Customs Administrations Needs and Challenges Analysis Report

are additional areas of concern78 which are not directly under the control of the Customs
Authority at National level, however, which could continue to negatively impact
implementation.

NB!! Keep in mind that the survey was conducted prior to the implementation date of the
1st of January 2021 and several of the outcomes may thus have changed in the interim.

Whilst the study identified Capacity Building as a major obstacle in successful
implementation, it does not fully address the scope or drill-down of all Capacity Building
related dynamics and associated criteria79. However, it specifically addresses the broad scope
of needs and challenges, for Customs Administrations in the implementation of the AfCFTA.
It further addresses the Capacity of Customs Leaders to ensure their competency in Change
Management, through provision of the AUC Module providing Strategic Leadership,
specifically directed at the implementation of the AfCFTA.

The content of this report should be utilised by all Customs Administrations on the continent,
as a tool to regularly measure their own readiness, compliance, and sustainability towards
successful AfCFTA implementation.

Finally, challenges as cited, despite appearing negative, should be viewed in a positive light
through a climate of resolving same towards the ultimate goal of achieving Customs Capacity
and Professional Standards for all African Customs Administrations, whilst implementing the
AfCFTA Agreement.

Summit. The date for the Extraordinary Summit is not known yet for implementation. After implementation, each
country should amend their Customs and Excise Acts to domesticate the Tariff offers, trading documents and so forth.
78 Modalities are not reflected anywhere in the AfCFTA. This is also a landscape that requires compliant focus to submit
Tariff Concessions to implement the AfCFTA. By way of example - Based on the consultations, by Nigeria, on 21st
September 2017, on the margins of UNGA-72, in New York, a compromise accommodation was proposed to be accorded
to the Group of Seven (G-7) countries to provide for their vulnerabilities and special needs with respect to Tariff
liberalization in the CFTA, over a defined Transitional period. To account for the special needs of these countries, and
without prejudice to the agreed 90% level of ambition, these special needs countries are to begin the process of
Liberalisation, exceptionally, from a starting level of ambition of 85 percent. This means that instead of liberalising 90
percent in 10 years they will instead liberalise only 85 percent of Imports over the 10-year timeframe. These
Liberalisation commitments are to be subject to the same process of Tariff phase-down as is agreed to be applied to the
Liberalisation commitments of all non-special-needs countries, i.e., Linear Approach. Thus, Traders will need to have
assistance in interpretation of Trade Offers, and exclusions and phasing in dynamics, in order to identify and secure Trade
opportunities.
79 This is covered in significant detail in the GFA report and by some associated recommendations contained in this report.

101 | P a g e

V2 2021

8. List of Annexures.

Annexure 1 - Webinar Attendance Register 29 October 2020

Annexure 2 - Webinar Attendance Register 8 March 2021

Annexure 3 - Copy of GIZ/AUC Contractor Questionnaire Survey circulated to Customs
Administrations.

Annexure 4 - References in the AfCFTA Agreement, Protocol on Trade, and the Annexes
thereto, for the Customs Administration to take note of for implementation
planning.

Annexure 5 - Glossary of Terms and Abbreviations.

Annexure 6 - Bibliography of Readings & Research Sources.

Annexure 7 - Updated Modalities and detail of 21 Sep 2017 G7 Compromise for special
needs.

102 | P a g e

V2 2021

ANNEXURE 1 - AfCFTA webinar Attendance Register 29 October 2020

First name Last name Job title Your Organisation City Country
NAIMA Angola
Nanizeidio COELHO TECHNICAL OFFICER LUANDA Angola
Jandira Eduardo Economist Angola
Wilbert Pinto Inspection Technician AGT-Angola Customs Luanda Angola
Salero Assunção Angola
Numa Customs Officer AGT-Angola Luanda
Emílcia Technician Angola
Mate Administração Geral
Altair Técnica Superior | Tax Angola
Lopo Marta and Custom Techinician Tribuária Luanda Angola
Afonso Coordinator of Technical Angola
Opinions and Angola Tax Administration Lobito
Unami International Treaties at Botswana
Maxamed Study Center Administração Geral Canada
SAID HAMZA Comoros
said Hamza Tributária| Angola Custom Comoros
Said Hamza Comoros
Authority Luanda

Angolan Tax Revenue Luanda
Administration

Santos Senior Tax Technician Angola Tax Authority (AGT) Luanda
Filipe Head of Department Customs Administration Luanda

Principal Customs Officer-

Tlhole Regional Relations Gaborone

Osso Supervisor, Domestic Mogadishu
Youssouf Moroni
Revenue Mobilization
Youssouf Moroni
Youssouf Advisor Moroni

Advisor to the Director General Directorat of

GAdevniesroarltoftChuesDtiormecstor GCuesnteormalsDirectorat of

General of Customs Customs

Gugu Zwane Dlamini-Zwane Customs Mordenisation Ezulwini Eswatini
Reform and Int. Liaison
Eswatini
ZAMOKUHLE DLAMINI DIRECTOR CUSTOMS EZULWINI
LEGISLATIVE (ORIGIN, ESWATINI REVENUE Ethiopia
TARIFF AND VALUATION) AUTHORITY Kenya
Kenya
Abebe Azezew Chane Deputy Commissioner, Ethiopian Customs Addis Ababa Kenya
Pamela Ahago Customs Operation Commission Lesotho
Pamela Ahago Division Madagascar
Pamela Ahago Malawi
Tseko Nyesemane Commissioner of NAIROBI
RASOARIMANGA Volana Lalaina J. Customs Malawi
Fatch Valeta
Commissioner of Kenya Revenue Authority NAIROBI Malawi
Customs Mauritius
Mozambique
Commissioner of Kenya Revenue Authority NAIROBI
Customs

Deputy Commissioner -

Customs Lesotho Revenue Authority Maseru

Chef de Division Malagasy Customs ANTANANARIVE
Departement

Commissioner, Customs

and Excise Malawi Revenue Authority Blantyre

Chimwemwe Kawalewale Acting Deputy Malawi Revenue Authority Blantyre
Commissioner,
Facilitation

Fred Mpeusa Acting Deputy Malawi Revenue Authority Blantyre
Vikash Rampadaruth Commissioner,
Operations
LUDOVINA DE MANUEL
Team Leader New Grove

ASSISTANT TO THE MOZAMBIQUE REVENUE
DIRECTOR GENERAL
AUTHORITY MAPUTO

Susan Beukes Namibia Customs windhoek Namibia
boniface sheyavali windhoek Namibia
boniface sheyavali customs officer ministry of finance windhoek Namibia
UWAMARIYA ROSINE KIGALI Rwanda
customs officer ministry of finance
PAUL BARRACK VICTORIA Seychelles
COMMISSIONER FOR
SANDRA LAURENCE CUSTOMS SERVICES VICTORIA Seychelles
Jafar Ahmed Mogadishu Somalia
Palesa Moitse COMMISSIONER OF SEYCHELLES REVENUE Pretoria South Africa
Adribert Tutuba CUSTOMS COMMISSION - CUSTOMS Dar es Salaam Tanzania
DIVISION
ALEXANDER RUBANGA KAMPALA Uganda
ABEL KAGUMIRE SEYCHELLES REVENUE KAMPALA Uganda
Veronica Zuze Harare Zimbabwe
Faith Mazani Ag. DIRECTOR SEAPORT COMMISSION - CUSTOMS Harare Zimbabwe
Jephat MUJURU Harare Zimbabwe
Veronica Zuze COMPLIANCE DIVISION Harare Zimbabwe

Director General-
Revenue

Senior Specialist SARS
International Trade

Tanzania Revenue
Principal Customs Officer Authority

SUPERVISOR CUSTOMS -
INTERNATIONAL
AFFAIRS

COMMISSIONER
CUSTOMS

Manager Origin &
Rebates

Zimbabwe Revenue
Commissioner General Authority

Zimbabwe Revenue
Head Technical Services Authority

Manager Origin & ZIMRA
Rebates

Adrian Swarres Head Compliance Zimbabwe Revenue Harare Zimbabwe
Authority Harare Zimbabwe
Silvia Chauke Risk Manager Zimbabwe Revenue MUTARE Zimbabwe
Regional Manager Authority Harare Zimbabwe
Tichaona Phiri Customs Harare Zimbabwe
Head Transit ZIMRA
Alick Mubvuviwa Mutandiro Management Zimbabwe Revenue
Head Technical Services Authority
Jephat Mujuru and Risk Zimbabwe Revenue
Azizew Chanie Abebe Deputy Commissioner Authority

ANNEXURE 2 - AfCFTA Webinar Attendance Register 08 March 2021

First name Last name Job title Your Organisation City Country
Botswana
THEMBANI SIMON MANGUBA SENIOR CUSTOMS BOTSWANA UNIFIED GABORONE Botswana
Unami Tlhole OFFICER REVENUE SERVICE Botswana
LENYATSO GOITSEONE Botswana
MOTLALENG DIKELEDI Principal Customs Officer- Botswana Unified Revenue Gaborone Botswana
GOITSEONE LENYATSO Botswana
THEMBANI SIMON MANGUBA Regional Relations Services Burundi
JEAN DAMASCENE BIZIMANA
SCO-EXTERNAL RELATIONS BOTSWANA UNIFIED GABORONE Burundi
REVENUE SERVICE Burundi

PRINCIPAL CUSTOMS BOTSWANA UNIFIED GABORONE Burundi
OFFICER REVENUE SERVICE Burundi
Ethiopia
SENIOR CUSTOMS BOTSWANA UNIFIED GABORONE
OFFICER REVENUE SERVICE

SENIOR CUSTOMS BOTSWANA UNIFIED GABORONE
OFFICER REVENUE SERVICE

HEAD OF RISK BURUNDI REVENUE BUJUMBURA

MANAGEMENT AND POST AUTHORITY(OBR)

CLEARANCE AUDIT

ADOLPHE MANIRAKIZA Commissaire des Douanes Office Burundais des Bujumbura
Nkurunziza Félix
et Accises Recettes

Director, Customs Office Burundais des Bujumbura
Programmes and Recettes
Monitoring

Rurimbuka Sébastien Director, Customs Services Office Burundais des Bujumbura

and E-Business Recettes

NDAYIKENGURUKIYE Christophe Customs Programmes Office Burundais des Bujumbura
Officer Recettes

Luisenda Andrade Officer Customs Africa Union Addis Ababa
Cooperation Divison

Getu Almaw Tariff Clasdification and Ethiopian Customs Addis Ababa Ethiopia
Larry Liza Rhles of Origin Director Commission Kenya

Director World Customs Nairobi

Organization, East and

Southern Africa, Regional

Office for Capacity Building

Fred Mugambi Mwirigi Commissioner, KESRA Kenya Revenue Authority Nairobi Kenya
Bernard Baimwera Dean of Studies, KESRA Kenya Revenue Authority Nairobi Kenya
Shivani Patel Rules of Origin Subject Kenya Revenue Authority Mombasa Kenya
Matter Expert
Latifa Said Rules of Origin Subject Kenya Revenue Authority Nairobi Kenya
Matter Expert
Faith Mathenge Rules of Origin Subject Kenya Revenue Authority Mombasa Kenya
Matter Expert
Nancy Ng'etich Chief Manager Kenya Revenue Authority NAIROBI Kenya
Pamela Ahago Ag. Commissioner, Kenya Revenue Authority NAIROBI Kenya
Customs & Border Control
Mathabo Mokoko Department Lesotho Revenue Authority Maseru Lesotho
Commissioner Operation
Tseko Nyesemane Support Lesotho Revenue Authority Maseru Lesotho
Deputy Commissioner
LAINGO HAMY RANDIMBY Customs GENERAL DIRECTORATE OF ANTANANARIVO Madagascar
Research Officer in Origin CUSTOMS
Laingo Hamy RANDIMBY Division
Customs officer General Directorate of Antananarivo Madagascar
Chimwemwe Kawalewale Customs
Acting Deputy
Commissioner Customs Malawi Revenue Authority Blantyre Malawi

RAMPADARUTH Vikash Kumar singh Team Leader Mauritius Revenue Port Louis Mauritius
Susan Beukes Authority Namibia
Mwumvaneza Felicien Rwanda
UMURERWA MARIE JEANNE Deputy Director Namibia Customs and Windhoek Rwanda
Paul Barrack Excise Seychelles
Sandra Laurence Seychelles
Maxamed Osso Commissioner for Customs Rwanda Revenue Authority Kigali Somalia
PMT MOITSE Services South Africa
Alfred Ramoroka South Africa
Alfred Ramoroka SENIOR RULES OF ORIGIN RWANDA- CUSTOMS KIGALI South Africa
ALEXANDER RUBANGA Uganda
Kwegyer Msimuko OFFICER DEPARTMENT Zambia
Beatrice Kachinda Zambia
Veronica Zuze Commissioner of Customs Seychelles Revenue Victoria Zimbabwe
ALICE NYAMUGAMA Commission Zimbabwe

LILLIAN MUSARANDEGA Acting Director Seaport Seychelles Revenue Victoria Zimbabwe
Compliance Commission

DRM Supervisor Ministry of Finance Mogadishu
Somalia

Senior Specialist: South African revenue Pretoria
International Trade Service

Manager: Rules of Origin SARS Pretoria

Manager: Rules of Origin SARS Pretoria

MANAGER TARIFFS - UGANDA REVENUE KAMPALA

CUSTOMS DEPARTMENT AUTHORITY

Deputy Commissioner Zambia Revenue Authority Lusaka

Assistant Commissioner- Zambia Revenue Authority Lusaka
International and Policy

Manager Origin & ZIMRA Harare
Rebates

HEAD TALENT AND ZIMBABWE REVENUE HARARE
ORGANISATIONAL AUTHORITY
DEVELOPMENT

TRAINING MANAGER - ZIMBABWE REVENUE HARARE
CUSTOMS AUTHORITY

Adrian Swarres Head Compliance Zimbabwe Revenue Harare Zimbabwe
Veronica Zuze Authority Harare Zimbabwe
Manager Origin &
Rebates ZIMRA

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ANNEXURE 3 - AfCFTA Electronic Needs Analysis Questionnaire 5 Nov 2020

Respondent 2 Time to complete: 02:17

PART A: YOUR INFORMATION 0 / 0 pts
Auto-graded
This Survey was completed by?

1. Name & Surname:

Test

2. Your Title/Position: 0 / 0 pts
Auto-graded
Test

3. Your Country: 0 / 0 pts
Auto-graded
Test

4. Name of your Customs Administration: 0 / 0 pts
Auto-graded
Test

5. Your E-Mail Address: 0 / 0 pts
Auto-graded
Test

6. Your Telephone Number: 0 / 0 pts
Auto-graded
Test

7. Your Mobile Number: 0 / 0 pts
Auto-graded
Test

8. Date: 0 / 0 pts
Auto-graded
11/5/2020

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PART B: GENERAL (G) 0 / 0 pts
Auto-graded
9. G1. Is your organisation familiar with the GIZ Systemic
Change Leadership Programme (SCLP) and have you
ever used this training material to date?

Yes
No
Dont Know

10. G2. Is your Administration aware if your Trade Authority, 0 / 0 pts
has submitted its final Schedule of tariff concessions Auto-graded
required per Annex 1?

Completed

Still in Progress

Not Completed

11. G3. Has your Administration considered the 0 / 0 pts
appointment of a Senior Official to serve on the Auto-graded
Customs-related Sub-Committees, for example on Trade
Facilitation, transit and the like and is that official familiar
with your customs authority obligations to the AfCFTA ?

Yes

No

Dont Know

12. G4. Does your Administration have an internal 0 / 0 pts
Leadership plan of action and management checklist, Auto-graded
leading up to implementation, for example: updating of
the legislative provisions, publication of rules and
procedures, printing and issuing of certificates etc.?

Concluded

Partly Concluded

Not Concluded

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13. G5. Has your Administration engaged with Trade and 0 / 0 pts
Auto-graded
Private Sector Stakeholders to inform them of Customs

Compliances under the AfCFTA?

Yes

No

Still in Progress

14. G6. With Reference to Annex 2, is your Administration 0 / 0 pts
aware of how to verify the actual Origin compliance Auto-graded
rules, applicable in all other 8 Regional Economic
Communities (REC) example: SADC, COMESA etc?

These rules will be applicable until the AfCFTA rules have been finalised
and published.

Yes

No

Not Sure

15. G7. To which Regional Trade Agreement is your country 0 / 0 pts
a party to? Auto-graded

Please name the Agreement/Agreements, should there be more than
one?

Test

16. G8 (A) Does your Administration make use of the 0 / 0 pts
systems provided by UNCTAD, such as ASYCUDA Auto-graded
systems, etc.?

Yes

No

Do Not Know

17. G8 (B) When will your systems be ready to incorporate 0 / 0 pts
the AfCFTA provisions? Auto-graded

Please provide a date, if you do not know, please proceed to the
following question

11/5/2020

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18. G8 (C) Is your HS Duty Structure available in published 0 / 0 pts
Auto-graded
electronic format?

Yes

No

19. G8 (D) Does your Administration Clearance System 0 / 0 pts
collect Trade Statistics data? Auto-graded

Yes

No

20. G8 (E) If yes, Please indicate which statistical details are 0 / 0 pts
captured? Such as, HS Code, Date, Value, Volume, Auto-graded
Country of Origin.

Test

21. G8 (F) Indicate how regularly the Statistics are published 0 / 0 pts
for public information? Auto-graded

Every year
Every two years
Longer than two years
They are not Published

22. G9 (A) Has your Administration set up specific AfCFTA 0 / 0 pts
future implementation "performance management" Auto-graded
criteria, to monitor operational issues, give feedback etc.,
towards achieving the vision of the AfCFTA Agreement?

Yes

No

Do Not Know

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23. G9 (B) Has your administration appointed mentors to 0 / 0 pts
Auto-graded
assist Operational Branch Leaders?

Yes

No

Do Not Know

24. G10 (A) Has your Customs Administration amended your 0 / 0 pts
existing exporter registration documents to provide for Auto-graded
exporters to the AfCFTA States?

Generally, most Customs Administrations have existing
exporters/producers registered into various categories.

Yes

No

In Progress

25. G10 (B) Will all existing registered exporters, be required 0 / 0 pts
to amend their registration documents, as are currently Auto-graded
lodged with your Customs Authority?

Generally, most Customs Administrations have existing
exporters/producers registered into various categories.

Yes

No

In Progress

26. G11. Regarding Article 2(b) of Annex 3, is your 0 / 0 pts
Administration geared to fully provide, and meet all the Auto-graded
requirements, for Customs Cooperation and Mutual
Administrative Assistance?

Yes

No

In Progress

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27. G12. Is your country a member of a Customs Union? 0 / 0 pts
Auto-graded
Yes

No

Do Not Know

28. G13. Has your Administration provided public "Enquiry 0 / 0 pts
Points" to answer enquiries of State Parties and Traders? Auto-graded

Yes
No
Do Not Know

29. G14. Does your Administration provide for pre-arrival 0 / 0 pts
processing? Auto-graded

Yes

No

30. G15. Does your Authority provide for expedited 0 / 0 pts
measures for perishable goods and medicines? Auto-graded

Yes

No

31. G16. Is your Administration geared to respond to NTBs 0 / 0 pts
as and when alerted, as required by the AfCFTA Auto-graded
Secretariate?

Yes

No

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32. G17. Is your Administration geared to cooperate with 0 / 0 pts
Auto-graded
others in promotion, recognition of AEOs and Exporter

accreditation structures and such programmes?

Yes ONLY AEOs

Yes, Only Exporters

Yes, Both AEOs & Exporters

No

PART C: DEFINITIONS (DEF)

33. DEF1. Has your Trade Authority decided who will be the 0 / 0 pts
“Designated Competent Authority” to issue Certificates Auto-graded
of Origin?

Within the definitions, under Article 1 of Annex 2, Designated Competent
Authorities:

Yes, Our Customs Authority

No

Yes, Another Government Authority

Yes, A Private Sector Entity

PART D: ORIGIN CRITERIA (OC)

34. OC1. Has your administration considered a risk 0 / 0 pts
management methodology to monitor values in order to Auto-graded
safeguard the potential loophole for misuse of the
AfCFTA provision?

Article 19 provides for an Exporter Declaration for an Exporter for any
Consignment consisting of one or more packages containing originating
Products whose total value does not exceed five thousand United States
Dollars (USD5,000).

Yes

No

Not Considered

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35. OC2 (A) Is your organisation aware of, and able to apply, 0 / 0 pts
Auto-graded
all the technical criteria and elements, of the concept of

Originating Products in AfCFTA?

Yes

No

36. OC2 (B) Has your organisation undertaken Operational 0 / 0 pts
Capacity Building in Annex 2, of AfCFTA (Rules of Auto-graded
Origin)?

Yes

No

Do Not Know

37. OC2 (C) Has your Administration considered joint 0 / 0 pts
AfCFTA & Origin training programmes with other Auto-graded
Administrations?

Yes

No

Not Sure

38. OC3. Will your Organisation be in a position to issue a 0 / 0 pts
“New Movement Certificate” for goods moving in and Auto-graded
out of a designated type Special Economic Zone?

Yes

No

Not prepared as yet

39. OC4. Has your Administration considered prevention 0 / 0 pts
and control of products, via third party AfCFTA countries, Auto-graded
or originating from a non-African country, from misusing
the AfCFTA to evade duties (Risk targeting)?

Yes
No
Do Not Know

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40. OC5. Has your Administration provided for penalty 0 / 0 pts
Auto-graded
provisions in Customs legislation to prevent the abuse of

concessions under AfCFTA?

Yes

No

Do Not Know

41. OC6. Will your Administration be in a position to provide 0 / 0 pts
Advance Origin Rulings when required? Auto-graded

Yes

No

PART E: PROOF OF ORIGIN (POO) 0 / 0 pts
Auto-graded
42. POO1. Has your administration made any Customs-to-
Customs or Customs-to-Trader arrangements for the
electronic exchange, receipt and issue of CoO? under
AfCFTA

Yes

No

43. POO2. Has your Administration addressed the 0 / 0 pts
prescribed specifications for Certificates of Origin and Auto-graded
the printing and availability thereof?

Yes

No

44. POO3. Does your authority currently have an electronic 0 / 0 pts
CoO arrangement, or such capacity with any other Auto-graded
country, in an existing RTA (Regional Trade Arrangement)
i.e. COMESA, SADC?

Yes

No

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45. POO4. Has your Authority provided training to Post 0 / 0 pts
Auto-graded
Clearance Audit Teams, on AfCFTA Origin compliances

,to audit and verify compliance?

Yes

No

46. POO5. Has your Authority put all the measures in place 0 / 0 pts
to control AfCFTA consignments which are shipped in Auto-graded
transit via your country??

Yes

No

47. POO6. Has your Authority provided specimen stamps 0 / 0 pts
and signatures to the AfCFTA Secretariate? Auto-graded

Yes

No

48. POO7. Does your Administration currently engage in 0 / 0 pts
"Single Window" cooperation with any other Member Auto-graded
States, and have you considered the cooperation, to
extend to AfCFTA criteria?

Trade Facilitation is also key in implementing the AfCFTA.

Yes

No

49. POO8. Is your Administration ready to provide Advanced 0 / 0 pts
information, as in an automated format? Auto-graded

Yes

No

PART F: ADMINISTRATIVE CONTROLS (AC)

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50. AC1. Are arrangements in place, in your organisation, for 0 / 0 pts
Auto-graded
Mutual Assistance and verifications of Proof of Origin,

Article 35 & 36, read with Article 34.

Yes

No

Still Being Investigated

PART G: TRANSIT (TR) 0 / 0 pts
Auto-graded
51. TR1. Has your Authority developed Standard Operating
Procedures, Guidelines and Manuals for Transit
procedures?

Article 42 (1) (f) provides for the drafting of AfCFTA Rules of Origin
manuals and guidelines which will be required.

Yes

No

In Progress

52. TR2 (A) Is your Administration already familiar with the 0 / 0 pts
issuing of required Certificate confirming the transit Auto-graded
information?

With Reference to Article 30 Para 4 (b):

Yes

No

53. TR2 (B) Are there any duplicating Border Control 0 / 0 pts
Agencies, that could hamper the implementation of the Auto-graded
AfCFTA in your country?

With Reference to Article 30 Para 4 (b):

Yes

No

Not Known

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54. TR2 (C) If yes, who are they? 0 / 0 pts
Auto-graded
Name the agency

Test

55. TR3 (A) What provisions has your Administration put 0 / 0 pts
into place for compliance to this Article for: AfCFTA Auto-graded
Transit document?

Annex 8, Article 6, provides that all transit traffic operations, under cover
of the AfCFTA, shall be under the AfCFTA Transit document and covered
by Customs bond and surety arrangements.

We Have Completed This

Not Sure

In Progress

None

56. TR3 (B) What provisions has your Administration put into 0 / 0 pts
place for compliance to this Article for: Surety or Bonds? Auto-graded

Annex 8, Article 6, provides that all transit traffic operations, under cover
of the AfCFTA, shall be under the AfCFTA Transit document and covered
by Customs bond and surety arrangements.

Concluded

Not Sure

In Progress

None

57. TR4. Has your Authority considered the use of Seals for 0 / 0 pts
Transit traffic? Auto-graded

Yes
No
Not Sure

PART H: CUSTOMS LEADERSHIP (CL)

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58. CL1. In your opinion, what criteria does your Customs 0 / 0 pts
Auto-graded
Administration Leadership consider important, in order

of priority, to implement the AfCFTA? a) Capacity

Building b) Cross-Border cooperation c) Addressing

resistance to Change d) Legislative implementation e)

Implementation monitoring and planning

Indicate below your own order of priority as example e,a,c,b,d or a,c,d,e,b

or d,e,b,a,c

Test

59. CL2. In your opinion, what criteria, in terms of transit 0 / 0 pts
control, does your Administration consider most Auto-graded
important, in order of priority, to implement the AfCFTA?
a) Sealing/UCR b) Trade Facilitation c) Security Cover d)
Mutual cooperation e) Single Window f) Reduction in
costs

Indicate below your own order of priority as example e,f,a,c,b,d or
f,a,c,d,e,b or d,e,b,f,a,c

Test

60. CL3. Which of the following criteria, according to your 0 / 0 pts
internal Senior Management, could negatively impact Auto-graded
the timeous implementation of the AfCFTA?

Multiple answers may be selected

Lack of Budget

Lack of Capacity Building and implementation calibre

Lack of Management Support

Lack of Adequate Systems

Lack of Planning

Information overload

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61. CL4. Has your Administration considered a coaching and 0 / 0 pts
Auto-graded
mentoring strategy to assist internally with the

implementation of AfCFTA?

Yes

No

Not Sure

PART I: ANY OTHER INFORMATION, QUESTIONS, OR CHALLENGES
YOU WISH TO HIGHLIGHT

62. J1. Please use the space below, to indicate any other 0 / 0 pts
Customs-related or Capacity Building requirements or Auto-graded
additional challenges for implementation of the AfCFTA,
that may not have been included in the questions above.
Please number each point

Test

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ANNEXURE 4 TO REPORT

REFERENCES IN THE AfCFTA AGREEMENT, PROTOCOL ON TRADE, AND THE
ANNEXES THERETO, FOR THE CUSTOMS ADMINISTRATION TO TAKE NOTE OF

FOR IMPLEMENTATION PLANNING

AfCFTA SYNOPSIS - IMPLEMENTATION

One of the most striking developments in trade relations in recent years has been the
worldwide proliferation of Regional Agreements under which groups of Countries have
agreed to reduce trade barriers among themselves. By their very nature, such arrangements
favour Imports from Members of the group and discriminate against Imports from other
Countries.

This departure from the MFN principle is permitted by Article XXIV of GATT. Although the
text of Article XXIV is the same under GATT 1994 as under GATT 1947, a Uruguay Round
understanding has clarified several points in the Article that have, in the past, given rise to
difficulties.

The rules of Article XXIV are designed to ensure that countries which form Regional
Agreements, move to genuine Free Trade among themselves and provide adequate
compensation for any damage done to the trade interests of other WTO Members. The rules
distinguish between two technically different forms of arrangement, the Customs Union and
the Free Trade Area as mentioned.

Both involve the removal of trade barriers among their Members, however the Member
Countries of Customs Unions, all charge the same rates of Import duty on Imports from non-
members (Article XXIV8a(ii)), while Members of Free Trade Areas retain their own National
Tariffs.

Article XXIV requires that Customs Unions set their common Import Duties and other
Regulations affecting Imports into the Union at a level not higher or more restrictive on the
whole than the overall level (“General incidence”) of those of the original Members before
the Union was formed (Article XXIV5(a)). Compensation must be provided for any increases
(Article XXIV6).

Various criteria will probably need to be considered for selecting tariff lines to be excluded
from liberalisation. The overall objective of African Countries in conducting this exercise will
probably be to foster their economic development and poverty reduction efforts. Trade
Policy could play a part through its support to the efforts to diversify the productive structures
and support to “Infant-industries” in Sectors with potential growth prospects.

However, fiscal policies concerns might also dictate the choice of which products might be
excluded from liberalisation. Hinkle and Hoppe States: “some African Countries are very
heavily dependent on their tariff revenue for their fiscal base.” (2005)

It was not until the formation or change of the AUC to the AUC in 2002, that rekindled the
momentum of realising the Continental integration goal. In focusing on this goal, the AUC
Constitutive Act, Article 3, within its objectives States that the AUC aims to “accelerate the
political and economic integration of the Continent.

The AUC adopted action plans such as the Lagos plan for Economic Development of Africa,
which consisted of Regional Development Plans that include the formation of an African
Common Market.

Freedom of Transit is imperative. Some African Countries are landlocked, and it is necessary
that they enjoy the benefits of the AfCFTA. Goods in transit should not be delayed at the
Border unnecessarily.

Article V of GATT provides for freedom of transit and States that: “there shall be freedom of
transit through the territory of each Contracting Party, and further, that “except in cases of
failure to comply with applicable Customs Laws and Regulations, such traffic coming from or
going to the territory of Contracting Parties, shall not be subject to any unnecessary delays or
restrictions and shall be exempt from Customs Duties and from all transit Duties or other
charges imposed in respect of transit, except charges for transportation or those
commensurate with Administrative expenses.

The Regional Trade Agreements between nations, which can be seen as being in line with
Article XXIV of the General Agreement on Tariffs and Trade (GATT), provides that a Trade
Agreement between two parties must, in principle, be reciprocal, must be neutral in a sense
that it prevents barriers to trade with third parties, and ultimately, must have an extended
coverage.

Most Favoured Nations

GATT’s most important principle is that of trade without discrimination in which each
Member Nation opens its markets equally to each other. As embodied in unconditional “Most
Favoured Nation” Clauses, it means that once a Country and its largest Trading Partners agree
to reduce a tariff, that tariff reduction is automatically extended to every other GATT
Member.

GATT includes a long schedule of specific tariff Concessions for each contracting Nation’s,
representing tariff rates that each Country had agreed to extend to others.

It further lays out the conditions whereby Regional Trade Agreements can be ranked lower to
“Most Favoured Nations”, which is a principle contained in Article 1 of GATT, with the
intention to preventing Regional Trade Agreements, from becoming barriers to the
development of international trade. On the contrary, the Regional Trade Agreements,

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become steppingstones towards open trade. The main outcome of the Regional Trade
Agreements should be the elimination of Duties and non-tariff barriers on “substantially all
trade”, according to Article XXIV (8). One of the main reasons that led Countries to enter into
Regional Free Trade Agreements (FTAs), was to eliminate the existence of the tariff and non-
tariff challenges they face when trading with each other.

Article 24 of the World Trade Organisation Treaty allows continued trade with Europe on Zero
Tariffs, whilst negotiating a Free Trade arrangement.

Article XXIV (5) of GATT, permits countries to form trade blocs in the form of a Customs Union
or a Free Trade Area thereby making an exception to the MFN Rule. They should maintain
tariff-free trade with each other for “substantially all” their mutual trade without offering the
same access to their markets to all other WTO Members.

Any Free Trade arrangement may not worsen the terms of trade for non-participants and lead
to higher Duties or more restrictions on trade than before.

Therefore, any Customs Union or Free Trade Agreement has to be notified to the WTO, giving
other WTO Members the opportunity to air their concerns, if any.

The main challenge of African Customs Administrations is how to consistently secure tax
revenues and ensure compliance within the Customs Control Legislative Framework, whilst
providing an appropriate level of Trade Facilitation.

Therefore, the developments of smart enforcement strategies which help to ensure these key
objectives (Revenue, Security and Fast Clearance) are of critical National importance.

Hoffmann et al States that Risk Management, which is effective, is a precondition to find a
balance which is acceptable between the aims of Customs Procedures and the streamlined
flow and trade of goods. Customs Operations, in many developing countries are
characterised by high levels of physical inspections, with resulting disruption of trade flows,
however, with little positive impact for the Regional Economy.

Most developed economies are now making use of Customs Risk Management Models based
on the analysis of rich datasets without stopping trade physically. These Models can lead to
reduced physical inspections without increasing the risk to Customs of either losing income
or allowing the inflow of illicit goods.

Currently, intra-Africa Trade stands at only around 17% of total trade on the African
Continent. Intra-Africa Trade is also highly concentrated within the existing Regional
Economic Communities, which overlap with each other, for example: more than half of intra-
Africa Trade takes place within the Southern African Customs Union (SACU)and all five of its
Members also belong to the larger Southern African Development Community (SADC). South
Africa is the largest economy in both blocs and plays a key role as the driver of trade in these
Regional Economic Communities. It is therefore also a key driver of intra-Africa Trade,
Hartzenberg (2019).

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According to Boateng and Dankyi (2020), the landmark African Continental Free Trade Area
(AfCFTA) agreement, which would be fully implemented in 2021, could potentially create a
Continental Free Trade Zone with a combined Gross Domestic Product (GDP) of US$3,4
trillion, according to the AUC.

This Trade Agreement, should it be fully implemented, would be the largest in the world. The
AfCFTA is one of the projects of the flagship of the First Ten-Year Implementation Plan (2014-
2023) under the AUC’s Agenda 2063.

AfCFTA was designed to create a single market of goods and services and to promote
socioeconomic development together with structural transformation of the State parties,
meaning that the Agreement is in place to assist the country with a poor system of Trade
Facilitation, to be uniform with other developed countries. The approach and outcomes will
thus:

Initiate a single market, deepening the economic integration of the continent.
Establish a liberalised market through multiple rounds of negotiations.
Encourage industrial development through diversification and Regional value chain
development, agricultural development, and food security.
Resolve challenges of multiple and overlapping memberships.

The European economies are doing well because they are supported by a continental free
Trade Policy, therefore, the AUC can copy trade liberalisation initiatives from the EU. Trade
liberalisation is one of the aspects of developing countries which can be used to build a strong
market economy. If the AUC can maintain the best possible guarantees of compliance with
the rules of fair trade, this will be key to its market efficiency. In Europe and other Asian
countries, the Customs Administration does play an essential role in this area, even though it
may not have previously been used to its full potential.

Global organisations such as the WTO, WCO and the like, seek to harmonise trade processes,
and Origin Administration is a primary objective, due to the proliferation of numerous Trade
Agreements.

The World Customs Organisation (WCO), is an international organisation, headquartered in
Brussels, Belgium and plays a critical role in the discussion, development, promotion and
implementation of modern Customs Systems and Procedures.

The WCO holds a duty to standardize procedures of Customs Administrations internationally
and is constantly developing tools and instruments to support Customs Administrations and
improve international trade. One of those instruments, is the WCO Revised Kyoto Convention
(RKC).

The primary objective of the WCO is to enhance the efficiency and effectiveness of Member
Customs Administrations thereby assisting them to contribute successfully to National
development goals and particularly, Revenue Collection, National Security, and Trade
Facilitation.

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The RKC is the international Convention on the simplification and harmonisation of Customs
Procedures, but moreover, its goal is to promote and facilitate effective and legitimate
international trade.

As it is necessary to achieve non-preferential Origin Rules that are objective, understandable,
and predictable, the WCO RCK seeks to address uniformity in application of Rules of Origin.

The success and primary objectives of the AfCFTA, are foundational upon the Customs
Administration in the Exporting Country, generating compliant Proof of Origin, which will be
acceptable to the Customs Administration of the Importing Party/Country, in according
preferences to the Importer, in terms of the Agreement.

Rules of Origin Capacity is the Key to Success of the AfCFTA

The Origin of a product is used to determine the Import duty payable, and whether it is subject
to an antidumping or countervailing duty.

It is further used for the compilation of Trade Statistics. Both of these are going to be of
significant importance for the AfCFTA, particularly when each country has complied with
Annex 1(1) of AfCFTA.

It is crucial to establish whether goods are entitled to the payment of reduced, or nil Import
Duties. The declaration to Customs evidencing the Declarations compliance to classify the
goods under the correct Harmonised Coding System, the correct valuation, and correct Origin
will ensure the correct Duties can then be calculated. Even if the goods are duty free, the
correct Origin Declaration assists in Trade Statistics.

Customs will play a critical role, even if the Concessions in Annex 1(1) have not been finalised.
When State Parties comply with this Annex and submit the lists of goods which require
Concessions on tariff, such goods could still have quota on them. This means that Customs
will not only be tasked with verifying the Origin but will also be implementing the quotas
associated with the goods on the list.

Determination of Origin and compliance to the Rules thereof.

When addressing the challenges in implementation of the AfCFTA, the Customs Authority
Leadership will be reliant on internal Capacity to interpret Rules confirming Origin to Exported
products. A short summary of such Rules and their complexities is reflected hereunder. (See
Article 4, 5 and 6 of Annex 2)

a) A product shall be considered as originating from a State Party if it has been [wholly
obtained], in that State Party. This condition is usually satisfied by raw materials and
agricultural products, as well as secondary products manufactured locally. These include
products of mineral resources, other non-living natural resources extracted from the
ground, seabed, below sea, plants and plant products, live animals, and products
obtained from live animals.

b) A product must have undergone [substantial transformation] in that State Party within
the meaning of Article 6 of the Annex. These products will be considered as sufficiently
worked or processed when they fulfil one of the following criteria:

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i. Value-added

ii. Non-originating material content

iii. Change in tariff heading.

iv. Receipt processed.

In line with Article 6 of Annex 2, the product is described as “manufactured with materials”
(materials containing local and imported input) and must be substantially transformed in the
preferential trade partner country, in compliance with the respective RoO, before the product
can be regarded as an originating product.

How would the Rules of Origin work?

By granting each other Trade Preferences, in compliance with the objectives of the AfCFTA
Agreement, State Parties would source more intermediate and final goods among
themselves, rather than Import from abroad.

The Technical Test is technical in nature and requires that a specific process must be
conducted locally, before the product can be considered “originating”, thus, the product,
resulting from a process operation in the exporting country, must have its own specific
properties and composition, that did not exist prior to the process or operation.

An example of this is Toyota, who manufactured a vehicle in South Africa and sold it in Nigeria.
The vehicle incorporates importing of tyres, engines, and so forth, however the vehicle has
its own final properties, which are different from the imported input (raw) materials.

Customs Officers involved in the successful implementation of the AfCFTA will need to be well
trained and skilled to determine the composition of input (raw) materials in the finished or
manufactured goods without depending entirely on a third-party for such knowledge.

The Customs Classification Test:

This is also called “the change in tariff heading test”. The process or operation performed on
a product in an exporting country results in the product being classified under a different
heading of the Customs Tariff Classification.

An example: imported cotton (HS Code 5204.11) from Mali to South Africa, and South Africa
uses the cotton to manufacture garments, the garments will then be classified under HS Code
6202.11. Customs will also have the professionally trained Customs Officers to handle the
classification of products, according to the General Rules of Interpretation.

The Economic Test: is also known as “value-added test” is important in determining
compliance in terms of RoO. It is the most common form of economic test and it stipulates
that, as a rule, a product can be considered as having Local Origin, provided the foreign inputs
do not exceed a certain threshold.

Although it will be a requirement for Customs Administrations to avail themselves of the
complete content of the AfCFTA Agreement, i.e., the Protocols, Annexes, and Appendices, a
summary is provided below on the most relevant Articles in these, which must be observed
by Customs Administrations.

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AGREEMENT ESTABLISHING THE AFRICAN CONTINENTAL FREE TRADE AREA
1. The Agreement consists of a Preamble, and 7 Parts.

Part I - Definitions (Article 1)

Familiarity with the definitions is crucial in order to interpret the Articles in the Annexes and
Main Agreement.

Part II - Establishment, Objectives, Principles, and Scope (Articles 2 to 8)

1. Specific objectives (Article 4) - From a trade perspective, this Article would form the basis
upon which the General Objectives (Article 3) to the Agreement would be achieved, e.g.,
the elimination of tariff and non-tariff barriers to trade in goods, cooperation in Customs
matters and the implementation of Trade Facilitation measures, etc.

2. Article 5 – RECs Free Trade Areas (FTAs) as building blocks for the AfCFTA (Please see
comments on Annex 2 hereunder:

Article 5 encourages State Parties Customs Members to cooperate in the use of simplified
harmonisation on Customs Procedures, particularly relevant to international standards.
The benchmark is set with international instruments like the WCO Protocols, and the WTO
Agreement on Trade Facilitation.

3. It is imperative that the Customs Leadership understands that the RoO of Annex 2 (See
Addendum iv), are not yet finalised and, as an interim measure, the RoO pertaining to
existing Regional Trade arrangements (Refer to Article 42(3)), will be utilised to confer
Origin on qualifying products. This phasing of outstanding issues per Article 42, is highly
relevant and will need to be understood by Customs and Traders alike, in case of any
impacts and compliances.

4. Traders will require trade delivery into new markets to be certain and predictable. In case
of future rule changes, which could render a previously qualifying product no longer
qualifying, could impact on Exports in process. Traders may be cautioned against
concluding deals which could be impacted and, as such, the AUC may require a timeline,
as to the effective date of application of the introduction of future rules.

5. Status of the Protocols, Annexes and Appendices (Article 8) - This Article provides that the
Protocols as listed and the Annexes and Appendices thereto shall, upon adoption, form
an integral part of the Agreement. They can therefore never be considered in isolation of
the objectives, specific objectives, principles, and scope, of the Agreements provided in
Articles 3 to 6. Customs Leaders should never lose sight of the overall objectives. Whilst
Annex 2 relating to RoO is significant, all Annexes are of Customs relevance.

Part III - Administration and organisation (Articles 9 to 15)

1. Customs Leaders should be aware of the governing structures as provided in the AfCFTA
Agreement and where their participation may be applicable and relevant.

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Part IV - Transparency (Article 16 and 17)

1. Customs Leaders are aware that their State Parties have been participating in existing
trade arrangements and should thus have institutional Capacity.

2. Article 16 however, dealing specifically with the publication of legislative implementation
is of paramount importance.

3. Article 17:Compliances of the notification of legal publications relating to the Agreement,
must be notified to the Secretariate, in order to share same with other State Parties.

Part V - Continental Preferences (Article 18 and 19)

1. Continental Preferences (Article 18) - State Party parties, are in accordance with this
provision, required to accord each other preferences on a reciprocal basis not less
favourable to that which are afforded third parties. It further provides that State Parties
shall continue with their obligations under agreements which they might have with Third
Parties.

2. In brief, this entails that a State Party cannot give a lower preference to a Third Party,
than it would afford a State Party Member under the AfCFTA. Anomalies detected must
be pointed out to Trade Authorities by the Customs Authority.

3. Conflict and inconsistency with Regional Agreements (Article 19) - To the extent that
there might be conflict or inconsistency with other agreements in the RECs, the AfCFTA
will prevail, unless the AfCFTA provides otherwise. This Article also provides that a higher
level of integration, may be achieved by State Parties.

4. Should Customs Leaders detect a conflict, they should be aware that the provisions of
AfCFTA, will prevail. However, again it must be stressed, that the outstanding issues of
AfCFTA, are still in the process of being concluded.

Part VI – Dispute Settlement (Article 20)

1. Disputes of this nature will be Trade related. Customs disputes are contained in Article
40 of Annex 2, which ultimately refer back to this Article.

Part VII – Final Provisions (Articles 21 to 30)

1. Entry into force (Article 23) - Paragraph 1 provides that the Protocols on Trade in Goods,
Trade in Services and Protocol on Rules and Procedures on Settlement of Disputes, shall
enter into force 30 days after the deposit of the 22nd instrument of ratification.

2. Paragraph 3 provides that, inter alia, the mentioned Protocols on Trade shall, for a State
Party, enter into force on the date of the deposit of its instrument of accession.

3. Customs Authorities are reliant on other inter-governmental agencies to conduct these
compliances, in order for them to be implemented. The provisions of Articles, in this Part
VII of the Agreement, should give the Customs Authority a general awareness of the

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process conducted by Trade Authorities to arrive at the final ratified documents and
submissions of accession to the Agreement. Article 28 provides however for review after
5 years, which could have Customs-related impacts. Likewise, Article 29 deals with future
amendments.

PROTOCOL ON TRADE IN GOODS

Reference to the Protocols is in Article 8 of the Agreement.

Protocol consists of the Preamble and 10 Parts and includes 9 Annexures.

All Annexes are part of the Protocol on Trade and each Annex must be scrutinised for Customs
compliances and obligations.

Part I – Definitions, Objectives, and Scope (Articles 1 to 3)

1. Definitions (Article 1)

Customs Authorities must be clear as to the definitions for interpretation purposes, and
particularly the Schedule of Tariff Concessions, without which they cannot implement the
AfCFTA.

2. Objectives (Article 2) - This Article refers back to the objectives in Article 3 in the main
Agreement. The primary objective is to boost intra-Africa trade through specific
measures, such as the elimination of tariff and non-tariff barriers, efficiency of Customs
procedures, Trade Facilitation and transit, cooperation in the area of technical barriers,
development of Regional and continental value chains and enhancement of socio-
economic issues. In the spirit of the Agreement, the Customs Authority will, in
implementation of the Annexes, seek to assist Traders, especially in Trade Facilitation.
The Customs Authority should do all in their power to assist Traders.

3. Scope (Article 3) - Paragraph 1 highlights that the protocol will apply in Trade between
the State Parties. Paragraph 2 lists the Annexes of the protocol, which will, upon adoption,
become part of the Protocol. In this regard all 9 Annexes, which will be noted separately,
have been adopted. Cognisance must however be taken that, although the Annexes have
been adopted, there may be certain aspects thereof which still need to be finalised.

Part II – Non-Discrimination (Articles 4 to 6)

1. Most-favoured-nation Treatment (Article 4) - This Article refers back to Article 18 of the
AfCFTA Agreement, which provides for the treatment State Parties must afford each
other, on the basis of extending preferences to each other, whilst maintaining their trade
commitments prior to the entry into force of the AfCFTA Agreement. For Customs
Authorities it is important to note that Trade under the REC arrangements will continue.
However, Trade under AfCFTA will extend beyond the REC.

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2. National Treatment (Article 5) - The objective of this Article is to place similar products,
imported from other State Parties, on an equal footing with those of domestic products,
by affording such imported products no less favourable treatment, than that granted to
domestic products, after clearance by Customs. Reference is made to Article III of GATT
1994, affecting the sale and conditions for sale of such products. Once again, this refers
to the Schedule of Tariff Concessions in which the modalities will address equally in local
and imported products, of a similar kind. This requires a Customs awareness.

3. Special and Differential Treatment (Article 6) - This Article deals with the flexibilities State
Parties will afford each other in the trade offers, by consideration of limitations which
some State Parties may have. In this regard, consideration is given to trade offers from
LDCs and DCs, as well as sensitive industries. The Customs Authority must be aware,
although one State Party grants preference to a product, other States may not necessarily
grant a similar treatment to the same product. Thus, the Agreement allows for different
phase-in periods for lesser developed Countries.

Part III – Liberalisation of Trade (Articles 7 to 13)

1. Import Duties (Article 7) - Reference is made in paragraph 1 to the elimination of Import
Duties and charges having an equivalent effect on goods originating in a State Party in
accordance with the trade offers made by State Parties to which commitments were
made, in terms of Annex 1 to the Protocol on Trade. Therefore, this forms the basis of the
preferential treatment State Parties which will accord each other under the Agreement.
Paragraph 2 places a cap on any increase of Import or equivalent charges on products
which are subject to liberalisation, i.e., the phase down of Duties. Paragraph 3 defines for
the purposes of the Agreement, what is included in the term “Import duty or equivalent
charge”. The exclusion covers in main the various obligations under GATT.

The Customs Authority must be aware that adopted Tariff Concessions by the Assembly,
will form part of Annex 1 as an Appendix. Export Traders would need to have visibility of
same and may need assistance to understand phase-in and excluded criteria according to
the HS tariff. As these Tariff Concessions are adopted, they will then become part of the
Agreement and will need to be updated and reflected in the Schedules to the Customs
Legislation and visible to Traders who may need assistance and guidance as to the
interpretation of qualifying products.

2. Schedules and Tariff Concessions (Article 8) - This Article has reference to Annex 1 to the
Protocol on Trade for the application of tariff preferences. In order to give effect thereto,
consideration must be given to this, in conformity with the adopted tariff modalities.

The Article further alludes to work on the modalities which are still outstanding and must
still be finalised. The modalities are the document which informs on how the changes to
the preferential Import Duty structure will be affected. Refer to the above points, to

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guidance and insight to take note that this provision of Tariff Concessions will be an
ongoing process.

3. Export Duties (Article 10) - The Article provides for the imposition of export Duties on a
non-discriminating basis. Customs Authorities should be aware that Export Duties as
applicable, and, as the case may be, when provided for in Customs Legislation, will still be
in force and of effect.

4. Elimination of Non-tariff Barriers (Article 12) - This Article provides for the inclusion of
Annex 5 in accordance with which non-tariff barriers are identified, categorised,
monitored and eliminated. As mentioned, the Protocol on Trade has several Annexes
which are of relevance to the Customs Authority. However, Customs Authorities should
be aware of potential NTB and the elimination thereof when identified.

5. Rules of Origin (Article 13) - This Article provides for the inclusion of Annex 2 setting out
the criteria and conditions for goods to be considered as originating for preferential
treatment purposes.

6. The Customs Authority must be in a position to generate a compliant CoO which will be
utilised for preferential treatment in an Import State Party and administer the granting of
preferences for Imports from other State Parties for which a proof of Origin has been
issued. Annex 2 provides the Rules to confer Origin, Technical Capacity is required to
interpret and apply these Rules.

Part IV – Customs Cooperation, Trade Facilitation and Transit (Articles 14 to 16)

1. Customs Cooperation and Mutual Administrative Assistance (Article 14) - This Article
provides for the inclusion of Annex 3, setting out appropriate actions for State Parties to
take in this regard. Cognisance must be taken that these arrangements are those falling
outside the Administrative Cooperation provided for in Part IV of Annex 3, for the
purposes of Origin. Customs Authorities should understand that, whilst Annex 3 provides
for general mutual cooperation, Annex 2 goes further to provide mutual assistance in
ensuring compliance in Origin criteria. Annex 3 would generally be implemented, through
the International Relations Division of a Customs Authority with individual State Parties.

2. Trade Facilitation (Article 15) - This Article provides for the inclusion of Annex 4, to the
Protocol on Trade, for appropriate measures to be taken on Trade Facilitation. Similarly,
the parties have agreed that they will provide Trade Facilitation and will therefore need
to implement this Annex.

3. Transit (Article 16) - This Article provides for the inclusion of Annex 8 to the Protocol on
Trade for appropriate measures to be taken regarding transit of means of transport. It is
clear that many shipments under AfCFTA will be conveyed across other State Party

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territories. If the transit provisions are not facilitated, this could be detrimental to the
Traders in the transaction. Should this be the case, the objectives of the Agreement will
not be achieved.

Part V – Trade Remedies (Articles 17 to 20)

Part VI – Product Standards and Regulations (Articles 21 and 22)

An awareness as to the competency of Customs Authorities in interpretation of other
Customs-related Articles in Annex 6 is evidenced here, such as the impact of Technical Barriers
to Trade.

Part VII – Complementary Policies (Articles 23 to 25)

Customs Leaders must take cognisance of the following:

1. Special Economic Arrangements/Zones (Article 23) - Paragraph 1 of this Article promotes
the establishment of Special Economic Arrangements/Zones for the purposes of the
acceleration of development.

2. Reference is made in paragraph 2 of the Regulations which are yet to be developed by the
Council of Ministers. Note must be taken of Article 42 of Annex to which list these
Regulations as still being outstanding. Paragraph 3 provides that products manufactured
in these Special Economic Arrangements or Zones shall be subject to the Rules of Origin
of Annex 2.

Part VIII – Exceptions (Articles 26 to 28)

These mainly contain non-Customs-related provisions, not relevant for implementation
challenges.

Part IX – Technical Assistance, Capacity Building and Cooperation (Article 29)

1. Technical Assistance, Capacity Building and Cooperation (Article 29) - This Article
provides for the Secretariate to coordinate and provide Technical Assistance and Capacity
Building in matters relating to the implementation of the Protocol on Trade, enhance
cooperation for the implementation thereof and to explore obtaining assistance with
resources for the implementation thereof.

2. Customs Leaders will be aware of the need for competency of themselves and that of
Officers that is required to successfully implement the Agreement. The research has
identified Capacity Building as key strategy for implementation and furthermore,
highlighted the lack of Capacity in various Customs Administrations. This part of the
Agreement is specific to the attainment of Capacity.

Part X – Institutional Provisions (Articles 30 to 32)

1. Implementation, Monitoring and Evaluation (Article 31) - This Article provides for the
establishment of the Committee on Trade in Goods by the Council of Ministers and the

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structure and reporting measures. The Committee in turn have the Authority to establish
subsidiary bodies to assist in the discharge of their functions.
This Article must be read with Article 38 of Annex 2 which provides for the establishment
of the Sub-Committee on Rules of Origin.
Customs Leaders must be aware of the governing structures that implement and their
obligation to participate.
ANNEX 1 – SCHEDULE OF TARIFF CONCESSIONS
At present this Annex consists of 2 paragraphs:
Paragraph 1 provides for State Parties to develop Schedules of Tariff Concessions in
accordance with the approved modalities. This paragraph must be referenced to Article 8 of
the protocol on Trade which guides as to how this must be accomplished. Note must be taken
that this has not yet been finalised.
Paragraph 2 provides that the Schedules of Tariff Concession shall, once it is adopted by the
Assembly, be appended to this Annex. If all State Parties have thus completed their Schedules
of Tariff Concession, 55 Countries appendices will eventually be included in this Annex. For
the entry into force for the Schedules of tariff concession refer to Article 23 of the Agreement.
With regard to the above two paragraphs, it is relevant for Customs Authorities in that they
can implement the Agreement when their Schedule of Tariff Concessions is lodged, from the
date of deposit of the instrument in accordance with Annex 1 to the Protocol on Trade. Trade
Officials will primarily be involved to establish the modalities which were approved at the
Summit Meeting, as relevant, and Customs will traditionally assist in verification of
information submitted, according to the modalities agreed. Of relevance is to monitor these
instruments of potential importing countries to provide Capacity to their Exporters.
ANNEX 2 – RULES OF ORIGIN
Reference to this Annex is in Article 13 of the Protocol on Trade.
This Annex consists of 5 Parts.

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This complete Agreement impacts in totality on the responsibilities, obligations, and functions
of the Customs Authority of the respective State Parties. However, a methodical approach to
dissection of the Agreement itself, will be helpful in comprehensive implementation.

Source: International Trade Centre: “A business guide to the African Continental Free Trade Area
Agreement.
The Role of the Customs Leadership in implementation will be substantially improved by the
detailed examination of the Customs-related criteria as extracted and explained. This brief
insight to technical terminology and concepts that could find application in confirming Origin,
does appear daunting at first.
NB!! The implementation of the Annex requires specific technical knowledge,

comprehension, and competency to confer Origin to a product in terms of the Rules.
If the designated Competent Authority that issues the CoO is not the Customs
Authority, they will need special training and Capacity Building to apply the rules of
this Annex. The definitions of Annex 2 are particularly important.
Part I – Definitions (Article 1)
1. Reference is made to Article 42 (1) of this Annex regarding the definition of “Value
Added” in Article 1(x) which is still an outstanding issue. The concept refers to the criteria
set for sufficiently worked or processed in Article 6(1)(a) of this Annex. Note that the text
to the definition is in italics.
2. The Customs Leadership is again made aware that there are a number of outstanding
issues pertaining to some definitions. However, the RoO of the REC would, in the interim,
be applicable.
3. As a norm the Customs Authority will be the responsible Authority to issue Certificates of
Origin and to grant preferences within the provisions of Customs Law.
4. However, with reference to the definitions in Article 1(g):”Customs Authority”, and that
in Article 1(I):”Designated Competent Authority”, it should be noted that for some State
members the “Designated Competent Authority” responsible for the issue of Certificates
of Origin could be an Authority other than the “Customs Authority”.

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5. Note must also be taken that the definition to Article 1(m):”Generally Accepted
Accounting Principles” (GAAPs), is still in italics. A cross reference to this is found in Article
42(1)(e) which lists the drafting of additional provisions in Annex 2 as one of the
outstanding issues. This again accentuates concerns of outstanding issues.

6. Article 42(1)(b) also alludes to the drafting of additional definitions in this Annex.
Customs Leaders should be aware in the event that such additions may impact the
Customs Authority.

Part II – Purpose, Objectives, and Origin Conferring Criteria (Articles 2 to 16)

1. Consideration must first, and foremost, be given to the objectives, as contained in Article
3, when dealing with trade, under the Protocol on Trade. It should be borne in mind that
the liberation of trade in goods from import Duties is just one of the steps of the overall
objectives of the Agreement. Customs must be seen to facilitate trade in order to achieve
these objectives. It is imperative that legitimate Traders are assisted as far as possible.

2. With reference to Article 4, Customs Leaders will, from examination of the Articles of
Annex 2, begin to appreciate the knowledge component of their required competency, to
be able to confirm Origin according to the Agreement.

3. It must be noted that the list of products considered as [“wholly obtained”] provided in
Article 5 is an exhaustive list. If a product cannot be read into one of the categories it
cannot be considered as a “wholly obtained” product for purposes of this Annex.

4. Reference is made in Article 5(2) to the terms “their vessels” and “their factory ships” as
referred to in Articles 5(h) and (i) for which two proposals are on the table. This matter is
also listed in Article 42(1)(a) as one of the outstanding issues agreed to. The effect of this
is that in the absence of a clear decision on one of these proposals, in accordance with
Article 42(3) of this Annex, the versions thereof as contained in existing trade regimes of
State parties must be applied in order to facilitate trade. As an example, SADC countries
would apply that version contained in the SADC agreement. Note that the proposals are
in italics. This is again still flagged as an outstanding item. However, the interpretation in
the REC will be applicable in the interim. Thus, the specific interpretation, yet to be
concluded, is what designates “their ships or vessels” to achieve wholly owned
compliance.

5. Article 6(2) alludes, in order for products to be considered to be sufficiently worked or
processed, they must satisfy the specific rules set out in Appendix IV. This Appendix is also
listed in Article 42(1)(c) of this Annex as one of the outstanding issues still to be addressed.
Reference in this regard should also be had to the understanding in Article 42(3) to apply
the specific rules as set out in the existing Regional trade regimes. Note must also be taken
of the outstanding issue of the “absorption principle” referred to in Article 42(1)(e) which
still has to be taken up in this Annex.

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6. Customs Leaders must understand that, in order to apply the “sufficiently worked” rule,
Appendix IV must be consulted. However, once again, these are unfinalised criteria in
relation to the Absorption Principle. (Article 42(3).

7. Regarding Article 7, working or processing conferring origin, note should be taken of
paragraph 1(o) in that any combination of the aforementioned processes listed in this
Article can, under no circumstances, be considered as originating for the purposes of this
Annex. In this regard, as well as for the purposes of Article 6(1), in the event that a product
does not meet the origin criteria, it will retain the origin it had before these criterions
were considered.

8. With reference to Article 8(4) regarding “cumulation” within the AfCFTA, it must be kept
in mind that this process refers to products already originating in one of the State Parties.
It will thus not be necessary for such products, when worked or processed in another State
Party, to comply with the origin criteria as set out in Article 6.

However, if any working or processing is conducted thereon, in another State Party it will
attain the origin of that State Party, provided such working or processing exceeds the
operations of Article 7 which are considered as not conferring origin. If not, it will retain
the origin applied to the product prior to such working or processing.

Article 8 of the Annex therefore clarifies that cumulation of Origin, between State Parties
will aid in the implementation of AfCFTA. The effect thereof is that, for this purpose, all
State Parties are considered as a Single Territory.

Raw materials or semi-finished goods originating in any of the State Parties and
undergoing working or processing in another State Party, shall be deemed to have
originated in the State Party where the final processing or manufacturing took place. This
will be a further process in determining Origin and compliance.

Whilst Customs Leaders will identify technical terminology in the above three paragraphs.
It is again pointed out that the whole of Annex 2, subject to Article 42(3) is not yet
finalised, and that the REC criteria will be applicable. Notwithstanding this, it is further
pointed out that current RECs do not mention the “absorption principle”. As such, this
terminology or Rules of application may be unfamiliar to some current Customs Officers.

9. Article 9 provides for goods produced in Special Economic Arrangements/Zones to be
considered as originating for the purposes of this Agreement and states that goods
produced in a Special Economic Zones, shall be treated as originating goods, provided they
satisfy the rules in Annex 2 and which entitles it to be used to determine compliance as
well. State Parties can request and exchange information, should there be any declaration
which Customs require further information from the exporting Country on. Note should
be taken that the text of this Article is in italics. Reference is made to the transitional
arrangements of Article 42(1(d)) which lists the drafting of Regulations for this purpose as

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still outstanding. Reference must also be made to Article 23 of the Protocol which
encourages the development of such facilities.

This is again another unfinalised matter. However, due cognisance must be taken of the
provisions of Article 23 and 23(2) which evidence that Regulations must still be developed
by the inclusion of numbers which must be read in conjunction with Article 9 of Annex 2.

10. Article 10 of the Annex States that State Parties cooperate and share information and
undertake to treat such information with utmost confidentiality and use such information
only for the purpose for which it was requested. Customs will share such sensitive
information to assist them to prevent, investigate and suppress Customs Offences.

11. Article 11 of the Annex on technical cooperation States that technical cooperation will
enhance Customs capacities through joint training, sharing of resources and facilities,
sharing of technical and scientific data, which is extremely valuable for today’s Customs
Administrations.

Fortunately, with the harmonisation of Systems and streamlining Customs activities
across borders. The importance of cooperation cannot be emphasised enough for the
realisation of the implementation of AfCFTA.

12. Neutral elements provided for in Article 15 may pose in-depth audit function when
considering for the purposes of this Annex the value thereof in determining the origin of
a product. It is of paramount importance that required skills and Capacity be applied to
such considerations.

13. The Principle of Territory in Article 16 provide for operations which may be carried out to
originating products and circumstances in which, when moved through the territories of
other State Parties or outside the territory of State Parties, the origin status thereof will
not be affected. The main consideration in this regard is that it must remain under
Customs Control. Once a product is released from Customs Control the burden of proof is
on the importer that the origin of the product had not been affected.

Part III – Proof of Origin (Articles 17 to 33)

1. Article 17 provides that proof of origin under the Annex can be in the form of a Certificate
of Origin in the format provided in Appendix I, or an invoice declaration made out by an
exporter in the text provided in Appendix II. Note must also be taken that in accordance
with Article 28, goods imported by private persons or in small values are exempted from
the requirement from the submission of proof of origin, subject to specific value limits,
provided that the products are originating.

2. The format of the Certificate of Origin provided in Appendix I consists of (a) Notes for the
Completing of the AfCFTA Certificate of Origin, General requirements to consider when
completing the certificate, the Form for a AfCFTA Certificate of Origin, as well as

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Arrangements Form Verification of Origin, on the back of the Certificate of Origin. Note
should be taken that Certificates of Origin must be serially numbered.

For this purpose, pre-printed certificates must be made available by the Designated
Competent Authority to exporters for completion and submission, together with the
necessary documentary proof, for certification. Also refer to Article 33, pertaining to
Discrepancies and Formal Errors, to the Origin documentation.

3. Note should be taken of the reference in Article 42(1)(f) on the matter of drafting of
AfCFTA Rules of Origin Manuals/Guidelines. One such Guideline would be that which
would apply to the granting of Approved Exporter status in accordance with Article 20
read with Article 19. Keep in mind the wording of such a declaration provided in Appendix
II.

4. Articles 21 to 23, 25 and 26 covers the issue of certificates, the scrutiny of supporting
documents and the issue of retrospective/duplicate/replacement Certificates of Origin. If
the main objectives of the Agreement are to be achieved, it is critical that exporters be
afforded the necessary support in obtaining the required documentation.

5. As a rule, in accordance with Article 30, Direct Transport, it is a requirement for the
purposes of this Annex that products traded thereunder be transported directly between
the State Parties or through their territories. The Article further gives guidance as to
circumstances in which consideration may be given in the event of goods moving through
other State Parties’ territories and considerations to be given thereto. The provisions of
this Article should not be confused with that of Article 16 where the Principle of Territory
comes into play.

6. Article 31 provides for cumulation between State Parties supported by proof of origin
from the export country. Also refer to Article 8 and the form of such proof of origin. Article
31 further provides for a Supplier or Producers declaration, the format of which is
provided in Appendix III. This declaration provided in Part A thereof. For the Supplier or
Producer to attest to the compliance with origin requirements to the exporter, which
makes it a supporting document in the process of application for certification of origin or
for it to be retained as Proof of Origin in the event of making out an invoice declaration.
In Part B of Appendix III, Suppliers or Producers may in the event of not being in
compliance with the Origin requirements nevertheless declare the components or
materials which are not of AfCFTA origin for preferential purposes, which would then
allow for consideration should the product be worked or processed at a later stage.

Part IV – Administrative Cooperation (Articles 34 to 38)

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1. In accordance with Article 34, Customs Administrations need to notify each other through
the Secretariate of: addresses, stamps used, signatures, offices for issuance of Certificates
of Origin, list of approved exporters, etc. This would facilitate direct communication
between Customs Administrations in ensuring compliance with the requirements of the
Annex in the verification of origin requirements.

2. Articles 35 and 36 pertains to Mutual Assistance and verification of proof of origin
between State Parties. Note should be taken of the reliance Customs Authorities in
importing countries will have on their counterparts in exporting countries to ensure
proper verification of origin, which will heavily impact on import Duties which are
sacrificed in the process. Generally, it is incumbent upon Customs in importing countries
to accept valid proof of origin issued by a by a State Party. The Articles allude to processes
to be followed so as not to overburden Administrations, by allowing verifications to take
place in cases where doubt exists.

Part V – Final Provisions (Articles 39 to 42)

1. For the Customs Authority, Article 39 is crystal clear in that, all Appendices Annexed to
this Annex, form an integral part thereof. Thus, they must conclude that every
document, declaration, format, and the like, as reflected within any Appendices, must
be drafted in strict compliance thereto.

2. As mentioned, disputes in Article 40 are resolved according to the settlement
mechanism provided within the Protocol on Rules and Procedures on the Settlement of
Disputes.

3. Finally, Articles 41 and 42 again point to Reviews and Amendments, which are likely to
occur, and the fact that Transitional Arrangements in relation to much of the critical
criteria of Annexes implementation criteria under AfCFTA, is agreed and implemented
fully by all State Parties.

4. All the abovementioned, are of Customs relevance when consideration is given to
implementation needs and challenges.

ANNEX 3 – Customs cooperation and Mutual Administrative assistance
The Headings to Articles in Annex 3 are reflected to resonate with all aspects in this report
that directly relate to findings addressing Customs Cooperation and Mutual Administrative
Assistance. Of importance for Customs Authorities is to bear in mind that, within the other
Annexes of the Protocol on Trade, there are also specific Articles dealing with the exact same
topics of Customs Cooperation and Mutual Assistance. Example is Part IV of Annex 2 –
Administrative Cooperation. Therefore, when considering implementation of Annex 3, a
broader approach is required to incorporate such similar Articles in other Annexes. (See
Article 35 Mutual Assistance, in Annex 2, which will thus resonate to Annex 3.

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Article 1 – Definitions
Article 2 – Objectives and Scope
Article 3 – Harmonisation of Customs Tariff Nomenclatures and Statistical Nomenclatures
Article 4 – Harmonisation of Valuation Systems and Practices
Article 5 – Simplification and Harmonisation of Customs Procedures
Article 6 – Automation of Customs Operations
Article 7 – Advance Exchange of Information
Article 8 – Prevention, Investigation, and Suppression of Customs Offences
Article 9 – Request, Exchange, and Provision of Information
Article 10 – Protection and Confidentiality
Article 11 – Technical Cooperation
Article 12 = Communication of Customs Information
Article 13 – Sub-Committee on Trade Facilitation, Customs Cooperation, and Transit
Article 14 – Dispute Settlement
Article 15 – Review and Amendment
The role of Customs in implementing Annex 4 of AfCFTA (Trade Facilitation)
Article 4 of the AfCFTA States the importance of “cooperation on Customs matters and the
implementation of Trade Facilitation measures. Having this as one of its specific objectives
underscore the role, they envisage Customs Authorities to play in implementing Trade
Facilitation measures.
This Annex focused on ensuring a smooth flow of trade regarding the movement of goods,
international trade procedures, communication and all other activities that involve trade
among Countries. According to Article 2, the objectives in Trade Facilitation are to expedite
the processes involved in the movement of goods in terms of Border Clearance, and Release
Procedures, as well as the procedures in Imports and Exports. Methods that are adopted in
ensuring Trade Facilitation are:
Article 6 - Advance Rulings
Article 7 - Pre-Arrival Processing
Article 8 - Electronic payments
Article 10 - Application of Risk Management Systems
Annex 4 - Customs Cooperation and Mutual Administrative Assistance

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This aspect looks at cooperation amongst Customs Administrations who may collaborate to
simplify and improve Trade Facilitation with the intention to enhance the idea of the
Continents’ integration plan within Customs Regulations. Mutual Assistance within Customs
can take the form of proper application of Laws within Customs and prevention of potential
Customs Offences.

According to Article 3 of this Annex, each State that is a Party or Member, is to adapt Customs
Tariff Nomenclatures and statistical Nomenclatures, which are in conformity with the
Harmonised System (HS), for example, follow the numerical sequence of the HS.

It also involved the establishment and usage of modern Data Processing Systems to facilitate
efficient Customs Operations which is in accordance with the issue of Rulings in accordance
with Article 6.

In Article 2 of Annex 4 the objectives have been identified as simplifying and harmonising
international trade procedures and logistics to expedite the process of importation,
exportation, goods in transit, as well as the clearance of goods. Several measures have been
identified which Customs Officials will have to use in the implementation of Trade Facilitation.

Article 4 and 5 of Annex 4 identifies the publication and enquiry of information. This is
consistent with Article 1 of the WTO Agreement on Trade Facilitation which focuses on the
publication and availability of information.

Article 6 deals with Advance Rulings which is also in line with Article 3 of the WTO ATF.

Advance rulings are rooted in the Customs Trilogy: Classification of goods, Value of goods,
and Origin of goods. Importers need to know before embarking on any contractual
negotiation what they will have to pay with respect to the Customs Trilogy. This Article, in
the context of the WTO ATF, is a written decision provided by a Member to an Applicant, prior
to the importation of goods covered by the application that sets forth the treatment that the
Member shall provide goods at the time of importation regarding:

i. The goods tariff classification.

ii. The Origin of the goods (ATF 3.9a)

In essence, the Article requires WTO Members to issue advance rulings regarding tariff
classification and the non-preferential Origin of goods, and sets the rules stipulating the
issuance of advance rulings in a reasonable and time-bound manner, including cases where
Advance Rulings are issued and are valid for up to 6 months. In addition, pursuant to ATF
3.9.b, WTO Members are encouraged to issue advance rulings for other areas such as
Customs Valuation and requirements for relief or exemption from Customs Duties.

Chapter 3 of the General Annex to the RKC, contains a number of provisions geared towards
cooperation and coordination amongst Border Agencies. For instance, Transitional Standard
3.35 States that: if the goods must be inspected by other Competent Authorities and Customs

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also schedules an examination, Customs shall ensure that the inspections are coordinated
and, where possible, conducted at the same time.
This cooperation will lead to good Border Security Management, faster immigration
processing, Import and Export restrictions, and prohibition control, collection of revenue,
records of Cross-border statistics, and sanitary, phytosanitary measures, and technical
standards and obviously, facilitating trade. Other facilitating measures which Customs will
also need to implement include pre-shipment inspections. Since Customs share information,
the exporting Country will share inspection information with Customs in the importing
Country. Similar objectives to the WTO ATF are embedded in the WCO RKC and more
specifically Chapter 6 and 7 which refers to Trade Facilitation through the conclusion of
Mutual Administrative Agreements by Customs Administrations, as well as the use of ICT to
enhance Customs control, respectively.
Another objective of Trade Facilitation is to reduce the transaction costs of doing business in
international trade. The specific costs include, cost of clearing goods for Import, Export,
Transit, and the associated Border controls.

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ANNEXURE 5 to Report

Glossary of Terms

Term Description

Annex IV List 2, 4 and 6 These lists provide in accordance with Articles 14 and 15 of

and Annex VI List 4 the TDCA for quotas from the EC and SA, respectively.

EUR1 Movement Certificate, Certificate of Origin for the purpose of
trade in the TDCA and SACU/EFTA FTA.

Ex-works price Means the price paid to the Manufacturer for the product
delivered outside the factory gate minus any internal taxes
which may be paid.

GATT The General Agreement on Tariffs and Trade covers
international trade in goods. The workings of the GATT
agreement are the responsibility of the Council for Trade in
Goods which is made up of representatives from all WTO
member countries.

GSP Generalized System of Preferences is a programme designed
to promote economic growth in the developing world by
providing preferential duty-free entry.

MFN In international economic relations and international politics,
"most favoured nation" is a status or level of treatment
accorded by one State to another in international trade. The
members of the World Trade Organization agree to accord
MFN status to each other.

Origin Is normally referred to as the economical nationality of a
product.

Non-Preferential Rules of Are used to determine the country of Origin for certain

Origin purposes such as quotas, anti-dumping, anti-circumvention,

statistics and/or Origin labelling.

Non-Reciprocal Tariff When developed countries grant trade Concessions to
treatment developing countries, they should not expect the developing
countries to make matching offers in return.

Non-SACU SADC member SADC member countries that do not form part of SACU,

countries Madagascar, Malawi, Mauritius, Mozambique, Tanzania,

Zambia, and Zimbabwe.

Term Description

Preferential Rules of Preferential RoO are part of a free trade area or preferential
Origin trade arrangement which includes tariff Concessions. These
trade arrangements might be unilateral, bilateral, or Regional
trade arrangements.

Protocol 1 Protocol 1 to the TDCA concerning the definition of the
concept of originating products and methods of
administrative cooperation.

Reciprocal arrangements Trade arrangements providing for goods to be imported and
exported to mutual benefit, PTA, and FTAs.

Revised Kyoto The International Convention on the Simplification and
Convention Harmonization of Customs procedures.

Rules of Origin "Rules of Origin" means the specific provisions, developed
from principles established by National or international
agreements ("Origin criteria"), and applied by a country to
determine the Origin of goods.

SACU Central Coordinating Authority responsible for the Administration of

Coordinating Authority SADC sugar quotas on behalf of SACU.

Technical Committee on Technical Committee, to examine specific technical problems
Rules of Origin arising in the day-to-day Administration of the Rules of Origin
of Members and to give advisory opinions on appropriate
solutions.

VISA Means the AGOA Textile and Apparel Visa Stamp applied to an
Invoice to certify compliance with Origin criteria for clothing
and textiles exported to the USA.

World Customs The World Customs Organization (WCO) is an
Organisation intergovernmental organization headquartered in Brussels,
Belgium.

Glossary of Abbreviations

1. ACA African Customs Administrations
2. ACBF African Capacity Building Foundation
3. A-CIP Anti-Corruption and Integrity Promotion
4. AEC African Economic Community

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5. AEO Authorised Economic Operator
6. AfCFTA African Continental Free Trade Area
7. AfDB African Development Bank
8. AFRITAC Africa Regional Technical Assistance Centre
9. AIRIS African Institute for Regional Integration Studies
10. ARIA Assessing Regional Integration in Africa
11. ASYCUDA Automated System for Customs Data
12. ATPC African Trade Policy Centre
13. AUC African Union
14. AUC African Union Commission
15. AUDA African Union Development Agency
16. BIAT Boosting Intra-African Trade
17. BUSAC Business Sector Advocacy Challenge
18. CCC Customs Cooperation Council
19. CDD Capacity Development Division
20. CEMAC Central African Economic and Monetary Community
21. CEN-SAD Community of Sahel-Saharan States
22. COMESA Common Market for Eastern and Southern Africa
23. DARTIHD Data Analytics and Research Technology Innovation Hub
24. DSM Dispute Settlement Mechanism
25. DTI Department of Trade and Industry
26. EAC East African Community
27. EAFFPC East African Freight Forwarding Practicing Certificate
28. ECA Egyptian Customs Authority
29. ECC Ethiopian Customs Commission
30. ECCAS Economic Community of Central African States
31. ECOWAS Economic Community of West African States
32. EFT Electronic Funds Transfer
33. ESA East and Southern Africa
34. EU European Union

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35. FTAs Free Trade Areas
36. GATT General Agreement on Tariffs and Trade
37. GIZ Gesellschaft für Internationale Zusammenarbeit (German)
38. GFA Consulting Group (GmbH)
39. GRA Gambia Revenue Authority
40. GRA Ghana Revenue Authority
41. IATA International Air Transport Association
42. IBCC International Bureau of Chamber of Commerce
43. ICAO International Civil Aviation Organisation
44. ICC International Chamber of Commerce
45. ICS International Chamber of Shipping
46. IDEP Institute for Economic Development and Planning
47. IGAD Inter-Governmental Authority on Development
48. IMF International Monetary Fund
49. IMO International Maritime Organization
50. IRID Institute for Regional Integration and Development
51. ISO International Standards Organisation
52. ITC International Trade Centre
53. ITA Institute of Tax Administration
54. KESRA Kenya School of Revenue Administration
55. KRA Kenya Revenue Authority
56. LDCs Least Developed Countries
57. MENA Middle East and North Africa
58. NEPAD New Partnership for Africa’s Development
59. NGO Non-Governmental Organisation
60. NMCs National Monitoring Committees
61. NORAD Norwegian Agency for Development Cooperation
62. NTBs Non-Tariff Barriers
63. NTFC National Trade Facilitation Bodies
64. AUC Organization of African Unity

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