CONTROL OF GOODS ACT: SUBSIDIARY LEGISLATION (CHAPTER 421 )

4. Exceptions in relation to the import of goods

3. Issue of permits

5. Exceptions in relation to the export of goods

6. Application for the issue of permits

7. Special provisions regarding the issue of permits in terms of the Stock Diseases Act

8. Order or permit not to limit compliance with any other written law

[Order of the Minister]

SI 76 of 1970,

SI 8 of 1971,

SI 23 of 1972,

SI 177 of 1974,

SI 126 of 1975,

SI 96 of 1995,

SI 76 of 2002,

SI 19 of 2003,

SI 68 of 2006,

SI 53 of 2020.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) Order.

2. Interpretation

In this Order, unless the context otherwise require-

"form" means a form prescribed in the First Schedule;

"honey" includes unprocessed royal jelly;

"ice-cream mix" includes any mixture, whether in powder or other form, suitable for manufacture into ice-cream, with or without the addition of other ingredients;

"issuing authority", in relation to an application for the issue of a permit under this Order, means the Permanent Secretary, Ministry of Agriculture.

3. Issue of permits

(1) The issuing authority may issue a permit authorising, subject to the provisions of this Order and of any other written law-

(a) the import into the Republic of Zambia of any goods listed in the Second Schedule;

(b) the export from the Republic of Zambia of any goods listed in the Third Schedule;

on such terms and conditions as may be specified in, or attached to, the permit on payment of a fee set out in the Schedule.

[Para 3(1) am by para 2 of SI 53 of 2020.]

(2) A permit issued under this paragraph shall-

(a) if it relates to the import of goods into the Republic of Zambia, be in Form No. 1;

(b) if it relates to the export of goods from the Republic of Zambia, be in Form No. 2.

(3) Any export permit other than an export permit relating to maize meal including hominy chop, maize cones, maize grits, maize offals processed with or without additives and maleic hydrazide also known as M.H.

[Am by SI 96 of 1995.]

4. Exceptions in relation to the import of goods

(1) Subject to the provisions of sub-paragraph (2), no person shall import into the Republic of Zambia any goods listed in the Second Schedule except in accordance with the terms and conditions of a permit issued under paragraph 3.

(2) The provisions of sub-paragraph (1) shall not apply in relation to-

(a) any goods which are in the course of transit through the Republic of Zambia to a place beyond the borders thereof;

(b) any goods not exceeding twenty thousand kwacha in value which are imported in any one week into the Republic of Zambia by an individual residing in the Republic of Zambia for his personal domestic consumption and not for sale or disposal to any other person;

(c) any goods not exceeding twenty thousand kwacha in value which are imported in any one week into the Republic of Zambia as a bona fide gift from a person residing outside the Republic of Zambia to a person residing in the Republic of Zambia.

(3) Any person importing maize meal, including hominy chop, maize cones, maize grits, maize offals, processed maize with or without additives and maleic hydrazide, also known as M.H., shall require an import permit in relation to goods-

(a) which are in the course of transit through the Republic of Zambia to a place beyond the borders; or

(b) which are exported under an export permit issued under the principal Order if the exporter satisfies the Ministry responsible for agriculture, food and fisheries, that such exporter has, on the basis and by reason of his having been earlier issued with such export permit, incurred a contractual and legally enforceable obligation prior to the publication of this Order.

[Am by SI 96 of 1995.]

5. Exceptions in relation to the export of goods

(1) Subject to the provisions of sub-paragraph (2), no person shall export from the Republic of Zambia any goods listed in the Third Schedule except in accordance with the terms and conditions of a permit issued under paragraph 3.

(2) The provisions of sub-paragraph (1) shall not apply in relation to-

(a) any goods which are in the course of transit through the Republic of Zambia to a place beyond the borders thereof;

(b) any goods not exceeding four kwacha in value which are exported in any one week from the Republic of Zambia by an individual for personal domestic consumption and not for sale or disposal by any other person;

(c) any goods not exceeding four kwacha in value which are exported in any one week from the Republic of Zambia as a bona fide gift from a person residing in the Republic of Zambia to a person residing outside the Republic of Zambia.

6. Application for the issue of permits

An application for the issue of a permit under this Order shall be made in writing and, subject to the provisions of paragraph 7, shall be addressed to the Permit Officer, Ministry of Agriculture.

7. Special provisions regarding the issue of permits in terms of the Stock Diseases Act

Where a permit is required in accordance with the provisions of this Order and also in accordance with the Stock Diseases Act, to authorise the import into the Republic of Zambia of the same goods-

(a) an application for the issue of a permit in terms of this Order shall be deemed to be an application for the issue of a permit in terms of the Stock Diseases Act;

(b) if the issuing authority issues a permit, he shall thereupon forward the permit and the application to the appropriate person authorised to issue a permit in terms of the Stock Diseases Act to be dealt with by such person in accordance with the provisions of such Act unless-

(i) he is satisfied that the person authorised to issue a permit in terms of the Stock Diseases Act has already issued a permit which is in force; or

(ii) the applicant specifically requests otherwise;

(c) the issuing authority shall not issue a permit under this Order if he is satisfied that the person authorised to issue a permit in terms of the Stock Diseases Act has already refused to issue a permit;

(d) if the issuing authority issues a permit under this Order after being furnished with a permit issued by the person authorised to issue a permit in terms of the Stock Diseases Act which is in force, he shall thereupon forward both permits to the applicant.

8. Order or permit not to limit compliance with any other written law

Nothing contained in this Order or in any permit issued thereunder shall exempt the holder of such permit from complying with the provisions of any other written law controlling the import into or the export from the Republic of Zambia of the goods to which such permit relates.

FIRST SCHEDULE

[Paragraphs 2 and 3]

FORMS OF PERMITS

FORM NO. 1

CONTROL OF GOODS ACT

IMPORT PERMIT

Issued in terms of the Control of Goods (Import and Export) (Agriculture) Order

No..........

IN THE EXERCISE of the powers conferred upon the issuing authority by the Control of Goods (Import and Export) (Agriculture) Order:

is hereby authorised, subject to the provisions of that Order and of any other written law, to import into the Republic of Zambia.........................................................................................................................................
......................................................................................................................................................

from...............................................................................................................................................

on the following terms and conditions:

1.....................................................................................................................................................

2.....................................................................................................................................................

This permit is valid until.................................................................................................................

Date..........................................

..........................................
Issuing Authority

FORM NO. 2

CONTROL OF GOODS ACT

EXPORT PERMIT

Issued in terms of the Control of Goods (Import and Export) (Agriculture) Order.

No.........................................................................................................................................

IN THE EXERCISE of the powers conferred upon the issuing authority by the Control of Goods (Import and Export) (Agriculture) Order:

.....................................................................................................................................................

is hereby authorised, subject to the provisions of that Order and of any other written law,
to export from the Republic of Zambia..............................................................................
on the following terms and conditions:

1...............................................................................

2...............................................................................

This permit is valid until..............................................................................

Date..........

....................................................
Issuing Authority

SECOND SCHEDULE

[Paragraphs 3 and 4]

GOODS FOR THE IMPORT OF WHICH A PERMIT ISSUED UNDER PARAGRAPH 3 IS REQUIRED

1. Bananas.

2. Beans, excluding-

(a) beans which are tinned, bottled or otherwise preserved;

(b) seed beans in quantities of less than 200 lb.

3. Bean meal.

4. Bones; bone meal.

5. Butter; cheese, excluding tinned or bottled cheeses weighing one pound or less.

6. Cattle; beef, veal and edible products manufactured from the carcasses of cattle, but excluding sausage casings, meat extract, meat paste, meat powder, potted meat and tinned meat.

7. Citrus fruits.

8. Compound products containing flour, meal, residues and other preparations of a kind suitable only for use as animal feedstuffs, but excluding-

(a) anti-biotic growth stimulants;

(b) bird seed;

(d) chemical additions to animal feedstuffs;

(e) inert fillers;

(f) salt lick for cattle;

(g) synthetic animal feedstuffs;

(h) trace elements.

9. Eggs of poultry, whether in shell, pulp or dried form; eggs of wild birds.

10. Game meat and game biltong.

11. Goats; carcasses of goats.

12. Groundnuts, excluding salted or roasted peanuts.

13. Honey.

14. Ice-cream; ice-cream mix, but excluding ice-cream mix contained in sealed tins of one pound or less in weight.

15. Maize, including-

(a) crushed maize;

(b) dried maize, on or off the cob;

but excluding green maize on the cob.

16. Deleted.

17. Deleted.

18. Meat meal, blood meal; carcass meal.

19. Oil-seeds; oil-meal; oil-cake; offals and residues from oil-seeds.

20. Onions.

21. Pigs, edible products manufactured from the carcasses of pigs, including canned products, but excluding hog casings, meat pastes and potted meats with a pig meat content.

22. Potatoes.

23. Live poultry, including day-old chicks.

24. Rice, excluding canned products, and puffed, parched and beaten rice.

25. Sheep; mutton, lamb and edible products manufactured from the carcasses of sheep, excluding sausage casings.

26. Tomatoes, excluding canned tomatoes.

27. Vegetable oils, but excluding almond oil, castor oil, coconut oil, linseed oil, olive oil and sesame oil.

28. Wheaten bran, wheaten pollard.

29. Seeds.

30. Sugar

[Second Sch am by SI 8 of 1971, SI 23 of 1972, SI 96 of 1995, para 2 of SI 68 of 2006.]

THIRD SCHEDULE

[Paragraphs 3 and 5]

GOODS FOR THE EXPORT OF WHICH A PERMIT ISSUED UNDER PARAGRAPH 3 IS REQUIRED

1. Bones; bone meal.

2. Butter; cheese.

3. Cattle; beef and edible products manufactured from the carcasses of cattle, but excluding meat extract, meat paste, meat powder, potted meat and tinned meat.

4. Compound products containing flour, meal, residues and other preparations of a kind suitable only for use as animal feedstuffs, but excluding-

(a) anti-biotic growth stimulants;

(b) bird seed;

(d) chemical additions to animal feedstuffs;

(e) inert fillers;

(f) synthetic animal feedstuffs;

(g) trace elements.

5. Groundnuts.

6. Honey.

7. Maize, including-

(a) crushed maize;

(b) dried maize, on or off the cob;

but excluding green maize on the cob.

8. Maize meal, including-

(a) hominy chop;

(b) maize cones;

(d) maize offals.

9. Meat meal, blood meal, carcass meal.

10. Oil-seeds; oil-meal; oil-cake.

11. Pigs, edible products manufactured from carcasses of pigs, including canned products.

12. Potatoes.

13. Seed cotton.

14. Wheat, including-

(a) wheat flour;

(b) wheaten bran;

15. Seeds.

16. Fish, including fish meal.

17. Leather, at or beyond the stage of wet blue leather

18. Raw cattle hides and raw sheep or goats skins.

[Third Sch am by SI 177 of 1974, SI 126 of 1975, para 2 of SI 76 of 2002, para 2 of SI 19 of 2003.]

FOURTH SCHEDULE

[Paragraph 3]

[Fourth Sch ins by para 3 of SI 53 of 2020.]

IMPORT AND EXPORT FEES

Description

Fee Unit
per 30 metric tonnes

Import and export permit

350

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF IMPORTATION) ORDER

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Paragraphs

Paragraph

3. Prohibition of importation

4. Saving

5. Revocation of permits

[Order of the Minister]

SI 24 of 1972,

SI 72 of 1972,

SI 208 of 1973.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) Order.

2. Interpretation

In this Order, unless the context otherwise requires-

"permit" means a permit in respect of any of the scheduled goods issued under the provisions of the Control of Goods (Import and Export) (Agriculture) Order;

"scheduled goods" means any goods specified in the Schedule or any class of such goods.

3. Prohibition of importation

Subject to the provisions of paragraph 4, no person shall import into the Republic of Zambia any scheduled goods.

4. Saving

The provisions of paragraph 3 shall not apply in relation to any scheduled goods or any class of such goods-

(a) which are in the course of transit through the Republic of Zambia to a place beyond the borders thereof; or

(b) not exceeding four kwacha in value which are imported in any one week into the Republic of Zambia by an incoming individual residing in the Republic of Zambia for his personal domestic consumption and not for sale or disposal to any other person; or

(c) which are imported under any permit if the importer satisfies the Permanent Secretary, Ministry of Rural Development, that such importer has, on the basis and by reason of his having been earlier issued with such permit, incurred a contractual and legally enforceable obligation prior to the publication of this Order.

5. Revocation of permits

A permit other than the permit to which the provisions of paragraph 4 apply is hereby revoked.

SCHEDULE

[Paragraph 2]

SCHEDULED GOODS

1. Birds (dead).

2. Nuts (tinned).

3. Peanuts, salted or roasted.

4. Tomatoes (tinned) (No. 72 of 1972)

CONTROL OF GOODS (IMPORTATION OF EGGS) ORDER

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Paragraphs

Paragraph

3. Control of import of eggs

[Order of the Minister]

SI 312 of 1968.

1. Title

This Order may be cited as the Control of Goods (Importation of Eggs) Order.

2. Interpretation

In this Order, unless the context otherwise requires-

"hatching egg" means an egg obtained from a poultry breeder for the purpose of hatching.

3. Control of import of eggs

(1) Subject to the provisions of sub-paragraph (2), no person shall import into the Republic of Zambia poultry eggs in shell form.

(2) The provision of sub-paragraph (1) shall not apply in relation to-

(a) hatching eggs;

(b) eggs to a value not exceeding two kwacha which are imported during any one week for personal consumption.

CONTROL OF GOODS (IMPORT AND EXPORT) (COMMERCE) REGULATIONS

[Sections 3, 4 and 6]

Arrangement of Regulations

Regulation

3. Orders by the Minister

4. Revocation or amendment of licences

5. Offences and Penalties

[Regulations by the President]

SI 383 of 1965,

SI 389 of 1967.

Act 13 of 1994.

1. Title

These Regulations may be cited as the Control of Goods (Import and Export) (Commerce) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"controlled goods" means any goods the import into or the export from Zambia of which is prohibited, restricted or otherwise controlled by an order made under Regulation 3.

3. Orders by the Minister

(1) The Minister may make statutory orders prohibiting, restricting or otherwise controlling-

(a) the import into Zambia of any goods which are not the product or manufacture of Zambia;

(b) the export from Zambia of any goods.

(2) Without derogation from the generality of the powers conferred by sub-regulation (1), an order made under this regulation may-

(a) prescribe the terms and conditions subject to which controlled goods or any class of such goods may be imported into or exported from Zambia;

(b) provide for empowering such person as may be prescribed by or under the order-

(i) to issue licences authorising, to such extent as may be prescribed by or under the order, the import into or the export from Zambia of any controlled goods or any class of such goods;

(ii) to revoke any such licence issued by him in such circumstances and in such manner as may be prescribed by or under the order.

4. Revocation or amendment of licences

(1) The Minister may revoke or amend a licence issued under an order made in terms of these Regulations if he considers that such revocation or amendment is necessary in the national interest.

(2) If the Minister revokes or amends a licence, other than an open general import licence, in terms of sub-regulation (1), an appeal against such revocation or amendment shall lie to the President, whose decision shall be final. An appeal in terms of this sub-regulation shall be lodged with the Permanent Secretary, Ministry of Trade, within twenty-one days of the revocation or amendment being notified and the ground of the appeal shall be set out clearly, specifically and in numbered sequence.

5. Offences and Penalties

Any person who acts in contravention of or fails to comply with any order made under these Regulations, or acts in contravention of or fails to comply with the conditions of any licence issued or authority granted under or in pursuance of any order made under these Regulations, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding four months, or to both sixty thousand penalty units for a first offence; and on conviction for a second or subsequent offence, to a fine not exceeding sixty thousand penalty units or to imprisonment for a period not exceeding six months, or to both

[Am by SI 389 of 1967; Act 13 of 1994.]

CONTROL OF GOODS (IMPORTATION OF SOAP) ORDER

Arrangement of Paragraphs

Paragraph

3. Minimum standards of quality

4. Prohibition of import, except under permit, of soap which does not comply with minimum standards of quality

[Order by the Minister]

GN 5 of 1964,

GN 169 of 1964,

GN 497 of 1964,

SI 5 of 1977.

1. Title

This Order may be cited as the Control of Goods (Importation of Soap) Order.

2. Interpretation

In this Order, unless the context otherwise requires-

"abrasive soap" means soap, whether in powder, paste, tablet, cake or block form, which is a mixture of soap with silica, sand, pumice-stone or other inert abrasive matter and which contains not less than twenty-five per centum of such silica, sand, pumice-stone or other inert abrasive matter, as the case may be;

"import" means to bring goods or cause goods to be brought into Zambia;

"soap" means the product which results from the process of saponification of fats and oils-

(a) with sodium hydroxide or potassium hydroxide; or

(b) by the neutralisation of fatty acids with sodium hydroxide or potassium hydroxide or their carbonates or bicarbonates; or

[Am by SI 169 of 1964.]

3. Minimum standards of quality

(1) Soap in the form of bars, tablets, flakes or chips for household, laundry or toilet purposes shall contain not less than forty-five per centum of fatty acids, of which not more than one-third may be replaced by resin acids; shall not contain more than one-quarter of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide); and shall be free from any harmful ingredients.

(2) Liquid soap shall contain not less than fifteen per centum of fatty acids, of which not more than one-quarter may be replaced by resin acids; shall contain not more than one-twentieth of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide); and shall be free from any harmful ingredients.

(3) Soft soap shall contain not less than thirty-five per centum of fatty acids, of which not more than one-third may be replaced by resin acids; and shall contain not more than three-quarters of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide).

(4) The words "pure", "purest", "best", "superior", "finest", "first grade", "first quality", "No. 1 quality", "A.1 quality", "highest grade", "highest quality", or any other words indicating or suggesting special grade or quality, shall not be printed or marked on, or on the container or wrapper of, any soap which contains less than sixty-two per centum of fatty acids, of which not more than one-quarter may be replaced by resin acids, or more than one-tenth of one per centum of free caustic alkali (calculated for this purpose as sodium hydroxide):

Provided that where soap contains naphtha or carbolic acid or both these substances, the limit of sixty- two per centum for fatty acids specified in this sub-paragraph may be reduced to sixty per centum.

(5) The container or wrapper of abrasive soap which is imported for sale shall at the time of importation have prominently displayed thereon words indicating, as may be appropriate, that it is "abrasive soap", "abrasive soap powder" or "pumice soap", or that it contains abrasive matter or is intended to be used for scouring or polishing, and if no such container or wrapper is used then such words shall be clearly and legibly stamped or embossed on each tablet, cake or block, in which such soap is imported.

4. Prohibition of import, except under permit, of soap which does not comply with minimum standards of quality

(1) Except in accordance with a permit issued by the Permanent Secretary, no person shall import for sale any soap the composition of which, or the wrapping or marking of which, does not at the time when it is imported comply with the provisions of paragraph 3.

(2) For the purposes of determining whether the composition of a bar of soap for household or laundry purposes complies with the provisions of sub-paragraph (1) of paragraph 3 at the time when it is imported, a bar of soap for household or laundry purposes shall be deemed to weigh 2 lb. at the time when it is imported.

CONTROL OF GOODS (IMPORT) (EXEMPTIONS FROM LICENCES) ORDER

[Paragraph 3Paragraph 3 of the Control of Goods (Import and Export) (Commerce) Order.*]

Arrangement of Paragraphs

Paragraph

3. No import of goods without licence

2. Authorised imports

[Order by the Minister]

SI 29 of 1973.

1. Title

This Order may be cited as the Control of Goods (Import) (Exemptions from Licences) Order.

2. Authorised imports

Subject to the provisions of any other written law, there is hereby authorised the import into

Zambia by any person of-

(a) the goods listed in the Schedule; and

(b) any goods for personal use and consumption and not for resale, the value of which does not exceed K50:

Provided that a person shall not be authorised to import any further goods within a period of ninety days.

3. No import of goods without licence

Except as provided for in paragraph 2, no person shall import goods into Zambia without obtaining a licence for their import from the Ministry of Trade and Industry.

SCHEDULE

[Paragraph 2]

1. (a) Used personal and household effects imported by a returning resident.

(b) Used personal and household effects, including motor vehicles, imported by a person who enters Zambia to take up residence or employment for the first time.

2. Goods, including motor vehicles, temporarily imported into Zambia by a tourist or other bona fide visitor for his own use.

3. Goods in transit through Zambia.

4. Samples and advertising material intended solely for use in the taking of orders and not for sale.

5. Any goods exported from Zambia for repair and return and in respect of which a certificate to that effect has been issued by a customs officer.

6. Goods imported by any person to whom privileges are extended by virtue of any enactment in force in Zambia relating to diplomatic, consular or other privileges if such goods are imported for his own use and consumption, or that of his household or for the purpose of his office.

7. All vehicles, aircraft and rail trucks used or to be used for the transport of goods or persons to destinations within Zambia entering Zambia temporarily for such purposes.

8. All vehicles, aircraft and rail trucks registered in Zambia and owned by persons ordinarily resident in Zambia if such vehicles, aircraft or rail trucks are temporarily taken out of Zambia and brought into Zambia within six months of their so being taken out.

CONTROL OF GOODS (EXPORT) OPEN GENERAL LICENCE

[Paragraph 4Paragraph 4 of the Control of Goods (Import and Export) ( Commerce) Order*]

Arrangement of Paragraphs

Paragraph

2. Authorised exports

FIRST SCHEDULE

SECOND SCHEDULE

[Order by the Minister]

SI 183 of 1966.

1. Title

This Licence may be cited as the Control of Goods (Export) Open General Licence.

2. Authorised exports

Subject to the provisions of any other written law, the export from Zambia by any person is hereby authorised of-

(a) the goods listed in the First Schedule; and

(b) any goods (not being goods listed in the Second Schedule) which do not exceed K10,000 in value.

[Am by SI 34 of 1990.]

FIRST SCHEDULE

[Paragraph 2]

1. Exposed cinematograph film.

2. Used personal and household effects, including motor vehicles, exported by a resident departing for a temporary period or by a person departing from Zambia to take up residence or employment elsewhere.

3. Goods, including motor vehicles, temporarily imported into Zambia by a bona fide tourist for his own use.

4. Goods in transit through Zambia.

5. Samples and advertising material intended solely for use in the taking of orders and not for sale.

6. Any goods exported from Zambia for repair and return and in respect of which a certificate to that effect has been issued by a customs officer.

SECOND SCHEDULE

[Paragraph 2]

1. Implements of war (other than arms and ammunition), atomic energy materials of strategic value, and items of primary strategic significance used in the production of arms and ammunition and other implements of war, including the following metals:

(a) beryllium;

(b) columbite;

(d) lithium;

(e) niobium (columbium);

(f) tantalum;

(g) thorium;

(h) titanium;

(i) uranium;

and any materials containing such metals.

2. Lead in any form.

3. Minerals, raw and treated (including residues and tailing) which contain by weight at least 0.05 per centum of uranium or thorium or a combination thereof, and, without derogation from the generality of the foregoing, including-

(a) monazite sand and other ores containing thorium;

(b) carnotite, pitchblende and other ores containing uranium.

4. Petroleum products.

5. The following rough and uncut precious stones:

(a) beryls;

(b) chrysoberyl of gem quality;

(d) emeralds;

(e) rubies;

(f) sapphires;

but not including diamonds suitable only for use for industrial purposes.

6. Scrap and old metals of all kinds.

7. Bags made of jute fibre but excluding hessian bags.

9. The following items:

(a) maize;

(b) soyabeans/beans;

(d) blankets;

(e) matches;

(f) salt;

(g) fertiliser;

(h) torch cells;

(i) wheat and wheat products;

(j) baby food;

(k) toothpaste;

(l) insecticide;

(m) cigarettes.

[Am by SI 21 of 1984.]

CONTROL OF GOODS (PETROL PRICES) ORDER

Arrangement of Paragraphs

Paragraph

3. Maximum selling price

4. Calculation of prices

[Order by the Minister]

SI 232 of 1967,

SI 22 of 1968.

1. Title

This Order may be cited as the Control of Goods (Petrol Prices) Order.

2. Interpretation

In this Order, unless the context otherwise requires-

"petrol" means refined petroleum capable of being used as a motor spirit, but does not include aviation fuel supplied for use in aircraft, paraffin, distillate fuel, furnace oil or diesel fuel;

"wholesale dealer" means-

(a) Agip (Zambia) Limited;

(b) Shell and B.P. Zambia Limited;

(d) Mobil Oil Zambia Limited;

(e) Total Oil Products (Zambia) Limited.

3. Maximum selling price

The maximum price at which petrol may be sold by a person other than a wholesale dealer shall be the wholesale dealer's selling price plus-

(a) the cost of transport, if any, ordinarily incurred by such person; and

(b) the amount of customs duty, if any, actually paid by such person:

Provided that the maximum price for quantities of less than one litre shall be proportional to that allowed for one litre.

[Am by SI 34 of 1990.]

4. Calculation of prices

When the price per litre is calculated under this Order, any fraction of an ngwee which is less than half an ngwee shall be disregarded and any fraction of an ngwee which is equal to or more than half an ngwee shall be taken as an ngwee.

CONTROL OF GOODS (AGRICULTURAL PRODUCTS PRICES) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

Regulation

3. Appointment of inspectors

4. Furnishing of information

5. Powers of inspectors

6. Fixing of prices by order

7. Offences and penalties

[Regulations by the President]

GN 52 of 1958

GN 160 of 1960,

GN 1 of 1964,

SI 390 of 1967,

Act 13 of 1994.

1. Title

These Regulations may be cited as the Control of Goods (Agricultural Products Prices) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"controlled goods" means any commodity or animal specified in the Schedule;

"dealer" means any person who carries on the business of buying and selling controlled goods;

"inspector" means a person appointed as an inspector under these Regulations;

"order" means an order made by the Minister in terms of these Regulations;

"price" includes any form of consideration;

"sell" includes-

(a) to sell by auction;

(b) to offer or attempt to sell;

(d) to exchange or dispose of controlled goods for any valuable consideration;

and the expressions "sale", "seller", "to purchase", "purchase" and "purchaser" shall be construed accordingly.

3. Appointment of inspectors

(1) The Minister may appoint inspectors and graders for the purposes of these Regulations.

(2) Every inspector shall be furnished with a certificate signed by the Minister which shall state that the inspector has been appointed as an inspector under these Regulations.

(3) An inspector exercising any power or performing any duty conferred or imposed upon him by these Regulations or about to exercise or perform any such power or duty shall, on demand by any person concerned, produce the certificate referred to in sub-regulation (2).

4. Furnishing of information

(1) The Minister may, by notice in writing, require any person who produces or has produced, deals in or has dealt in, or handles or has handled any controlled goods to furnish to the Minister or his authorised representative from time to time any information whatsoever available to such person relating to any such controlled goods which he or his servant or agent has or has had in his possession or custody or over which he has or has had any control or which he is capable of producing.

(2) Any such person as aforesaid shall, at the request of an inspector, produce to the inspector any book, record, list or document at his disposal which relates to any such controlled goods, and shall furnish the inspector with such other information or explanation, either in writing or verbally, relating to such controlled goods as the inspector may demand from him.

5. Powers of inspectors

(1) An inspector may examine and make extracts from and copies of books, records, lists or documents relating to controlled goods, and may demand from any dealer or other person an explanation of any entries therein and may seize and remove any such books, records, lists or documents as, in his opinion, may afford evidence of an offence under these Regulations.

(2) An inspector may, for the purposes of examination or production as evidence, seize and remove without payment any sample or specimen of any controlled goods in the possession of any person referred to in sub-regulation (1).

(3) An inspector shall issue a receipt in respect of anything seized in terms of this regulation.

(4) Anything seized in terms of this regulation shall, if circumstances permit, be returned to its owner at the conclusion of any proceedings taken or inquiries made in relation thereto.

6. Fixing of prices by order

The Minister may by order-

(a) fix the maximum, minimum or specified prices to be paid to producers of any controlled goods by persons generally, by any specified person or by any persons of a specified class or group;

(b) determine the method by which such prices shall be fixed, computed or calculated;

(c) prescribe standards of quality, composition and condition, and minimum standards, for any controlled goods and prohibit, regulate or restrict the sale of any controlled goods which do not conform with such prescribed standards;

(d) prescribe the specific designation under which any particular controlled goods may be sold and prohibit, regulate or restrict the sale of such controlled goods under designations other than the prescribed designations;

(e) provide for the prevention of the evasion of any order.

7. Offences and penalties

Any person who-

(a) contravenes or fails to comply with any order, request or demand lawfully made under these Regulations;

(b) willfully furnishes the Minister or an inspector with any incorrect or incomplete information or explanation;

(c) hinders, obstructs or delays an inspector in the performance of his duties or the exercise of his powers under these Regulations;

(d) refuses or fails to answer to the best of his knowledge any questions lawfully put to him under these Regulations;

(e) contravenes or fails to comply with any provision of these Regulations or of any order;

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.

[Am by SI 390 of 1967; Act 13 of 1994.]

CONTROL OF GOODS (IMPORT OF MEDICINAL SUBSTANCES AND POISONS) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

Regulation

3. Particulars to be recorded on containers or labels

4. Prohibition on import of specified poisons except by authorised persons

5. Offences and penalties

FIRST SCHEDULE

SECOND SCHEDULE

[Regulation by the President]

GN 271 of 1955,

GN 225 of 1957,

GN 1 of 1964,

GN 497 of 1964,

SI 384 of 1967,

Act 13 of 1994.

1. Title

These Regulations may be cited as the Control of Goods (Import of Medicinal Substances and Poisons) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"advertisement" includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light or sound;

"appropriate designation", in relation to a substance, constituent or ingredient, means the accepted scientific name or other name descriptive of the true nature of that substance, constituent or ingredient;

"appropriate quantitative particulars" means-

(a) the approximate percentage of each of the active constituents or ingredients contained in any substance or the approximate quantity of each of the active constituents or ingredients contained in any article; or

(b) if an article consists of or comprises a number of separate portions of a substance, either the approximate percentage or quantity mentioned in paragraph (a) or the approximate quantity of each of the constituents or ingredients contained in each portion;

"container" includes a wrapper;

"proprietary designation", in relation to articles consisting of or comprising a substance recommended as a medicine, means a word or words used or proposed to be used in connection with the sale of those articles for the purpose of indicating that they are the goods of a particular person by reason of manufacture, selection or certification or by reason of his offering them for sale or his dealing in or with them;

"proprietor", in relation to a proprietary designation, means the person whose goods are indicated or intended to be indicated by that proprietary designation;

"substance" includes a preparation;

"substance recommended as a medicine", in relation to an article consisting of or comprising a substance so recommended, means a substance which is referred to-

(a) on the article, or on any wrapper or container in which the article is sold, or on any label affixed to, or in any document enclosed in, the article or such a wrapper or container; or

(b) in any placard or other document exhibited at any place in Zambia where the article is sold; or

(c) in any advertisement, letter, or other document published by or on behalf of the manufacturer of the article, or any person carrying on business in the course of which the article is sold, or, if the article is sold under a proprietary designation, the proprietor of the designation;

in terms which are calculated to lead to the use of the substance for the exertion of some pharmacological effect on the human body, not being terms which give a definite indication that the substance is intended to be used as, or as part of, a food or drink, and not as, or as part of, a medicine.

[Am by GN 1 of 1964.]

{mprestriction ids="2,3,5"}

3. Particulars to be recorded on containers or labels

(1) No person shall import into Zambia any article consisting of or comprising a substance recommended as, or intended to be used as, a medicine unless there is written so as to be clearly legible on the article or a label affixed thereto, or, if the article is imported in a container, on the container or a label affixed thereto, or, if the article is imported in more than one container, on the inner container or a label affixed thereto-

(a) the appropriate designation of the substance so recommended, or of each of the active constituents thereof, or of each of the ingredients of which it has been compounded; and

(b) if the appropriate designation of each of the active constituents or the ingredients is written as aforesaid, the appropriate quantitative particulars of the constituents or ingredients.

(2) Notwithstanding the provisions of sub-regulation (1), any article referred to in that sub-regulation may be imported into Zambia by-

(a) a medical practitioner registered or exempted from registration under any written law relating to the registration of medical practitioners;

(b) a traveller for his personal use.

[Am by GN 225 of 1957, 1 of 1964.]

4. Prohibition on import of specified poisons except by authorised persons

No person shall import into Zambia any poisons specified in the First Schedule or any preparation containing any such poison, whether or not that preparation is a substance recommended as a medicine, unless-

(a) he is a person who is a member of a class of persons specified in paragraph 1, 2 or 3 of the Second Schedule; or

(b) he is authorised to do so in terms of an open general licence issued by the Minister by Gazette notice; or

[Am by GN 1 of 1964.]

5. Offences and penalties

Any person who acts in contravention of or fails to comply with any of the provisions of these Regulations shall be guilty of an offence and shall be liable on conviction to a fine of one thousand five hundred penalty units or to imprisonment for three months, or to both and, in addition to such aforesaid penalty, the court before which a person is so convicted may order any articles in respect of which such offence has been committed to be forfeited.

[Am by SI 384 of 1967; Act 13 of 1994.]

FIRST SCHEDULE

[Regulation 4]

SPECIFIED POISONS

1. Barbituric acid or its salts.

2. Derivatives of barbituric acid or their salts.

3. Compounds with any other substance of barbituric acid or compounds with any other substance of its salts or of its derivatives and their salts.

4. Paraldehyde.

SECOND SCHEDULE

[Regulation 4]

AUTHORISED PERSONS

1. Persons authorised to sell poisons in terms of any written law.

2. Pharmacists registered under any written law.

3. Medical practitioners, dental surgeons and veterinary surgeons registered under any written law.

[Am by GN 1 of 1964; Act 13 of 1994.]

CONTROL OF GOODS (IMPORT OF RADIOACTIVE SUBSTANCES) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

Regulation

4. Prohibition on import of radioactive substances except under licence

3. Open import licences

5. Information to be contained in applications for licences

6. Offences and Penalties

[Regulation by the President]

GN 406 of 1960,

GN 1 of 1964,

GN 166 of 1964,

GN 497 of 1964.

SI 387 of 1967.

1. Title

These Regulations may be cited as the Control of Goods (Import of Radioactive Substances) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"appropriate designation", in relation to a substance, constituent or ingredient, means the accepted scientific name or other name descriptive of the nature of the substance, constituent or ingredient;

"radioactive substance" means any substance which consists of or contains any radioactive chemical element, whether natural or artificial, and whose specific activity exceeds 0.002 of a microcurie per gramme of parent radioactive chemical element of substance and which has a total activity of more than 0.1 microcurie.

3. Open import licences

The Minister may, by Gazette notice, issue open import licences authorising, subject to the provisions of any other written law, the import into Zambia of any radioactive substances.

[Am by GN 1 of 1964, 166 of 1964.]

4. Prohibition on import of radioactive substances except under licence

No person shall import into Zambia any radioactive substance unless-

(a) he is authorised to do so in terms of an open import licence issued in terms of regulation 3; or

(b) he has obtained a licence to do so from the Permanent Secretary, Ministry of Power, Transport and Works; and

(c) there is clearly and legibly written on the container in which the substance is placed or on a label affixed thereto-

(i) the appropriate designation of the substance or of each of the active constituents thereof or of each of the ingredients of which it has been compounded; and

(ii) if the appropriate designation of each of the active constituents or the ingredients is written on the container or label, the appropriate quantitative particulars of such constituents or ingredients.

[Am by GN 1 of 1964, 166 of 1964.]

5. Information to be contained in applications for licences

Applications for the issue of a licence in terms of paragraph (b) of regulation 4 shall contain the following information:

(a) name and address of importers;

(b) purpose for which radioactive substance is to be used (medical, research, industrial or educational);

(d) name and address of person or persons responsible for using radioactive substance;

(e) qualifications of person or persons responsible for using radioactive substance;

(f) appropriate designation of radioactive substance;

(g) physical state of radioactive substance (liquid, gas or solid);

(h) activity in millicuries on arrival in Zambia;

(i) radiation at surface of the container;

(j) whether source of radiation is sealed or unsealed;

(k) type of radiation;

(l) half-life;

(m) place of origin, eg, Harwell, etc;

(n) port and date of arrival in Zambia;

(o) mode of transport; number of vehicle if by road;

(p) address of place where radioactive substance is to be used;

(q) proposed means of final disposal.

[Am by GN 1 of 1964.]

6. Offences and Penalties

Any person who acts in contravention of or fails to comply with these Regulations or any notice made thereunder, or acts in contravention of or fails to comply with the conditions of any licence issued or authority granted under or in pursuance of these Regulations or notice made thereunder, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both.

[Am by SI 387 of 1967; Act 13 of 1994.]

CONTROL OF GOODS (IMPORTATION OF EMBLEMS PROHIBITION) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

Regulation

2. Prohibition on importation of certain emblems or goods incorporating such emblems

3. Offences and penalties

[Regulation by the President]

GN 218 of 1956,

GN 1 of 1964,

GN 497 of 1964.

SI 386 of 1967.

1. Title

These Regulations may be cited as the Control of Goods (Importation of Emblems Prohibition) Regulations.

2. Prohibition on importation of certain emblems or goods incorporating such emblems

No person shall import into Zambia-

(a) any drawing or design portraying any badge, token, emblem, insignia, symbol, name, slogan or motto of any society, organisation, association or other body of persons declared or deemed to be an unlawful society, organisation, association or body in terms of any written law;

(b) any goods in which such a drawing or design has been incorporated, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining or any other means whatever, whether manual, mechanical or chemical, separate or combined and whether applied to or incorporated in any goods for the pattern, shape, configuration or ornamentation thereof or for any two or more such purposes.

[Am by GN 1 of 1964.]

3. Offences and penalties

Any person who acts in contravention of these Regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both and, in addition to such aforesaid penalty, the court before which a person is so convicted may order any articles in respect of which such offence has been committed to be forfeited.

[Am by SI 386 of 1967; Act 13 of 1994.]

CONTROL OF GOODS (IMPORTATION OF PROHIBITED PUBLICATIONS) REGULATIONS

[Section 3]

Arrangement of Regulations

Regulation

3. Prohibition on importation of subversive or seditious documents

4. Powers of officers

5. Disposal or return of documents

[Regulation by the President]

GN 368 of 1961,

GN 334 of 1962,

GN 1 of 1964,

GN 497 of 1964,

SI 262 of 1965.

1. Title

These Regulations may be cited as the Control of Goods (Importation of Prohibited Publications) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"officer" means an officer as defined in section 2 of the Postal Services Act or section 2 of the Customs and Excise Act.

[Am by SI 262 of 1965.]

3. Prohibition on importation of subversive or seditious documents

No person shall import into Zambia any document or other article which-

(a) is, in the opinion of the President, subversive or seditious;

(b) is published or produced by an organisation or emanates from a source which, in the opinion of the President, is subversive or seditious;

(c) is, if imported into Zambia, likely, in the opinion of the President, to be used in connection with subversive or seditious activities.

[Am by GN 334 of 1962, 1 of 1964.]

4. Powers of officers

An officer may seize and forward to the President any document or other article for the purposes of obtaining the President's opinion whether or not the importation of the document or other article into Zambia would constitute a contravention of the provisions of regulation 3.

[Am by GN 1 of 1964.]

5. Disposal or return of documents

(1) If the President is of the opinion that the importation of a document or other article forwarded to him by an officer in terms of regulation 4 would constitute a contravention of regulation 3, the document or other article shall be disposed of in accordance with the directions of the President.

(2) If the President is not of the opinion that the importation of a document or other article forwarded to him by an officer in terms of regulation 4 would constitute a contravention of regulation 3, the President shall cause the document or other article to be returned forthwith to the person from whom the document or other article was taken or to whom the document or other article is addressed, as the case may be.

CONTROL OF GOODS (SUPPLY OF INFORMATION) REGULATIONS

[Section 3]

Arrangement of Regulations

Regulation

3. Supply of information

4. Penalty

[Regulation by the President]

SI 85 of 1971,

Act 13 of 1994.

1. Title

These Regulations may be cited as the Control of Goods (Supply of Information) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"Price Controller" means the person appointed as such under the Control of Goods (Price Control) Regulations.

3. Supply of information

Any person who produces or has produced, manufactures or has manufactured, deals in or has dealt in, handles or has handled, sells wholesale or retail, any commodity shall supply such information and make available for inspection such books of account within such reasonable period as the Price Controller may require.

4. Penalty

Any person who fails to comply with any requirement made pursuant to regulation 3 shall be guilty of an offence and shall be liable on conviction-

(a) in the case of a first offence, to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding six months, or to both and

(b) in the case of a second or subsequent offence, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both.

[Am by GN 1 of 1964.]

CONTROL OF GOODS (IMPORT DECLARATION FEE) REGULATIONS

[Section 3]

Arrangement of Regulations

Regulation

4. Value of goods to be calculated in dollars

3. Application

5. Procedure for payment of fee

6. Computing the value of the transaction

7. Bank to remit fee within seven days

8. Requirements for the release of imports by customs official

9. Auditing and assessment of importer

10. Auditing and assessment of importer

11. Payment of fee by exempt importer

12. Refund of fee

13. Refund may be offset by subsequent import

14. Evasion

15. Appeals

16. Penalty for contravention

FIRST SCHEDULE

SECOND SCHEDULE

[Regulation by the President]

SI 20 of 1997,

SI 10 of 1998.

1. Title

These Regulations may be cited as the Control of Goods (Import Declaration Fee) Regulations.These Regulations are deemed to have come into effect on the 1st February, 1997.3

2. Interpretation

In these regulations, unless the context otherwise requires-

"goods" means goods of a value in excess of five hundred United States dollars, imported for commercial purposes, to which these Regulations apply;

"import" shall have the same meaning as assigned to it in the Customs and Excise Act;

[Subs by reg 2(a) of SI 10 of 1998.]

"importer" shall have the same meaning as assigned to it in the Customs and Excise Act.

[Subs by reg 2(b) of SI 10 of 1998.]

3. Application

(1) These Regulations shall apply to all goods ordered on or after the 2nd of October, 1995.

(2) All goods imported on or after the 1st November, 1995, shall be deemed to have been ordered after these regulations came into effect and shall be subject to the provisions of these Regulations.

4. Value of goods to be calculated in dollars

(1) An importer shall, before importing the goods, be required to complete and submit an import declaration form to a commercial bank, which shall determine whether a fee is payable by the importer in respect of the goods.

(2) A commercial bank, to which an import declaration form is submitted shall, so as to determine whether a fee is payable by the importer in respect of the goods, convert the value of the goods to be imported into United States dollars at the rate prevailing at the commercial bank.

5. Procedure for payment of fee

(1) An importer shall submit, to a commercial bank, a completed import declaration form as set out in the First Schedule, in four copies.

(2) A commercial bank shall, upon receipt of an import declaration form, allocate to it a separate reference number.

(3) A copy of the pro-forma invoice or some other document from the supplier of the goods to be imported, describing the goods and their value, shall be attached to one of the copies of the import declaration form submitted to the commercial bank.

(4) A commercial bank shall within, two days of computing the fee, notify the Permanent Secretary of the Ministry responsible for commerce, trade and industry or it's designate of the details of the import declaration form submitted to it.

(5) When a commercial bank has determined the amount of a fee, it shall retain one copy of the import declaration form and the other three copies shall be collected from the bank as follows:

(a) the original and one copy by the importer, and

(b) one copy, with the pro-forma invoice attached to it, by any person designated by the Minister.

6. Computing the value of the transaction

(1) A commercial bank shall compute the value of the transaction in respect of any goods by adding the-

(a) free on board value;

(b) cost of transportation;

(d) cost of freight.

(2) The Free on Board value of the goods shall include the value of-

(a) export packing and handling; and

(b) export documentation.

(3) If an import declaration form does not provide for the values of freight and insurance of the goods, such values shall be calculated as follows:

(a) freight shall be equal to twenty per centum of the Free on Board value of the goods; and

(b) insurance shall be equal to two per centum of the Free on Board value of the goods.

(4) The fee payable by an importer shall be five per centum of the value of the transaction computed under sub-regulation (1).

7. Bank to remit fee within seven days

A commercial bank shall, upon the receipt of the fee computed, remit the fee to the Bank of Zambia on the first working day of the following week after the commercial bank's receipt of the fee.

8. Requirements for the release of imports by customs official

(1) Customs officials shall release goods to which these Regulations apply when all applicable customs requirements have been complied with and the importer has submitted-

(a) the import declaration form bearing a reference number from the commercial bank that computed the fee in respect of the goods and receipted by the bank as evidence of payment of the fee applicable; and

(b) such other applicable documentation as may be required by the customs officials.

(2) The import declaration form shall be submitted to the customs officials under sub-regulation (1) in its original form.

(3) Where there is need to submit a facsimile or photocopy of the original import declaration form, the copy shall be authenticated as a copy of the original by the Manager of the commercial bank that computed the fee.

(4) Where an importer of goods fails to provide the required documentation evidencing payment of a fee, customs officials shall compute the fee payable from the available data and provisionally release the goods upon the payment, by the importer, of a cash surety of not less than twice the amount of the fee owing.

9. Auditing and assessment of importer

(1) A commercial bank to which a fee has been paid by an importer may, within a period of twelve months of the date of the computation of the fee, be audited in respect of the fee paid, by an officer authorised by the Minister.

(2) The auditing of a commercial bank referred to under sub-regulation (1) shall be to determine whether-

(a) a fee was remitted to the Bank of Zambia within the time specified under regulation 6; or

(b) the amount of the fee remitted is not understated or otherwise incorrect.

(3) Upon the completion of the audit of a commercial bank under sub-regulation (1), an assessment of the amount of the fee that may be owing shall be made and shall become immediately payable by the commercial bank at the Bank of Zambia.

10. Auditing and assessment of importer

(1) An importer of any type of goods may, within a period of two years from the date of the importation, be audited in respect of the good imported and may have the goods, premises, documents, books and records, relating to the goods, inspected.

(2) The auditing of an importer referred to under sub-regulation (1) shall be to determine whether-

(a) a fee was required to be paid in respect of any goods imported; or

(b) the correct amount of the fee has been paid in respect of the goods imported.

(3) Upon the completion of the audit of an importer under sub-regulation (1), an assessment of the amount of the fee that may be owing shall be made and shall become immediately payable by importer at the Bank of Zambia.

11. Payment of fee by exempt importer

Where an importer of goods destined for approved-

(a) duty free stores;

(b) Export Processing zone enterprises; or

(c) Manufacturing under Bond enterprises subsequently sells the goods or a product of such goods outside the areas specified for the sale of such goods within the Republic,

such importer shall be liable to pay the applicable fee.

12. Refund of fee

(1) An application for the refund of a fee paid shall be addressed to the Permanent Secretary and be made on the form set out in the Second Schedule.

(2) In addition to the grounds for the refund of a fee provided under paragraph (a) and (b) of section 3A of the Act, a fee may be refunded where-

(a) the goods were not imported due to cancellation of the transaction prior to any inspection of the goods or loss of the goods while in transit, before customs release;

(b) the circumstances of the transaction have changed significantly so as to require the completion and submission of another import declaration form;

[Reg 12(2)(c) am by reg 3(a) of SI 10 of 1998.]

(d) the goods have been warehoused in bond and have been subsequently sold or released to any person who is entitled to an exemption of the fee; or

[Reg 12(2)(d) ins by reg 3(b) of SI 10 of 1998.]

(e) the goods are returned to the supplier from a bonded house under customs control in their original state of export.

[Reg 12(2)(d) renumbered as reg 12(2)(e) by reg 3(c) of SI 10 of 1998.]

(3) A refund of a fee paid shall be made only where the claim is substantiated by-

(a) the importer's copy of the import declaration form;

(b) the relevant customs clearance documents; and

(4) A refund of a fee shall be paid into the bank account of the successful claimant.

13. Refund may be offset by subsequent import

An importer entitled to a refund may request the Ministry, in writing, to retain the refund due and apply it to the fee of any subsequent import.

14. Evasion

(1) An importer who willfully splits or otherwise reduces the value of the transaction so as to avoid the payment of the fee, wholly or in part, shall have the goods audited and assessed, by an officer authorised by the Minister, to determine the fee payable.

(2) An importer of goods that have been audited and assessed under sub-regulation (1) shall be required to pay the fee owing and shall be liable to pay an additional five per centum of the value of the transaction as penalty for the evasion.

15. Appeals

(1) An importer may appeal against an assessment made under these regulations to the Permanent Secretary within a period of thirty days of the assessment.

(2) An importer aggrieved by the ruling of the Permanent Secretary made under sub-regulation (1), may appeal to the High Court within a period of thirty days of the ruling.

16. Penalty for contravention

(1) A commercial bank that contravenes these Regulations shall be required to comply with these Regulations and shall be liable to pay interest on any fee it may have failed to remit, equivalent to the annualised nominal interest rates applicable to treasury bills. (2) An importer who contravenes these Regulations shall be required to comply with these Regulations, and shall be liable to pay an additional five per centum of the value of the transaction.

FIRST SCHEDULE

[Regulation 5]

See Guidelines Overleaf

1. IDF No.

Republic of Zambia

IMPORT DECLARATION FORM

TO BE COMPLETED BY IMPORTER

2. Importer (Full Particulars)	3. TIN	4. VAT Registration Number
5. Name and Particulars of Contact Person (Importer)	6. Telephone	7. Fax/Telex
8. Seller (Full Particulars)	9. Telephone	10. Fax/Telex
11. Supply Country	12. Port of Entrance	13. Port of clearance	14. Transport Mode	15. ETD
16. Transaction Terms	17. Goods Origin	18. Import Regime	19. Proforma No/Date	20. PTA Yes No
21. Currency	22. FOB Value	23. Freight	24. Insurance	25. Other Charges
26. Description	27. HS Code	28. Quantity	29. FOB Value

30. I/We declare that the above particulars are true and correct
Date	Name	Signature

FOR USE BY REMITTING BANK DATE CIF VALUE IN FOREIGN CURRENCY: FOREIGN CURRENCY AND RATE CIF VALUE IN LOCAL CURRENCY IDF FEE PAID	BRANCH STAMP

IDF Guidelines

An IDF should be completed and registered immediately upon confirmation of the import order. Any delay in Customs clearance resulting from a delay in registering the IDF will be the responsibility of the importer.

IDF's may be presented to any participating commercial bank for registration and for payment of a fee calculated at the exchange rate prevailing on the date of presentation to the bank.

The importer shall submit 4 copies of the IDF, completed in a clear and legible manner. Incomplete or inaccurate IDF's will be rejected. Distribution: Importer-two (2) copies (original to importer, to be presented with the customs entry), commercial bank-one (1) copy, PSI company-one (1) copy. A copy of a proforma invoice is required to be attached to the original and the PSI company copies of the IDF. The commercial bank, once the IDF is registered, will forward the PSI copy and attached proforma invoice to the PSI company.

Changes in details of the IDF such as change in country of supply, sellers name, value, etc, are to be forwarded to the PSI company.

Notes on IDF completion

Box

1. This box is reserved for participating banks to enter the IDF registration number when processing this form.

2. The legally registered name of your company or other type of business entity or if you are an individual be sure to enter your surname first.

5. The name of the person to be contacted in case of a query.

8. The full name and address of the seller.

9. 10. The general telephone number for the seller's place of business and fax number (if any).

11. The country where the goods are located and available for pre-shipment inspection, where necessary.

12. The Customs port through which goods will enter Zambia.

13. The Customs point where the duties and taxes, if any, will be paid for their release.

14. Transport Mode: sea; air; road; postal; rail; courier.

15. Estimated time of departure from the country of export to Zambia.

16. Conditions of payment for the transaction.

17. The country where the goods were made or originated from.

18. Indicate in full words: consumption, bonded warehouse, etc.

20. Check the box that indicates whether the goods are entitled Preferential Trade Area treatment.

21. Transaction currency.

25. Export packing and handling, export documentation, etc.

27. Harmonised System Code used by customs for goods classification.

28. As precise quantity as possible.

Please ensure the declaration is signed by an authorised person. An authorised person is a proprietor, partner, or an individual duly authorised by the organization or company.

SECOND SCHEDULE

[Regulation 12]

IMPORT DECLARATION FEE REFUND

A-IDENTIFICATION

VAT Registration Number

Period covered by claim

From

Legal Name of Importer (Last Name if an individual)

First Name and Initials (Individuals only)

Mailing Address (P.O. Box No. or Private Bag Number)

City

Telephone

FAX

Location of Business Address (Number, street, and Apartment number)

City

Telephone

FAX

Contact Person

B-REASON FOR REFUND REQUEST

Reason Code (Enter appropriate Reason Code)	Code	Reason		Code	Reason
1	Fee paid by mistake		5	Significant change in circumstances
2	Goods subject to drawback		6	Goods were exported as not according to order
3	Cancellation of order		7	Exported in a new and unused condition
4	Goods lost in transit		8	Other

C-REFUND COMPUTATION

IDF Registration No.	Seller's Name	Brief description of goods	Fee paid






Amount of fee paid subject to drawback (attach separate calculation) -------------------------------------------
Total amount claimed --------------------------------------------
(FOR OFFSET USE)
Corresponding IDF Registration No. ------------------------------------------- Fee Amount ------------------------------------------- Amount approved for refund ------------------------------------------- Amount Refundable/Due -------------------------------------------

D-CERTIFICATION

1. The information on this application, including accompanying document(s), if any, is correct and complete to the best of my knowledge.

2. The amount claimed has not previously been refunded to me.

3. This claim for refund is subject to verification and any other books, or records as may be required are available for inspection.

Signature of Applicant Print Name Date

BANK INFORMATION

The net amount after any offset claimed on this application shall be deposited by the Ministry of Finance to the bank account of the applicant. Bank Details
Name of Bank
Full Mailing Address of Bank
Telephone Number	Fax Number	Account Number for refund to be deposited to

NOTES

Where applicable attach a detailed calculation used to compute your application for refund.

An application for a refund must be filled within 2 years from the date of the event giving cause for the refund.

Not more than one application for a refund may be made by an importer in a calendar month. Copies of all documentation relevant to the refund must be attached.

An authorised representative of the importer must sign the application for refund. Unsigned applications will be returned.

In those situations where the importer requests an offset against the fee payable on another IDF for the import of goods, the properly completed IDF and a proforma must be attached along with a brief letter requesting the offset. Every effort will be made to process the refund and offset it against the applicable fee promptly, however, importers must attach all documentation necessary to verify the amount of the fee that is refundable.

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF IMPORTATION) (REVOCATION) ORDER

[Regulation 3]

Arrangements of Paragraphs

Paragraph

2. Revocation of S.I. No 102 of 1997

SI 96 of 1998.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) (Revocation) Order, 1998.

2. Revocation of S.I. No 102 of 1997

The Control of Goods (Import and Export)(Agriculture) (Prohibition) Order, 1997 is hereby revoked.

CONTROL OF GOODS (IMPORT AND EXPORT) (REVOCATION) ORDER

[Regulation 3]

Arrangements of Regulations

Regulations

2. Revocation of S.I. No. 70 of 2002

SI 83 of 2002.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Prohibition of Exports) (Revocation) Order, 2002.

2. Revocation of S.I. No. 70 of 2002

The Control of Goods (Import and Export) (Prohibition of Exports) Order, 2002, is hereby revoked.

CONTROL OF GOODS (IMPORT AND EXPORT)(PROHIBITION OF IMPORTS) (REVOCATION) ORDER

[Regulation 3]

Arrangements of Regulations

Regulations

2. Revocation of S.I. No. 50 of 2002

SI 97 of 2002.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Prohibition of Imports) (Revocation) Order, 2002.

2. Revocation of S.I. No. 50 of 2002

The Control of Goods (Import and Export) (Prohibition of Imports) Order, 2002 is hereby revoked.

CONTROL OF GOODS (SAFEGUARD MEASURES) REGULATION

[Section 4W]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY

3. Application for safeguard measures

PART II
APPLICATION FOR SAFEGUARD MEASURES

4. Notice of safeguard investigation

PART III
IMPLEMENTATION OF SAFEGUARD MEASURES

5. Conditions for imposition of safeguard measure

PART IV
PROCEDURES OF INVESTIGATIONS COMMITTEE

6. Proceedings of Committee

7. Declaration of interest

8. Decision by majority opinion

9. Procedure at hearing

10. Verification of information

11. Decision of investigating Committee

12. Registered mail

13. Inspection of register

SI 75 of 2006.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Control of Goods (Safeguard Measures) Regulations, 2006.

2. Interpretation

In these Regulations, unless the context otherwise requiresâ€“

"Act" means the Control of Goods Act;

"Advisory committee" means the Advisory Committee constituted under section 4G of the Act;

"interested party" meansâ€“

(a) exporters and foreign producers of the investigated product;

(b) importers of the investigated product;

(c) trade or business associations whose membership is composed of producers, exporters or importers of the investigated product;

(d) the Government of the exporting countries of the investigated product;

(e) domestic producers;

(f) trade and business associations whose majority membership are producers;

(g) labour unions or other similar organisations representing the interests of workers in the domestic industry;

(h) consumers association; and

(i) any other person whom the Minister determines to have sufficient interest in the outcome of a safeguard investigation;

"investigated product" means the imported product subject to a safeguard investigations under the Act;

"Investigations Committee" means those interested parties that indicate their intention to participate in a safeguard investigation under PART III of the Act;

"safeguard investigation" means an investigation into whether increased imports of the investigated product have caused serious injury to the domestic industry;

"safeguard measure" means the temporary imposition of customs tariffs or quantitative restrictions or a combination thereof, in response to an affirmative determination in a safeguard investigation to prevent or remedy serious injury to the domestic industry.

PART II
APPLICATION FOR SAFEGUARD MEASURES

3. Application for safeguard measures

(1) An application for a safeguard investigation or an investigation into whether increased imports of the investigated product threaten to cause serious injury to the domestic product shall be made in Form SM1, set out in the Schedule.

(2) The Minister may require the applicant to provide such additional information relating to the application as the Minister may consider necessary to enable the Minister determine whether or not a safeguard investigations should be conducted.

4. Notice of safeguard investigation

(1) The notice to cause a safeguard investigation which is given by the Minister in accordance with the provisions of section 4E of the Act shall include the following information:

(a) a complete description of the investigated product, including its technical characteristics and uses, and an identification of its tariff classification and the duties applicable;

(b) a complete description of the domestic like directly competitive products, including their technical characteristics and uses;

(c) the names of the requesting enterprises, if any and of all other known producers of the domestic like or directly competitive products;

(d) the country or countries of origin of the investigated product;

(e) a summary of the information on which the request for safeguards measures is based;

(f) the name, address and telephone number of the contact person of the Investigations Committee;

(g) a statement that the date of the initiation of a safeguard investigation is the date of publication of the notice regarding the investigation;

(h) the proposed schedule for the investigation including:

(i) the date by which interested parties desiring to participate in the investigation must so inform the Investigations Committee, in writing;

(ii) where the imposition of a provisional measure is to be considered, the schedule for and deadlines pertaining to the preliminary phase of the investigation including the dates by which any written argument or other submission must be submitted to the Committee; and

(iii) the date by which a hearing may be held.

(2) Where the Minister decides not to initiate a safeguard investigations, the notice regarding the decision not to initiate the investigation shall containâ€“

(a) the identity of the requesting enterprises and the domestic products in respect of which a safeguard investigation was requested;

(b) an identification of the imported product; and

(3) Any notice to be given under these Regulations for purposes of a safeguard investigation shall be given in accordance with the provisions of section 4E of the Act:

Provided that where the Investigation Committee considers it appropriate, notice may be given to a participating interested party through the diplomatic mission of the interested party concerned.

PART III
IMPLEMENTATION OF SAFEGUARD MEASURES

5. Conditions for imposition of safeguard measure

(1) A safeguard measure may be applied to an investigative product only if the decision to impose the safeguard measure has been determined, pursuant to an investigation carried out in accordance with the Act and these Regulations.

(2) Where a decision to impose a safeguard measure is made in accordance with section 4M, 4N or four O of the Act, the provisional or definitive safeguard measure, as the case may be, shall apply to imported goods for which a customs declaration for final clearance has been made.

(3) For the avoidance of doubt, the Customs Division may clear goods that are subject to a safeguard investigation during the period when the safeguard investigation is being conducted.

PART IV
PROCEDURES OF INVESTIGATIONS COMMITTEE

6. Proceedings of Committee

(1) The Investigations Committee shall sit at such places and times as the Chairperson shall determine.

(2) The Chairperson or the Vice-Chairperson shall preside over the sitting of the Committee.

(3) The Committee when considering any matter shall be duly constituted if it consists of five members which number shall include the Chairperson or the Vice-Chairperson.

7. Declaration of interest

A member of the Investigations Committee shall not sit at a meeting or hearing of the Committee if the member has any interest, direct or indirect, personal or pecuniary in any application or matter before the Committee.

8. Decision by majority opinion

The determination of any matter before the Investigations Committee shall be according to the opinion of the majority of the members considering the matter and the person presiding shall have a casting vote.

9. Procedure at hearing

At any hearing relating to a safeguard investigation, every participating interested party shall have the right to appear in person or to be represented by a legal practitioner or a representative of the participating interested party's choice and to give evidence before the Committee and may, if that party so chooses, submit written evidence to the Committee.

10. Verification of information

The Investigations Committee may, for purposes of verifying information received by the Committee during a safeguard investigation, undertake such site visits to places within and outside Zambia as the Committee may consider necessary:

Provided that where the Committee considers that the prior approval of any participating interested party is required before a site visit is undertaken, the Committee shall obtain the necessary approval before undertaking the site visit.

11. Decision of investigating Committee

(1) The decision of the Investigations Committee shall be rendered in the report of the Committee and shall contain the Committee's recommendations and the reasons for the recommendations.

(2) The report of the Committee referred to in sub-regulation (1) shall be submitted to the advisory Committeeâ€“

(a) within 14 days of the completion of the safeguard investigation; or

(b) where a hearing is conducted as part of a safeguard investigation, within 14 days of the completion of the hearing.

12. Registered mail

Subject to section 4J of the Act, the Investigations Committee shall keep a register, in respect of every safeguard investigation and hearing, containing the following information:

(a) all notices issued in relation to a safeguard investigation;

(b) all determinations made by the Investigations Committee in respect of a safeguard investigation;

(d) the record of proceedings of every hearing conducted as part of safeguard investigation; and

(e) details of such other documentation that the Committee considers to be pertinent to the safeguard investigation.

13. Inspection of register

The register referred to in Regulation 12 shall be kept at the office of the Minister or such other place as the Minister may determine and shall be made available for inspection by the public during normal hours of official business.

SCHEDULE

[Regulation 3]

CONTROL OF GOODS ACT

The Control of Goods (Safeguard Measures) Regulations 2006

APPLICATION FOR THE IMPOSITION OF A SAFEGUARD MEASURE

APPLICATION FORM

1. REQUEST FOR SAFEGUARD INVESTIGATION

I/We request the Ministry to initiate Safeguard Investigations pursuant to the following International Agreement and the Control of Goods Act:

(a) COMESA Article 61 -

(b) SADC Trade Article 20 -

(d) WTO Protocol on Accession (China) -

2. IDENTIFICATION OF THE APPLICANT

(a) Name: ................................................................................

(b) Postal address: .....................................................................................................................

.......................................................................................

(d) Telephone No: .......................................................................................

(e) Fax: .......................................................................................

(f) E-mail address: .......................................................................................

2.1 (b) Name (s) of the applicant's authorised officer or legal representative for purposes of the safeguard investigation.

(a) Name: .......................................................................................

(b) Designation .......................................................................................

(d) Physical Address: .......................................................................................

(e) Telephone No: .......................................................................................

(f) Fax No: .......................................................................................

E-mail: ...............................................................................................

a. Mention your accounting year (e.g. July 2001 â€“ June 2004)

(Please attach the balance sheets of the last three years and the list of directors)

...............................................................................................................

..............................................................................................................

...............................................................................................................

3. IDENTIFICATION OF DOMESTIC INDUSTRY

3.1 List details of all domestic producers (including the applicant) of the like product in the table below:

Table I

DOMESTIC PRODUCERS OF THE LIKE PRODUCT

No.	Name	Tel	Fax	Authorised Officer	Quantity of the Like Product (During Last 1 year)	Sales Value in K(000)	Share in Domestic Production	Supporting/Opposing the Application
					Produced sold		Quantity/age %

*Note:

"domestic industry" meansâ€“

(a) the producers as a whole of a product within the Republic which are like or directly competitive with the investigated product; or

(b) producers operating within the Republic whose Collective output of products which are like or directly competitive with the investigated product constitute a major proportion of local domestic production of those products.

"domestic producers" meansâ€“

Producers, operating within the Republic of the like or directly competitive products to the investigated product.

3.2 Provide details of an industrial association (if any) including producers of the domestic like product.

3.3 Describe any known relationship the interested party (s) to this application may have with the foreign exporter or producer, or with a Zambian importer of the product under consideration.

4. IDENTIFICATION OF PROJECT

The investigation can be initiated only if the domestic industry is producing a product, which is a like product, or directly competitive product to the imported product.

"Like product" meansâ€“

A product which is alike all respects to the investigated product or, in the absence of such a product, a directly competitive products, although not alike in all respects, has characteristics closely resembling those of the investigative product.

Using the factors listed below, describe both the domestic product as well as the investigated product in sufficient detail for proper comparison and understanding of the products.

4.1 Domestic Product

(a) Complete description of the product

(b) HS Code...................................................................................................

(d) Specific grade/type/model

(e) Major uses

(f) Is the imported product exactly the same as the domestic product?

(g) If there are any differences between the imported product and the domestic product,
please describe the below in detail.

(h) Do you have any further comments on the information given above that will assist the Investigations Committee understand the nature of the imported product and the difference between the imported product and the domestic like product? If so state them below:

4.2 Details of Imported Product

(a) Complete description of the product

(b) HS Code

(d) Specific grade/type/model

(e) Major uses

....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

4.3 Are there any major differences between the product complained against and any other product imported from different sources? If so, describe the differences in detail.

5. IDENTIFICATION OF IMPORTERS

5.1 Please provide details of producers/exporters who are producing/exporting imported product in the table below:

TABLE II

FOREIGN PRODUCERS/EXPORTERS OF THE IMPORTED PRODUCT

Name	Producer/Exporter	Country	Address	Telephone No.	Fax	E-mail

6. IDENTIFICATION OF IMPORTERS

6.1 Provide details of importers of the investigated product in the table below:

Table III

IMPORTERS OF THE IMPORTED PRODUCT

Name	Producer/Exporter	Country	Address	Telephone No.	Fax	E-mail

7. INFORMATION ON IMPORTS

7.1 The information on imports is required to be submitted for the three most recently fiscal year preceding the request and any more recent partial data by country or origin. Such information should be provided in the format give in Annex 1. The country-wise analysis of this information should be provided in Annex II.

7.2 Please provide data on imports to domestic production of like product in Annex III.

8. DETERMINATION OF SERIOUS INJURY, THREAT OF SERIOUS INJURY, SERIOUS DISTURBANCE OR MARKET DISRUPTION

8.1 For the determination of serious injury, threat of serious injury, serious disturbance or market disruption to the domestic industry a number of factors need to be assessed, which include volume of domestic production, its market share, cost to production for the domestic product etc. Give details of the serious injury or threat of serious injury in the table below.

Table IV

MARKET SHARE OF THE DOMESTIC INDUSTRY

Year	Total Domestic Production	Total Imports Market of Production	Share Increase	/(Decrease) in Market Share Domestic
Domestic	Imports

8.2 Provide detailed comments on increase/decrease in market share of domestic industry specially how it can be attributed to increase in imports either in absolute terms or relative to domestic production.

8.3 Cost of production and sell price

Give details of cost production of domestic product and sell price in the table below:

Table V

COST OF PRODUCTION AND SELL PRICE

Current Year	Last Year	The year	Before Last*
Raw material cost net of inventory
Adjustment
Packing material cost
Manufacturing salaries and wages
Manufacturing overheads
Stores, spares/supplies
Electricity
Gas/fuel Gas/fuel
Repair and maintenance
Depreciation
Misc/other expenses
Inventory adjustment of semi finished goods
Less Income of by-products
(a) Cost of goods manufactured (1 to 6)
(b) Quantity of goods adjusted (Tonne. Lit no. etc)
(a) Manufacturing cost of goods sold (7 + or -8)
(b) Quantity of goods adjusted (Tonne. Lit no. etc)
Administrative expenses
Selling and distribution expenses
Financial expenses
Less other income (indicate nature)
Cost to make and sell (9 to 13)
Profit/(loss) 16 â€“ 4
Exfactory sales (net of discount/commission) excluding taxes/ (duties
VAT (applicable Percentage
Excise duty (applicable percentage)
Exfactory sales including taxes/duties (16 to 18)
Wholesalers profit/commission
Any form of direct taxes (presumptive, withholding tax etc)
Wholesales price including all taxes
Retails profit/commission
Retail price including all taxes

Note: Information should be provided as per the report of audited accounts. If the applicant is producing more than one product, the information above should be provided separately for each like product.

8.4 Provide the changes in capacity Utilisation of domestic industry over the last three years in the table below:

Table VI

CAPACITY UTILISATION OF THE DOMESTIC INDUSTRY

Installed capacity	Year ____	Year ____	Year _____	Current year ___
Domestic production
Total domestic demand

8.5 Please indicate changes in production and sales of the domestic industry in the table below:

Table VII

PRODUCTION AND SALES OF LIKE PRODUCT BY THE DOMESTIC INDUSTRY

Domestic Quantity	Production	Sales of the Product
Quantity	Value	Increase	(Decrease)
Year Quarter I
Quarter II
Quarter III
Quarter IV
Quarter I
Year Quarter I
Quarter II
Quarter III
Quarter IV
Year Quarter I
Quarter II
Quarter III
Quarter IV
Current Year Quarter I
Quarter II
Quarter III
Quarter IV

8.6 The status of the profits and losses of industry should be provided in the following table:

Table VIII

(a) PROFIT AND LOSS

	Profit/ (Loss)
	Total	Per Unit
Year ..........
Year ..........
Year ...........
Current Year...........

8.7 Please describe the condition of the domestic industry, referring to profits, sales, production, capacity utilisation, employment or any other objective measures of IS condition. Describe changes in the relevant indicators over the three most recent fiscal years, with special reference to the situation before and after the start of the alleged serious injury, serious disturbance or market disruption.

(b) INDUSTRIAL INDICATIONS

Please provide quantitative indicators in the table below:

Table IX

No.	Particulars	Year___	Year __	Year ___	Current Year___
1.	Price per unit of imported product
2.	Volume of import
3.	Price per unit product
4.	Domestic sales of like product of domestic industry
5.	Employment in domestic industry
6.	Market share of domestic industry versus import

8.8 Please provide information on employment levels in the industry in the table below:

Table X

EMPLOYMENT POSITION

		Number of Employees
Unskilled	Skilled	Managerial
Year____
	Quarter I
	Quarter II
	Quarter III
	Quarter IV
Year____
	Quarter I
	Quarter II
	Quarter III
	Quarter IV
Year____
	Quarter I
	Quarter II
	Quarter III
	Quarter IV
Current year___
	Quarter I
	Quarter II
	Quarter III
	Quarter IV

8.9 Please indicate factors other than increased imports and that might have caused serious injury, serious disturbance or market disruption. Please support your comments with available evidence.

9. THREAT OF SERIOUS INJURY

If your industry is threatened by serious injury from imports of the product under investigation, please provide details. Specifically explain all relevant factors.

10. CAUSE OF SERIOUS INJURY, THREAT OF SERIOUS INJURY, SERIOUS DISTURBANCE OR MARKET DISRUPTION TO THE DOMESTIC INDUSTRY

Please provide an explanation of why it is believed that serious injury, threat of serious injury, serious disturbance or market disturbance exist.

11. UNFORSEEN DEVELOPMENT

(To be completed by applications made pursuant to WTO safeguards Agreement)

11.1 The law also requires that the increase in imports should be a result of unforeseen developments. Please comment on these aspects with the help of data and evidence.

12. RELIEF REQUESTED

12.1 Please describe the safeguard measure requested including the type (tariff or Quota), proposed quantum of tariff and proposed duration. If the period requested is longer than one year, please provide information regarding the progressive liberation of the safeguard measure.

13. ADJUSTMENT PLAN

13.1 Please explain the steps to be taken by the domestic industry during the period in which any safeguard measure may be imposed. (Note: A plan for adjusting the domestic industry to competition from imports that will follow at the end of the relief period must be submitted by the end of the safeguard investigations, if conducted such a plan should refer to any policy of the republic to facilitate adjustment).

14. PROVISIONAL SAFEGUARD MEASURE

14.1 Please state if you are requesting that a provisional safeguard measure be put in place.

14.2 If a provisional safeguard measure is requested, please provide information regarding critical circumstances, i.e. explain how any delay in taking action may cause serious injury/disturbance to the domestic industry that may be difficult to repair.

14.3 Please indicate the proposed level of tariff increase as a provisional measure.

ANNEX I

IMPORT TREND OF THE INVESTIGATED PRODUCT

Qty: Units/Nos. etc Value:

Period	Quarter I	Quarter II	Quarter III	Quarter IV	Total	Total
Year__
Name of Country	Qty	Value	Qty	Value	Qty	Value	Qty	Val	Qty	Val
A
B
C
D
Sub total
Year___
Name of Country
A
B
C
D
Sub total
A
B
C
D
Sub total
Current year___
Name of Country
A
B
C
D
Sub total

Source:

ANNEX IIA

ANALYSIS OF THE IMPORTS FOR QUARTER I AND II

Year

Quarter 1

Quarter II

Qty

Val

Increase/ (Decrease) over previous year

Increase/ (Decrease) over same previous year

Qty

Val

Increase/ (Decrease) over previous quarter

Increase/(Decrease) over same previous year

Country Name

Qty

Val

Qty

Val

Qty

Val

Qty

Val

1999-00

2000-01

2001-02

Current Year

Country Name

1999-00

2000-01

2001-02

Current Year

Country Name

1999-00

2000-01

2001-02

Current Year

Source:

ANNEX IIB

ANALYSIS OF THE IMPORTS FOR QUARTER III AND IV

Year

Quarter I

Quarter II

Qty

Val

Increase/ (Decrease) over previous year

Increase/ (Decrease) over same previous year

Qty

Val

Increase/ (Decrease) over previous quarter

Increase/

(Decrease) over

same previous year

Country Name

Qty

Val

Qty

Val

Qty

Val

Qty

Val

1999-00

2000-01

2001-02

Current Year

Country Name

1999-00

2000-01

2001-02

Current Year

Country Name

1999-00

2000-01

2001-02

Current Year

Source:

ANNEX III

COMPARISON OF DOMESTIC LIKE PRODUCT AND IMPORTED PRODUCT

		Total Imports(Qty)	Domestic Production(Qty)	Imports as percent domestic Production	Increase in imports over previous quarter
Period					Absolute	Relative to Domestic Production
Year ____	Quarter I
	Quarter II
	Quarter III
	Quarter IV
Year ____	Quarter I
	Quarter II
	Quarter III
	Quarter IV
Year _____	Quarter I
	Quarter II
	Quarter III
	Quarter IV
Current Year ____	Quarter I
	Quarter II
	Quarter III
	Quarter IV

Source:

DECLARATION

I/we hereby request that the Minister to initiate an investigation in accordance with the Control of Goods Act CAP 421, as amended by Act No. 12 of 2004, Customs and Excise Act as amended by Act No. 11 of 2004 and the accompanying Regulations, in respect of the product identified at paragraph 3 of this application form for the imposition of appropriate safeguard measure(s).

The evidence submitted includes all that is available to me/us in relation to the information referred to in the relevant Acts and Regulations cited above Control of Goods Act.

This application is submitted by or on behalf of the domestic industry.

I/we believe that the information contained in this application is adequate and accurate to the best of my/our knowledge and belief. I understand that any omission or misinformation concerning my application accordance with the relevant International agreement and laws of Zambia may invalidate my application or result in its rejection.

Signature:..............................................................................................................................................

Applicant name (s):...............................................................................................................................

Title/Position:.........................................................................................................................................

Address (es):........................................................................................................................................

.................................................................................................................................................................

Date:.........................................................................................................................................................

Notes:

1. The form should be completed in full and where space is inadequate, attachments should be made. The applicant is required to submit the application form in duplicate to the Minister of Commerce, Trade and Industry.

2. Any confidential information should be clearly marked "CONFIDENTIAL".

3. The completed application is required to be submitted to:

The Permanent Secretary

The Ministry of Commerce, Trade and Industry

P.O. Box 31968

LUSAKA

4. The application form should be accompanied by a letter addressed to the Permanent Secretary of the Ministry of Commerce, Trade and Industry, describing the desired action.

CONTROL OF GOODS (IMPORT AND EXPORT) (COMMERCE) (PROHIBITION OF EXPORT) ORDER

[Regulation 3]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Paragraphs

Paragraph

2. Prohibition of exportation of scrap metal

3. Offence and penalty

4. Revocation of S.I. No. 64 of 2011

SI 102 of 2011.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Commerce) (Prohibition of Export) Order, 2011.

2. Prohibition of exportation of scrap metal

(1) All scrap metal is banned from exportation out of the Republic.

(2) A permit or licence issued for the exportation of scrap metal is hereby revoked.

3. Offence and penalty

(1) A person shall not export out of the Republic scrap mental that is banned from exportation under paragraph 2.

(2) A person who contravenes sub-paragraph (1) commits an offence and is liable, upon conviction, to a fine not exceeding one million five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.

(3) The court may, upon the conviction of an offender under sub-paragraph (2) order that the scrap metal which is the subject matter of the offence be forfeited to the State.

4. Revocation of S.I. No. 64 of 2011

The Control of Goods (Import and Export) (Commerce) (Prohibition of Export) Order, 2011, is hereby revoked.

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) REGULATIONS

[Regulation 3]

2. Revocation of S.I. No 40 of 2011

SI 134 of 2011

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) (Revocation) Order, 2011.

2. Revocation of S.I. No 40 of 2011

This Control of Goods (Import and Export) (Agriculture) (Prohibition of Importation) Order, 2011, is hereby revoked.

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF EXPORTATION) (REVOCATION) ORDER

[Regulation 3]

Arrangement of Paragraphs

Paragraph

2. Revocation of S.I No. 36 of 2012

SI 67 of 2012.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation) (Revocation) Order, 2012.

2. Revocation of S.I No. 36 of 2012

The Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation) Order, 2012, is hereby revoked.

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF EXPORTATION) (REVOCATION) ORDER

[Section 3]

Arrangement of Paragraphs

Parargaph

2. Revocation of S.I. No. 85 of 2013

SI 35 of 2014.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation) (Revocation) Order, 2014.

2. Revocation of S.I. No. 85 of 2013

The Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation) Order, 2013, is revoked.

CONTROL OF GOODS (LOCAL MANUFACTURING AND IMPORTATION OF INCANDESCENT BULBS AND ENERGY INEFFICIENT LIGHTING DEVICES) (PROHIBITION) REGULATIONS

[Section 3]

Arrangement of Regulations

Regulation

2. Prohibition of manufacturing, importation and sale of bulbs and devices

3. Exceptions

SI 74 of 2016.

1. Title

These Regulations may be cited as the Control of Goods (Local Manufacturing and Importation of Incandescent Bulbs and Energy Inefficient Lighting Devices) (Prohibition) Regulations, 2016.

2. Prohibition of manufacturing, importation and sale of bulbs and devices

(1) The manufacturing and importation of the goods specified in the Schedule is prohibited from the dates specified in that Schedule.

(2) The sale of the goods specified in the Schedule is prohibited from 30th June, 2017.

(3) The ban on incandescent bulbs shall apply to all lighting appliances.

3. Exceptions

These Regulations do not apply to specialised lighting equipment for specified uses, where no other lighting equipment is available, including-

(a) infra-red lamps for chicken brooding;

(b) lighting equipment for experimental and research purposes;

(d) automobile lighting.

SCHEDULE

[Regulation 2]

SPECIFIED GOODS

No.

Description of Goods

Date

All incandescent bulbs for indoor and outdoor
lighting for public and private buildings

1st January, 2017

All incandescent bulbs for industrial application

31st December, 2017

CONTROL OF GOODS (IMPORT AND EXPORT) (FOREST PRODUCE) REGULATIONS

[Sections 3 and 6]

Arrangement of Regulations

Regulation

3. Delegation of powers and duties

4. Penalties

SI 27 of 2017.

1. Title

These Regulations may be cited as the Control of Goods (Import and Export) (Forest Produce) Regulations, 2017.

2. Interpretation

In these Regulations, unless the context otherwise requires-

"controlled goods" means the goods specified in the Schedule or any class of such goods, the import into or export from the Republic of Zambia of which is prohibited, restricted or otherwise controlled by an order made under regulation 3.

3. Delegation of powers and duties

(2) Without limiting the generality of the powers conferred by sub-regulation (1), an order made under this regulation-

(a) prescribe the terms and conditions subject to which controlled goods or any class of such goods may be imported into or exported from the Republic of Zambia;

(b) provide for empowering such person as may be prescribed by the order-

(i) to issue permits authorising, to such extent as may be prescribed by the order, the import into or the export from the Republic of Zambia of any controlled goods or any class of such goods;

(iii) to revoke any such permit issued by that person in such circumstances and in such manner as may be prescribed by the order.

4. Penalties

(1) A person who contravenes these Regulations or an order made under these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding one million five hundred thousand penalty units or to a term of imprisonment not exceeding five years, or to both.

(2) The court may order that the commodity or goods that are the subject of the contravention in respect of which a person is convicted under sub-regulation (1) be forfeited to the State.

SCHEDULE

[Regulations 2 and 3]

SPECIFIED GOODS

1. Afzelia quanzensis logs (Mupapa)

2. Albizia spp. logs (Musase)

3. Bikiaea plurijuga logs (Mukusi)

4. Brachstegia spp. logs (Miombo)

5. Colophospermum mopane logs (Mopane)

6. Combretum spp. logs (Mulama)

7. Dalbergia spp. logs (Kafundula)

8. Entandrophragma delevoyi logs (Mofu)

9. Erythrophleurn africanum logs (Kayimbi)

10. Faurea saligna logs (Saninga)

11. Guibourtia coleosperma logs (Muzauli)

12. Khaya anthoteca logs (Mululu)

13. Mitragyna spinosa logs (Mupa)

14. Pericopsis angolensis logs (Mubanga)

15. Pterocarpus angolensis logs (Mukwa)

16. Pterocarpus chrysothrix logs (Mukula)

17. Bobgunnia madagascariensis logs (Ndale)

CONTROL OF GOODS (IMPORT AND EXPORT) (FOREST PRODUCE) (PROHIBITION OF IMPORTATION) ORDER

[Regulation 3]

Arrangement of Paragraphs

Paragraph

3. Prohibition of importation of certain goods

SI 31 of 2017.

1. Title

This Order may be cited as the Control of Goods (Import and Export) (Forest Produce) (Prohibition of Importation) Order, 2017.

2. Interpretation

In this Order, unless the context otherwise requires "importation" includes transit through Zambia of the goods specified in the Schedule.

3. Prohibition of importation of certain goods

(1) The importation of the goods specified in the Schedule is banned from the date of publication of this Order.

(2) This Order does not apply to electricity transmission poles.

(3) A permit issued for the importation of the goods specified in the Schedule is revoked.

SCHEDULE

[Paragraph 3]

SPECIFIED GOODS

1. Afzelia quanzensis logs (Mupapa)

2. Albizia spp. logs (Musase)

3. Bikiaea plurijuga logs (Mukusi)

4. Brachstegia spp. logs (Miombo)

5. Colophospermum mopane logs (Mopane)

6. Combretum spp. logs (Mulama)

7. Dalbergia spp. logs (Kafundula)

8. Entandrophragma delevoyi logs (Mofu)

9. Erythrophleum africanum logs (Kayimbi)

10. Faurea saligna logs (Saninga)

11. Guibourtia coleosperma logs (Muzauli)

12. Khaya anthoteca logs (Mululu)

13. Mitragyna spinosa logs (Mupa)

14. Pericopsis angolensis logs (Mubanga)

15. Pterocarpus angolensis logs (Mukwa)

16. Pterocarpus chrysothrix logs (Mukula)

17. Bobgunnia madagascariensis logs (Ndale)

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF EXPORTATION OF HIDES AND SKINS) (REVOCATION) ORDER

[Regulation 3]

Arrangement of Paragraphs

Paragraph

2. Revocation of S.I. No. 125 of 2003

SI 78 of 2018.

1. Title

These Regulations may be cited as the Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation of Hides and Skins) (Revocation) Order, 2018.

2. Revocation of S.I. No. 125 of 2003

The Control of Goods (Import and Export) (Agriculture) (Prohibition of Exportation of Hides and Skins) Order, 2003, is revoked.

CONTROL OF GOODS (IMPORT AND EXPORT) (AGRICULTURE) (PROHIBITION OF EXPORT) ORDER

[Section 3]

Arrangement of Paragraphs

Paragraph

3. Prohibition of export of certain commodities and goods

4. Revocation of permits

5. Restriction of movement of goods

6. Conveyance to use territorial main road or inter-territorial main road

7. Inspection

8. Seizure of property

9. Offence and penalty