Resolved complaints

Showing items 41 to 60 of 855
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
NTB-001-017 2.8. Lengthy and costly customs clearance procedures 2021-02-09 Resolved
2021-10-13
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Complaint: Differences on the Health Attestation requirements for different countries within the SADC region

1. resulting to the same products having to comply with multiple requirements.
2. Multiple movement certificate has to be issued by the State Vet for the same product in order to meet exporting country’s requirements. This is done for every lot to ensure easy exportation of products by Nestle and our customers.
3. The difference in requirements has resulted in shipment rejections by State Vet since picking of stock for exportation is done at the warehouse after movement certificate has be issued.
4. Above has a huge impact on cost, time delays and meeting customer service level.
This is experienced in Eswatini, Namibia, Zambia and Zimbabwe. The health authorities are requested to look into it and facilitate trade.
 
Resolution status note: On 13 October 2021, Namibia during the meeting of 29 September 2021 where the issue was discussed, it was agreed that, since Namibia only has additional requirement when there is/was Foot and Mouth disease for a certain period, this is not an NTB. It was agreed that the complaint should be removed. Namibia therefore requests that her name be considered resolved .  
NTB-001-027 2.2. Arbitrary customs classification 2021-07-26 Madagascar: Toamasina Port à gestion autonome ( sea port) Resolved
2021-10-04
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Complaint: Dear All,

Shipment of 3 Shipment Ex port-Louis - Toamasina

B/L 912715161 (3 isotanks) et 912706516 (2 isotanks) ETD Port-Louis 21/7/2021 ETA Toamasina 26/7/2021

B/L 912756116 31/07/2021 ETD 31/07/2021 ETA Toamasina 05/08/2021

For B/L 912715161 et 912706516- After all the proper import procedures were made. Goods were delivered to our client premises. Customs requested for another product testing and a minutes was signed between customs and my client (Sama)

FYI, kindly note that for all product of this kind a product sample is provided to the ministry of health for a certificate of conformity. Same was received for both shipments.

Despite all the export and import procedures were followed scrupuciously and in good faith. To-date our client has not received any notification regarding the product testing and its results. The goods are in our client premises but cannot be used as long as clearance is not obtained from customs. All the queries made by our client to the customs has been unfruitful.

B/L 912756116 - Those isotanks are blocked in the port. No clearance will be received as long previous shipment has not received clearance form customs. All the storages incurred will be on the behalf of our client.

This situation is severely jeopardising our client activities given they are almost out of stock. On our side, we have not received any payment from our client given that there is no visibility about this customs issue.

We hope the above will help and remain at your disposal for any further info you may require.

Very best regards

JEAN FRANCOIS DESVEAUX
MANAGING DIRECTOR
Ground Floor2
Hi Tech Center
Coastal Road
Pointe Aux Sables
Mauritius
Office: +230 235 02 69
Mobile:+230 5 254 70 20
E-mail: jeanfrancoisd@skvaint.com
Website: www.skvaint.com
 
Resolution status note: The Malagasy Customs Attache based in Mauritius facilitated the exchange of information with the Malagasy Customs and the issue was resolved. All containers have been cleared as confirmed by the exporter on 4th October 2021. The issue is resolved.  
Products: 3808.94.9: --- Other:  
NTB-001-045 2021-11-22 Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. Resolved
2022-06-14
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Complaint: The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union.  
Resolution status note: On 14 June 2022, the EAC Secretariat reported that the ban was lifted as a result of the Bilateral meeting of the two Partner States in December 2021.
So, the matter is resolved
 
NTB-001-046 8.8. Issues related to transit 2021-12-03 Uganda: Malaba Resolved
2022-06-14
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Complaint: On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that charges are collected by the private company "Sunco Ltd." at the Malaba Uganda border
The two Partner States agreed to handle the matter administratively and is resolved.
 
NTB-001-047 8.8. Issues related to transit 2021-12-01 Kenya: Mombasa sea port Resolved
2022-06-14
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Complaint: On 4th December Juba Trades Union reported challenges in clearing their consignment at Mombasa Port due to new regulations, which is not clear to them at the time they getting their goods for the holiday season, the complain of challenges with the new introduce system including the payment which is not clearly justified or oriented to the stakeholders, clearing process at Mombasa come to stop and goods stop flowing to Nimule border of South Sudan, South Sudan National Chamber of Commerce reported the concern to the Ministry of Trade and Industry indicating the impact of the measure on the market prices and lack of goods if no action is taken considering its a holiday season. traders are losing by been charge demurrages at port and arrival of the goods after the season. The Ministry of trade took action by canceling the Certificate of Destination to allow the flow of goods to the county, However the action was not honored by the RSS Customs office in Mombasa, reported by Kenya International Freight & Warehousing Association (KIFWA), National Chamber did meet with the RSS Minister of Finance to look at the matter and he promise to communicate to the Revenue Authority since he is not aware of the new regulation and the charges imposed. With the mounting pressure from the stakeholders National Revenue Authority send a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted and the Minister of trade order is to be honored as per NRA letter, lastly on 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50 Charges not those mention on the Certificate of Destination Chagres below:-
1- 40ft Container $400
2- 20ft Container $365
3- Vehicle 4x4 $365
4- Regular Vehicle $300
5- All UN Consignment $365
6- Loose cargo $250

The main challenge traders have face is lack of coordination between different institutions and the partner states when introducing new regulations or policies, this current measure is not official resolved by Customs Division of NRA. we hope Kenya and South Sudan should address it to assure its traders they are on regional integration and the free movement of goods and people are a true. Engagement of stakeholders is a key in success of any measure introduce by the government
 
Resolution status note: On 14 June 2022, the Secretariat reported that the framework under the Single Customs Territory (SCT), but also One-Stop Border Post (OSBP) manual has the provisions that allow the deployment of Customs Officers.
The National Revenue Authority sent a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted. On 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50. The two Partner States agreed to handle the matter administratively and should be resolved from the TBP
 
NTB-001-078 1.2. Government monopoly in export/import
Policy/Regulatory
2022-06-13 Kenya: Mombasa sea port Resolved
2023-07-03
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Complaint: The government of South Sudan through the Ministry of Transport on 25 Feb 2022 had request the government of Kenya through the Ministry of Transport to facilitate the clearing of all South Sudan cargo at Nairobi Dry Port by moving all containerize cargo by rail and to be cleared at a Private Container Freight Stations (CFS) Autoport Freight Terminals Ltd. When the directive was implemented on 13 June 2022, Stakeholders and the private sector in particulars did not appreciate the move and it see as monopolistic in nature and it did increase the cost of doing business for South Sudan importers, This was brought to the attention of the Ministry of Trade and Industry South Sudan which is the line ministry, The ministry of trade communicated to ministry of transport South Sudan on the implication raise by the private on the cost of import and the monopoly fact, after the consultation between the two ministry in South Sudan, The minister of Trade and Industry wrote two communication letters to the Ministry of Trade Kenya on 23rd May 2022 and Ministry of Transport Kenya on 13 June 2022. However, all the communication had not been responded to from Kenya ministries mention, on 28 July 2022 Members of Parliament summon the ministries of Trade and Transport and resolve to Suspend relocation of South Sudan Cargo via Nairobi to protect South Sudanese and the Minister of Transport South Sudan was requested to revoke his letter to the Ministry of Transport Kenya to allow South Sudanese cargo owner to clear their goods directly from the Port of Mombasa. On 28 July 2022 the Ministry of Transport South Sudan wrote to his counterpart in Kenya requesting the suspension of his previous letter dated 25 Feb 2022. All those communications did not bear fruit on trade facilitation update. Unfortunately on 4th October 2022 the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works. Wrote a letter to the National Treasury and Planning Kenya informing the Cabinet Secretary on not receiving any formal communication from South Sudan Government and for his guidance all South Sudanese cargo is to be rail and cleared at Nairobi.
 
Resolution status note: The 42nd SCTIFI noted that Kenya reiterated Her commitment to facilitating the transportation of RSS people and cargo through a letter dated 13th December 2022 addressed to the Minister for Transport South Sudan informing him of a presidential directive on clearance of goods and other attendant operational issues at the port of Mombasa copied to all concerned MDAs of Kenya which is being followed to date. Hence the NTB is resolved.  
NTB-001-273 6.2. Administrative fees 2024-10-05 Kenya: Sirari Resolved
2025-05-30
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Complaint: Sodium cyanide convoy of 10trucks delayed due to one truck rects online exit point internal input message reading exit Taveta  
Resolution status note: The meeting noted that the exporter did not pay but suffered 8 Days delay at the OSBP with trucks carrying hazardous goods. This is dangerous to the environment and the community around.
However, the issue is operational other than an NTB and should be referred to the Customs Committee for consideration
The NTB was referred to SCOC for consideration and resolution
The NTB was resolved by the COC:
The Sectoral Committee on Customs committed to strengthen inter agency communication and coordination among Partner States Customs authorities to avoid similar incidents in the future.
 
NTB-000-078 1.1. Export subsidies
B41: TBT regulations on production processes
2009-07-23 South Africa: SANAS Angola Resolved
2010-11-22
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Complaint: South Africa does not accept standards from other SADC Member States except SABS  
Resolution status note: South Africa reported that SADC is in the process of implementing the TBT annex and establishing the necessary regional institutions to create a regional accreditation system. Until the structures are developed and operational, South Africa will continue to request that products which are not accredited by recognized international accreditation bodies be retested by the South African Bureau of Standards (SABS). This exercise is not meant to deny SA trading counterpart’s access to the South African market, but simply to protect South African consumers.  
NTB-000-075 2.10. Inadequate or unreasonable customs procedures and charges 2009-07-23 SADC Botswana Resolved
2019-11-21
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Complaint: The SADC region has different border operating times and this inhibits intra regional trade  
Resolution status note: The SADC Secretariat submitted the following detailed progress report resolving the NTB.
The 29th Meeting of the Sub-Committee on Customs Cooperation (SCCC) held on 8-9 May 2019, in Gaborone, Botswana, recalled that that the 13th meeting of the Ministerial Task Force (MTF) on Regional Economic Integration held in July 2013 in Maputo, Mozambique, recognized that impediments to movement of goods across the SADC region should be urgently addressed. The MTF committed to take measures to address the following as “quick wins” to enhance border efficiencies and trade facilitation at selected borders:
a) Harmonization of operating hours at all adjacent borders with different operating hours such as Chirundu, Kasumbalesa, Kasumulo/Songwe border crossings in order to reduce congestion and enhance trade facilitation;
b) Review the hours of operation in order to cater for high traffic volumes and meet the requirements of trade at the following border posts:
(i) Chirundu (Zambia/Zimbabwe);
(ii) Kasumbalesa (DRC/Zambia);
(iii) Kasumulo/Songwe (Tanzania/Malawi);
(iv) Kazungula ( Botswana/Zambia/Zimbabwe);
(v) Machipanda/Forbes (Mozambique/Zimbabwe);
(vi) Calomue/Dedza (Mozambique/Malawi);
(vii) Nyamapanda/Cuchamano (Zimbabwe / Mozambique);
(viii) Tunduma/Nakonde (Zambia/Tanzania); and
(ix) Ramokgwebana/Plumtree (Botswana/Zimbabwe)
(x) Santa Clara/Oshikango (Angola/Namibia).
c) Agreed to be proactively involved in the implementation of the one-stop border post (OSBP) programme at the borders to support the following priorities as identified in the Regional Infrastructure Development Master Plan short-term plan:
(i) Kasumbalesa (DRC / Zambia);
(ii) Kazungula ( Botswana / Zambia /Zimbabwe);
(iii) Tunduma / Nakonde (Zambia/Tanzania);
(iv) Mwami / Mchinji (Zambia / Malawi);
(v) Chiponde/ Mandimba (Malawi/Mozambique); and
(vi) Trans- Kalahari / Mamuno (Namibia/ Botswana).

SCCC also noted that the matrix on Progress on Border Management was circulated in March 2019 to all Member States in order to provide an update on the implementation of the trade facilitation initiatives but the submission was received only from South Africa.

The meeting urged the Member States to provide an update on the implementation of the trade facilitation initiatives by latest 30th May 2019
The SCCC:
(i) noted the progress on the implementation of the trade facilitation through initiatives in border management;
(ii) urged the Member States to expedite the implementation of the agreed trade facilitation measure to enhance efficiencies and border crossing as directed by the Ministerial Task Force on Regional Economic Integration; and
(iii) requested the Member States to submit any further updates with respect of initiatives being undertaken at major border posts in terms of extension and harmonization of border operating hours, One-Stop Border Posts, and Coordinated Border Management
The Secretariat received the update on harmonization of operating hours at all adjacent borders with different operating hours in order to reduce congestion and enhance trade facilitation and compiled in the table below.

MAIN SADC BORDERS: HARMONIZATION OF OPERATING HOURS -2019
Border Post Countries Opening hours
1 Kasumbalesa RD Congo / Zambia Both sides operate from 06h00 to 18h00.
2 Luvu/Lufu Angola/ DRC Both sides operate from 06h00 to 18h00.
3 Kazungula Ferry Botswana / Zambia Both sides operate from 06h00 to 18h00.
4 Victoria Falls Zimbabwe/ Zambia The hours of operation are 06h00 to 22h00.
5 Beitbridge / Mesina South Africa/Zimbabwe The border operates 24hs
6 Nakonde / Tunduma Zambia / Tanzania The border operates 24hs
7 Kasumulu / Songwe Tanzania /Malawi Malawi operating from 06h00 to 18h00 and
Tanzania from 07h00 to 19h00 (time zone)
8 Mwami / Mchinji Malawi/ Zambia The borders operate 24 hours. However, for
Commercial, it is from 06h00 to 18h00

9 Chiponde / Mandimba Malawi/ Mozambique Both sides operate from 06h00 to 18h00
10 Zobue / Mwanza Mozambique/Malawi Both sides operate from 06h00 to 21h00
11 Machipanda / Forbes Mozambique/Zimbabwe Both sides operate from 06h00 to 20h00
12 Nyamapanda / Cuchamano Mozambique/Zimbabwe Both sides operate from 06h00 to 20h00.
13 Trans-Kalahari / Mamuno Namibia / Botswana Both sides operate from 07h00 to 24h00.
14 Kazungula Ferry Botswana /Zambia Both sides operate from 06h00 to 18h00.
15 Ramokgwebane / Plumtree Botswana/ Zimbabwe Both sides operate from 06h00 to 22h00.
16 Kopfontein / Tlokweng South Africa/ Botswana Both sides operate from 06h00 to 24h00
17 Beitbridge / Mesina South Africa/Zimbabwe The border operates 24hs
18 Lebombo / Ressano Garcia South Africa/ Mozambique Both sides operate from 06h00 to 24h00
19 Santa Clara / Oshikango Angola/ Namibia Both sides operate from 08h00 to 18h00
20 Jimbe / Jimbe Angola/ Zambia Both sides operate from 06h00 to 18h00.
21 Maseru Bridge Port of Entry Lesotho / South Africa The border operates 24hs
22 Lomahasha / Namaacha Mozambique/ Eswatini Both sides operate from 07h00 to 24h00
23 Goba Border Post / Mlhumeni Mozambique/ Eswatini The border operates 24hs
24 Golela Border / Lavumisa Mozambique/ Eswatini Both sides operate from 07h00 to 22h00
25 Border Posts / Mananga Mozambique/ Eswatini Both sides operate from 07h00 to 22h00
26 Oshoek Border / Ngwenya Eswatini/South Africa Both sides operate from 07h00 to 22h00
 
NTB-000-346 1.1. Export subsidies
B81: Product registration/approval requirements
2010-02-09 Botswana: Ministry of Health Botswana Resolved
2011-06-08
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Complaint: The Botswana drug registration process was intended to safeguard public health. However, due to lack of human resources, to administer the process, half of the drugs available in South Africa are no longer available in Botswana  
Resolution status note: Botswana reported that it regulates medicines to safeguard public health and to assess products/ drugs.

There is a priority list for drugs, e.g. for the following diseases; HIV, Tuberculoses and Malaria.

The issue of lack of human resources is being addressed
 
NTB-000-348 5.1. Quantitative restrictions 2010-02-09 Botswana: Ministry of Trade Botswana Resolved
2011-07-22
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Complaint: Botswana regulates importation and pricing of petroleum products  
Resolution status note: Botswana reported that petroleum products are not regulated  
NTB-000-348 5.1. Quantitative restrictions 2010-02-09 Botswana: Ministry of Trade Botswana Resolved
2011-07-22
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Complaint: Botswana regulates importation and pricing of petroleum products  
Resolution status note: On 22 July 2011, Botswana reported that petroleum products are not regulated  
NTB-000-129 2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory
2009-07-26 Eswatini: Bordergate Botswana Resolved
2011-06-06
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Complaint: A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT.  
Resolution status note: The Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders.  
NTB-000-129 2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory
2009-07-26 Eswatini: Bordergate Botswana Resolved
2011-06-06
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Complaint: A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT.  
Resolution status note: Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders.  
NTB-000-087 5.12. Export restraint arrangements 2009-07-23 South Africa: Ministry of Trade Botswana Resolved
2010-11-22
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Complaint: South Africa has put in place export restraints for the exportation of dried beans to that market  
Resolution status note: South Africa reported that this barrier is no longer existing  
NTB-000-228 5.3. Export taxes 2009-07-28 South Africa: Ministry of Trade Botswana Resolved
2010-11-22
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Complaint: In South Africa, Minister can impose export tax under the Livestock and meat industries Act  
Resolution status note: South Africa reported that this act is in Botswana not SA. SA has an ‘Animal Health Act and the Meat Safety Act’, there are no export taxes under this act.  
NTB-000-347 5.1. Quantitative restrictions 2010-02-09 Botswana: Ministry of Agriculture Botswana Resolved
2010-11-29
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Complaint: Botswana regulates importation of grains  
Resolution status note: Botswana reported that it has multi channel maize marketing. Ministry of Agriculture issue import permits to ensure balance between local sourcing and importation.  
NTB-000-457 8.7. Costly Road user charges /fees 2011-09-14 Zimbabwe: Plumtree Botswana Resolved
2012-04-26
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Complaint: charges for carbon tax and insurance affecting our traveling costs that needs to be removed for easer movement  
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 explained that charging carbon tax and insurance are standard procedures in the SADC region. There is no violation of SADC or COMESA regulations. A carbon tax is for the protection of the environment therefore this NTB should be considered resolved.
1. Botswana requested that Zimbabwe provides the available information on the specific fees and or charges specifying whether the charges are per trip or for the whole year.
2. It was agreed that this NTB should be considered resolved once Zimbabwe has provided the requested information.
 
NTB-000-458 2.8. Lengthy and costly customs clearance procedures 2011-09-08 Botswana: Martins Drift Botswana Resolved
2012-12-11
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Complaint: Time taken to clear both side, high cost of paid to clearing agents both sides and attitude of Botswana customs officials is a seriuos concern and a mojr NTB. What you encounter at boarders is inconsistant and contradicts what the government preaches in relation to SMME development.  
Resolution status note: Botswana reported that BURS is committed to ensuring that all procedures are standard, transparent and consistent at all times to all traders and are working hard to ensure that this is maintained. BURS are working hard on those issues to ensure efficient service delivery to all traders including SMMEs as they recognize the fact that they also contribute hugely to the growth of the country’s economy.

With regards to clearance, Botswana reported that, under normal circumstances, when one has all requirements in place, electronically processed customs declaration will be processed within 4 hours and manual declarations within 24 hours.

Clearing agents’ fees vary from agent to agent, however the average clearing fee for Imports is P650.00 and P450.00 for exports, this depends on mostly the weight, volume and type of commodity. These fees are set by the market. In order for the trader to be able to bypass the clearing agents they need to have registered for the ASYCUDA system with BURS, traders who trade at least every week and meet other mandatory requirements are given rights to use the ASYCUDA system.
 
NTB-000-460 6.1. Prior import deposits and subsidies
Policy/Regulatory
2011-06-06 Botswana: BURS Botswana Resolved
2013-05-23
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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)  
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