Botswana Profil du Membre
No notifications submitted by Botswana
Examen de politique commerciale
Dernier examen de politique commerciale (Rapport du Secrétariat de l'OMC): WT/TPR/S/447/Rev.1
A. Prohibitions et restrictions à l'importation et licences d'importation
3.34.
NamRA enforces legislation administered by different Offices, Ministries, and Agencies (OMAs) with regard to imports and exports of prohibited and restricted goods. Namibia's list of prohibited and restricted goods covers medicines, narcotics, firearms, and radiation-emitting products (Table A3.1).
3.26.
Imports of live animals, plants and products thereof, and fertilizers are restricted on sanitary and phytosanitary grounds and require an import permit issued by the Ministry of Agriculture (MOA). For agricultural goods, the fees for a permit are between SZL 10 and SZL 50, depending on the good. Import permits for pharmaceutical products are issued by the Ministry of Health.
3.27.
A time‑release study conducted in 2018 found that processes for permits, certificates, and licences are primarily paper-based, which places a requirement on importers to travel to the agency concerned and, in many cases, make an application, leave the agency, and then return later the same day or another day to collect an approved application. Also, many of the certificates, permits, and licences were issued on a per-consignment basis with a limited validity period, requiring that frequent importers must make multiple visits to the agencies from which they are seeking permission to import. Consequently, these provisions add to the total regulatory time without any significant benefits.[36] In this context, the authorities note that some of these permits, certificates, and licences are now issued electronically, which should greatly reduce processing times.
3.23.
Lesotho's import control regime has not undergone any significant change since the previous Review. Lesotho prohibits imports of a number of products based on security, health, moral, or economic considerations. It also prohibits imports of certain chemicals, through the Environmental Act, 2008, to comply with the international environmental conventions to which it is a signatory.
3.24.
Prohibited products are drugs and narcotics, counterfeit goods and money, carbide of calcium, cigarettes with a mass of more than 2 kg per thousand cigarettes, hazardous waste, chemicals and substances, weapons, military clothing for sale, indecent or obscene material, and prison-made and penitentiary-made goods.
3.25.
Import restrictions are mainly governed by the Customs and Excise Act, 1982[14]; Import and Export Control Act, 1984 (as amended); Import Restrictions Regulations, 1988 (as amended); and the Agricultural Marketing Act, 1967[15] and its regulations.
3.26.
Lesotho's last notification of its import restriction regime was submitted to the WTO in 2010. It consisted of a list of goods subject to a non-automatic import permit.[16] Lesotho requires an import permit for a selected number of agricultural and manufactured goods regardless of their origin, and in certain cases only when they originate from outside the SACU area (Table 3.1). The list of goods subject to an import permit has remained largely unchanged since the previous Review. The consolidated list of controlled goods was first published in 2009 through the Import Restrictions Regulations.
3.27.
The permits are not automatic, and their requirements and duration vary depending on the product. Import permits for bread, dairy, and eggs are granted depending on the supply of locally produced goods. Permits can be valid for one shipment (e.g. clothing, milk, dairy products, and livestock), one year (e.g. petroleum fuel, precious stones, and alcoholic beverages), one month (e.g. sugar, bread, fresh fruits and vegetables), or three months (i.e. bank notes, gold securities, or foreign currency).[17] In most cases a trading licence is required for importers before applying for one of these import permits, with exceptions including clothing; tyres; vehicles; milk; dairy products; and bank notes, gold securities, or foreign currency.[18] Source: Compiled by the WTO Secretariat based on information provided by the authorities; and WTO document G/LIC/N/3/LSO/2, 23 November 2010.
3.29.
Namibia is overdue with regard to an up-to-date WTO notification on import licensing procedures; its last notification dates from 2010.[56]
3.30.
All imports are subject to licensing, but most licences are automatically granted, according to the authorities. Under the Import and Export Control Act, 1994, the MIT has the responsibility for the import and transit procedures of products that require permits (controlled products) and do not fall under the jurisdiction of other government agencies. Import permits are issued (automatically) by the MIT for second‑hand motor vehicles (less than 12 years old[57]); fish and fish products; and used or re‑treaded tyres.
3.31.
The MBN administers import permit/licensing requirements for cattle, sheep, goats, and pigs under the Meat Industry Act, 1981 in order "to monitor the imports and exports".[58] The permits are issued automatically (free of charge) and are valid for up to one month, which may be extended.
3.32.
Namibia has non-automatic import licensing procedures in place on the following products, among others: medicines; chemicals; agricultural and forestry products (granted by MAWLR and NAB); controlled wildlife products under CITES (Ministry of Environment, Forestry and Tourism (MEFT))[59]; controlled petroleum products (Ministry of Mines and Energy (MME)); diamonds, gold, and other minerals (MME); and firearms and explosives.
3.33.
For imports of general medicines, a licence is required from the Namibian Medicines Regulatory Council.[60] Licences are only granted to registered wholesalers and distributors. Once a licence is issued, the import of general medicines can be undertaken without an import permit. However, special import permits are required for the import of narcotics and psychotropic substances. A fee of NAD 1,000 is payable.
3.25.
The Ministry of Finance issues the import permits for the products listed above except for agricultural products and drugs. Any person, company, or institution may apply for a permit. Permits issued by the Ministry of Finance are generally free. Import permits are valid for one year and may not be transferred.
3.35.
Furthermore, under the Import and Export Control Act, 1994, imports are prohibited (from outside of the Customs Union) of left-hand‑drive motor vehicles; second‑hand and motor vehicles older than 12 years; and second-hand clothing.
3.36.
Namibia applies import quotas (quantitative restrictions (QRs)) on imports of poultry meat and pork (Section 4.1.3.2).
3.37.
Under the Agronomic Industry Act, 1992, the NAB administers schemes for controlled agronomic products that provide for local purchase requirements as a condition for allowing imports and include: · Namibian Horticulture Market Share Promotion Scheme for horticultural products (Section 4.1.3.3); and · Grain Marketing Mechanism for white maize, wheat, and pearl millets (Section 4.1.3.4).
3.14.
A Border Management Authority (BMA) was established on 1 April 2023.[58] The BMA is in charge of certain functions transferred from the Department of Home Affairs; the Department of Agriculture, Land Reform and Rural Development; the Department of Health; and the Department of Forestry, Fisheries and the Environment. These functions relate to immigration, health, agriculture (SPS), environmental, and access control at the 72 ports of entry in South Africa.[59]
3.15.
The importation of the following goods, inter alia, into South Africa is prohibited: narcotic and habit‑forming drugs in any form; fully automatic, military, and unnumbered weapons, explosives, and fireworks; poison and other toxic substances; cigarettes with a mass of more than 2 kilogrammes per 1,000; goods to which a trade description or trademark is applied in contravention of any Act (e.g. counterfeit goods); unlawful reproductions of any works subject to copyright; and prison‑ and penitentiary‑made goods.
3.16.
In 2016, South Africa notified to the WTO that its import control is regulated mainly under the International Trade Administration Act (Act No. 71 of 2002).[60] In 2018, South Africa notified its import licensing procedures[61], and in 2019 (the most recent notification regarding its import licensing procedures), South Africa confirmed that the procedures and the legislation remained unchanged.[62] The authorities indicate that South Africa plans to update its relevant notification before the end of 2023.
3.17.
The notifications indicated that South Africa's import licensing regime was complying with international agreements; health, environmental, and safety requirements; and public interest.[63] Applications for import licences are considered mainly by the Import and Export Control Directorate of the ITAC, or: · The Police Service (Narcotics Bureau) for the importation of narcotic drugs and psychotropic substances in terms of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; · The National Regulator for Compulsory Specifications for homologation of tyres for vehicles to ensure required safety specifications; · The Department of Environment Affairs in terms of the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal, and the Montreal Protocol on Substances that Deplete the Ozone Layer; · The Department of Energy for fossil fuels; · The Department of Health (Radiation Control) for radioactive chemical elements and isotopes; and · The Police Service (Firearm Register) for arms and ammunitions.[64]
3.18.
A licence is valid for a maximum of 12 months and is not extendable. According to South Africa's notification to the WTO, unused licences are not transferrable, and there is no penalty for non‑use of a licence or portion of a licence.[65]
3.19.
Out of over 8,400 tariff lines (at the HS 8‑digit level), around 280 tariff lines are subject to import controls[66], i.e. a permit is required (Table 3.1).
3.20.
South Africa notified to the WTO that tariff quotas (TQs) continued to be applied on 53 types of agricultural products, on an MFN basis.[67] Some out‑of‑quota rates are lower or equal to the corresponding in‑quota rates (Table A3.1). According to the authorities, if TQs are not providing any advantages to importers, the Department of Agriculture does not open these items. For this reason, from 2017 many TQs are "not opened" (i.e. no in‑quota imports of these products entered the South African market). Out of 53 types of products, 30 types in 2017 and 28 types in 2018‑20 were "not opened". The average fill ratio of TQs dropped from 75% in 2016, to 25% in 2017, 21% in 2018, 19% in 2019, and 20% in 2020. If excluding "not opened" items, the average fill ratio became 26.7% in 2017, 20.5% in 2018, 19.1% in 2019, and 19.9% in 2020.
3.21.
All TQs are global quotas. They are administered through import licences issued by the Department of Agriculture, and applicants need to register with SARS and the Department of Trade, Industry and Competition (DTIC).[68]
3.15.
In accordance with Article 35(1) of the Customs Act, goods are prohibited from importation into or exportation from Botswana if they are against, inter alia, public order, security, morality, or health; the protection of national treasures, intellectual property, or consumers; or combating money laundering or financing of an act of terrorism. Thus, the following products are prohibited from importation: narcotics, habit‑forming drugs, and related substances in any form; military firearms, ammunition, and explosives; indecent and obscene materials such as pornographic books, magazines, films, videos, DVDs, and software; and semi‑precious stones.[43]
3.16.
In addition, cigarettes with a mass of more than 2 kg per 1,000 cigarettes are prohibited from importation.[44] The First Schedule of the Plant Protection Regulations lists all plants that are prohibited from importation.
3.17.
In 2018, Botswana notified to the WTO the legislation related to import licensing procedures[45], and in 2021 it notified its replies to a questionnaire on import licensing procedures (Table 3.1).[46]
3.18.
Validity of import permits varies, from not exceeding 30 days to 1, 2, 3, or 6 months. Unused permits are generally not transferrable, and there is no penalty for non‑use of a permit.[47]
3.19.
The Government imposes import restrictions, through statutory instruments, for selected food and agricultural products, as well as some other products, to support local producers[48]: · Sugar: under S.I.s No. 14 of 2006 and No. 86 of 2008, the importation of pre‑packed refined sugar requires an import permit from the Department of Trade Development (DTD)[49], unless the sugar is in minimum packages of 50 kg, with a view to encouraging domestic packaging. This does not apply to speciality sugar, and quantities not more than 12.5 kg of sugar imported for household consumption. · Salt: under S.I. No. 10 of 2015, the importation of salt in quantities smaller than 100 kg requires an import permit from the DTD[50], with a view to encouraging domestic packaging. This does not apply to quantities of not more than 1 kg of table or coarse salt imported for household consumption, and to speciality salt. · Bottled water: under S.I. No. 44 of 2018, the importation of bottled natural or mineral water of less than 10 litres requires an import permit from the DTD, with a view to encouraging domestic packaging. · Baked goods: under S.I. No. 102 of 2020, the importation of baked goods is restricted with a view to promoting the development of the local baked goods sector. In the event of domestic shortage, an import permit may be issued (on request) by the DTD. · Maize extruded snacks: under S.I. No. 55 of 2021, the importation of maize extruded snacks is restricted. If an applicant has bought at least 40% of maize extruded snacks from local suppliers, and wishes to import the remaining percentage, an import permit from the DTD may be issued; importers need to present receipt of local purchase. · School uniforms: under S.I. No. 76 of 2021, the importation of school uniforms is restricted; the authorities indicate that this is to promote local industries. · Wheat flour: under S.I. No. 92 of 2021, the importation of wheat flour is restricted, and import permits from the DTD are required. According to the authorities, this is to encourage economic diversification, and promote development of local millers.
3.20.
Import permits for certain agricultural products are conditional on local purchases, according to the Control of Goods (Import Control) Regulations. Imports are authorized if the applicant submits proof (invoices for local purchase) that a specific amount has already been purchased in Botswana. Importers need to submit the proof to the Ministry of Agriculture to apply for an import permit (Section 4.1.2.1).[51]
3.21.
The Government started to restrict the importation of 16 vegetable products from 1 January 2022, with a view to protecting and encouraging domestic production and food self‑sufficiency (Section 4.1.2.1).[52]
3.22.
The First Schedule of the Control of Goods (Import Control) Regulations lists the following agricultural products as being restricted from importation: animal feed for poultry and livestock, banana, beetroot, butternut, cabbage, carrot, fresh milk, green pepper, maize, maize products, mango, onion, orange, potato, pulse, pumpkin, sorghum, sorghum products, sweet potato, tomato, watermelon, and wheat (Section 4.1.2.1). The Second Schedule lists the same products (apart from animal feed for poultry and livestock), with a specified weight per person. No permit is required for imports of these products if the weight does not go beyond the specified weight.
3.23.
Import prohibitions apply on drugs and narcotics; pornographic materials; pirated copyright goods; fake currency, bonds and coins; motor vehicles older than 10 years; and hydrochlorofluorocarbons (HCFC) and chlorofluorocarbons containing HCFC.
3.24.
Import restrictions apply on several products for safety, health, and environmental reasons, and in some cases for infant industry protection. Under the Import Control Order of 1976, the Import Control Regulations of 1980, and Legal Notice No. 60 of 2000, the following products from outside SACU are subject to prior import permits: arms; drugs; mineral fuels; mineral oils; gold and other precious metals; specified agricultural products (wheat, wheat flour, dairy products, maize, and rice); electrical appliances; automotive parts; used motor vehicles; used earthmoving equipment; used tyres and tyre casings; used clothing; used footwear; used textiles; and wild animal products.
B. Prohibitions et restrictions à l'exportation
3.28.
An export prohibition also applies to a certain grade of methyl bromide, in accordance with certain international environmental agreements.
3.29.
A number of products require export permits for various reasons (Table 3.2).
3.30.
Under S.I. No. 153 of 2014, from 2015, Botswana restricts the export of ferrous and non‑ferrous metal scrap and waste[54], with a view to improving accessibility of scrap metal by local foundries, including recyclers, mills, and smelters. Domestic foundries (currently, there is only one) purchase scrap metal at a price 28% below the international trading price. Scrap metal dealers must satisfy local demand before they can obtain an export permit. Exporters need to register with and obtain a permit from the Department of Industry Development.
3.36.
Eswatini applies export prohibitions on products regulated by international conventions such as CITES.
3.37.
Export prohibitions may also be imposed in case of food shortages resulting from natural disasters. However, the authorities indicate that they are not applied in practice.
3.30.
The export control framework remained largely unchanged. Lesotho prohibits the export of certain drugs and chemicals[19], and may prohibit the exports of ammunition or any good that could be converted into or used to manufacture ammunition.[20] It also applies export prohibitions on products pursuant to international conventions, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
3.31.
Lesotho requires export permits for some agricultural products, diamonds, drugs, medicines, weapons, and hazardous waste and substances (Table 3.2). These restrictions are in place for various reasons, including safety, health, and compliance with international regulations (e.g. Kimberley Process for diamonds). Control of agricultural products, including fish products, aims to ensure food security. Source: WTO Secretariat based on Lesotho's legislation on the Lesotho Trade Information Portal. Viewed at: www.lesothotradeportal.org.ls; and information provided by the authorities.
3.42.
Exports, except to SACU members, of nearly all products are subject to automatic licensing. A non-automatic permit is required for, inter alia, medicines; plants and plant products; live animals and genetic materials; ostrich-breeding materials; meat and game products; controlled wildlife products under CITES; minerals, including diamonds and gold; coins and bank notes; firearms and explosives; certain works of art and archaeological findings; and oysters.
3.43.
Exports of live animals (cattle, sheep, goats, and pigs) and meat and meat products require a permit from the MBN. Exports of live sheep were subject to restrictions, until the measure was suspended in 2019 (Section 4.1.4).
3.44.
Exporters of controlled agronomic crops (white maize, wheat, pearl millets, and horticultural products) are required to register with the NAB.
3.45.
Namibia applies the Kimberley Process Certification Scheme through the Namibia Diamond Trading Company (NDTC) to certify that Namibia's rough diamonds are from areas free of conflict. Trade measures necessary to implement the Kimberley Process are covered by a WTO waiver.[62]
3.27.
In November 2022, the Government decided to prohibit exports of ferrous and non‑ferrous metal waste, scrap, and semi‑finished ferrous and non‑ferrous metal products[74] for six months (from 30 November 2022 to 30 May 2023), so as to "limit damage to infrastructure and the economy".[75] On 15 June 2023, this export ban was extended for another six months.[76] The ban is complemented by an export permit system for semi-finished metal products, and an import permit system for furnaces and various other scrap transformation machines (Table 3.1), both from November 2022.
3.28.
Exports of unprocessed semi‑precious stones are prohibited. According to the authorities, this is to ensure value addition through processing in Botswana.
3.29.
According to an ITAC report, export controls may be maintained for the reasons of ensuring compliance with international obligations, assisting local manufacturers to obtain raw materials before they are exported, controlling the outflow of goods of a strategic nature, or curbing the exportation of smuggled or stolen goods.[77] Out of around 8,400 tariff lines, about 180 lines are under export control, including precious stones, ferrous and non‑ferrous waste and scrap, and used motor vehicles.[78]
Base de données sur l'environnement de l'OMC (BDE)
La BDE contient des mesures relatives à l'environnement qui peuvent être considérées comme des RQ et qui devraient donc être notifiées au titre de la Décision sur les restrictions quantitatives.
Voir les mesures relatives à l'environnement prise par le Membre