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-000-217 2.9. Issues related to transit fees
Policy/Regulatory
2009-07-27 Zambia: Zambia Revenue Authority Zimbabwe Resolved
2010-11-22
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Complaint: When Zimbabwean goods are exported to DRC via Zambia, Zambian authorities require that a bond guarantee be deposited with Customs authorities to safeguard the goods in transit. Zambian authorities call for the bond guarantee to be paid in hard currency at port of entry but refunds are made in Zambian currency at port of exit. The Zambian currency may be of no use to the exporter in the country of destination of the products or country of origin.  
Resolution status note: Zambia reported that all payments to Zambia Revenue Authority (ZRA) are in Zambian currency (Kwacha). Based on existing legislation which is consistent with international best practices, all goods transiting through Zambia are expected to be on a transit document (and covered by transit bond/security) or a monetary deposit on all those without bond cover. With the newly introduced Electronic Deposit account system in place, clients who pay a deposit at Entry point are able to get the refund at the Exit point provided they comply with deposit conditions.  
NTB-000-399 7.3. Corruption 2011-02-21 Zimbabwe: kariba border post Zimbabwe Resolved
2012-03-28
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Complaint: Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating  
Resolution status note: At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that complaints relating to bribery should be reported immediately to the officer in charge for traceability and immediate action besides the online system for transparency. This could have been a once off incidence  
NTB-000-399 7.3. Corruption 2011-02-21 Zimbabwe: kariba border post Zimbabwe Resolved
2012-03-28
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Complaint: Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating  
Resolution status note: This issue was discussed by the National Monitoring Committee at their workshop held on 21 July in Harare which noted that such incidences do occur and proposed that the concerned authorities, namely Police Department and the Ministry of Industry and Commerce take up the matter for investigation with a view to putting in place systems for detterement of such practices in future.

On 22 March 2012, Zimbabwe Revenue Authority Focal Point reported that ZIMRA had since had consultations with Zimbabwe Republic Police on this once off incident. The two parties expect that this would not happen again. The Lake Harest Company was advised that, in future , they should report such incidences immediately either to ZIMRA or the the Senior police officers at Kariba so that they are dealt with immediately . This matter is therefore considered resolved
 
NTB-000-413 7.9. Inadequate trade related infrastructure 2010-03-31 Zimbabwe: Kariba Zimbabwe Resolved
2011-07-28
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Complaint: Crossborders buses are not allowed to cross over Kariba Bridge, which in turn will force a number of cross border traders to use Chirundu via Makuti which is expensive to the traders then(can the tonnage limit be reviewed by Zambezi River Authority and the Ministry of transport)  
Resolution status note: At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that a eeting between Zimbabwe and Zambezi river Authority had agreed on th elifting of the ban. The ban has been lifted to allow cross border buses and small commercial transport of up to 11tonnes to use the bridge.  
Products: 0302.11: Fresh or chilled trout "Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster"  
NTB-000-414 1.1. Export subsidies
B33: Packaging requirements
2011-03-01 Zimbabwe: Chirundu Zimbabwe Resolved
2011-05-10
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Complaint: Ban on plastics of thickness less than 30 micro meters  
Resolution status note: The ban is being effected under Statutory Instrument 98 of 2010 - Environmental Management (Plastic Packaging and Plastic Bottles) Regulations , 2010 issued by the Minister of Environment and Natural Resources Management in terms of section 140 of the Environment Management Act ( Chapter 20:27) to protect the environment  
Products: 3923.29: Sacks and bags, incl. cones, of plastics (excl. those of polymers of ethylene)  
NTB-000-416 5.10. Prohibitions 2011-01-01 Zimbabwe: Victoria Falls Zimbabwe Resolved
2011-07-28
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Complaint: Zimbabwe government absolute ban of the importation of potatoes and tomatoes  
Resolution status note: At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that there is no ban on importation of tomatoes and potatoes as reported by the Ministry of Agriculture at the NMC meeting held on 21 July 2011.  
Products: 2002.10: Tomatoes, whole or in pieces, prepared or preserved otherwise than by vinegar or acetic acid  
NTB-000-421 7.8. Consular and Immigration Issues
Policy/Regulatory
2011-07-07 Zambia: Chirundu Zimbabwe Resolved
2013-04-13
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Complaint: A comercial truck driver's trip was rejected entry into Zambia ,the driver was rejected entry after the expected required number of days (90) allowed entry into Zambia had expired within a period of 12 months . The company was required to pay ZK 2 million for a three month permit. The fees are too exhobitant especially for small scale transport companies. Visa restriction on the movement of commercial vehicle drivers on duty have been experienced in Angola, Namibia, South Africa and Zambia.  
Resolution status note: Pursuant to the SADC transport Protocol signed by Heads of States on the 22nd August 1996 in Maseru, Lesotho and the Memorandum of Understanding (MoU) on Walvis Bay -Ndola-Lubumbashi Corridor signed in March 2010 in Livingstone, Zambia, Zambia directed all Regional Immigration Officers to issue one (01) year Transit Permit to all Foreign truck drivers. The Truck Drivers permit is issued in aacordance to section 32 ,Border Pass and Transit Permit of the Immigration Act of Zambia implememnted from 09 December 2011.  
Products: 1511.10: Crude palm oil  
NTB-000-422 8.7. Costly Road user charges /fees
Policy/Regulatory
2011-07-04 Zambia: Chirundu - Lusaka Highway Zimbabwe Resolved
2012-04-26
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Complaint: Zambia is enforcing a requirement under the CONSTRUCTION AND USE REGULATIONS OF THE ROADS AND ROAD TRAFFIC ACT CAP 464, SECTION 17 (2) OF THE SUBSIDIARY LEGISLATION imposing a fee of K180, 000 on all trucks using the Zambian roads without mud flaps , unless the truck or trailer is made in such a way that it can capture the mud, water and flying stones coming out of the wheels of the truck. This requirement is not imposed by all other countries on the transit routes. There needs to be understanding amongst member states that they be flexible with enforcement on foreign vehicles and accept those that have valid roadworthiness certificates from their countries of registration.  
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,Zambia clarified that the charge on trucks without mud flaps is applied on all vehicles, local and foreign and therefore not discriminatory. This is a legal requirement. It was resolved that this NTB be recorded under the schedule of ‘Resolved’ NTBs of policy and regulatory nature for further consideration  
Products: 1703.90: Beet molasses resulting from the extraction or refining of sugar  
NTB-000-423 7.1. Arbitrariness 2011-07-12 Mozambique: Dondo Zimbabwe Resolved
2012-03-27
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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-000-426 1.8. Import bans 2011-07-01 Zimbabwe: Kariba Zimbabwe Resolved
2012-04-26
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Complaint: Ban on all Potatoes as Directed by the Ministry of Agriculture  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Zimbabwe reported that banning of potatoes was done to protect plants from pests originating across the borders. This is therefore a NTM.  
NTB-000-427 1.8. Import bans 2010-10-14 Zimbabwe: Kariba Zimbabwe Resolved
2012-04-26
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Complaint: RE: Importation of Day old Chicks  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Zimbabwe reported that banning of day old chicks was done to protect animals from diseases originating across the borders. This is therefore a NTM.  
NTB-000-557 2.10. Inadequate or unreasonable customs procedures and charges 2012-03-01 Zimbabwe: Kariba Zimbabwe Resolved
2013-05-27
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Complaint: We would appreciate of Zimra can starndize their operations for duty purposes from the onset of STR project CIF (cost insurence freight) was not charged on on all STR goods, but as of now CIF is being charged, 6% is charged on the total value of a consingment, example plastic spoons costing K1400000.00=$280.00 plus 6% comes to $296.80 if cif was not charged the trader was going to pay $70.00 as vat & p-tax but including cif the trader pays $74.20 we know Zimra is government agent for revenue collection but this must be clear, because some officers, they do not charge this 6% cif and all the borders namely Kariba,Chirundu, Victoria Falls and Nyamapanda they charge differently why not uniformity,  
Resolution status note: On 27 May 2013, Zimbabwe Revenue Authority advised that the correct method to value commercial consignments imported into Zimbabwe is on a Cost, Insurance and Freight (CIF) basis. Simplified Trade Regime (STR) importations are commercial importations and therefore this method is applicable. The current practice to value STR goods on a CIF basis is therefore the correct approach. Where the insurance and transport has not been proved the Customs and Excise Act (Chapter 23:02) of Zimbabwe provides for 1% and 5% of the value the consignment to make it 6% to be considered as the charges respectively. Guidelines on valuation would be recirculated to all stations.  
NTB-000-464 6.2. Administrative fees
Policy/Regulatory
2011-09-12 Zambia: Zambia Revenue Authority Zimbabwe Resolved
2012-04-26
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Complaint: With effect from 12 September 2011, Zambia Revenue Authority has introduced exorbitant examination fees of K360, 000.00 for 2000 units @ ZMK 180 plus the CED fee of K50, 040.00. The inspection fee and CED are put together and charged as customs clearance fee (asycuda fee) - K410, 040.00 meaning the CED fees have gone up. The total customs clearance fee is now $100 per entry increasing by USD85.00 from USD15.00. The inspection fee does not change relative to the number of units exported/imported. It is a standard fee regardless of the units imported. The units referred to in the Statutory Instrument do not refer to units imported or exported but rather is just a unit of measurement determined by government. The charges, applicable to Imported into the country and those destined for Export out of Zambia, negatively impact on the landed cost of goods and defeat the whole concept of poverty alleviation in Africa. Zambia justifies the objective of the fee as to maintain the inspection equipment e.g. X – rays.  
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,Zambia reported that the examination fee was removed through a statutory instrument therefore the NTB is resolved. Zambia will forward the SI for posting onto the system.  
NTB-000-465 8.6. Vehicle standards 2006-07-01 Zimbabwe: Makuti turn-off to Kariba, from Chirundu-Harare highway. Zimbabwe Resolved
2012-08-09
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Complaint: TONNAGE LIMIT ROAD SIGN is still indicating retrictive tonnages. The sign should be removed to allow busses and small commercial trucks for traders to pass on Kariba Bridge.  
Resolution status note: Focal point reported that the Ministry of Transport removed the sign post in August 2012.  
NTB-000-467 2.14. Other 2011-08-08 Zimbabwe: Kariba Zimbabwe Resolved
2011-10-25
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Complaint: On the 8/8/2011 a trader came with 45 pairs of slippers that is plastic footwear which qualifies the product to be traded using Comesa certificate of Origin under code 6404 since the onset of the project, the trader was charged duty of $72.00 calculated from total value of $31.10 yet she was only to pay vat & p-tax of $7.76, after discussions with Customs Manager she then paid $14.00 for vat, p-tax,and storage charge of $6.00 for 3days. from this day custom then banned importation of plastic footwear under this code 6404 and this ban is only at Kariba border Post, Zimbabwe, yet on Zambian side they give Comesa Certificate of Origin for the same product ,this is now promoting smuggling of this product along Zambezi River if that person dont want to Chirundu route  
Resolution status note: Zimbabwe Revenue Authority reported that the product Plastic Slippers is classified in tariff 6402.2000 which is not on the COMESA STR Common List of products therefore customs officers could not clear under that instrument. However, following consultations between officials from Zimbabwe and Zambia, products in HS code 6402 will be put up for consideration to be included on the COMESA STR list of products at the next reveiw meeting.  
Products: 6404.19: Footwear with outer soles of rubber or plastics and uppers of textile materials (excl. sports footwear, incl. tennis shoes, basketball shoes, gym shoes, training shoes and the like, and toy footwear)  
NTB-000-527 2.6. Additional taxes and other charges 2012-08-20 Zambia: Chirundu Zimbabwe Resolved
2013-04-12
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Complaint: The 16th Zimbabwe/Zambia Joint Commission held in Masvingo from 23-25 August 2012 learnt that Zambia had introduced a law which compels informal traders from outside that country to pay 1 Million Kwacha for a trading permit. The permit is valid for six months. Zimbabwe viewed the Zambia action as against the principles of the COMESA Simplified Trade Regime (STR) and also constituting an NTB.  
Resolution status note: On 25 September 2012, Zambia Focal point reported that the complaint from Zimbabwe with regard to the introduction of the Cross Border Permit valued at ZMK,000,000 as provided for under the new Immigration laws is valid. In a follow up with Zambia Immigration at Kariba Border post on 12 April 2013, it was reported that the ZMK 1 million was reasonable because the permit is a multi-entry and does not restrict traders to number of days per visit during in the six months validity of the permit. Further, the Focal point reported that Zambia was in the process of reviewing the fee downwards. The signing of the statutory instrument by the Hon. Minister of Home Affairs so as to operationalise the same is still being awaited.  
NTB-000-528 8.1. Government Policy and regulations
Policy/Regulatory
2012-09-10 Zimbabwe: Nyamapanda Zimbabwe Resolved
2015-06-10
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Complaint: This complaint is registered by FESARTA.
Port Health at Nyamapanda, Zimbabwe, has issued a notice to the effect that all goods transiting the border are to be inspected, from 10th September.
The inspection in itself is not a problem.
However, a charge is to be levied for this inspection. This is unacceptable.
Port Health is a government department, which has a duty to perform, in the course of its daily work.
This duty is part of Port Health's daily workload and it budgeted for from Central Government.
Health inspections are done in the interests of the country and are not asked for by the transporter.
There should be no extra charge for this.
What would happen if every government department charged citizens for carrying out their daily duties?
 
Resolution status note: During the meeting of COMESA Heads of Customs Sub- Committee held in Nairobi on 19-20 June 2015, Zimbabwe reported that the NTB was an internal control measure and what was required was sensitization of stakeholders on various import and export requirements. This was resolved at the 31st COMESA Trade and Customs Committee meeting held on 7-10 September 2015.  
NTB-000-543 6.7. Other 2012-01-01 Zambia: Chirundu Zimbabwe Resolved
2016-03-31
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Complaint: Traders are being forced to pay $20 each by the Immigration side of Chirundu if they bear same address of where they are going in Zambia yet they will just going for a day to buy whatever goods for trade, this kind of behaviour of immigration officers is disturbing out traders different from Zimbabwe side what they do to Zambians trading in Zimbabwe  
Resolution status note: On 31st March 2016, Zambia Focal Point reported that there is no law in Zambia that compels a trader to pay $20. In the event that a trader is asked to pay, they should request for an official government receipt which can be verified with Focal Points.  
NTB-000-533 7.6. Lack of information on procedures (or changes thereof) 2012-09-24 Zimbabwe: Victoria Falls Zimbabwe Resolved
2013-06-30
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Complaint: We are importing fuel tankers from South Africa to Zambia. The trailers are SA Registered (Valid licence and Registration Plates - deregistered once in Zambia). The Truck Tractors are from our Zambian Fleet. On arrival at Beit Bridge, the documents are accepted by ZIMRA as trailers being exported to Zambia, drawn on their own wheels, in transit across Zimbabwe to Victoria Falls. The act of exporting the trailers on their own wheels is thus condoned by ZIMRA at Beit Bridge.
When we get to Victoria Falls, we are then told by ZIMRA that exported motorised vehicles must be carried on the back of a flat deck trailer. A statutory instrument is eluded to, but we have yet to see this.
Our arguement is as follows. The trailers have valid registrations and licences (not to mention all the Police Clearances for export), they are not motorised (self propelled), ZIMRA Beit Bridge has condoned the export on wheels and we are actually presenting ourselves at Vic Falls and have not disappeared with the units illegally into Zimbabwe.
Placing these units on flat decks is prohibitively expensive. We are not transporting imported cars from overseas that are deregistered and for which we understand the need to be transported whilst in transit across Zimbabwe on a flat deck etc.
There is no clear statutory instrument that we have seen on exports of this nature eg licenced trailers
 
Resolution status note: On 30 June 2013, Zimbabwe Revenue Authority reported that the treatment by Beitbridge to allow the trailers on their wheels when transiting through Zimbabwe for re-exports to Zambia was the correct treatment. The legislation on movement of goods in transit through Zimbabwe is in terms of Section 234(3) of the Zimbabwe Customs and Excise Act (Chapter 23:02) which reads "Where the goods in transit concerned are motor vehicles, no such motor vehicle shall be driven on any road in Zimbabwe but shall be transported on a long-haul motor vehicle carrier". This requirement was inserted by Act 3 of 2010 and was with effect from 1 November 2010. The requirement only affects motor vehicles and does not affect trailers as they cannot be driven but are rather pulled by mechanical horses. This interpretation had been discussed with the Station Manager Victoria Falls who shared the same view and assured that there would be no issues raised in this regard on trailers being re-exported to Zambia.  
NTB-000-544 2.3. Issues related to the rules of origin 2012-06-01 Zimbabwe: Chirundu Zimbabwe Resolved
2013-06-13
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Complaint: Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products  
Resolution status note: On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.

Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.

In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above.
 
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