| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-426 |
1.8. Import bans |
2011-07-01 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Ban on all Potatoes as Directed by the Ministry of Agriculture |
|
|
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, Zimbabwe reported that banning of potatoes was done to protect plants from pests originating across the borders. This is therefore a NTM. |
|
|
NTB-000-449 |
7.3. Corruption |
2011-06-16 |
EAC |
Rwanda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Corruption along the Northern and Central Corridors (police roadblocks, weighbridge and border gates. |
|
|
Resolution status note:
|
This NTB is no longer obtaining . |
|
|
NTB-000-460 |
6.1. Prior import deposits and subsidies
Policy/Regulatory |
2011-06-06 |
Botswana: BURS |
Botswana |
Resolved
2013-05-23 |
View |
|
Complaint:
|
Botswana BURS requires a deposit to be lodged with them prior to allowing any goods, being imported into Botswana, to cross the border. They will not accept a small deposit - enough to cover the VAT charges on the goods in question - they require a standard amount of P25 000. The only way to avoid paying this deposit is to meet the goods at the border and pay the amount which has been determined as owing that very day. It can be very difficult to meet trucks coming from Johannesburg at the border, particularly if you don't stay in Gaborone where most of the trucks cross. This results in many additional costs being incurred by the importer and can result in goods being returned to South Africa at the importers expense. For small consignments, where the VAT owed is only a few hundred Pula, more money can be spent on trying to get to Gaborone, at the right time (which often changes) in order to meet the truck and make the VAT payment, than the VAT amount itself. Perishable food products, if they need to be returned, are often lost completely resulting in major losses. |
|
|
Resolution status note:
|
At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Botswana Unified Revenue Services (BURS) confirmed the following 3 available alternatives which enabled traders to pay for VAT/Duties without being at the point of entry so as to grant entry of goods:
i) Apply for gross payment account; through this account, the applicant is able to deposit funds into the account in which payable VAT/duties will be debited upon any importation of goods
ii) Apply for deferred account; this account enables importers to import goods and pay the accrued VAT/duties at the end of the each month (as explained on the NTB status notes initially afforded to you).
iii) Cash payment can be made at any BURS office countrywide after which that particular office will immediately liaise with the office at the point of entry of the imported |
|
|
Products:
|
2008.11: Groundnuts, prepared or preserved (excl. preserved with sugar) |
|
|
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-000-576 |
8.1. Government Policy and regulations
Policy/Regulatory |
2011-04-16 |
South Africa: Pretoria |
South Africa |
Resolved
2016-09-13 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
In 2011 the Cross-Border Road Transport Agency, raised its cross-border road transport permits by up to 600%.
Not only was this increase unjustified, but it was done without negotiation with the road transport industry.
The resultant costs are also out of line with the costs for road transport permits in other countries.
FESARTA sent a letter (attached) to the Minister of Transport in South Africa, copied to SADC, but no response was received.
The South African Road Freight Association (RFA) has taken legal action against the increases.
The resultant permit fees put unecessarily high increases on the costs to transport goods to landlocked countries.
This is against trade facilitation. |
|
|
Resolution status note:
|
On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved. |
|
|
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). |
|
|
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-000-411 |
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-000-401 |
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-000-414 |
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-000-398 |
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-000-400 |
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. |
|
|
Resolution status note:
|
South Africa advised that all honey exports from Zambia were now accepted into that market. |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 |
|
|
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 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 |
|
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