| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-585 |
8.8. Issues related to transit
Policy/Regulatory |
2013-04-29 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2013-09-11 |
View |
|
Complaint:
|
New transit procedures are causing a lot of delays in the clearance of transit cargo through Mozambique Ports. According to the new transit procedures, Malawian transporters /clearing agents are requested to make cash deposits bond requirements to the Mozambican customs at the borders or prior to transit clearance at the Port of discharge to Malawi and other neighbouring countries like Zimbabwe, Zambia, among others. According to Mozambique, the requirement is made because transit goods end up disappearing within Mozambique and their Government lose a lot of revenue. In addition to that, customs clearing and Forwarding Agents need to undergo re-registration formalities.
The major problem about these issues is that most Malawian businesses were not aware and there is a crisis at the borders with a lot of Malawian trucks that cannot clear. Even on the part of Mozambican customs they are also learning the new system. |
|
|
Resolution status note:
|
On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.
Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.
The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.
10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. |
|
|
NTB-000-486 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2012-02-15 |
SADC |
South Africa |
Resolved
2013-05-23 |
View |
|
Complaint:
|
We are a South African Transport Company transporting goods into DRC. We are paying on weekly basis exorbitant road duties in Botswana, Zambia, and Zimbabwe & DRC if we offload loads from Johannesburg RSA to Mutanda DRC. Our cost on a tri-axle on road fee is 1060 Pula on return trip (Martinsdrif to Kazangula and back), insurance 50P for 3 months and then about 100 Pula on a yearly level also. Zambia insurance 300 000KW for year, then toll fee for 285USD on return trip Kazangula to DRC border and back, 200 000KW carbon tax, 70 000KW for extra toll fees on road. Zimbabwe insurance 170USD for year, the 100USD on toll fees, then coupons another 10USD and environmental cost depends on the load and weight up to 160USD & 90USD carbon 3 months. Going into the DRC, border customs parking 133USD, entry fee and costing 350USD, 300USD PEAGE, 4x 150USD for toll fees going to Mutanda and coming back.
None of the foreign trucks from DRC, Zambia, Zimbabwe, Botswana or Namibia pay this cost when entering South Africa. We drive on the roads to supply clients with goods, we provide a service, the same as for the foreign transporters, but they don't pay similarly high costs when entering South Africa. We need an explanation from the countries listed above as to why is this done. At the moment, we give to a driver for one load going to DRC from JHB, 2400USD, 2500 PULA & R5000 to cover these expenses and we cannot increase our rates easily, without risking losing our clients. What can be done about this situation? |
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Resolution status note:
|
Focal Points from Botswana, Zambia and Zimbabwe reported the current standard official charges and argued that these are in accordance established regional protocols. At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013, South Africa focal point requested that the NTB be considered non actionable as they could not trace the complainant.
However, the NTB is considered resolved as it does not fall under the ' non actionable' category of complaints. |
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NTB-000-533 |
7.6. Lack of information on procedures (or changes thereof) |
2012-09-24 |
Zimbabwe: Victoria Falls |
Zimbabwe |
Resolved
2013-06-30 |
View |
|
Complaint:
|
We are importing fuel tankers from South Africa to Zambia. The trailers are SA Registered (Valid licence and Registration Plates - deregistered once in Zambia). The Truck Tractors are from our Zambian Fleet. On arrival at Beit Bridge, the documents are accepted by ZIMRA as trailers being exported to Zambia, drawn on their own wheels, in transit across Zimbabwe to Victoria Falls. The act of exporting the trailers on their own wheels is thus condoned by ZIMRA at Beit Bridge.
When we get to Victoria Falls, we are then told by ZIMRA that exported motorised vehicles must be carried on the back of a flat deck trailer. A statutory instrument is eluded to, but we have yet to see this.
Our arguement is as follows. The trailers have valid registrations and licences (not to mention all the Police Clearances for export), they are not motorised (self propelled), ZIMRA Beit Bridge has condoned the export on wheels and we are actually presenting ourselves at Vic Falls and have not disappeared with the units illegally into Zimbabwe.
Placing these units on flat decks is prohibitively expensive. We are not transporting imported cars from overseas that are deregistered and for which we understand the need to be transported whilst in transit across Zimbabwe on a flat deck etc.
There is no clear statutory instrument that we have seen on exports of this nature eg licenced trailers |
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Resolution status note:
|
On 30 June 2013, Zimbabwe Revenue Authority reported that the treatment by Beitbridge to allow the trailers on their wheels when transiting through Zimbabwe for re-exports to Zambia was the correct treatment. The legislation on movement of goods in transit through Zimbabwe is in terms of Section 234(3) of the Zimbabwe Customs and Excise Act (Chapter 23:02) which reads "Where the goods in transit concerned are motor vehicles, no such motor vehicle shall be driven on any road in Zimbabwe but shall be transported on a long-haul motor vehicle carrier". This requirement was inserted by Act 3 of 2010 and was with effect from 1 November 2010. The requirement only affects motor vehicles and does not affect trailers as they cannot be driven but are rather pulled by mechanical horses. This interpretation had been discussed with the Station Manager Victoria Falls who shared the same view and assured that there would be no issues raised in this regard on trailers being re-exported to Zambia. |
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|
NTB-000-592 |
6.2. Administrative fees |
2013-05-27 |
Mozambique: Posto Fiscal de Calomue |
Malawi |
Resolved
2013-09-26 |
View |
|
Complaint:
|
administrative charges - transporter was requested to pay 10US$ memorandum of understanding fees |
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|
Resolution status note:
|
However, on 05 June 2013, Mozambique focal point advised that all the vehicles transporting merchandise to Calómue frontier, and others are subject to following payments:
1. On transit, revenue authorities shall cover for one Transit Memo the value of 550, 00 MT. Therefore, Custom Affairs would not collect additional funds.
2. On imports, competent memo is emitted with the stamp that guides the clerk driver to a Tete Customs Affairs, to follow-up the process of customs clearance.
The value of 10 000 meticais being paid by the complainant could possibly refer to fees paid to a customs broker. Therefore, Mozambique requested complainant to provide statements specifying who was responsible for this charge, and present the actual payment receipt, or other document that to enable further action on this issue.
As at 26 September 2013, complainant had not submitted proof of payment as per request from focal point Mozambique, so that Mozambique could introduce some measures to resolve the particular complaint. This complaint is therefore considered resolved on grounds that the response by Focal Point could have adequately answered the query. |
|
|
NTB-000-587 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2013-04-01 |
Mozambique: Beira Port |
Zimbabwe |
Resolved
2013-09-13 |
View |
|
Complaint:
|
Various exporter/importers in Zambia , Zimbabwe , Malawi are facing current challenges with Mozambique customs Authorities , whom I believe are part of the SADC grouping . We request SADC secretariat intervention as SADC to salvage the situation which has seriously affected clearance of goods at the following border posts/ports Machipanda , Nyamapanda , Mwanza and Beira Port
The Complaint :
Zimbabwe German Graphite , Samrec Vermiculite ,Zimbabwe Alloys , William Over , Carnaud Metal Box, Zam Beeef , Unicef Containers have stayed in Beira port for a full month , Cornelder the port authorities are charging huge storage bills which in some cases would out weight the value of the cargo . We have had stakeholders meetings with both customs & Cornelder in Beira but Customs have not accepted any responsibility whilst Cornelder insists on collection of storage.
Shipping lines have also placed Freight Forwarders and transit agents on notice for line demurrage as the empties have exceeded their free period but still full inside the port
Some cargo has expiry dates / short life span like photographic material – will get damaged still in port as the documents are still a mission to be processed by customs
Ships / Vessels are going back empty as the cargo ( exports ) can not be loaded before clearance is done – most minerals from Zambia , Zimbabwe and tobacco from Malawi has been affected as the sailing dates are now one month behind and risk order cancellations
Zimbabwe , Zambia and Malawi are now at the verge of losing millions of dollars on these shipments currently stuck in Mozambique some of which are seasonal goods Mozambique
This problem arose because Mozambique customs introduced an electronic clearing system the single window electronic concept – to migrate from manual processing of entries from 01.04.2013 Coupled to it they also introduced the transit bonds registration and the bonds were to be managed electronically like the Zimbabwe/ Zambia situation
The bonds were requested for all of a sudden and the processes are quite long takes at least ….. (number of )weeks during which cargo was coming into Beira and got stuck and at Machipanda , Nyamapanda & Mwanza land borders to Mozambique
? The Single window concept itself has serious setbacks like it relies on network for connectivity which failed daily and could be own for days at outside ports like Machipanda , Nyamapanda , Mwanza , trucks pile at for weeks before any solution has been in sight
? Customs staff at Machipanda , Nyamapanda & Mwanza border post appear inadequately trained to use the new system as a result smaller queries take one to two days to be resolved , Machipanda & Nyamapanda seems to have have inadequate equipment
All the Despachantes were only given one access code per organization which affected the entry processing badly with documents piling as vessels arrived inland and that even for imports from other regional countries , are initiated from Customs in Beira to give reference numbers called Contra Marcas in order to proceed with the clearances
Alfandega had no fall back method in place as they refused to use the manual method to clear the backlog
Request to Mozambique,
1. Mozambique Ministry of Finance is requested to get customs to consider a parallel system to run with the electronic single window programme to clear the backlog in Beira port now and also consider providing release against Report orders to reduce further downtime in port . This will be a stop gap measure until the customs staff are well versed , fully trained and that the new system can work well
2. Mozambique authorities to facilitate arrangements with Cornelder to consider waiving storage for this special situation or at least offer 75% credit on the bills due which I must say are now astronomical based on the days the cargo has stayed in port both imports and exports
3. Mozambique authorities to facilitate arrangements with shipping lines to consider waiving completely the demurrage due on the empty containers or at least give say 15-21 more days grace period before demurrage starts accruing
4. Mozambique authorities to facilitate arrangements that Mozambique customs get technical assistance to assist roll this new programme out without causing huge catastrophies like this
We trust that our request make sense and look forward to getting your valuable assistance |
|
|
Resolution status note:
|
On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.
Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.
The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.
10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. |
|
|
NTB-000-603 |
2.9. Issues related to transit fees |
2013-05-01 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2013-09-13 |
View |
|
Complaint:
|
From May 2013 the government of Mozambique introduced a single window entry customs system which requires transiting goods should pay a transit bond on crossing Mozambique. However since implementation to date the system is not working properly as trucks are forced to stop at borders viz:- Zobue, Cuchamano, Miranje just to mention a few for long periods in some instances x3 weeks to a month before they can be cleared to cross. This is mainly because Mozambique bond is different to the rest of the regions bond sytems. In Mozambique they require a bond agent to post the equivalent amount of bond being applied for in cash value, i.e. if bond is USD1,000,000 then the agent has to hand over USD1,000,000 in cash either to govt or customs for the bond to be established. This has resulted in few people able to afford bond as such only a few agents are available and at the same time goods requiring their services are just huge volumes with huge values that the bonds are not sufficient to carter for all transiters. This is making exporters or importers waste a lot of time at the border thereby missing delivery schedules. At the same time transporters are raising freight charges as they are only able to make a single trip in a month than they used to do previously, almost x4 minimum. This is causing rising costs of goods in neighbouring countries and also missed opportunities for private traders like our company. |
|
|
Resolution status note:
|
On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.
Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.
The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.
10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. |
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|
Products:
|
0902.40: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of > 3 kg |
|
|
NTB-000-527 |
2.6. Additional taxes and other charges |
2012-08-20 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2013-04-12 |
View |
|
Complaint:
|
The 16th Zimbabwe/Zambia Joint Commission held in Masvingo from 23-25 August 2012 learnt that Zambia had introduced a law which compels informal traders from outside that country to pay 1 Million Kwacha for a trading permit. The permit is valid for six months. Zimbabwe viewed the Zambia action as against the principles of the COMESA Simplified Trade Regime (STR) and also constituting an NTB. |
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Resolution status note:
|
On 25 September 2012, Zambia Focal point reported that the complaint from Zimbabwe with regard to the introduction of the Cross Border Permit valued at ZMK,000,000 as provided for under the new Immigration laws is valid. In a follow up with Zambia Immigration at Kariba Border post on 12 April 2013, it was reported that the ZMK 1 million was reasonable because the permit is a multi-entry and does not restrict traders to number of days per visit during in the six months validity of the permit. Further, the Focal point reported that Zambia was in the process of reviewing the fee downwards. The signing of the statutory instrument by the Hon. Minister of Home Affairs so as to operationalise the same is still being awaited. |
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NTB-000-211 |
2.4. Import licensing |
2009-07-27 |
Zimbabwe: Ministry of Agriculture |
Zimbabwe |
Resolved
2013-05-23 |
View |
|
Complaint:
|
Restrictions on agricultural goods. Some officials at the border posts are not fully aware of the implications and objectives of requiring permits for agriculture. Thus some consignments are allowed to be imported without import permits.Issuing of permits is centralized to Ministry of Agriculture Head Office, in Harare which is costly and inconvenient for those living out of Harare |
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Resolution status note:
|
At the 10th meeting of the SADC Sub Committee on Trade Facilitation held on 14-15 June 2012, Zimbabwe reported that it was working towards decentralization of issuance of permits. The process was already ongoing and some towns had already been given authority to issue permits.
At their 11th meeting held on 23 may 2013 in Gaborone, SADC Committee on Trade Facilitation noted that draft legislation has been developed and therefore this NTB could be marked resolved since it is receiving appropriate attention to improve the issuance of permits |
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NTB-000-568 |
2.2. Arbitrary customs classification |
2013-02-13 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-06-17 |
View |
|
Complaint:
|
Revaluation of products by customs ,a trader came with catapillar or madora and the value was k 2000000.00=$400.00 and was revalued to K 4180000.00, customs is refusing value for these goods ofwhich it only pays pre sumptive tax this is not the first time Zimra raises value to goods which pays only p tax. Some of these goods are not bought at Lusaka markert were thay have pegged there prices this is one of the reasons why why people would resort to smuggling |
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Resolution status note:
|
On 17 June 2013, Zimbabwe Revenue Authority reported that valuation of consignments is provided for in the Zimbabwe Customs and Excise Act (Chapter 23:02). This particular valuation of Madora at Kariba Border Post was based on previous importations, investigations and information gathered from the neighboring country Zambia because no commercial invoices were tendered. ZIMRA advised that, where the values declared are within the given range, they are accepted. However where the values differ drastically the assessed values are resorted to. The complainant is advised to liaise with the Station Manager Kariba or the Supervisors to understand how the valuation is conducted. |
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NTB-000-557 |
2.10. Inadequate or unreasonable customs procedures and charges |
2012-03-01 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-05-27 |
View |
|
Complaint:
|
We would appreciate of Zimra can starndize their operations for duty purposes from the onset of STR project CIF (cost insurence freight) was not charged on on all STR goods, but as of now CIF is being charged, 6% is charged on the total value of a consingment, example plastic spoons costing K1400000.00=$280.00 plus 6% comes to $296.80 if cif was not charged the trader was going to pay $70.00 as vat & p-tax but including cif the trader pays $74.20 we know Zimra is government agent for revenue collection but this must be clear, because some officers, they do not charge this 6% cif and all the borders namely Kariba,Chirundu, Victoria Falls and Nyamapanda they charge differently why not uniformity, |
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Resolution status note:
|
On 27 May 2013, Zimbabwe Revenue Authority advised that the correct method to value commercial consignments imported into Zimbabwe is on a Cost, Insurance and Freight (CIF) basis. Simplified Trade Regime (STR) importations are commercial importations and therefore this method is applicable. The current practice to value STR goods on a CIF basis is therefore the correct approach. Where the insurance and transport has not been proved the Customs and Excise Act (Chapter 23:02) of Zimbabwe provides for 1% and 5% of the value the consignment to make it 6% to be considered as the charges respectively. Guidelines on valuation would be recirculated to all stations. |
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NTB-000-594 |
8.8. Issues related to transit |
2013-05-21 |
Zambia: Chirundu |
South Africa |
Resolved
2013-09-13 |
View |
|
Complaint:
|
Zambian Police are holding South African CRBTA Permits as security until fines are paid. |
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Resolution status note:
|
On 11th July 2013, Zambia focal point reported that, when truck drivers both local and international are found with a case, they are fined and normally asked to pay the fine. However, the drivers give an excuse that they have no money to pay. The Police at that particular check point would then use their initiative of asking for surety from that driver to ensure that the driver pays on his way back. However, since the practice is not covered by law, the officers were sensitized on the issue and have stopped the practice.
On 25 September 2013, South Africa focal point confirmed that the complainant had been consulted and he confirmed that the practice by Zambian police had been stopped. The complaint can therefore be moved to 'resolved complaints’. |
|
|
NTB-000-544 |
2.3. Issues related to the rules of origin |
2012-06-01 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products |
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Resolution status note:
|
On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.
Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.
In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above. |
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|
NTB-000-563 |
7.1. Arbitrariness |
2013-01-11 |
Zimbabwe: Chitungwiza |
South Africa |
Resolved
2013-09-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's vehicle has once again been held up by the road traffic authorities in Zimbabwe, for the vehicle not complying strictly to the Zimbabwe vehicle regulations.
In this instance, the rear lights of the truck were not in precisely the right position, according to the Zimbabwe regulations.
The official, in this instance, was constable Munaki, official number 060189F.
After intervention by the road transport industry and much delay, the vehicle was released with a warning.
This complaint is similar to that in NTB 524, where the information plate on the vehicle did not comply with the Zimbabwe regulations.
The practice of Zimbabwe road traffic authorities harassing transporters over trivial vehicle equipment regulations is not acceptable.
Vehicles foreign to Zimbabwe, comply with the regulations in their own countries and receive a certificate of fitness to show that they are compliant.
This certificate of fitness should be acceptable to the Zimbabwe authorities, unless, of course, the vehicle is clearly not roadworthy. The rear lights being in a different position, or the information plate giving different information, does not make the vehicle unroadworthy.
Two of the clauses in one of the bi-lateral road transport agreements that Zimbabwe holds with another country, state that each country should "promote fair and equitable treatment for carriers from both countries" and "strengthen their economic and commercial relations in the spirit of co-operation and friendship".
The actions of the Zimbabwe road traffic authorities do not subscribe to the above requirements and the authorities are requested to adhere to the objectives of the bi-lateral agreements. |
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Resolution status note:
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On 13 September 2013, FESARTA reported that they had subsequently received a letter from the Ministry of Transport, Communications and Infrastructural Development, directed to the Zimbabwe Republic Police, instructing the police to accept the standards of South African vehicles. FESARTA believes that this letter will also indirectly apply to vehicles from countries other than South Africa entering Zimbabwe. Therefore, FESARTA recommends that NTBs 524 and 563 be considered resolved. |
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NTB-000-524 |
8.1. Government Policy and regulations |
2012-08-06 |
Zimbabwe: At road blocks |
South Africa |
Resolved
2013-09-13 |
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Complaint:
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This complaint is registered by FESARTA.
The Zimbabwe road traffic authorities are enforcing vehicle equipment regulations that pertain only to their own country and are not harmonized with other countries.
An example of this is for a truck to display its tare and gross mass on the exterior of the vehicle, in numbers and letters of a particular size. This requirement is not the same as for other countries. The Zimbabwe authorities should accept the certificates of roadworthiness from other countries. Zimbabwe should not harass drivers for such issues. |
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Resolution status note:
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On 13 September 2013, FESARTA reported that they had subsequently received a letter from the Ministry of Transport, Communications and Infrastructural Development, directed to the Zimbabwe Republic Police, instructing the police to accept the standards of South African vehicles. FESARTA believes that this letter will also indirectly apply to vehicles from countries other than South Africa entering Zimbabwe. Therefore, FESARTA recommends that NTBs 524 and 563 be considered resolved. |
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NTB-000-552 |
2.2. Arbitrary customs classification
Policy/Regulatory |
2012-11-01 |
Zimbabwe: Head Office Zimra |
Zimbabwe |
Resolved
2013-08-07 |
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Complaint:
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form 47 which is customs declaration form on Rebate states, who enjoys travellers rebate and marked(excluding) reads excluding Any person employed as the pilot or master or any member of the crew of an aircraft, ship or vehicle arriving from outside Zimbabwe ,bus crew members,drivers are also included,why are they not given rebate allowance as other nationalities, this is a national benefit why excluding them , what benefits do they have as bus crew members? even the remission they dont understand about it even to be given that remmission they are not, this is the other reason why bus crew members are involved in smuggling with border officials, give them an allowance on daily basis |
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Resolution status note:
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On 7th August 2013, Zimbabwe Revenue authority reported that , travelers rebate excludes "any person employed as the pilot or master or any member of the crew, of an aircraft, ship or vehicle arriving from outside Zimbabwe" This is in terms of Section 114 of the Zimbabwe Customs and Excise General Regulation Statutory Instrument 154 of 2001. This is therefore a legal requirement and it is mandatory that this be implemented. The same regulations also provide for a remission of duty for a consignment of a maximum value of US$20.00 every time one travels. Once the consignment exceeds the US$20.00 duty is paid on the full value of the consignment. Please note that smuggling of goods is an offence which may lead to seizure of the goods and at times prosecution and is therefore discouraged.
Based on this explanation, SADC secretariat advised that the NTB be marked resolved. |
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NTB-000-558 |
2.3. Issues related to the rules of origin |
2012-10-06 |
Zimbabwe: Beitbridge |
Zimbabwe |
Resolved
2013-08-07 |
View |
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Complaint:
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My company was importing a pallet of various alcoholic beverages. The consignment was accompanied by the required SADC origin papers from the manufacturer in South Africa. When the pallet was searched officers found, on the label of one of the products, bottled in south, produce of mexico. Upon seeing this the officers immediately seized the tequila, along with some South African made whiskey. Firstly this is in contravention to the SADC protocols of trade, whereby- Rule 9 of the protocols of trade, sections 3 and 4-
3. The competent authority designated by an importing Member State may in exceptional circumstances and notwithstanding the presentation of a certificate issued in accordance with the provisions of this Rule, require, in case of doubt, further verification of the statement contained in the certificate. Member States, through their competent authorities, shall assist each other in this process. Such further verification should be made within three months of the request being made by a competent authority designated by the importing Member State. The form used for this purpose shall be that contained in Appendix IV to this Annex.
4.The importing Member State shall not prevent the importer from taking delivery of goods solely on the grounds that it requires further evidence, but may require security for any duty or other charge which may be payable: provided that where goods are subject to any prohibitions, the conditions for delivery under security shall not apply.
This section clearly states the rules and procedures to be followed when there is a query on the legitimacy of the origin of a product. The Zimbabwean border officials ignored these and seized the goods.
Upon seizure we were given the opportunity to appeal the seizure and prove the origin of the goods.
We did this and the Station Manager at Beitbridge completely ignored all of the evidence we sent him. We have documentation from the manufacturer, proving the origin of the goods, further we gave them the contacts of various people in the South African Tax Department to verify their claims. All of this was summarily ignored and we were issued a notice to pay the duties due for a non-sadc product, and a fine. Together this figure amounts to almost double the value of the products. We have since appealed to the ZIMRA Commissioner General to have the fines and duties repealed and the products released, and are awaiting reply. |
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Resolution status note:
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SADC Secretariat, in consultation with Zimbabwe Revenue Authority recommended that the NTB be considered resolved and that the importer be educated about issues of origin within the context of a Free Trade Area. ZIMRA reported that seizure of the consignment was done in terms of Section 193 (1) of the Zimbabwe Customs and Excise Act (Chapter 23:02) which reads "Subject to subsection (3), an officer may seize any goods, ship, aircraft or vehicle (hereinafter in this section referred to as articles) which he has reasonable grounds for believing are liable to seizure". In this case the origin of the goods was incorrect. |
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Products:
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2208.30: Whiskies and 2208.70: Liqueurs and cordials |
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NTB-000-348 |
5.1. Quantitative restrictions |
2010-02-09 |
Botswana: Ministry of Trade |
Botswana |
Resolved
2011-07-22 |
View |
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Complaint:
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Botswana regulates importation and pricing of petroleum products |
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Resolution status note:
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Botswana reported that petroleum products are not regulated |
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NTB-000-348 |
5.1. Quantitative restrictions |
2010-02-09 |
Botswana: Ministry of Trade |
Botswana |
Resolved
2011-07-22 |
View |
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Complaint:
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Botswana regulates importation and pricing of petroleum products |
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Resolution status note:
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On 22 July 2011, Botswana reported that petroleum products are not regulated |
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NTB-000-369 |
1.1. Export subsidies
A84: Inspection requirement
Policy/Regulatory |
2010-02-10 |
South Africa: Ministry of Agriculture |
Zambia |
Resolved
2011-11-22 |
View |
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Complaint:
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South Africa is not facilitating inspection of production areas for issuance of PQPS certificate for exports of fruits to Zambia as per requirement by the Ministry of Agriculture in Zambia. |
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Resolution status note:
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South Africa reported that Zambia needs to send information needed to evaluate their plant disease situation, legislation, standards and other requirements to the South African Department of Agriculture, Forestry and Fisheries . PQPS certificates can not be issued if the above information is not known. |
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NTB-000-369 |
1.1. Export subsidies
A84: Inspection requirement
Policy/Regulatory |
2010-02-10 |
South Africa: Ministry of Agriculture |
Zambia |
Resolved
2011-11-22 |
View |
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Complaint:
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South Africa is not facilitating inspection of production areas for issuance of PQPS certificate for exports of fruits to Zambia as per requirement by the Ministry of Agriculture in Zambia. |
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Resolution status note:
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On 1 June 2011 , South Afric areported that Zambia was not able to send information needed to evaluate their plant disease situation, legislation, standards and other requirements. PQPS certificates can therefore not be issued if the above information is not known |
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