| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-423 |
7.1. Arbitrariness |
2011-07-12 |
Mozambique: Dondo |
Zimbabwe |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Zimbabwe transport hauliers companies continue to have problems with certain Mozambique authorities. Mozambique authorities (Police at Dondo) are not accepting certified copies of registration books on grounds that if the vehicle does get stolen there are no legal document to prove the vehicle belongs to transporting company. CVR amendments are also not accepted. It looks like the Police are unnecessary targeting Zimbabwe registered vehicles. They are being unreasonable with their fines which are imposed citing very minor faults on vehicles. The police at Dondo hassle the drivers and find no apparent reason to issue tickets.
Forbes border post is hassling drivers, especially the agriculture department. They say that an agriculture permit is required but the documents s gets checked in Beira, Dondo and Inchope. But when they get to the border they claim that this permit is required. |
|
|
Resolution status note:
|
In a consulative meeting held between SADC Secretariat and Focal Points on 19 September 2011 in Maputo, Mozambique reported that, according to existing laws, it is illegal to carry notarised documents. The SADC secretariat in liaison with reporting and imposing country, will facilitate further consultations on the matter if necessary.
2. With regards to agriculture documentation, Moambique reported that documentation is processed by the relevant departments and institutions at the border , therefore this issue does not arise and is considered resolved |
|
|
NTB-000-422 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2011-07-04 |
Zambia: Chirundu - Lusaka Highway |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Zambia is enforcing a requirement under the CONSTRUCTION AND USE REGULATIONS OF THE ROADS AND ROAD TRAFFIC ACT CAP 464, SECTION 17 (2) OF THE SUBSIDIARY LEGISLATION imposing a fee of K180, 000 on all trucks using the Zambian roads without mud flaps , unless the truck or trailer is made in such a way that it can capture the mud, water and flying stones coming out of the wheels of the truck. This requirement is not imposed by all other countries on the transit routes. There needs to be understanding amongst member states that they be flexible with enforcement on foreign vehicles and accept those that have valid roadworthiness certificates from their countries of registration. |
|
|
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,Zambia clarified that the charge on trucks without mud flaps is applied on all vehicles, local and foreign and therefore not discriminatory. This is a legal requirement. It was resolved that this NTB be recorded under the schedule of ‘Resolved’ NTBs of policy and regulatory nature for further consideration |
|
|
Products:
|
1703.90: Beet molasses resulting from the extraction or refining of sugar |
|
|
NTB-000-421 |
7.8. Consular and Immigration Issues
Policy/Regulatory |
2011-07-07 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2013-04-13 |
View |
|
Complaint:
|
A comercial truck driver's trip was rejected entry into Zambia ,the driver was rejected entry after the expected required number of days (90) allowed entry into Zambia had expired within a period of 12 months . The company was required to pay ZK 2 million for a three month permit. The fees are too exhobitant especially for small scale transport companies. Visa restriction on the movement of commercial vehicle drivers on duty have been experienced in Angola, Namibia, South Africa and Zambia. |
|
|
Resolution status note:
|
Pursuant to the SADC transport Protocol signed by Heads of States on the 22nd August 1996 in Maseru, Lesotho and the Memorandum of Understanding (MoU) on Walvis Bay -Ndola-Lubumbashi Corridor signed in March 2010 in Livingstone, Zambia, Zambia directed all Regional Immigration Officers to issue one (01) year Transit Permit to all Foreign truck drivers. The Truck Drivers permit is issued in aacordance to section 32 ,Border Pass and Transit Permit of the Immigration Act of Zambia implememnted from 09 December 2011. |
|
|
Products:
|
1511.10: Crude palm oil |
|
|
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 |
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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-000-417 |
7.5. Lengthy procedures |
2011-04-01 |
Zambia: Mwami |
Zambia |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Small cross border traders who wish to register for a Taxpayer Identification Number (TPIN) are delayed for at least a day while waiting for that number to activated to enable them to be exempted from paying Advance Income Tax (AIT). |
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|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation , Zambia reported that Zambia Revenue Authority effected the mandatory use of the Tax Payer Identification Number (TPIN) on ASYCUDA with effect from 1st January 2011. TPNs are issued once and are valid for life to both individuals and registered companies. Issuance of TPINs has been decentralized and can be completed within a day. Only 2 of the 15 stations/borders are not connected to the fibre optic linking the ASYCUDA but these can still communicate with assistance from Head Quarters and other stations. Taxpayers are encouraged to obtain TPINs in advance before importing goods. |
|
|
NTB-000-416 |
5.10. Prohibitions |
2011-01-01 |
Zimbabwe: Victoria Falls |
Zimbabwe |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Zimbabwe government absolute ban of the importation of potatoes and tomatoes |
|
|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that there is no ban on importation of tomatoes and potatoes as reported by the Ministry of Agriculture at the NMC meeting held on 21 July 2011. |
|
|
Products:
|
2002.10: Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid |
|
|
NTB-000-414 |
1.1. Export subsidies
B33: Packaging requirements |
2011-03-01 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2011-05-10 |
View |
|
Complaint:
|
Ban on plastics of thickness less than 30 micro meters |
|
|
Resolution status note:
|
The ban is being effected under Statutory Instrument 98 of 2010 - Environmental Management (Plastic Packaging and Plastic Bottles) Regulations , 2010 issued by the Minister of Environment and Natural Resources Management in terms of section 140 of the Environment Management Act ( Chapter 20:27) to protect the environment |
|
|
Products:
|
3923.29: Sacks and bags, incl. cones, of plastics (excl. those of polymers of ethylene) |
|
|
NTB-000-413 |
7.9. Inadequate trade related infrastructure |
2010-03-31 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Crossborders buses are not allowed to cross over Kariba Bridge, which in turn will force a number of cross border traders to use Chirundu via Makuti which is expensive to the traders then(can the tonnage limit be reviewed by Zambezi River Authority and the Ministry of transport) |
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|
Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that a eeting between Zimbabwe and Zambezi river Authority had agreed on th elifting of the ban. The ban has been lifted to allow cross border buses and small commercial transport of up to 11tonnes to use the bridge. |
|
|
Products:
|
0302.11: Fresh or chilled trout "Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster" |
|
|
NTB-000-412 |
2.3. Issues related to the rules of origin |
2009-05-08 |
Sudan: Port Sudan sea port |
Kenya |
Resolved
2015-01-19 |
View |
|
Complaint:
|
Sudan customs authorities refused to recognise COMESA certificates of origin for the export of laundry soap noodles manufactured in Kenya. The soap noodles are packed in 25kgs PP woven bags. |
|
|
Resolution status note:
|
On 19 January 2015, Kenya focal point reported that, ideally Sudan Customs should have requested COMESA for a verification mission to Kenya, but the issue was left hanging. Kenya would therefore want this NTB removed from the outstanding NTBs ‘as resolved’ on grounds that the affected company had advised Focal point to close the case since they are no longer exporting soap noodles to Sudan. The NTB shall be registered afresh if it features again. At that point, reporting company will be requested to provide the supportive documents with current dates. |
|
|
Products:
|
3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
|
|
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 |
View |
|
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-000-407 |
7.9. Inadequate trade related infrastructure |
2011-03-07 |
Tanzania: Rusumo-Dar es Salaam Road |
Rwanda |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Weigh Bridges permanent and Temporary ones.... they do not respect the papers that state the weight carried so they force the drivers to weigh another challenge is that, there is no uniformity in the weights that the various weigh bridges present. |
|
|
Resolution status note:
|
The 10th meeting of SADC Trade Facilitation Committee held onb 14-15 June 2012 accpeted Tanzania's explaination that problem arises due to packaging and loading of containers at the port. If containers are not properly packed, goods move while on transit and affect weigh on an axle. Distribution of weight on an axle may be correct at point of departure, but after some distance, it may change as cargo moves. Since weighing is on axles not cargo, different
numbers may be recorded at a weigh bridge. It was reported that sensitization was already being undertaken to alert traders to reduce the possibility of movement of goods inside containers while in transit by packing properly.Tanzania is modernizing the weighing equipment so as to have electronic devices that cannot be tempered with and can keep records. This will contribute towards solving this problem. This NTb was therefore considered resolved on the basis of sensitization work in progress as well as modernisation programme. |
|
|
NTB-000-402 |
7.4. Costly procedures
Policy/Regulatory |
2011-03-01 |
Mozambique: Ministry of Finance |
Mozambique |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Withholding tax is charged on payment to any company not registered in Mozambique. Any truck from a neighbouring country delivering goods to Beira is required to pay this tax on any backload which it may return with to its home destination. In practice this leads to the belief that no foreign truck can collect goods from Beira Port |
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|
Resolution status note:
|
Mozambique reported that for all foreign operatorso undertake commerciaal transit operations, in that country, they must be conform to requirements as per article 25 of the ministerial decree 10/2002 of January 30th. |
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|
Products:
|
2523.29: Portland cement (excl. white, whether or not artificially coloured) |
|
|
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 |
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|
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. |
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|
NTB-000-400 |
1.1. Export subsidies
A52: Irradiation |
2011-02-22 |
South Africa: The Department of Trade and Industry |
Zambia |
Resolved
2015-08-10 |
View |
|
Complaint:
|
The Zambian honey sector have come against repeated resistance from the South African authorities to allow organic honey to enter the South Africa market without the unnecessary requirement of irradiation. Therefore, our traders are requesting the South African government for an exemption from the irradiation requirements for the importation of honey from Zambia as set out by the National Department of Agriculture (RSA).
An analysis undertaken by the National Department of Agriculture (NDA) of South Africa collected honey samples from across Zambia during a national disease survey funded by the World Bank in conjunction with the Department of Agriculture of Zambia. The findings of this analysis by the NDA reveal that there is no American Foulbrood Disease in Zambia. |
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|
Resolution status note:
|
South Africa advised that all honey exports from Zambia were now accepted into that market. |
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Products:
|
0409.00: Natural honey |
|
|
NTB-000-399 |
7.3. Corruption |
2011-02-21 |
Zimbabwe: kariba border post |
Zimbabwe |
Resolved
2012-03-28 |
View |
|
Complaint:
|
Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating |
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Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that complaints relating to bribery should be reported immediately to the officer in charge for traceability and immediate action besides the online system for transparency. This could have been a once off incidence |
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NTB-000-399 |
7.3. Corruption |
2011-02-21 |
Zimbabwe: kariba border post |
Zimbabwe |
Resolved
2012-03-28 |
View |
|
Complaint:
|
Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating |
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Resolution status note:
|
This issue was discussed by the National Monitoring Committee at their workshop held on 21 July in Harare which noted that such incidences do occur and proposed that the concerned authorities, namely Police Department and the Ministry of Industry and Commerce take up the matter for investigation with a view to putting in place systems for detterement of such practices in future.
On 22 March 2012, Zimbabwe Revenue Authority Focal Point reported that ZIMRA had since had consultations with Zimbabwe Republic Police on this once off incident. The two parties expect that this would not happen again. The Lake Harest Company was advised that, in future , they should report such incidences immediately either to ZIMRA or the the Senior police officers at Kariba so that they are dealt with immediately . This matter is therefore considered resolved |
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NTB-000-398 |
7.8. Consular and Immigration Issues |
2011-02-22 |
Mozambique: Ministry of Interior - Immigration Department |
Mozambique |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Foreigners are required to have a biometric document, either visa or residence document. This document is issued by the Ministry of Interior. The fees for issuing such documents are substantially higher than the cost of issuing the actual document, given that a passport containing a number of pages is charged at a much lower rate than a visa or residence document, while a visa is a sticker in a passport and a residence document is a simple plastic credit card-style ID. In addition for any national that is not from a Lusophone country a surcharge is levied over and above the cost of issuing the document. There is no indication of what this surcharge is levied for, since it does not equate to the service of actually issuing the document (which is covered by the actual document fee). |
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|
Resolution status note:
|
Mozambique reported that there is no regional fee standard to benchmark with. Visas are issued by a private sector company. Ministry of Interrior does not therefore control the visa fees. |
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|
Products:
|
98: Reserved for national use |
|
|
NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
|
|
Resolution status note:
|
Mozambique reported that the 15% duty is the applicable duty under her preferential tariff reductions offer to South Africa. Mozambique tariff reduction offer for RSA began in 2011 and goes up to 2015.
The goods in question, classified in HS code 02.10.20.00 is of class C1, according to Mozambique’s offer and the percentage of duties in 2011 is of 5% for the other SADC Member States, while for RSA it’s maintained at 15%. The application of zero (0) tax for 18 months was a result of miss interpretation of the Customs Tariff, a fact that was later corrected by the competent authority. Service Order nº 3, from January 11 from the Revenue Department established a 15% tax for class C1 goods coming from RSA and 5 % for products coming from other SADC Member States. |
|
|
Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
|
|
NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
|
|
Resolution status note:
|
Mozambique confirmed that the duty applied on tariff cod 0210.20.00 is zero. Customs Authorities have rectified the problem and are not charging duty on the product. |
|
|
Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
|
|
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 |
View |
|
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. |
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|
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 |
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