| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-352 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2010-02-10 |
SADC |
Namibia |
Resolved
2011-11-10 |
View |
|
Complaint:
|
The cabotage law applied by SADC Member states contributes to high transport costs. The law does not allow an empty truck to carry back a load from a third country. For example, a South African truck dropping off a load in Namibia cannot pick up a load in Namibia destined for Botswana even though this truck is using trans Kalahari Highway linking the two countries |
|
|
Resolution status note:
|
SADC secretariat responded that : the customs term cabotage as stated in Specific Annex E, Chapter 3 of the revised Kyoto Convention, is applied for imported goods that have not been declared under the condition that they must be transported in a vessel other than the importing vessel in which they arrived in the Customs territory are loaded on board a vessel at a place in the Customs territory and are transported to another place in the same Customs territory where they are then unloaded and cleared. The term can also be used for the same purposes for air transportation (domestic flights).
Looking to the complaint technically, one of the SADC Secretariat key objectives is to reduce the costs of doing business in the region. However, some interventions of the Secretariat are bounded by its regional economic integration process. SADC is currently a FTA among its 11 Member States, enabling goods originating in Member States applying the FTA to enter duty free and quota free under certain conditions stated in the SADC Protocol on Trade. For this economic activity, economic operators are not obliged to be registered as economic operators in the countries were goods are delivered. A deeper regional economic integration would be needed in order to allow foreign economic operators to engage in business activities in Member States, benefiting from local business opportunities but also fiscal obligations. This is a level of economic integration closer to common market and which unfortunately, the SADC Protocol on Trade does not provide for. |
|
|
NTB-000-317 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-09 |
SADC |
Seychelles |
Resolved
2011-01-10 |
View |
|
Complaint:
|
The absence of a unified standards system in SADC results in traders having to seek two certificates, one at home and one in the importing country |
|
|
Resolution status note:
|
Botswana reported that there are no Regional Standards in SADC; however SADC is in the process of harmonising the regional standards. Botswana recognizes standards / certificates of other SADC Member States. |
|
|
NTB-000-196 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2009-07-27 |
SADC |
Zimbabwe |
Resolved
2011-11-10 |
View |
|
Complaint:
|
Delays in communicating signatories that verify certificates of origin. |
|
|
Resolution status note:
|
SADC Secretariat reported that,in accordance to rule 9 of Annex I of the SADC Protocol on Trade, “Member States shall deposit with the Secretariat the names of Departments and Agencies authorized to issue the certificates required […],specimen signatures of officials authorized to sign the certificates and the impressions of the official stamps to be used for that purpose, and those shall be circulated to Member States by the Secretariat.” SADC Secretariat circulates all the documentary evidence to Member States immediately upon receipt. In addition, the SADC Customs Unit is working in a user-friendly customs related link in the SADC Secretariat’s website to accommodate not only issues related to documentary evidence for the processing of SADC RoO, but also all the binding documentation that enhances trade in the Region. |
|
|
NTB-000-355 |
8.7. Costly Road user charges /fees |
2010-02-10 |
SADC |
Namibia |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Bond registration fees are excessively high in all SADC countries. Especially when cargo transits in two countries the bond registration fees become a constraint. |
|
|
Resolution status note:
|
The 10th meeting of SADC Committee on Trade facilitation held on 14-15 June 2012 noted that the issue of bonds is normally managed by private sector, mostly banks therefore commercial rates would prevail. It was also noted that
within the SADC Customs work programme, there is work to facilitate single transit bond, the result of which should be
ready by March 2013. This NTB was therefore considered resolved on grounds that bond registration fees are cahrged at market rates. |
|
|
NTB-000-321 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
SADC |
Seychelles |
Resolved
2011-06-03 |
View |
|
Complaint:
|
Innadequate air passenger links between Member states. |
|
|
Resolution status note:
|
Seychelles reported that she is in the process of liberalizing trade and expanding trade within COMESA, SADC and IOC in order to facilitate trade within the region and access to food imports |
|
|
NTB-000-190 |
7.9. Inadequate trade related infrastructure
Policy/Regulatory |
2009-07-27 |
SADC |
Malawi |
Resolved
2011-01-10 |
View |
|
Complaint:
|
Inconsistency of road traffic laws, and their application in SADC. |
|
|
Resolution status note:
|
Botswana reported that ahe is in the process of harmonizing traffic laws with SADC traffic laws; however, there are some traffic laws that have been harmonized e.g. road signs etc. |
|
|
NTB-000-298 |
8.7. Costly Road user charges /fees |
2009-09-08 |
SADC |
Namibia |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Bond registration fees are generally high in all SADC countries |
|
|
Resolution status note:
|
The 10th meeting of SADC Committee on Trade facilitation held on 14-15 June 2012 noted that the issue of bonds is normally managed by private sector, mostly banks therefore commercial rates would prevail. It was also noted that
within the SADC Customs work programme, there is work to facilitate single transit bond, the result of which should be
ready by March 2013. This NTB was therefore considered resolved on grounds that bond registration fees are cahrged at market rates. |
|
|
NTB-000-324 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
|
Seychelles |
Resolved
2024-10-03 |
View |
|
Complaint:
|
Some businesses complained that SADC ports are unable to handle containers that exceed 6 metres (20 ft), which limits exporters in implementing the most cost-effective way of transporting their products |
|
|
Resolution status note:
|
It has been agreed between the SADC Secretariat and Seychelles that the NTB-000-324 should be marked as resolved. If the challenge still exists, it may be reported again as a new complaint, and Seychelles shall address it accordingly. |
|
|
NTB-000-353 |
7.9. Inadequate trade related infrastructure |
2010-02-10 |
SADC |
Namibia |
Resolved
2016-10-07 |
View |
|
Complaint:
|
A truck legally loaded in Namibia may not be legally loaded in another SADC country due to lack of uniform loads and Gross Vehicle Mass (GVM) standards in SADC. There is need to standardize the axle loads |
|
|
Resolution status note:
|
FESARTA reported that this NTB was no longer in place |
|
|
NTB-000-375 |
2.3. Issues related to the rules of origin |
2010-02-10 |
SADC |
Zimbabwe |
Resolved
2011-11-10 |
View |
|
Complaint:
|
There is lack of clarity and information on the authorities issuing and processing SADC certificates of origin in Member states. |
|
|
Resolution status note:
|
SADC secretariat reported that : as stated in rule 9 of the Annex I of the SADC Protocol on Trade, “Member States shall deposit with the Secretariat the names of Departments and Agencies authorized to issue the certificates required […], specimen signatures of officials authorized to sign the certificates and the impressions of the official stamps to be used for that purpose, and those shall be circulated to Member States by the Secretariat.” SADC Secretariat circulates all the documentary evidence to Member States immediately upon reception. Additionally, the SADC Customs Unit is working in a user-friendly customs related link in the SADC Secretariat’s website to accommodate not only issues related to documentary evidence for the process of SADC RoO, but also all the binding documentation that enhances trade in the Region. |
|
|
NTB-000-124 |
2.14. Other |
2009-07-26 |
SADC |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Training of new customs recruits in the region |
|
|
Resolution status note:
|
Seychelles reported that training of new recruits is a point of concern for Seychelles. Training especially for customs officers, on R.O.O, clearing process, investigation, inspection, to conduct time release study ect...is in progress. |
|
|
NTB-000-238 |
7.6. Lack of information on procedures (or changes thereof) |
2009-08-13 |
SADC |
Mozambique |
Resolved
2011-02-06 |
View |
|
Complaint:
|
Mozambique is experiencing difficulties using the NTBs online reporting system because it does not have a portuguese version. It is not enough to translate the user guide because users need to intract with the system itself. The secretariat should urgently look into this issue to enable Portuguese speaking countries to utilise the system. |
|
|
Resolution status note:
|
Website has been translated into French and Portuguese languages |
|
|
NTB-000-224 |
5.4. Quotas
Policy/Regulatory |
2009-07-28 |
SADC |
Zambia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Import Quotas into SACU member states for sugar |
|
|
Resolution status note:
|
Botswana reported that this is a SACU wide policy decision. |
|
|
NTB-000-204 |
1.1. Export subsidies
B41: TBT regulations on production processes |
2009-07-27 |
SADC |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Non recognition given of ZIMBABWE standards as having equivalent outcomes by SADC countries Authorities |
|
|
Resolution status note:
|
SADC Secretariat advised that there is no obligation for any country to recognize another country’s national standard in SADC. However if a standard has been harmonized at regional level, all SADC countries are expected to adopt and recognize that standard. Many national standards bodies adopt international standards as their national standards. It would be highly unusual and unexpected for one country not to recognize a national standard - which is an adoption of an international standard - of a second country |
|
|
NTB-000-388 |
8.7. Costly Road user charges /fees |
2011-01-30 |
EAC |
Tanzania |
Resolved
2014-05-15 |
View |
|
Complaint:
|
There are too many roadblocks along the major hoghways in EAC partner states. Too many stops points (police check points ) that cause unnessary delay of goods from ports to various destinations in the partner states. |
|
|
Resolution status note:
|
On 15th May 2014, Kenya Focal Points reported that this NTB had been resolved. KRA abolished the requirement of Cash bonds as recommended by the EAC regional forum on NTBs and Council . What is required and applied is a general bond . Therefore the NTB should be recorded as resolved. |
|
|
NTB-000-435 |
2.14. Other |
2010-09-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of implementation of EAC harmonized documents by partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now using EAC harmonized documents. This NTB is therefore resolved |
|
|
NTB-000-436 |
2.14. Other |
2009-04-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of harmonized procedures manual for the EAC partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the EAC harmonized procedures manual was adopted by the Council in 2012. This NTB is therefore resolved |
|
|
NTB-000-437 |
8.8. Issues related to transit |
2010-05-12 |
EAC |
Kenya |
Resolved
2015-09-24 |
View |
|
Complaint:
|
Delays in transit bonds cancellation by EAC partner states |
|
|
Resolution status note:
|
Now with the introduction of the Single Customs Territory using a single bond from the port up to final destination, the issue has been addressed. |
|
|
NTB-000-438 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-16 |
EAC |
Kenya |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Numerous institutions involved in testing goods in the EAC partner states. |
|
|
Resolution status note:
|
There is collaboration among testing agencies |
|
|
NTB-000-446 |
8.7. Costly Road user charges /fees |
2011-09-03 |
EAC |
Kenya |
Resolved
2015-09-24 |
View |
|
Complaint:
|
Port Charges are not harmonized. Port charges should be benchmarked with international port charges |
|
|
Resolution status note:
|
Kenya and URT submitted the Port procedures manual to the EAC Secretariat. |
|
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