Trade Measures and Regulations

If a foodstuff, cosmetic, or disinfectant in a sealed package does not comply with the Ordinance, the person identified on the label as the importer, manufacturer, or packer is presumed responsible. They can be convicted unless they prove:

1. They did not import, manufacture, or pack the article.
2. The non-compliance occurred due to decay or changes beyond their control after the article left their possession.

However, this presumption does not absolve them from liability for selling the non-compliant article.

The Minister has the authority to create regulations necessary to achieve the goals of the Act. These regulations can cover various aspects, such as health certification for aquatic organisms, disease control, and the regulation of import, export, and sale of aquaculture products.

A person cannot import animals, animal products, or restricted materials through Namibia unless they have a special permit. Even with a permit, they cannot import these items if they are known or suspected to be infected, and the permit must specifically allow the importation of infected items.

Anyone planning to import animals, animal products, or restricted materials into or through Namibia must notify the Chief Veterinary Officer in advance and obtain a health certificate from the exporting country's authorities.

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 customs authority must check if goods need an export levy, calculate the amount if required, and either accept the self-assessment or make its own assessment of the levy.

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.

The customs authority can re-assess the export levy on goods at any time, regardless of their export status or whether payment has been made. If the re-assessment results in a higher levy, they will recover the extra amount; if it's lower, they will refund the excess and notify the exporter in writing.

Export levies, interest, or penalties must be paid in Namibian Dollars, but the customs authority can accept foreign currency equivalent, and payments should be made electronically, with cash only as a last resort.

An exporter can file a written objection to an assessment or re-assessment with the Commissioner within 90 days of the assessment date. If the objection is late, the Commissioner will only consider it if there are valid reasons for the delay; otherwise, the assessment is final.