| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-844 |
Insurance |
2018-09-28 |
Uganda: Police |
Burundi |
Resolved
2018-09-28 |
View |
|
Complaint:
|
Non-recognition of the COMESA Insurance by Uganda in case of accident. |
|
|
Resolution status note:
|
Uganda reported that under the Law, in case of a fatal accident, the drivers are supposed to be taken to court unless you opt to resolve it. The meeting agreed that this NTB has been resolved. |
|
|
NTB-000-847 |
7.5. Lengthy procedures |
2018-09-28 |
Tanzania: Isebania |
Burundi |
Resolved
2018-11-16 |
View |
|
Complaint:
|
TRA is requiring escort for wines, spirits, and Palm oil destined to Burundi. This decision was not communicated to Burundi and Importers are expected to pay TZS 1,500,000 for this. |
|
|
Resolution status note:
|
TRA reported that escorts have been discontinued.
NTB resolved |
|
|
NTB-000-902 |
8.8. Issues related to transit |
2019-04-03 |
Tanzania: TRA |
Burundi |
Resolved
2019-05-10 |
View |
|
Complaint:
|
The application of VAT for transit goods that spend more than one month in URT without being loaded |
|
|
Resolution status note:
|
During the 27th RMC meeting, the Republic of Burindi reported that transit goods which have spent more than 30 days in Tanzania are charged VAT, when they exit.The Republic of Burundi resubmited to the Secretariat the evidence that was submitted to the United Republic of Tanzania. The United Republic of Tanzania informed the meeting that the fee is charged on services rendered to the trader after the 30 days of the grace period and these services are taxable. The United Republic of Tanzania informed the Sectoral Committee on Trade that as per the evidence given the fee is charged on services rendered to the trader but not on the transit goods after expiry of the 30 days of the grace period and these services are taxable. Hence the United Republic of Tanzania considered the issue not qualifying to be an NTB. Hence the issue was resolved. |
|
|
NTB-001-217 |
1.1. Export subsidies |
2024-09-24 |
Tanzania: Kabanga |
Burundi |
Resolved
2026-03-04 |
View |
|
Complaint:
|
URT IS IMPOSING TO BURUNDI A TAX FOR SALUBRITY FOR TRANSIT TRUCKS imposed by port health on borders. This case is for 2 borders : Kabanga and Mutukula with different dates: 24 September 2024 and 02 October 2024. |
|
|
Resolution status note:
|
URT reported that the matter is not discriminative. The measure applies to all entry and exit points and it applies to Tanzanians as well. The Republic of Burundi confirmed that the NTB was resolved. |
|
|
NTB-000-075 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-07-23 |
SADC |
Botswana |
Resolved
2019-11-21 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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) |
|
|
NTB-000-463 |
2.10. Inadequate or unreasonable customs procedures and charges |
2011-09-21 |
Botswana: Sir Seretse Khama International Airport |
Botswana |
Resolved
2012-11-25 |
View |
|
Complaint:
|
Imported whey permeate from the U.S. was charged an import duty amounting to P10 755.90 for goods valued at USD $4 875.00 (approximately P4100). In addition, they refused to recognize the product as being a whey product, which carries a lower rate of duty than the category for which we were charged. The product we were importing, known as Versilac, is a type of whey permeate, being the material passing through the filter used for extracting whey protein from whey. The only dairies producing whey permeate are those producing whey protein concentrate. No dairy in Southern Africa produces either whey protein concentrate or whey permeate. Our only option is to buy imported permeate and concentrate from South African importers, or to import it ourselves. Why should anyone pay a duty amounting to 262% of the value of the goods when similar goods are not produced anywhere in the region? The officers at BURS in Gaborone insisted they were making correct charges and calculations but we were not provided with an analysis, only the receipt we received once we paid the full amount. Our goods had already been at the airport a week trying to sort the issue out. Finally, we were forced to pay as we needed to begin production. |
|
|
Resolution status note:
|
On 25 November 2012, the comlainant reported that the issue was partially resolved a few months later, when the company received a refund for some of the duty charged. BURS acknowledged that they had the wrong duty amount for that classification in their system. It is therefore assumed that the correct duty will now be charged from that time onwards. The company will continue to engage BURS to consider possibility of waiving duty 0n grounds that the product is for use in treatment of acute malnutrion, in other words it is a life-saving product. This NTB is therefore considered resolved. |
|
|
Products:
|
0404.10: Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter |
|
|
NTB-000-477 |
7.4. Costly procedures
Policy/Regulatory |
2011-12-02 |
South Africa: Kopfontein |
Botswana |
Resolved
2012-08-28 |
View |
|
Complaint:
|
With effect from the 1st of January 2012 SARS will no longer be accepting bank guaranteed cheques as a mode of payment for the 14% VAT on imports into South Africa. A note from SARS reports that the reason for this major is due to modernization that SARS customs is currently under going and has impact on various areas of business including revenue division whereby every process will be automated.
With SARS having stopped allowing foreign clients to participate in the deferment in 2007 and with SARS having on its cards at some point in 2012 they will discontinue those foreign clients who registered fro a deferment account prior 2007. This means foreign companies importing into South Africa will effectively have to pay cash or make use of a South African clearing agent with a deferred account at the boarders. Other alternatives given would be 1. Establish a company in SA which will be invoiced for all products sent to SA and would be liable for the 14% VAT and then on - sell to our current customers. 2. Approach SARS clearing agent, who would then pay the VAT and charge for it as well as clearing our products, note that current monthly VAT payments can go up to a million rands. 3. Approach our SA customers to open VAT deferred accounts with SARS which as proven difficult. further more SARS no longer accepts export documents that are filled in by individual companies, the requirement is that companies use the services of the SA clearing agents, of which a charge of 150 per document in rands is required. An average truck carrying various products for various clients could easily run into thousands of rands per truck load. It is increasingly becoming difficult to export into South Africa. |
|
|
Resolution status note:
|
In their letter dated 28 August 2012 to Focal Point South Africa, Sout Africa Revenue Services reported that the NTB had been resolved bilaterally. |
|
|
NTB-000-531 |
8.1. Government Policy and regulations
Policy/Regulatory |
2012-09-28 |
Botswana: Kazungula Ferry |
Botswana |
Resolved
2016-08-15 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Chobe municipality is charging foreign transporters a fee to pass through its area of jurisdiction.
There is no justification for any municipality to charge transporters for travelling on the national roads through their areas.
The municipalities do not provide services to the transporters and the national roads are maintained by the national roads authorities.
This practice was started by Zambian municipalities and was halted by the Zambian government.
However, some Zambian municipalities continue to charge.
The practice also does not align with the RECs requirement that the transporters should pay road user charges and not other charges. |
|
|
Resolution status note:
|
The Focal Point advised that the Chobe Municipality no longer charges foreign transporters the fees. |
|
|
NTB-000-685 |
1.15. Other |
2016-03-01 |
Zimbabwe: |
Botswana |
Resolved
2016-03-18 |
View |
|
Complaint:
|
As of the 1st of March 2016 Zimbabwe introduced a system whereby you need to obtain a certificate of conformity in order to export into Zimbabwe. One needs to obtain this certificate from Bureau Veritas. Trucks have been piling up at the Plumtree border while they await clearance with charges up to $250.00 per consignment. No formal communication has been reported by the Government of Zimbabwe to Botswana on this new development. Furthermore we have no record of which products will be affected and who needs to apply for this certificate. We are not even aware of where the Bureau Veritas offices are located in Botswana. As they are situated in South Africa. |
|
|
Resolution status note:
|
On 18th March 2016, the Zimbabwe Focal Point from ZIMRA reported that a verification with the Station Manager at Plumtree Border Post had not revealed any cases of trucks piling up at the Border Post. It would be appreciated if the client furnishes more details relating to the Companies affected, the dates, the vehicles involved and the registration numbers so that the Station Manager carries out further verification if need be. The goods affected are listed in Statutory instrument 132 of 2015 which was published on 18 December 2015. The Statutory Instrument (SI) is as available at Printflow (formerly Government Printers) in Zimbabwe, which is too large to attach here. |
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