Trade Measures and Regulations

The Minister may require proof of compliance with health certificate requirements or other requirements before issuing an export permit or special clearance for aquatic organisms and may approve, conditionally approve, or refuse the application based on that compliance.

The Minister must consider an import permit application based on a risk assessment and can either approve it, approve it with conditions like quarantine or health testing, or refuse it.

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.

The Minister, after consulting with the board, can announce rules in the Gazette to ban or limit the import or export of certain controlled products. These rules may include conditions, such as requiring a permit from the board, with an option to appeal to the Minister.

The ordinance prohibits the sale, manufacture, or importation of certain foodstuffs, cosmetics, and disinfectants that do not meet specified safety and quality standards. Offenses include selling items containing prohibited substances, failing to comply with prescribed composition and purity standards, or offering contaminated products. The sale of any foodstuff that has been altered to deceive consumers regarding its quality or nutritional value is also prohibited. Exceptions exist for substances necessary for safe manufacturing that do not mislead consumers.

False advertising and misleading descriptions related to these products are offenses under the ordinance, but generic geographical names can be used if they accurately represent the product. Special defenses allow individuals to prove they believed their products were not intended for human consumption or that they acquired them under warranty. Liability is placed on the importer, manufacturer, or packer for non-compliance unless they can demonstrate otherwise.

Imported products may be detained for analysis, and if found non-compliant, they may be confiscated or returned. The ordinance can also be applied to imported articles intended for other jurisdictions, with the Executive Committee able to adjust regulations as necessary.

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.

The registrar may either refuse or grant an application for an import or in transit permit, issuing it in the specified forms, with the permit's validity limited to the period indicated, after which reapplication is necessary if importation is still desired.

The time of supply for goods is considered when they are removed from the export processing zone or when import tax is paid, and their value is the total of the import value and tax.

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.

To import feed-grade horticultural products for animal feed, an importer must obtain a trade import permit from the NAB and pay the required fees. The permit will only be issued once payment proof is provided, and the product must not be used for human consumption. NAB inspectors will verify the import at the border and conduct inspections, with costs covered by the importer.