| Complaint number |
NTB Type
Check allUncheck all |
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
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NTB-000-690 |
2.4. Import licensing |
2015-12-11 |
Malawi: Mwami |
Zambia |
Resolved 2017-05-17 |
View |
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Complaint:
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The Republic of Malawi has amended the Control of Goods Act CAP 18:08 to make the order which can be cited as the Control of Goods (Import and Export) (Commerce) Order, 2015 a Statutory Instrument placing import restrictions on products which include cement, refined cooking oil, laundry soaps among other things. The effect of the enactment is that cross border traders now require an Import License to import the goods that are subject to this Statutory Instrument into the Republic of Malawi. This development has had adverse effects on the company that is in the business of exporting and importing various products to and from Malawi. Currently, trucks carrying cement are being denied entry into Malawi and this has resulted in considerable amount of economic loss for the company. |
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Resolution status note:
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During the 15th Meeting of SADC Committee on Trade Facilitation, Malawi Focal Point reported that, 'While there were some erroneous issues with regard to the dates of the Statutory Instrument and the complaint itself I wish to report that this complaint was resolved last year at a COMESA Meeting on NTBs. The same was reported to the COMESA Policy organs Meetings in Antananarivo Madagascar in October 2016. It should be noted that the Inter-governmental Committee (COMESA Committee of Permanent Secretaries) and the COMESA Council of Ministers endorsed the fact that this NTB complaint was resolved'.
This NTB is therefore resolved on the basi of COMESA Ministerial decision above. |
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Products:
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25: Salt; sulphur; earths and stone; plastering materials, lime and cement |
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NTB-000-958 |
8.6. Vehicle standards |
2020-05-20 |
Mozambique: Dondo Weigh Bridge
-19.578854, 34.728999 |
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Resolved 2022-10-20 |
View |
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Complaint:
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The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.
On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.
According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.
Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.
The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.
Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
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Resolution status note:
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Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints. |
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NTB-000-910 |
2.3. Issues related to the rules of origin Policy/Regulatory |
2019-08-28 |
Rwanda: Rusumo |
Tanzania |
Resolved 2020-09-01 |
View |
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Complaint:
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The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania. |
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Resolution status note:
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During the RMC meeting held on 1 September 2020, Rwanda reported that the preferential treatment is being granted for these goods. Hence the NTB is resolved.Tanzania to consult the company concerned and provide feedback. |
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NTB-001-025 |
8.1. Government Policy and regulations |
2021-08-10 |
Malawi: SONGWE KARONGA BOX 8 WEIGHBRIDGE |
Rwanda |
Resolved 2023-04-06 |
View |
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Complaint:
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The Rwanda truck carrying Fertilizer TPT from Tanzania to Malawi Lilongwe was refused to enter Malawi and charged USD 1000 for violating third country rule a provision that is being applied betwen Zambia and Malawi to protect their national transport operators against foreign transporters not registered in Malawi. This is a discrimination against other trucks transporting goods to Malawi |
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Resolution status note:
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The COMESA workshop on Capacity building for Member States held on 2- 6 April 2023, reviewed this matter and recommended that the Secretariat to recommend to Rwanda to regard this NTB as resolved considering that there are Legal Instruments supporting its implementation. The relevant transport instruments would be shared with Rwanda. |
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NTB-000-075 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-07-23 |
SADC |
Botswana |
Resolved 2019-11-21 |
View |
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Complaint:
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The SADC region has different border operating times and this inhibits intra regional trade |
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Resolution status note:
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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 |
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NTB-000-490 |
2.3. Issues related to the rules of origin |
2012-01-12 |
Tanzania: It happened at Rusumo border post |
Rwanda |
Resolved 2012-04-26 |
View |
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Complaint:
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The simplified trade regime to enhance cross border trade is not implemented since the simplified certificate of origin is not used. For the certificate of origin to be accepted, each country has to provide a list of products that regularly cross the border. Rwanda Revenue Authority on 16th September 2011, send a request to Tanzania asking for the list of common traded goods at our borders but did not receive a response. |
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Resolution status note:
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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 launched the simplified trade regime at Rusumo border in March 2012. Tanzania has inaugurated and exchanged the list with Rwanda and the rate is no longer US$500 but US$2000 as from 16 March, 2012 |
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NTB-000-694 |
2.8. Lengthy and costly customs clearance procedures |
2016-05-10 |
South Africa: OR Tambo International Airport |
Lesotho |
Resolved 2016-05-17 |
View |
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Complaint:
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The South African Revenue Authority ( SARS) are delaying release of goods imported through OR Tambo airport . SARs has detained ur goods for seven days now since 10th May without an explanation. It is the second time that the goods we are importing for business are detained at OR Tambo by Customs. The goods arrived on 10 May 2016, and they are still not released by today 17 May 2016. We are concerned that SARS may demand us to pay for storage and yet we do not understand why Customs has detained the goods for this long? My company has already lost revenue and missed on opportunity to sell and the demand for storage payment will cripple our business? We therefore request that SARS expedites release of our goods . |
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Resolution status note:
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The consignment was identified by SARS Case selection for inspection by the Customs Border Control Unit and subsequent to the inspection, the consignment was detained for proof of payment, original invoice and also to verify the importer’s code. Due to the Master Airway Bill stating final destination as Johannesburg (refer to Airway Bill attached under Airport of Destination), it was difficult for the inspection team to identify if the goods were in transit. This was only discovered after the client informed SARS that the goods in question was an RIT entry to Lesotho.
After the client informed SARS of the status of the consignment, the goods were then released on 17 May 2015
Our advise going forward is that in order to avoid future delays, the documents should clearly state the final destination as Maseru, Lesotho. |
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NTB-000-722 |
2.8. Lengthy and costly customs clearance procedures |
2016-08-29 |
South Africa: OR Tambo International Airport |
Lesotho |
Resolved 2016-11-25 |
View |
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Complaint:
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The South African Revenue Services at OR Tambo have detained consignment destined for Maseru since 29 August 2016 without explanation. This is yet another time when our goods are detained for more than a week and yet they are destined for Lesotho and not South Africa. The airway bill clearly has the address of the importer being in Lesotho but South African Customs detains the goods nonetheless. South African Customs is requested to explain the rationale for detaining goods destined for other countries , in this case Lesotho and whether it is lawful that goods which arrived on 29 August are still detained? |
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Resolution status note:
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Dear Focal Points South Africa and Lesotho,
This issue was resolved long time ago. However, the SADC secretariat recommended that a long term solution be secured that responds to such questions as asked by Lesotho on above comment. You are kindly requested to recommend a way forward on the long term solutions. Otherwise we need to resolve this NTB as per current status . South Africa Focal point is of the view that we resolve it and I agree. This NTB is therefore resolved on the understanding that the Focal Points of Lesotho and South Africa will make necessary arrangements to ensure that the problem does not repeat itself in future now that it has been identified.
System administrator |
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NTB-000-118 |
1.3. State subsidies, procurement, trading, state ownership |
2009-07-26 |
Seychelles: Seychelles Marketing Board |
Seychelles |
Resolved 2010-11-22 |
View |
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Complaint:
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The State participates in trading through the Seychelles marketing Board. The State Trading Company has an unfair competitive advantage over private traders. |
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Resolution status note:
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Seychelles reported that SMB no longer in existence. Successor company STC privatised. |
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NTB-000-963 |
2.10. Inadequate or unreasonable customs procedures and charges Policy/Regulatory |
2020-06-01 |
Kenya: At Taveta border post |
Rwanda |
Resolved 2020-09-10 |
View |
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Complaint:
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The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017 |
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Resolution status note:
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During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved. |
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NTB-000-642 |
2.9. Issues related to transit fees |
2014-12-09 |
Tanzania: Dar-es-Salaam Port |
Burundi |
Resolved 2014-12-11 |
View |
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Complaint:
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The United Republic of Tanzania via the Ministry of Health and Social Welfare is charging USD200 as registration fee for transit permit on each transit container which contain which contain Chemical products. |
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Resolution status note:
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At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that the levy was abolished in 2012.This NTB is therefore resolved. |
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NTB-000-220 |
2.2. Arbitrary customs classification |
2009-07-28 |
Zambia: Zambia Revenue Authority |
Zambia |
Resolved 2010-11-22 |
View |
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Complaint:
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The valuation of imported goods carried by Small cross border traders is not transparent. Customs officials rely on power to impound imported goods to make small scale cross border traders pay rather suspicious duties. |
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Resolution status note:
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Zambia reported that she is using the WTO Customs Valuation procedure, and has an appeals mechanism to address complaints from the traders |
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NTB-000-286 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-09-08 |
Zambia: Ministry of Trade |
Namibia |
Resolved 2010-11-22 |
View |
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Complaint:
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The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of fishmeal under the SADC Trade Protocol. |
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Resolution status note:
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Zambia reported that she is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol. |
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NTB-000-287 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-09-08 |
Zambia: Other Zambia |
Namibia |
Resolved 2010-11-22 |
View |
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Complaint:
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The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of pasta under the SADC Trade Protocol. |
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Resolution status note:
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Zambia reported that Zambia is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol. |
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NTB-000-285 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-09-08 |
Zambia: Ministry of Trade |
Namibia |
Resolved 2010-11-22 |
View |
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Complaint:
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The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of salt under the SADC Trade Protocol. |
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Resolution status note:
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Zambia reported that she is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol |
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NTB-000-400 |
1.1. Export subsidies A52: Irradiation |
2011-02-22 |
South Africa: The Department of Trade and Industry |
Zambia |
Resolved 2015-08-10 |
View |
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Complaint:
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The Zambian honey sector have come against repeated resistance from the South African authorities to allow organic honey to enter the South Africa market without the unnecessary requirement of irradiation. Therefore, our traders are requesting the South African government for an exemption from the irradiation requirements for the importation of honey from Zambia as set out by the National Department of Agriculture (RSA).
An analysis undertaken by the National Department of Agriculture (NDA) of South Africa collected honey samples from across Zambia during a national disease survey funded by the World Bank in conjunction with the Department of Agriculture of Zambia. The findings of this analysis by the NDA reveal that there is no American Foulbrood Disease in Zambia. |
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Resolution status note:
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South Africa advised that all honey exports from Zambia were now accepted into that market. |
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Products:
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0409.00: Natural honey |
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NTB-000-194 |
2.2. Arbitrary customs classification |
2009-07-27 |
Zimbabwe: Ministry of Industry & Commerce |
Zimbabwe |
Resolved 2011-03-01 |
View |
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Complaint:
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The Zimbabwe tariff regime has a wide dispersion of import duty rates across the harmonised System. Zimbabwe Revenue Authority (ZIMRA) and importers are often engaged in disputes over which tariff code to classify certain commodities. Where two tariff codes appear similar, ZIMRA officials would want to maximize revenue and classify commodities according the high revenue earning tariff. At the same time, importers classify commodities according to the lowest tariff rates in order to minimize costs. These tariff classification disputes act as a non tariff barrier which can delay the clearing of goods. Valuation of goods is done by senior Customs (ZIMRA) Officers who are not always available thus causing further delays. |
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Resolution status note:
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Zimbabwe reported that Clear tariff resolution structures are in place. These start from station level up to National level. Importers of goods may escalate the disputes to Fiscal courts and ZIMRA may also seek the assistance of WCO tariff rulings. |
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NTB-001-116 |
8.8. Issues related to transit |
2023-05-01 |
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Uganda |
Resolved 2023-07-03 |
View |
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Complaint:
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There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each. |
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Resolution status note:
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During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved. |
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NTB-000-750 |
8.8. Issues related to transit |
2017-03-01 |
Zambia: On the road |
Zambia |
Resolved 2018-01-25 |
View |
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Complaint:
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There are approximately 600 hundreds trucks ferrying "mukula" logs legally from DRCongo. The loads had genuine documents from Congo and the trucks were checked at kasumbalesa border upon entry to Zambian soil.
We understand that Zambia banned mukula harvesting within its territories but the activity is not banned in Congo. it is unfortunate that the trucks from Tanzania underwent the legal custom check at the border only to be impounded through an impromptu statutory instrument. The drivers and their drivers have been living under deplorable condition with their employing companies not only going through loss by way of their trucks staying idle but also through regular upkeep of their employees.
It also unfortunate that after impounding the said trucks, the relevant authorities in Zambian kept quiet. No meaningful willingness to resolve the issue has been portrayed by the relevant authorities in question. Going by SADC protocol on transit/transportation protocol there is evidence of breach/contravention of the same.
We wish to see a quick resolution of the matter to mitigate the pangs of the losses companies are making and hence the respective governments from which the same operates under.
We do need each other and we'll always need each other owing the same to globalization. |
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Resolution status note:
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On 25 January 2018, Zambia Focal Point reported that all 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. Therefore, this NTB should was resolved. |
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NTB-000-956 |
2.8. Lengthy and costly customs clearance procedures |
2020-04-08 |
Zambia: Chirundu |
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Resolved 2020-05-31 |
View |
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Complaint:
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There are daily delays of truck movement due to customs clearing delays by Zambian authorities. Trucks are made to queue on the Zimbabwean side of the border whilst Zambian procedures are being done. The queue on the Zimbabwean side is almost permanent and sometimes stretches up to 10km along the road. Drivers have no ablution and other facilities in the process (health challenges).
The fight against the covid-19 disease is severely affected adversely by this development. In addition to this the trucks are exposed to thieves and wild animals. Clearing agents Zimbabwe transit bonds are also held up pending exit of the trucks. |
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Resolution status note:
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Zambia NTBs national monitoring Committee undertook a verification mission to Chirundu Border post on 11- 12 June 2020 to ascertain the degree of the problem and recommend way forward. The mission found out that all border agencies were overwhelmed by the increase in the volumes of traffic due to the COVID-19 Pandemic which caused traffic to be diverted from other borders e.g Kazungula Ferry to Chirundu . Following submission of this complaint the Zambia and Zimbabwe put in place the following temporary measures to adress the matter:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
4. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border.
These measures cleared all the trucks in the ques therefore the NTB was resolved |
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