Trade Measures and Regulations

A person who intends to apply for a permit referred to in section 29(15)(b) of the Act for the exportation of a specified Schedule 3 substance; or section 29(23)(b) of the Act for the exportation of a Schedule 4 substance.

To export seeds from Namibia, a person must have a certificate from the Registrar authorizing the export. The application for the certificate must be made in the prescribed manner and include the required fee. The Registrar may inspect, sample, and test the seeds before granting the certificate, and the applicant must pay for these services. The Registrar can prohibit the export if deemed necessary. Exceptions exist for seeds intended for non-cultivation purposes or small quantities. Violating these regulations can result in a fine up to N$10,000, imprisonment for up to 12 months, or both.

Meat or meat products from certain animals can only be exported to specific countries if they meet strict processing and storage requirements at approved facilities. If the Director finds that these products contain prohibited substances or do not meet the necessary conditions, they cannot be exported.

No one is allowed to export diamondiferous concentrate from Namibia without a permit, unless acting under a lawful agreement with the permit holder. Any unpolished diamonds recovered from the exported concentrate must be returned to Namibia within the period specified in the permit. Violating these regulations can result in a fine of up to N$1,000,000, up to 20 years in prison, or both.

The provision allows existing contracts related to the advertising of tobacco products and the organization, sponsorship, or promotion of activities by tobacco companies in Namibia to remain valid for up to six months after the enforcement of the Act. This applies to any agreements that were binding as of the Act's effective date. However, there are conditions outlined in subregulation (2) that may affect this continuation.

Any person entitled to export unpolished diamonds from Namibia must pay a 10% duty on the diamond's value before it is released by the Minister. This payment is split between the Diamond Valuation Fund and the State Revenue Fund. Those who pay this duty are exempt from paying royalties under the Minerals Act. However, no duty is required if it has already been paid or if the diamond was not recovered in Namibia. The Minister may remit, refund, or defer duty payments under certain conditions, and must report all such actions to the National Assembly annually.

When an inspector takes a sample for analysis of any foodstuff, cosmetic, or disinfectant at an import harbor:

1. Detention: The sample and all similar items in the consignment are generally detained at the harbor until the analysis is complete.

2. Removal: With the Director's approval, the items may be removed if the owner provides a guarantee that they will not be sold or otherwise dealt with until the analysis is complete. If the items are deemed non-compliant, they must be returned or disposed of as directed by the Director.

3. Director’s Actions: Based on the analysis results, the Director can:
   - Confiscate and destroy the items.
   - Return them to the import harbor or their place of origin.
   - Allow importation under specific conditions.
   - Dispose of them in another manner as specified.

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.

If ISO containers can’t be delivered to the consignee within three days after the vessel unloads them, they will be moved to a licensed depot at the cost of the container operator, importer, or vessel owner, and Namport will not be liable for these containers.