| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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 |
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|
Resolution status note:
|
Mozambique reported that for all foreign operatorso undertake commerciaal transit operations, in that country, they must be conform to requirements as per article 25 of the ministerial decree 10/2002 of January 30th. |
|
|
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-000-423 |
7.1. Arbitrariness |
2011-07-12 |
Mozambique: Dondo |
Zimbabwe |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Zimbabwe transport hauliers companies continue to have problems with certain Mozambique authorities. Mozambique authorities (Police at Dondo) are not accepting certified copies of registration books on grounds that if the vehicle does get stolen there are no legal document to prove the vehicle belongs to transporting company. CVR amendments are also not accepted. It looks like the Police are unnecessary targeting Zimbabwe registered vehicles. They are being unreasonable with their fines which are imposed citing very minor faults on vehicles. The police at Dondo hassle the drivers and find no apparent reason to issue tickets.
Forbes border post is hassling drivers, especially the agriculture department. They say that an agriculture permit is required but the documents s gets checked in Beira, Dondo and Inchope. But when they get to the border they claim that this permit is required. |
|
|
Resolution status note:
|
In a consulative meeting held between SADC Secretariat and Focal Points on 19 September 2011 in Maputo, Mozambique reported that, according to existing laws, it is illegal to carry notarised documents. The SADC secretariat in liaison with reporting and imposing country, will facilitate further consultations on the matter if necessary.
2. With regards to agriculture documentation, Moambique reported that documentation is processed by the relevant departments and institutions at the border , therefore this issue does not arise and is considered resolved |
|
|
NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
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|
Resolution status note:
|
On 31st May 2012, Mozambique reported that , consultations were held with authorities responsible for transport regulations which submitted the following update:
Decree 14/2008 of 25 June 2008, “approves the Regulations for weights and dimensions, Combinations and spreading of Cargo in Motor vehicles and Trailers and revokes Articles 18, 19, 24, and 27 of the Road Code”
Article 5 “ Maximum dimensions”
Nº. 1. The contour of vehicles involving all accessories, except rear view mirrors and direction indicators may not exceed the following values regarding the types of vehicles:
A. Length:
a) Vehicle with one or more axles -13m
b) Articulated vehicles with 3 or more axles -18m
c) Sets Vehicle-trailer -22m
d) Trailers with one or more axles -13m
e) Trailers for agricultural traction of:
i. One axle -7m
ii. Two or more axles -10m
B. Width - 2,60 m
C. Height - (measured from the ground) – 4,3m~
Nº. 2. Articulated vehicles specially adapted and approved by the National Traffic Institute for the transport of containers. The maximum length for this type of vehicles is 16,50m.
N° 8. The National Traffic Institute may authorize:
a) The transit of vehicles that transport indivisible objects that exceed the limits;
b) The registration or transit of special vehicles with dimensions exceeding the limits.
This Article must be read with Article 58 (1) of the new Road Traffic Code - Decree Nº 1/2011.
Art. 58 “Special Authorization”
N.º 1. According to the conditions specified in the Rules, INAV may allow the transit of vehicles exceeding the weight or dimensions legally allowed or transporting indivisible objects that exceed the size of the vehicles.
N.º 2 The referred authorizations require a favourable opinion from ANE and the Municipal Councils, depending on the cases, regarding the nature of the road paving, the resistance of art works along the routes or the technical specifications of the public roads. Thus limiting the access of such vehicles to roads whose specifications allow such transit.
From the above mentioned articles it is understood that, although the law specifies the limit of 16.5 m, the transporter or operator may request from INAV a “Transit Permit” which will involve police escort. This permit costs 398, 00MTn which is equivalent to approximately R 110.00.
Vehicles are expected to conform to the decree. |
|
|
NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
|
|
Resolution status note:
|
On 10 February 2015, Mozambique Focal Point requested that this NTB be resolved on grounds that FESARTA was not forthcoming with additional information on proof of payment and the place where the accident occurred to assist with the investigation on the incident. Further, according to the existing Regulation (Decree 14/2008 of 25 June), it should be noted that Mozambique does not have infrastructure prepared to adopt the specifications of South Africa, so that the movement of carriers in Mozambique is made on specific routes. The Portuguese version is uploaded onto the system for reference. However, Mozambique was working towards adapting their laws in line with SADC recommendations about size and weights of vehicles. |
|
|
NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
|
|
Resolution status note:
|
On 10 February 2015, Mozambique Focal Point advised that the NTB be resolved in according to the existing Regulation (Decree 14/2008 of 25 June) and that it should be noted that Mozambique did not have infrastructure prepared to adopt the specifications of South Africa, so that the movement of carriers in Mozambique is made on specific routes. However, Mozambique was working towards conforming to SADC specifications on vehicle length and weights.
FESARTA confirmed that there had been no reports of recent problems with NTB 478 and therefore the NTB should be resolved. FESARTA made an observation that the regulation was probably introduced many years ago, when there could have been a particular issue that resulted in the regulation and that the regulation may not have any relevance now. |
|
|
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-000-534 |
8.4. Transport related corruption |
2012-09-30 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
Zambia |
Resolved
2013-04-10 |
View |
|
Complaint:
|
On the aforemention date, one of my fuel tankers, was stopped by Mozambique Environmental Officials at the Machipanda border post. The officials advised that they wanted to inspect the fire extinguishers and the driver cooperated by placing the 4 extinguishers at their disposal.
The Officials then pulled the pin on all four extinguishers and discharged the powder. They then told the driver that they were satisfied that the extinguishers worked, and he could proceed.
You cannot do this to a fire extinguisher. It is not like an aerosol can that keeps its pressure. Once you depress the handle and discharge even a small amount of powder, the fire extinguisher is exhausted and of no further use.
Officials can check if the extinguisher is valid on the certificate on the side of the extinguisher and if the site glass indicates pressure in the green.
If we need an extinguisher and the officials have discharged it, we are at the mercy of the fire. |
|
|
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, ZambiaMozambique reported that this was a mistake by officer on duty and this matter has since been corrected and therefore resolved. |
|
|
NTB-000-549 |
8.1. Government Policy and regulations
Policy/Regulatory |
2012-11-01 |
Mozambique: Maputo |
South Africa |
Resolved
2013-04-10 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Matola Council, near Maputo, is requiring transporters to purchase a permit to enter its area.
The permit costs in the region of US$80 per trip.
It is not acceptable for a municipality to charge transporters to enter its area.
Transporters pay road user charges for the wear and tear they cause to the roads.
Furthermore, they purchase services and goods from the area and so increase trade. |
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|
Resolution status note:
|
Mozambique reported that road user charges were charged at national level and not by Municipalities and that such charges are not legal. Mozambique requested FESRATA to provide proof of payment on the said charges as this is not legal in Mozambique. Proof of payment is provided in the online system. It was therefore agreed that this NTB be resolved and that FESRATA should report any such further charges to Mozambique authorities. |
|
|
NTB-000-570 |
2.6. Additional taxes and other charges |
2013-02-26 |
Mozambique: Delegação Aduaneira de Namaacha |
Eswatini |
Resolved
2013-04-10 |
View |
|
Complaint:
|
I'm doing the carton business in Mozambique but factory is in Swaziland. Every time I'm going to pass the border my company always pay 100 USD for every truck of goods I only deliver in Maputo they say it is a road fund every week I use at least 8-10 trucks I'm doing this business since 2009 and until now i need to pay that road fund I want to know why I'm paying this Money. |
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|
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 in Lusaka Zambia, Mozambique reported that this is a levy on use of national roads and that this amount ranges from US$75-US$100 per trip. Almost all countries in the region have road tax specially for foreign trucks crossing the border.
With this explanation, meeting agreed to resolve the matter. |
|
|
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. |
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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-000-587 |
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-000-593 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2013-05-29 |
Mozambique: Between Pungue and Mafambise |
Malawi |
Resolved
2013-10-28 |
View |
|
Complaint:
|
A Malawian transport company was charged an exorbitant fee of 10, 000 Meticais for expired insurance for horse only between Pungue and Mafambise in Mozambique. This has happened a number of times. Can Mozambique authorities confirm the fee and also provide other relevant information on transit fees, fines and penalties. Information on the various charges and or transit fees is not available for transporters using Mozambique roads along the Beira route. |
|
|
Resolution status note:
|
On 18 June 2013, Mozambique focal point submitted a copy of the Decree No. 26/2010 of 14 July 2010 outlining the road user fees applied on Mozambican roads as per Malawi request. This NTB is therefore considered resolved |
|
|
NTB-000-593 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2013-05-29 |
Mozambique: Between Pungue and Mafambise |
Malawi |
Resolved
2013-10-28 |
View |
|
Complaint:
|
A Malawian transport company was charged an exorbitant fee of 10, 000 Meticais for expired insurance for horse only between Pungue and Mafambise in Mozambique. This has happened a number of times. Can Mozambique authorities confirm the fee and also provide other relevant information on transit fees, fines and penalties. Information on the various charges and or transit fees is not available for transporters using Mozambique roads along the Beira route. |
|
|
Resolution status note:
|
On 28 October 2013, Mozambique Focal Point submitted Decree No. 26/2010 of 14 July 2010 stipulating the road user fees applied on Mozambican roads as per Malawi request.. The Decree has been uploaded onto the online system under Notifications. |
|
|
NTB-000-590 |
7.1. Arbitrariness |
2013-05-16 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
South Africa |
Resolved
2014-03-17 |
View |
|
Complaint:
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This complaint is registered by FESARTA.
UNACCEPTABLE PROCEDURE FOR ESCORTING VEHICLES, BY MOZAMBIQUE CUSTOMS
Mozambique customs at Beira should only require the escorting of vehicles between Beira and Machipanda, and return, under special circumstances, eg abnormal or high value loads. The decision to call for escorts is made by the head of customs in Beira.
However, the escorting process is not efficient and reasonable, viz:
• Escorting is called for randomly and often for trucks carrying normal cargo such as tobacco and sugar
• The escorting fee is high at USD100 per truck
• Delays are caused whilst customs waits for 3 or more trucks to be escorted together. Or they may wait until the next day to suit their convenience
• Often, a customs officer does not even travel with the vehicles, but goes in a separate vehicle to take the documents to the next check point. On occasion, the trucks have to wait at the next check point because the officer is not there with the documents
• It is suggested that the escorting fees are merely split up between the various officers.
Escorting should not be necessary since transit bond guarantees are in place and the route between Beira and Machipanda is simple, direct and short. Furthermore, there are several check points along the route. |
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Resolution status note:
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The Mozambique Revenue Authority clarified that the referred escort fee of USD 100 was illegal. Mozambique Revenue Authority issued the Circular nº09/GD/DRC/2013, of 1st July, that has been published in all customs branches, and also uploaded onto the online system which states in summary that:
• The Fiscal Escort happens only and uniquely in the case of customs transit of high risk merchandise in terms of loss of revenue.
• In this case, Mozambique Revenue Authority will have to support the Escort expenses.
• It is prohibited to collect any values and deductions when this Escort is determined by customs. |
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NTB-000-598 |
8.7. Costly Road user charges /fees |
2013-07-10 |
Mozambique: Tete Bascala,Tete Bridge |
Mozambique |
Resolved
2015-02-10 |
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Complaint:
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There is a charge only on foreign vehicles over 3500kg crossing the Tete bridge initially US$250 and then US$75 every time the vehicle crosses the bridge. The vehicle involved is a Crane truck used in construction sites in and around Tete.
The vehicle can travel all the way from Maputo and operate on the south side of the river without paying any fees but is charged the above very high fees once it goes to the north side of the bridge. |
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Resolution status note:
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On 10 February 2015, Mozambique focal point reported that the fees are regulated through the Decree No. 26/2010 available in the online system and that the USD75 fee is only applicable to cross the north bridge. According to the decree establishing the rates, foreign vehicles must pay a stipulated fee of 75 USD on the bridge. However, as indicated by complainant, the vehicle can use alternative route and travel all the way from Maputo and operate on the south side of the river without paying any fees. With this explanation, Mozambique considers the NTB resolved because there is alternative route for foreign vehicles. |
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NTB-000-592 |
6.2. Administrative fees |
2013-05-27 |
Mozambique: Posto Fiscal de Calomue |
Malawi |
Resolved
2013-09-26 |
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Complaint:
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administrative charges - transporter was requested to pay 10US$ memorandum of understanding fees |
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Resolution status note:
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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. |
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NTB-000-603 |
2.9. Issues related to transit fees |
2013-05-01 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2013-09-13 |
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Complaint:
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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. |
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Resolution status note:
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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:
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0902.40: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of > 3 kg |
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NTB-000-606 |
8.8. Issues related to transit |
2013-10-08 |
Mozambique: Beira Port |
Zambia |
Resolved
2015-06-19 |
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Complaint:
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This complaint is registered by FESARTA.
There is a serious security problem with trucks entering the Munhava area of Beira port.
The Munhava access route is the only entrance used by trucks entering the port to load and offload.
This is an extremely high crime area with drivers being harassed by third parties while entering and departing the port. The road is in a poor condition and is congested so vehicles have to slow right down. The criminal elements gather in this area and stop the vehicles by engaging the rear axle park brake on the fuel tankers or jumping onto the vehicle itself. They then demand money from the drivers (approx. USD 5 to 10). Should the driver fail to pay over the cash, he is then pulled from the vehicle and beaten. The driver is then thrown under the truck while a member of the group enters the truck and steals the personal effects, radios, money, tools etc from the vehicle.
If the drivers overnight within the Port, they are harassed by parties again. If the driver leaves the vehicle to submit documents, they enter the vehicle using duplicate keys. As you know, keys for trucks are not unique.
If you are travelling along this road with fertilizers or as in the case of the attached photo, wheat, then you need an armed guard.
The photo was taken at the Junction of the Main Beira Road and Munhava Road. As the vehicle turned the corner and drove out of Munhava, the guard cleared the weapon and sat down, an indication that he was out of the ‘danger’ area.
It is noted that the target of these attacks are predominately launched at foreign transporters.
ASTROS, the National Road Transport Association (NRTA) in Beira, has held meetings with the chief of Sofala province police, chief of nearest police station, CFM management in Sofala, Cornelder Management, Transport department of Sofala, and ultimately the Sofala Governor. The Governor has even opened a free telephone link to ASTROS. None of these initiatives have solved this problem.
CFM and the police know who the criminals are, where they stay and how they act, but simply do nothing.
This is a most serious situation and requires the urgent attention of the Regional Economic Communities (SADC, COMESA). |
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Resolution status note:
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On 19 June 2015, Mozambique Focal Point reported that the competent Provincial authorities in Sofala reported that security in the area had been reinforced to ensure safety of truckers. Further Mozambique Focal Point advised that, in future, FESARTA should provide names and force numbers for the police officer/s asking for bribes to assist in further investigations. Mozambique therefore has resolved the complaint |
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