Measure

The Permanent Secretary is authorized to designate specific places, routes, and facilities for the entry, exit, and transit of goods and people in Namibia, as well as to set conditions and operating hours for these locations. Additionally, any designated areas must be used exclusively for their intended purposes, with possible provisions for accommodating customs officers if required.

6.

(1) The Permanent Secretary may, subject to such conditions as he or she may specify, by rule designate or prescribe -

(a) places to be places of entry for Namibia, through which places goods may be imported or exported or where goods may be landed for transit or coastwise carriage, where foreign-going ships may call, where persons entering or leaving Namibia may disembark or embark, or where goods may be entered for customs and excise purposes;

(b) the roads or routes (including railways) with or by which persons may enter or leave Namibia, or imported goods or goods intended for export or transit carriage may enter or leave Namibia or may be carried from any one point to any other point, or the means of carriage of such goods;

(e) places to be customs and excise airports at which aircraft entering Namibia shall first land, from which aircraft leaving Namibia shall finally depart, through which goods may be imported or exported or where goods may be landed for transit or coastwise carriage, or where persons entering or leaving Namibia may disembark or embark;

(f) places, at customs and excise airports contemplated in paragraph (e) or at designated places of entry, for the landing or embarkation of persons and the landing, loading or examination of goods (including baggage);

(g) sheds as transit sheds into which goods, before due entry thereof, may be removed from a ship, aircraft or vehicle;

(h) entrances and exits, general or special, to or from any dock or wharf area or customs and excise airport;

(i) container terminals where containers may be landed for transit, coastwise carriage, delivery to a container depot or, after the contents of the containers have been duly entered, delivery to importers, or where containers may be shipped for export;

(j) places where container depots may be established for the storage, detention, unpacking or examination of containers or the contents of containers, for the delivery to importers of the contents of containers after such contents have been duly entered, or for the packaging of containers for export; and

(k) the hours during which any place, road, route, shed, entrance or exit designated or prescribed under any paragraph of this subsection may be used for the purposes specified in such paragraph.

(2) Any place outside Namibia may in writing be deemed by the Permanent Secretary to be a place of entry for Namibia through which goods may be imported or exported, where goods may be landed for transit or coastwise carriage, or where goods may be entered for customs and excise purposes.

(3) If any place, road, route, means of carriage, shed, entrance, exit or container terminal, as the case may be, has been designated or prescribed by the Permanent Secretary under any paragraph of subsection (1), only such place, road, route, means of carriage, shed, entrance, exit or container terminal so designated or prescribed may, subject to subsection (4), be used or employed for the purposes for which it have been so designated or prescribed under any paragraph of subsection (1), and if any hours have been prescribed under paragraph (k) of subsection (1) during which any place, road, route, shed, entrance, exit or container terminal referred to in that paragraph may be used, such place, road, route, shed, entrance, exit or container terminal shall be used during such hours only.

(4) The owner or occupier of a transit shed designated under this section shall, notwithstanding subsection (3) and if so requested by the Commissioner in writing, for such period of time and subject to such conditions, including conditions relating to reasonable compensation, as the Commissioner may in writing determine, provide accommodation for any officer whom the Commissioner deems necessary to station at such shed.

Places of entry or exit in terms of international agreements with Southern African Customs Union member states or adjoining countries

6A. (1) The President may enter into an agreement with the government of a Southern African Customs Union member state or other country adjoining Namibia, to provide for -

(a) joint, one-stop or side by side places of entry or exit for Namibia and that state or country;

(b) a place of entry or exit for Namibia alone at a location in that state or country; or

(c) a place of entry or exit for that state or country alone at a location in Namibia.

(2) The Permanent Secretary, in accordance with an agreement contemplated in subsection (1) and subject to the approval of the Minister, may -

(a) designate a joint, one-stop or side-by-side place or a place in the state or country contemplated in subsection (1), as a place of entry or exit for Namibia;

(b) determine -

(i) the purposes for which the place, contemplated in paragraph (a), may be used as a place of entry or exit for Namibia; and

(ii) the days and hours of operation during which the place may be used for the purposes contemplated in subparagraph (i); and (c) prescribe procedures and conditions to be complied with and the information to be exchanged for the implementation of an agreement contemplated in subsection (1).

(3) The Permanent Secretary, in accordance with an agreement contemplated in subsection (1) and subject to the approval of the Minister, may designate a joint, one-stop or side-by-side place or a place in Namibia, as a place of entry or exit for a state or country contemplated in subsection (1) -

(a) by allowing the place to be used by the state or country as a place of entry or exit in accordance with the legislation of that state or country -

(i) through which vehicles may pass from or to that state or country;

(ii) through which goods may pass from or to that state or country;

(iii) where goods may be declared and processed for that state or country’s custom purposes;

(iv) through which persons may pass from or to that state or country; and

(b) by allowing customs officials of that state or country, at the place -

(i) to carry out customs procedures and customs controls in respect of goods and persons in accordance with the legislation of that state or country; and

(ii) to apply and enforce the legislation of that state or country.

(4) If the place of entry or exit for Namibia is at a location in the state or country contemplated in subsection (1), that state or country must have provisions similar to the provisions in Namibia’s customs controls and customs procedure to allow the customs and excise office to operate in that state or country.