| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-453 |
8.8. Issues related to transit |
2011-09-03 |
Tanzania: Ministry of Transport |
Burundi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
No movements of Cargo Trucks beyond 6:00 pm within Tanzania. This affects trucks from Rwanda, Burundi & Uganda |
|
|
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, Burundi agreed that this NTB be resolved on the basis that Tanzania was modernising the tracking equipment so as to have electronic devices that can be monitored electronically along the transport corridor to the final destination. This provision allows Tanzania Revenue Authprity to make the necessary timely interventions. Burundi and Tanzania have signed a joint MoU in joint patrol and were provided equipment to maintain security along the affected areas. However Tanzania wouldl notify Burundi on the operationalization of the Electronic Cargo Tracking System (ECTS). |
|
|
NTB-000-452 |
7.8. Consular and Immigration Issues |
2011-09-03 |
Tanzania: Mbeya |
Uganda |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Tanzania Border posts charge Visa charges of US$ 250 for businessmen from Uganda. |
|
|
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, Tanzania reported that it does not charge visa from EAC members. |
|
|
NTB-000-189 |
2.11. Lack of control in Customs infrastructure |
2009-07-27 |
South Africa: Beit Bridge |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Pilferage of goods and the opening of sealed containers at the South African side of the Beitbridge border post |
|
|
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,South Africa reported that they would consult SARS to provide an explanation of how the border process works and on measures put in place to prevent the incident re-occurring. Once this information was received from SARS, it wiould be uploaded to the online system. It was therefore agreed to have this NTB resolved as this could have been a once off incident. |
|
|
NTB-000-132 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-07-26 |
South Africa: South Africa Revenue Services |
Eswatini |
Resolved
2012-04-26 |
View |
|
Complaint:
|
South Africa is charging a fine of E1000.0 per set of customs documents for documents not acquitted within a month. |
|
|
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,South Africa reported that this is a standing transit regulation. Swaziland and South Africa agreed that South Africa would provide the regulation for distribution to stakeholders. It was therefore resolved that the NTB be considered resolved. |
|
|
NTB-000-263 |
1.14. Lack of coordination between government institutions |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
There are no less than six ministries, the Namibian police, two Marketing Boards and a Statutory Board involved in the management of imports and exports. The onus is upon the applicant to collect all relevant permits/ certificates from line ministries and other bodies, before a commercial import/ export permit application can be made to MTI. For certain goods, up to three different points of control apply. |
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|
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, Namibia reported that the Ministry of Trade and Industry would only require authorised or a clearance certificate when a client is importing or exporting a controlled product that needs verification to determine the value for tax purposes and subsequent issuance of the permit by the Ministry of Trade and Industry. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
NTB-000-249 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
In Namibia the same information has to be provided and captured more than once in the import and export supply chain, e.g. Namport, Custom & Excise, MoF, MTI, NCCI, Carriers and Agents on exports of salt to West Africa and RSA,. |
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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, Namibia reported that, a client can obtain an import or export permit in one hour at the Ministry of Trade and Industry if all the required documents are provided. With regard to the export permit the delay comes in when the product is a controlled product where the client is expected to obtain a clearance certificate from the relevant Ministry for tax purposes or when the importing country policies and regulations requires that the imported product be accompanied by authorised documents from the relevant authorities. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
NTB-000-246 |
7.7. Complex variety of documentation required |
2009-09-08 |
Namibia: Revenue Authority |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Procedures for VAT (claim back) in Namibia are too complicated |
|
|
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, Namibia reported that customs only processess those refund applications accompanied by relevant documentation. The documents required are a completed NA66, a proof of export (SAD 500 that has been dully proceeded at the point of export) and the invoice that the goods have been obtained. This process was to verify that the goods are indeed obtained and exported. If any of these documents are outstanding customs has the right to refuse such payment.
The Ministry of Finance, Customs Division was in the process of reviewing customs procedures and once this exercise is finalized the revised procedures will be posted on the customs website and will be made available to the public. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
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-000-182 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Restriction on importation of tobacco leaf from SADC countries |
|
|
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, Malawi submitted that importation of tobacco was not restricted. As a matter of fact Malawi imports tobacco from Tanzania Zambia for processing at Malawi companies. The tobacco is re-exported after processing. The meeting was also informed that the companies buying tobacco in the region are the same. |
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|
NTB-000-174 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Time taken to test products varies between five days for meat and poultry to ten days for batteries. The time factor and discretionary use of these services at the borders has lead to delays in the distribution. |
|
|
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, Malawi reported that the delays could be attributed to the practice of some importers who do not obtain prior certification of products before importing. For importation of meat products, SPS certification has to be obtained from Ministry of Agriculture before importing to avoid delays at the border. The same applies to importation of batteries. Import permit must be obtained from ministry of Trade before importation. The meeting accepted Malawi’s submission to have this NTB resolved. |
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|
NTB-000-116 |
8.7. Costly Road user charges /fees |
2009-07-26 |
Malawi: Ministry of Transport |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi charges very high road leivies |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs,Malawi reported that it was difficult to get further information from the complainant as this was uploaded before the online system allowed complainants to provide their contact details. However, Malawi would consult with the Ministry of Transport to gather all the transport related charges and upload them on the NTB website, for transparency. It was resolved that this NTB could not be processed for now until such time South Africa provides adequate information on the complaint. In the meantime, the NTB would be considered resolved, until the agreed information is made available. South Africa requested that the NTB be transffered to the section for resolved NTBs of policy and regulatory nature since the regulations are in place in Malawi. |
|
|
NTB-000-105 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2009-07-26 |
Malawi: Malawi Revenue Authority |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi imposed 20%surcharge on all imports of chicken and eggs. |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs, Malawi reported that they are still charging the 20% excise duty as indicated by the complainant. They indicated that this is in their regulation and there are no indications that the situation might change soon. South Africa pointed out that this is a NTB and Malawi should endeavour to remove it. SA also requested Malawi to upload the regulation on the NTB website as a comment to this complaint, and post the relevant regulation on the website under “notifications”. It was therefore resolved that this NTB be transferred to the section for Resolved NTBs of regulatory nature for further consideration since no action can be taken immediately. |
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|
NTB-000-445 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-02 |
Burundi: Revenue Authority |
Tanzania |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Burundi customs system does not interface within the customs’ systems in the Revenue Authorities in Partner States |
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Resolution status note:
|
Burundi and Rwanda NMC consultations held during the 3rd meeting of the Tripartite NTBs Focal Points and NMC Chairs in Dar-es-salaam on 19-20 April 2012 concluded that the issue had been resolved after Rwanda bureau of standards recognised that Burundi water meets international standards. |
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|
NTB-000-186 |
7.9. Inadequate trade related infrastructure |
2009-07-27 |
Mozambique: Beira Port |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Poor infrastructure. Many delays at Beira and Nacala docks due to heavy traffic and no security available |
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|
Resolution status note:
|
At the 3rd Tripartite NTBs Focal Point point meeting Malawi registered that the issue be resolved considering the submission from Mozambique that the delays, were as a result of procedural matters between the clearing agents and their respective clients and not the Beira Port authorities per se. |
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NTB-000-168 |
5.1. Quantitative restrictions |
2009-07-27 |
Mauritius: Ministry of Trade |
Malawi |
Resolved
2012-03-30 |
View |
|
Complaint:
|
Import restrictions on sugar |
|
|
Resolution status note:
|
At the last NTB meeting in March 2011, Mauritius informed the meeting that import restrictions on sugar in Mauritius have been lifted |
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NTB-000-399 |
7.3. Corruption |
2011-02-21 |
Zimbabwe: kariba border post |
Zimbabwe |
Resolved
2012-03-28 |
View |
|
Complaint:
|
Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating |
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Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that complaints relating to bribery should be reported immediately to the officer in charge for traceability and immediate action besides the online system for transparency. This could have been a once off incidence |
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NTB-000-399 |
7.3. Corruption |
2011-02-21 |
Zimbabwe: kariba border post |
Zimbabwe |
Resolved
2012-03-28 |
View |
|
Complaint:
|
Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating |
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Resolution status note:
|
This issue was discussed by the National Monitoring Committee at their workshop held on 21 July in Harare which noted that such incidences do occur and proposed that the concerned authorities, namely Police Department and the Ministry of Industry and Commerce take up the matter for investigation with a view to putting in place systems for detterement of such practices in future.
On 22 March 2012, Zimbabwe Revenue Authority Focal Point reported that ZIMRA had since had consultations with Zimbabwe Republic Police on this once off incident. The two parties expect that this would not happen again. The Lake Harest Company was advised that, in future , they should report such incidences immediately either to ZIMRA or the the Senior police officers at Kariba so that they are dealt with immediately . This matter is therefore considered resolved |
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NTB-000-381 |
7.1. Arbitrariness
Policy/Regulatory |
2010-06-08 |
Mozambique: Posto Fiscal de Cobue |
Zimbabwe |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Mozambique police are charging fines to transporters although their Registration Books have been notarised by the Mozambique Embassy. Notarised Documents are acceptable throughout Mozambique except in other areas particularly the Beira region. Transporters from Malawi and Zimbabwe entering through Mulange/Muloza ; Forbes/Machipanda; Nyamapanda/Cuchamano; Dedza/Calomue and Mwanza/Zobue border posts are affected by these fines. Authorities in these corridors do not accept certified copies of the documents. |
|
|
Resolution status note:
|
Mozambique reported that the Interior Ministry advised that the Road Traffic Code states that the circulation within Mozambican territory with a photocopied document is illegal. Article 42 ( 2) of the Road Traffic Code and Article 7 (2) of Decree no. 68/2008 of 30th December. The fine is set at 200,00 Mts and not 2000,00Mts as was reportedly charged.
2. In a meeting held between SADC secretariat and Mozambique focal [points on 19 September 2011, it was agreed that the SADC secretariat would facilitate consultations between reporting and imposing country on this matter.
3. On 27 March 2012, Mozambique reiterated its position that , the road code in Mozambique states clearly that the driving is subject to an original valid driving license only.
Certified copies of driving licenses are not allowed. Following NTB mission in September, 2011 this complain is resolved. |
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|
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-000-395 |
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. |
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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. |
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Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
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