Trade Measures and Regulations

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.

Individuals can import up to 200kg of grains per month for personal use without needing an import permit, but the consignment will be recorded by border inspectors. For commercial imports of 250kg to 500kg per month, an import permit is required, and such imports are not allowed during close border periods.

Upon arrival in Namibia, the master or pilot of a ship or aircraft must declare all sealable goods on board and personal property, which may be sealed by the Controller, with exceptions allowed under specific circumstances and written permission required for landing stores.

No person other than the lawful holder of a permit granted by the Minister shall sell, donate or export or remove from Namibia, any protected plant: Provided that the owner of a nursery licensed under section 75 may without such permit sell or donate and export and remove from Namibia any protected plant cultivated on the premises of such nursery.

A certificate may allow the holder to keep foreign currency earned from exports outside Namibia, without needing to repatriate it or offer it to the Bank of Namibia.

Importing seeds into Namibia is regulated with strict conditions. A person may not import seeds unless they meet specific criteria, such as being of a registered variety, complying with prescribed standards, being properly sealed and labeled, and entering through a designated port. Importation of seeds under different denominations, or of certain prohibited classes, is also restricted.

However, the Registrar may allow exceptions in writing under specific conditions. The Minister may designate certain seeds that require a special permit for importation. Importers must provide the Registrar with details about the seed consignment and cannot remove the seeds from the port without authorization.

Imported seeds may need to be presented for examination and sampling as directed by the Registrar. These regulations do not apply to seeds intended for non-cultivation purposes or immediate export, but a declaration must still be provided to the Registrar.

If seeds are imported in violation of these regulations, the Registrar can order their destruction or removal at the importer's expense, or permit their disposal under certain conditions. Violations can result in fines up to N$10,000, imprisonment for up to 12 months, or both.

No one is allowed to conduct retail business or move goods from an export processing zone without written permission from the Minister, in consultation with the Minister of Finance.