| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-238 |
7.6. Lack of information on procedures (or changes thereof) |
2009-08-13 |
SADC |
Mozambique |
Resolved
2011-02-06 |
View |
|
Complaint:
|
Mozambique is experiencing difficulties using the NTBs online reporting system because it does not have a portuguese version. It is not enough to translate the user guide because users need to intract with the system itself. The secretariat should urgently look into this issue to enable Portuguese speaking countries to utilise the system. |
|
|
Resolution status note:
|
Website has been translated into French and Portuguese languages |
|
|
NTB-000-341 |
2.3. Issues related to the rules of origin |
2009-12-11 |
Mozambique: Ministry of Health |
Mozambique |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Importers of Medicine experience serious clearance delays because pre -inspection certificate is issued on time. |
|
|
Resolution status note:
|
Mozambique reported that the obligation of pre- inspection in medicine import is not a NTB, because the medicine are listed as positive range of products whose the import process requires pre-shipment inspection and a permit from the Ministry of Health |
|
|
NTB-000-342 |
2.3. Issues related to the rules of origin |
2009-12-11 |
Mozambique: Mozambique Revenue Authority |
Mozambique |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Alfandegas and SARs are taking too long to verify origin of imported Rajah Medium curry powder after Alfandegas queried origin in September 2009.The importers have to pay deposits and authorisation to get the pay the deposit takes up to 22 days thereby increasing standing time at Frigo from an average of two days to as high as 22 days for some loads. The delay has costed the importers since Rajah curry risks insect infection while at Frigo. |
|
|
Resolution status note:
|
Mozambique reported that the process of verification takes maximum 24hrs on the Mozambique side. However, clearing agents appointed by importers delay in submitting required information hence the delays. |
|
|
NTB-000-343 |
2.3. Issues related to the rules of origin |
2009-12-11 |
Mozambique: Mozambique Revenue Authority |
Mozambique |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Alfandegas and SARS are delaying verification of rules of origin for Sunlight dish washing liquid made in South Africa costing the importer as they have to pay deposit to Alfandegas since September 2009. The delays in authorizations for payment of deposits has cost the company as they have to pay demurage charges for tyransporters , increased parking fees at Frigo to wait as much as up 22days to get authorization |
|
|
Resolution status note:
|
Mozambique reported that once discrepancy in the certificate of origin, is noted, the freight forwarder completes questionnaire for clarification. If the doubt prevails the importer must pay surety while verification is done to determine origin to qualify for preferential treatment. Qualifying goods are released but
Process remains open until confirmation by DRO if the goods meet the conditions necessary to benefit from preferential treatment.
Inefficiency of the freight forwarder in answering the questionnaire and follow the subsequent steps contribute to delays. Timely processing takes no more than 72 hours to be released early by the surety. |
|
|
NTB-000-340 |
2.13. Issues related to Pre-Shipment Inspections |
2009-12-10 |
Mozambique: Mozambique Revenue Authority |
Mozambique |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Importers of medicine experience delays in clearance because pre-inspection certificates are not issued on time. |
|
|
NTB-000-083 |
2.5. Decreed customs surcharges
Policy/Regulatory |
2009-07-23 |
South Africa: Ministry of Agriculture |
Mozambique |
Resolved
2010-11-22 |
View |
|
Complaint:
|
South Africa imposes surcharges on various agricultural products. |
|
|
Resolution status note:
|
South Africa reported that the Marketing Of Agricultural Products Act of 1996 (MAP Act), as amended, provides for the establishment of statutory measures, namely statutory levies, control of exports of agricultural products, records & returns, and registration |
|
|
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) |
|
|
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-000-395 |
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-000-398 |
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). |
|
|
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. |
|
|
Products:
|
98: Reserved for national use |
|
|
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-000-402 |
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 |
|
|
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. |
|
|
Products:
|
2523.29: Portland cement (excl. white, whether or not artificially coloured) |
|
|
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-000-513 |
1.14. Lack of coordination between government institutions |
2012-04-19 |
Zambia: Livingstone |
Mozambique |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Zambian Ministry of Public Works has different operating hours compared to other border agents. On the 19th of April I got to the border at 6:30pm was cleared by both Immigration and Customs but was told that I would have to return to the border the next day because the Public Works officer had already left and I could not continue my trip without pay the toll fee.
When I enquired about this officer's working hours I was told that he left between 4 and 5pm but the border only closes at 10 pm (if memory serves me right). |
|
|
Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Zambia reported that the differences in the working hours for the different agencies had been brought to their attention and that all border agencies operate at the same operating hours. |
|
|
NTB-000-516 |
2.9. Issues related to transit fees |
2012-07-01 |
Eswatini: Ngwenya |
Mozambique |
Resolved
2013-06-10 |
View |
|
Complaint:
|
My family and I were requested to pay an "alledged" import duty for groceries valued at around 800 Rands even though we clearly stated that we were in transit travelling from South Africa to Mozambique. The customs official kept insisting that we would be given a receipt and to our amazement the receipt had my husband's name but instead of his addressing being Maputo it was registered Manzini.
Would the Swazi focal point(s) please clarify if this is the usual procedure for goods transiting Swazilang, whether commercial or for personal consumption |
|
|
Resolution status note:
|
On 10 June 2013, Swaziland Focal Point reported that the matter had been settled with the complainant after all information supplied was verified with Swaziland Revenue authority requirements for th eimportation of personal goods. |
|
|
NTB-000-532 |
8.8. Issues related to transit |
2012-09-10 |
Mozambique: Along the Tete to Calomue/Dedza route, on the North-South Corridor |
Mozambique |
Resolved
2012-12-18 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Drivers of trucks that transport fertilizer from Beira to Malawi, are being attacked and killed along the Tete to Calomue route. Then the loads are being taken through the Calomue/Dedza border into Malawi, and sold there. The trucks are then abandoned. Drivers bodies are found by the side of the road days later. The Mozambique transporters are demanding urgent talks with the Sofala Governor, and commander chief of police, to enforce the patrol on the Beira corridor and find the killers.
It has happened three times:
• A Malawian fuel truck was hijacked and the driver and passenger killed a month ago
• Two weeks later, a truck loaded with fertilizer to Malawi, driver killed and load taken to the Malawi border, sold there and truck taken back to Tete bridge and abandoned
• Last week another truck with fertilizer was hijacked, driver killed and load taken to uncertain place
Satellite tracking has shown that the trucks are hijacked at Angonia village, not far from the Malawi border.
This most serious situation has to be dealt with urgently. |
|
|
Resolution status note:
|
On 17 Decemebr 2012, Mozambique Focal point reported that the Tax Authority of Mozambique did their due diligence in the central part, which resulted in the arrest of two culprits by the Police Authorities in Tete-Calomué-Dedza region. A detailed report from Mozambique Police authorities is given below :
1. The two arrested culprits (Names provided) have been brought before the courts and are responding criminally for their offences in the Courts of the city of Chimoio and Bárue respectively.
2. Investigations carried out by Mozambique Police found that the drivers themselves have created favorable environment for the Commission of such acts, by collaborating with culprits who generally were selling fuel siphoned from vehicles or tanks, and because these businesses cannot be performed often in villages, drivers ended up giving a ride to these people some of whom are criminals to places that they felt safer and then committed the crimes such crimes as charged.
3. Mozambique is therefore urging member states to adhere to regional transit agreements under the COMESA-EAC-SADC, and also urge the institutions or companies that exploit Mozambique highways to instruct their drivers not to collaborate with the criminals on the roads and not get involved in swindling their employers through selling fuel to street vendors on highways where they end up risking their own lives. |
|
|
NTB-000-598 |
8.7. Costly Road user charges /fees |
2013-07-10 |
Mozambique: Tete Bascala,Tete Bridge |
Mozambique |
Resolved
2015-02-10 |
View |
|
Complaint:
|
There is a charge only on foreign vehicles over 3500kg crossing the Tete bridge initially US$250 and then US$75 every time the vehicle crosses the bridge. The vehicle involved is a Crane truck used in construction sites in and around Tete.
The vehicle can travel all the way from Maputo and operate on the south side of the river without paying any fees but is charged the above very high fees once it goes to the north side of the bridge. |
|
|
Resolution status note:
|
On 10 February 2015, Mozambique focal point reported that the fees are regulated through the Decree No. 26/2010 available in the online system and that the USD75 fee is only applicable to cross the north bridge. According to the decree establishing the rates, foreign vehicles must pay a stipulated fee of 75 USD on the bridge. However, as indicated by complainant, the vehicle can use alternative route and travel all the way from Maputo and operate on the south side of the river without paying any fees. With this explanation, Mozambique considers the NTB resolved because there is alternative route for foreign vehicles. |
|
English
Français
