Trade Measures and Regulations

It is an offense to sell or import for sale foodstuffs, cosmetics, or disinfectants described in a misleading or prohibited manner. However, using a geographical name to describe a foodstuff is allowed if it is a generally accepted term for that type or variety of product, and the product matches that description.

A person can avoid conviction for offenses related to foodstuffs, cosmetics, or disinfectants if they:

1. Prove Lack of Knowledge:
   - They believed or had reason to believe the product was not intended for human consumption or use.

2. Provide a Warranty:
   - They acquired or imported the product with a written warranty and had no reason to suspect it was prohibited.
   - They sold the product in the same condition it was acquired, without knowing or suspecting any issues.

3. Show Due Diligence:
   - They did not manufacture, import, pack, or treat the product and had no knowledge of any prohibited substances or contamination, having taken reasonable precautions to prevent such issues.

A person need a written permission from the Minister to import or export aquatic organisms. The Minister can set conditions for approval, inspect, and take action on the organisms, including quarantine or destruction if necessary.

The Minister is empowered to make regulations concerning the control and management of activities related to methylated spirit, including its manufacture, import, export, and sale. These regulations also cover the licensing of factories and individuals, as well as the maintenance of records for these activities.

A wholesale license-holder must:

1. Respond to Ministerial Notices: Provide requested information to the Minister about dangerous situations, storage of petroleum products, and any other details required for effective regulation.
   
2. Annual Reporting (due by February 28 each year):
   - Report the total quantity of imported and exported petroleum products, specifying types.
   - For imports, provide the source; for exports, include customer details and destination country.
   - List all ports used for import and export.
   - Report the CIF price of petroleum products in Namibian dollars at the time of import.
   - Provide details on all storage facilities, including location, capacity, ownership, and shared use.
   - Detail all retail outlets and consumer installations supplied, including names, locations, and quantities.
   - Report any non-retail persons supplied with petroleum products.
   - Inform about any changes to previously reported information, not requiring a license amendment.

The Minister reviews applications for import permits under regulation 2 and may either grant or reject them, issuing the permit in Form AP 2 if approved. The permit is valid for the period specified on it, after which a new permit must be applied for if the holder wishes to continue importing.

A person who dishonestly obtains access and benefit-sharing agreements, illegally possesses or exports biological or genetic resources or traditional knowledge, faces a fine of up to N$150,000 or imprisonment for up to 10 years, or both, and may also be required to repair environmental damage caused by their offence.

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.