Procedure

AGENCY: LIVESTOCKAND LIVESTOCK PORDUCTS BOARD OF NAMIBIA (LLPB)

3.3.1 Application for livestock import permit.

3.3.1.1 Any person applying for permit to import livestock which falls within the definition of controlled products under the Meat Industry Act, Act No. 12 of 1981 must:

(a) be a registered producer evidenced by a Meat Board registration number;

(b) complete the prescribed application form and supply all required details on the such form;

(c) Attach required2 documentation to the application form and;

(d) Pay the prescribed levies as determined by applicable notice in the Government Gazette.

3.3.2 Manner of submitting an application for livestock import permit

3.3.2.1 An application for a Meat Board permit to import livestock shall only be applied for at the Meat Board Head Office at the Trade and Marketing Division or through Agents appointed by Meat Board. An application for the importation of livestock shall be lodged in any of the following ways:

(a) through a physical visit and due completion of the prescribed application form by an authorised representative of the importer;

(b) through an acceptable and traceable electronic means of communication submitted to an authorised official of the Meat Board of Namibia including but not limited to email and fax;

(c) The application form must stipulate the quantity and type of livestock required to be imported (cattle, sheep, goats, or pigs) and the purpose of such animals (breeding, farming, etc. and other required attributes – tolly, heifer, cow, bull, etc)

(d) The application form shall include details of the name, address and contact details of the importer, the border or port to be used as well as the loading station by the location of livestock such as farm name and district (or province) in the exporting country as well as similar details of the exporter;

(e) Any electronic interface between the Meat Board and applicants shall serve as an equally valid platform of submission. However, WhatsApp and similar social media platforms shall not serve as official communication channels for the purpose of submitting an application for importation of livestock;

(f) An application for import of livestock shall be lodged at least 48 hours before the date envisaged for the undertaking of such import. The burden of ensuring that the application has reached the relevant authority shall rest with the permit applicant;

(g) The application for a permit to import livestock shall be deemed complete if and once all the required documents have been attached to the prescribed application form and that application form has been effectively submitted to the Meat Board by the applicant or their authorised representative(s);

(h) The approval of the Meat Board shall not be pre-empted by moving livestock to the border before Meat Board approval;

(i) No livestock shall be imported from any destination without a Meat Board permit being obtained in advance of such import;

(j) Only Namibian (natural and juristic) persons may import controlled products into Namibia. A foreign person wishing to import products on transit basis in Namibia may use a generic producer number provided by the Meat Board. For the purpose of this provision, a Namibian registered corporate entity registered under the Close Corporations Act, Act No. 26 of 1988 and the Companies Act, Act No. 28 of 2004 shall be regarded as a Namibian irrespective of the extent of shareholding by foreign entities.

3.3.3 Assessment of Applications

3.3.3.1 Permit applications shall be approved upon the following conditions:

(a) The full completion of the application form with the signature of the applicant or their authorised representative(s);

(b) The attachment of a valid veterinary import permit issued to the importer by the DVS of the Ministry of Agriculture, Water and Land Reform in Namibia specifying the name and address of the importer and exporter and the nature and quantity of livestock to be imported and certifying that the consignment meets health requirements for the purpose of import;

(c) The attachment of an effective proof of payment of all applicable Meat Board levies where the applicant does not have an account or where the applicant’s account is not in good standing. The effectiveness of the proof of payment must be confirmed with the Meat Board Finance Division.

(d) The applicant must not have been suspended or de-registered on any producer number to which they are connected;

(e) The invoice pertaining to the livestock transacted must be in the name of the importer and all other documentation relating to the transaction must be in the same name;

(f) Pro-forma invoices relating to the consignment must be attached as a basis for the payment of levy. However, the final assessment of levies will be based on actual invoices.

(g) Where the Meat Board is of the view that the invoices are not a true and correct reflection of the value of the livestock, the Meat Board shall apply the higher of the standard value and the invoice or pro-forma invoice. However, this alternative shall not prevent the Meat Board from taking any further investigative and corrective steps to obtain the appropriate information or estimate on the value of livestock;

(h) The permit shall be subjected to a validity period of thirty (30) working days from the date of issue and; (i) The invoice for the purchase of livestock must be attached to the prescribed application form for the purposes of determining probable the nature and value of animals in order to apply appropriate levies under the Meat Industry Act, Act No. 12 of 1981.

3.3.4 Collection of issued livestock permits

3.3.4.1 It is the duty of the exporter of livestock to ensure that the Meat Board Export permit is collected from the Meat Board or its authorised representative(s) before loading the consignment of livestock. The collection of permits from the Meat Board shall be done in the following manner:

(a) Physical collection by the permit holder or their authorised representative(s) at the Meat Board

(b) Sending an authorised courier service company to the Meat Board to collect the permit(s)

(c) A scanned permit shall not be counted as a valid permit for the purpose of import of live animals as Border Management will require the original permit. This places the important responsibility of ensuring that the driver of the vehicle conveying animals should be in possession of a permit as contemplated in section 10 of the Meat Industry Act, Act No. 12 of 1981 (as amended).

(d) Where a permit is issued in urgent circumstances while a vehicle is stopped at the border, the Trade Division shall provide a scan of such permit to Border Management and the official stationed at the respective border but shall make available the original for collection by Border Management when required.

(e) A consignment that is stopped at the border on account of permit discrepancies or the absence of a Meat Board permit shall be released at the discretion of Border Management in consideration of circumstances including legal compliance with a view to facilitating trade and avoiding negative implications on animal welfare.

3.3.5 Receipting of livestock import permits

3.3.5.1 The receipting of livestock import permits shall be done in the following manner:

(a) Upon arrival at the point of entry (border), the driver of the vehicle conveying livestock shall produce a valid Meat Board livestock import permit

(b) The Meat Board official at the border shall verify that the permit is designated for such border and that the nature and quantity of livestock loaded on the vehicle is corresponding. A permit receipt shall not be issued for any quantity of livestock exceeding that which is specified on the issued permit and a substitution of the nature of livestock shall not be permitted;

(c) The Meat Board official shall cause an electronic entry of the nature and quantity of livestock actually imported consequent from a physical verification of livestock and issue a Permit Receipt from the Meat Board Producer System (MPS) accordingly;

(d) Where the MPS is not accessible for any reason, a physical permit receipt shall be issued to the importer upon verification of consignment;

(e) The border official shall also verify all other details of the importer and the consignment to ensure compliance with permit conditions (printed overleaf the permit);

(f) The Border official shall perform a manual entry on a border control sheet and file all the documents on that record for onward weekly transmission to Border Management at Head Office.

3.3.5.2 The border officials shall prepare a border control sheet with all entries at the end of the month specifying the name of importers, permit numbers, actual quantities imported, their loading and destination districts and locations as well as the name of the border official.

3.3.6 Cancellation of Livestock Import Permits

3.3.6.1 A livestock import permit held by the exporter is the property of the Meat Board of Namibia and shall be cancelled in any of the following cases:

(a) Where the importer has changed their intention to undertake the import due to any reason and notifies the Meat Board to effect cancellation before the expiry of the permit. In such circumstance, the full amount of levies paid shall be refundable;

(b) Where it comes to the attention of the Meat Board that wrong, false, inappropriate or improper information whatsoever was the basis of the permit issuance;

(c) Where a permit has not been utilised within the validity period and the importer has not indicated the intention to extend the validity period of the permit before the expiry of such permit. In such circumstance, the levies paid in respect of such permit shall be forfeited to the Meat Board;

(d) Where the permit holder’s conduct violates any permit condition;

(e) Where a ban on livestock imports has been imposed by the DVS in Namibia or an equivalent authority in the exporting country for any reason and Meat Board permits have not yet been used at the time of the ban;

(f) Where the assessment of a veterinarian indicates that one or more of the animals in the consignment may pose a health risk if imported into Namibia.

3.3.6.2 The Meat Board may refund the permit holder such funds as may be deemed equitable upon cancellation of a permit provided such permit has not yet expired.

3.3.7 Amendment of Livestock Import Permit

3.3.7.1 A livestock import permit is issued based on the information available at the time of raising and assessing the application. An amendment of a permit shall be effected by resetting the permit on the MPS. A permit may be amended in the following circumstances:

(a) Where any detail except the producer number and species (cattle, sheep, goats, pigs, etc.) of the permit needs to be corrected in accordance with the change in intention or circumstances of the permit holder;

(b) Where a mistake in the particulars of the permit does not in the opinion of the Meat Board warrant the cancellation of the permit but can be merely corrected;

(c) Where a date extension is required, provided the permit has not expired and the permit has not yet been cancelled.

3.3.8 Invoicing of permits

3.3.8.1 Once livestock import permits and permit receipts have been remitted by Border Management to Head Office, they shall be invoiced by the Finance Division of the Meat Board of Namibia in accordance with Standard Operating Procedures for Levy Management determined by the Finance Division from time to time. The invoice shall be based on the actual quantities receipted in accordance with the existing standard values published annually by the Meat Board of Namibia.

3.3.8.2 Any shortfall in the amount paid based on pro forma invoices shall be corrected on receipt of the tax invoices accompanying the livestock import permit and permit documentation from the border. The importation of stud and breeding animals have special significance in invoicing and shall not be merely invoiced as normal animals at the existing standard values unless the standard value is the highest figure compared to the invoice value and no means exist to obtain a reasonable estimate of the appropriate figures.