| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-060 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2009-07-22 |
Zambia: Ministry of Transport |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Zambia has is now charging carbon tax of US$40 per trip an increase from the original US$40 per annum. |
|
|
Resolution status note:
|
Zambia reported that she does not charge US$ 40 per trip but charges US$40 per every three (3) months and during that period payment is made only once regards less of how many trips are made until the three months expires. |
|
|
NTB-000-217 |
2.9. Issues related to transit fees
Policy/Regulatory |
2009-07-27 |
Zambia: Zambia Revenue Authority |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
When Zimbabwean goods are exported to DRC via Zambia, Zambian authorities require that a bond guarantee be deposited with Customs authorities to safeguard the goods in transit. Zambian authorities call for the bond guarantee to be paid in hard currency at port of entry but refunds are made in Zambian currency at port of exit. The Zambian currency may be of no use to the exporter in the country of destination of the products or country of origin. |
|
|
Resolution status note:
|
Zambia reported that all payments to Zambia Revenue Authority (ZRA) are in Zambian currency (Kwacha). Based on existing legislation which is consistent with international best practices, all goods transiting through Zambia are expected to be on a transit document (and covered by transit bond/security) or a monetary deposit on all those without bond cover. With the newly introduced Electronic Deposit account system in place, clients who pay a deposit at Entry point are able to get the refund at the Exit point provided they comply with deposit conditions. |
|
|
NTB-000-220 |
2.2. Arbitrary customs classification |
2009-07-28 |
Zambia: Zambia Revenue Authority |
Zambia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The valuation of imported goods carried by Small cross border traders is not transparent. Customs officials rely on power to impound imported goods to make small scale cross border traders pay rather suspicious duties. |
|
|
Resolution status note:
|
Zambia reported that she is using the WTO Customs Valuation procedure, and has an appeals mechanism to address complaints from the traders |
|
|
NTB-000-223 |
5.1. Quantitative restrictions |
2009-07-28 |
Zambia: Ministry of Trade |
Zambia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Restricted importation of fruits and vegetables |
|
|
Resolution status note:
|
Zambia reported that she does not restrict the importation of fruits and vegetables as long as they fulfill the necessary import requirements. |
|
|
NTB-000-225 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2009-07-28 |
Zambia: Zambia Revenue Authority |
Zambia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
An Escort fee of either K900 000.00 or K800 000.00 depending on the route is charged. The escort charge covers the expenses for the customs officials who accompany the commercial transit traffic from port of entry to port of exit. |
|
|
Resolution status note:
|
Zambia reported that, under normal circumstances, Customs officers do not accompany commercial transit traffic. If motor vehicles such as trucks need to be escorted they use private escorts who charge them accordingly. These are purely private commercial arrangements between transporters and private escorters. However, if such goods in transit are deemed risky by Customs Officers, then Customs Officers would escort such trucks/vehicles. In such cases, the Zambian law requires that an escort fee be paid to Customs Officers by the transporter, and the fee is dependent on the distance to be covered |
|
|
NTB-000-272 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-08 |
Zambia: Other Zambia |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Issuing of Phytosanitary Certificates for exports of cotton cake to Namibia by Zambian Authorities is too slow. |
|
|
Resolution status note:
|
Zambian reported that authorities process the above certificates as quickly as possible. The only time there is a delay is when the client does not have the right documentation, or has missing documentation |
|
|
NTB-000-285 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-09-08 |
Zambia: Ministry of Trade |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of salt under the SADC Trade Protocol. |
|
|
Resolution status note:
|
Zambia reported that she is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol |
|
|
NTB-000-286 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-09-08 |
Zambia: Ministry of Trade |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of fishmeal under the SADC Trade Protocol. |
|
|
Resolution status note:
|
Zambia reported that she is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol. |
|
|
NTB-000-287 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-09-08 |
Zambia: Other Zambia |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of pasta under the SADC Trade Protocol. |
|
|
Resolution status note:
|
Zambia reported that Zambia is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol. |
|
|
NTB-000-101 |
1.2. Government monopoly in export/import |
2009-07-26 |
Zimbabwe: Ministry of Agriculture |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Zimbabwe has single marketing channel for basic commodities. |
|
|
Resolution status note:
|
Zimbabwe reported that this is no longer obtaining. |
|
|
NTB-000-036 |
4. Sanitary & phyto-sanitary (SPS) measures
A82: Testing requirement |
2004-05-21 |
Uganda: Uganda Bureau of Standards |
Kenya |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Kenya complained that Ugandan authorities were requesting for samples of milk to Uganda Dairy Development Authority for testing and that they were not accepting the certificate of analysis from Kenya Bureau of Standards on Kenyan Products. |
|
|
Resolution status note:
|
Uganda reported that the Uganda Dairy Development Authority (DDA) has never denied entry of milk from Kenya except for a one-off incident that happened in 2007 where the denial of entry was attributed to the water content, about 27%, in the imported milk.
The Uganda DDA respects quality certification from the country of origin and does not subject that milk to fresh certification. Some companies however prefer to bring into Uganda samples for analysis but neither the Uganda National Bureau of Standards (UNBS) nor the Uganda (DDA) analyze items that have been analyzed by the Kenya Bureau of Standards( KEBS). They only monitor and consult with the sister bureaux of standards in the EAC Partner States. |
|
|
Products:
|
0402.10: Milk and cream in solid forms, of a fat content by weight of <= 1,5% |
|
|
NTB-000-347 |
5.1. Quantitative restrictions |
2010-02-09 |
Botswana: Ministry of Agriculture |
Botswana |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Botswana regulates importation of grains |
|
|
Resolution status note:
|
Botswana reported that it has multi channel maize marketing. Ministry of Agriculture issue import permits to ensure balance between local sourcing and importation. |
|
|
NTB-000-055 |
2.3. Issues related to the rules of origin |
2009-02-09 |
Madagascar: Customs Department |
Mauritius |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Mauritius reported that Madagascar has doubt on the originating status of sopa exported by Maniprove Company of Mauritius to Sarvonnerie Tropicale Company in Madagascar |
|
|
Resolution status note:
|
Madagascar reported that elimination of this NTB is being done progressively |
|
|
Products:
|
3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
|
|
NTB-000-387 |
7.9. Inadequate trade related infrastructure |
2010-12-03 |
Zimbabwe: Victoria falls |
Zambia |
Resolved
2011-06-06 |
View |
|
Complaint:
|
Flt Ks 131 ACK 5928/ACE 6891 T/ ACC 4918 T. This vehicle has a GVM of 54.4 tons on the Lstone weighbridge but is declared at 57.13 tons in Vic Falls.
The truck has been refused a reweigh for 4 days which is against the normal practice.
This is an electronic weighbridge and from vast experience on Zambian weighbridges, it is suspected that the weight is recorded incorrectly by the operator pressing the enter button before the weighbridge settles and therefore recording a higher weight than actual.
Zimbabwe is also charging exccessive fines above the SADC recommended scale of fines by demanding a rate massively in excess. Zimbabwe also does not give a percentage allowance as per SADC agreement. |
|
|
Resolution status note:
|
On 06 June 2011, Zimbabwe reported that that the Victoria Falls Weighbridge was calibrated (standardised) in mid-March 2011. The Ministry of Industry and Commerce's Trade Measures Department together with the Vehicle Inspection Department (VID) carried out the standardisation process. Zimbabwe has not yet received any complaints since then. |
|
|
NTB-000-388 |
8.7. Costly Road user charges /fees |
2011-01-30 |
EAC |
Tanzania |
Resolved
2014-05-15 |
View |
|
Complaint:
|
There are too many roadblocks along the major hoghways in EAC partner states. Too many stops points (police check points ) that cause unnessary delay of goods from ports to various destinations in the partner states. |
|
|
Resolution status note:
|
On 15th May 2014, Kenya Focal Points reported that this NTB had been resolved. KRA abolished the requirement of Cash bonds as recommended by the EAC regional forum on NTBs and Council . What is required and applied is a general bond . Therefore the NTB should be recorded as resolved. |
|
|
NTB-000-389 |
7.3. Corruption |
2011-01-28 |
Kenya: Sirari Border Post |
Tanzania |
Resolved
2011-08-29 |
View |
|
Complaint:
|
Police officers at the Kirumu check point are harrassing Truckers bringing goods to Tanzania through Sirari border post. The harrassment is associated with attempts to solicit for bribes. Truck owners claimthat although they usually have all the customs receipts pertaining to the merchandise they are carrying, police officers have continued to hassle them for no apparent reasons. |
|
|
Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported a necessary disciplinary action had been taken to address this problem. |
|
|
NTB-000-390 |
2.10. Inadequate or unreasonable customs procedures and charges |
2011-02-14 |
Mozambique: Customs |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
Specific types of packaging are required to export perishable items to the UK. The packaging materials are not available in Mozambique. They can be imported duty-free as long as the exact same number are re-exported. This is almost always impossible because a small percentage of packets always get damaged in the packing process. However if the exact same number of packets are not exported then the company is required to pay duty on the full number of packages imported, not only on the damaged ones which are not re-exported |
|
|
Resolution status note:
|
Mozambique explained that the temporary import of taras and other materials or equipments is legislated by article 28 of the decree 34/2009 of July 6th. For this process duty is not paid at the country entrance. Number 6 of the same article states the various guarantee terms to which such imports are subject. By rule, these must cover the revenue at risk from the damaged packaging and of those whose regularization may not have been justified by re exportation to the origin or definitive importation for local consumption.
In a meeting held between SADC Secretariat and Mozambique focal points, Mozambique reported that duty is only charged only on the damaged packages which are not re-exported. Any company experiencing further problems is advised to consult director of Customs. |
|
|
Products:
|
0703.10: Fresh or chilled onions and shallots |
|
|
NTB-000-391 |
7.4. Costly procedures |
2011-02-14 |
Mozambique: Ministry of Finance |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
Withholding tax of 20% is charged on any payment made to a company not registered in Mozambique. Export of fresh produce to Europe by airfreight, or to South Africa by refrigerated road haulage cannot be carried out by any company registered in Mozambique. Therefore payment to service providers such as international airlines and road hauliers engaging in export of perishable goods to Europe or South Africa is subject to payment of 20% withholding tax. International airlines and road hauliers do not accept the deduction of this tax meaning the exporting company based in Mozambique must assume this as a cost, thus increasing the cost of export products, and reducing the margin made on exporting these products |
|
|
Resolution status note:
|
At the consultative meeting held between SADC Secretariat and Mozambique NTBs focal Points in Maputo on 19 September 2011, Mozambique reported that all compaines doing commercial business in the territory must be registered in that country. Foreign haulage companies wishing to participate in local business must therefore conform with legal requirements. |
|
|
Products:
|
0708.10: Fresh or chilled peas "Pisum sativum", shelled or unshelled |
|
|
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) |
|
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