.º 2 The referred authorizations require a favourable opinion from ANE and the Municipal Councils, depending on the cases, regarding the nature of the road paving, the resistance of art works along the routes or the technical specifications of the public roads. Thus limiting the access of such vehicles to roads whose specifications allow such transit.
From the above mentioned articles it is understood that, although the law specifies the limit of 16.5 m, the transporter or operator may request from INAV a “Transit Permit” which will involve police escort. This permit costs 398, 00MTn which is equivalent to approximately R 110.00.

Vehicles are expected to conform to the decree.
 
NTB-000-478 8.6. Vehicle standards
Policy/Regulatory
2011-12-20 Mozambique: Delegação Aduaneira de Cuchamano South Africa Resolved
2015-02-10
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Complaint: Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres.  
Resolution status note: On 10 February 2015, Mozambique Focal Point requested that this NTB be resolved on grounds that FESARTA was not forthcoming with additional information on proof of payment and the place where the accident occurred to assist with the investigation on the incident. Further, according to the existing Regulation (Decree 14/2008 of 25 June), it should be noted that Mozambique does not have infrastructure prepared to adopt the specifications of South Africa, so that the movement of carriers in Mozambique is made on specific routes. The Portuguese version is uploaded onto the system for reference. However, Mozambique was working towards adapting their laws in line with SADC recommendations about size and weights of vehicles.  
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