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Zambia legislation

Control of Goods (Import Declaration Fee) Regulations, 1997

These Regulations may be cited by the stated name and are said to come into effect on 1 February 1997. This section defines several terms used in the Regulations. These Regulations apply to goods…

appealsassessmentsauditbank registrationbank reportingBanking and financebusiness contact detailsbusiness nameBusiness registrationcontact informationcustomscustoms clearancecustoms refunddocument submissiondriving licencesfee assessmentfee calculationfee refund applicationsfeesforms administrationgoods declarationgoods releaseimport declaration feeimport declarationsimport documentationimport proceduresimport transactionsimport valuationimporterimportsinspectioninterestBusiness registrationlogisticsmail deliverypaymentpayment evidencepayment offsetspayment timingpenaltiesrefund applicationsrefund claimsregulatory complianceshipping
Jurisdiction
Zambia
Structure
32 provisions
Citation
SI 20 of 1997
Dates
As at 31 Jan 1997
More statute details
Dates
As at 31 Jan 1997

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01

Purpose and legislative effect

“These Regulations may be cited by the stated name and are said to come into effect on 1 February 1997.”

These Regulations may be cited by the stated name and are said to come into effect on 1 February 1997. This section defines several terms used in the Regulations. These Regulations apply to goods imported on or after 1 February 1997. For goods imported before 1 March 1997, the fee may be paid to a customs officer at the time of import. An importer must complete and submit an import declaration form to a commercial bank before importing the goods. Importers must file a completed import declaration form with a commercial bank in four copies, and the bank must assign a reference number and handle notice and copy distribution requirements.

02

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Section 20

This provision asks for several shipment details to be completed on the form, including departure time, payment conditions, country of origin, and whether the goods qualify for Preferential Trade Area treatment.

Section 20

04

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Source record from zambialii.org · As at 31 Jan 1997

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Showing 32 of 32 provisions

Provision 30Offence 2
§ 1These Regulations may be cited as the Control of GoodsProvision

These Regulations may be cited by the stated name and are said to come into effect on 1 February 1997.

1. These Regulations may be cited as the Control of Goods (Import Declaration Fee) Regulations. 1997, and shall come into effect on the 1st February, 1997.
Section 1Verify source
§ 2Section 2Provision

This section defines several terms used in the Regulations.

2. In these Regulations, unless the context otherwise requires-- " Commissioner-General " shall have the same meaning as assigned to it in the Zambia Revenue Authority Act; " goods "means imported goods of a value in excess of five hundred United States dollars, unless otherwise provided for under the Act; " import "means the releasing of goods from customs control; " importer " means an importer of goods; " officer" shall have the same meaning as assigned to it in the Customs and Excise Act. Tille and commcncc­ mcnl Intcrprcta­ Lion Cap. 321 Cap. 322
Section 2Verify source
§ 3(I) These Regulations shall apply to all goods imported on or ApplicationProvision

These Regulations apply to goods imported on or after 1 February 1997. For goods imported before 1 March 1997, the fee may be paid to a customs officer at the time of import.

3. (I) These Regulations shall apply to all goods imported on or Application aftcr the I st February, I 997. (2) For goods importedprior to the !st March, 1997,the fccmay be paid to an custom officer at the time of import.
Section 3Verify source
§ 4(I) An importer shall, before importing the goods, be re­Provision

An importer must complete and submit an import declaration form to a commercial bank before importing the goods.

4. (I) An importer shall, before importing the goods, be re­ quired to complete and submit an import declaration form lo a commercial bank, which shall determine whether a fee is payable by the importer in respect of th� goods. Value of goods to be calculated in dollars (2) A commercial bank 10 wliii:h 'an import declaration form is submitted shall, so as to determine whether the fee is payable by the importer in respect of the goods, convert the value of the goods to be imported into United States dollars at the rate prevailing at the commercial bank.
Section 4Verify source
§ 5(I) An importer shall submit, to a commercial bank, a comProvision

Importers must file a completed import declaration form with a commercial bank in four copies, and the bank must assign a reference number and handle notice and copy distribution requirements.

5. (I) An importer shall submit, to a commercial bank, a com- pleted import declaration form' �s set out in the First Schedule, in for payment four copies. Procedure Copies__{)/ 1his Statutory lnslrumen1·00n be oblained from the Governmenl Printer, P.O. Box 30136, 10100 Lusaka. Price K2,500 each. 66 Statutory Instruments 31st January, 1997 Computing the value of the transac­ tion (2) A commercial bank shall, upon receipt of an import decla­ ration form, allocate to it a separate reference number. (3) A copy of the pro-forma invoice or some other document from the supplicr ofthe goods to be imported, describing the goods and U1eir value, shall be attached to one of the copies of the import declaration form submitted to the commercial bank. (4) A commercial bank shall, within two days of computing the fee notify the Permanent Secretary of the Ministry responsible for commerce, trade and industry or its designate of the details of the import declararion form submitted to it. (5) When a commercial bank has determined the amount of a, fee, it shall retain one copy of the import declaration form and the other three copies shall be collected from the bank as follows: (a) the original and one copy by the importer; and (b) one copy, with the pro-form a invoice attached to it, by any person designated by the Minister.
Section 5Verify source
§ 6()) A commercial bank shall compute the value of theProvision

A commercial bank must calculate transaction value for goods using specified cost components, and an importer must pay a fee based on that calculated value.

6. ()) A commercial bank shall compute the value of the transaction in respect of any goods by adding the- (a) free on board value; (b) cost of transportation; (c) cost of the insurance policy; and ( d) cost of freight. (2) The Free on Board value of the goods shall include the value of.- ( a) export packing and handling; and (b) export documentation. (3) If a pro-forma invoice does not provide for the values of freight and insurance of the goods, such values shall be calculated as follows: ( a) freight shall be equal to twenty per cent um of the Free on Board value of the goods; and (b) insurance shall be equal to two per centum of the Free on Board value of the goods. (4) The fee payable by any importer shall be five pcr centum of the value of the goods computed under sub-regulation (1). 67 Bank to remit fee within seven days Rcquire­ mcms fur rclca,;e or imporlc. by an oniccr 31st January, 1997 Statutory Instruments
Section 6Verify source
§ 7AJ:ommercial bank shall, upon the receipt of the fee com­Provision

A commercial bank must remit the computed fee to the Bank of Zambia by the first working day of the following week after receiving it.

7. AJ:ommercial bank shall, upon the receipt of the fee com­ puted, remit the fee to the Bank of Zambia on the first working day of the following week after the commercial-bank's receipt of the fee. .
Section 7Verify source
§ 8(!) An officer shall release goods to which these regulationsProvision

An officer must release covered goods once customs requirements are met and the importer has submitted the required documents.

8. (!) An officer shall release goods to which these regulations apply when all applicable customs requirements have been com­ plied with and the importer has submitted- ' (a) the import declaration form bearing a reference number from the commercial bank that computed the fee in respect of the goods and receipted by the bank as evidence of payment of the fee applicable; and (b) such other applicable documentation as may be required by an officer. (2) The import declaration form shall be submitted to the officer under sub-regulation (I) in its original form. (3) Where there is need to submit a facsimile or photocopy of the original import declaration form, the copy shall be authenticated as a copy of the original by the Manager of the commercial bank that computed the fee. (4) Where an importer of goods fails to provide the required documentation evidencing payment of a fee, an officer shall com­ pute the fee payable from the available data and provisionally release the goods upon the payment, by the importer, of'a cash surety of not less than twice the amount of the fee owing. I '
Section 8Verify source
§ 9(1) A commercial bank to which a fee has been paid by anProvision

A commercial bank paid a fee by an importer may be audited within 12 months of the fee computation date.

9. (1) A commercial bank to which a fee has been paid by an importer may, within a period of twelve months of the date of the computation of the fee, be audited in respect o_[_the fee paid, by an officer. Auditing and ascssmcnl of bank (2) the auditing of a commercial bank referred to under sub­ regulation (1) shall be to determine whcther- (a) a fee was rcmiued to the Bank of Zambia within the time specified under regulation 6; or (b) the amount of the fee rcmillcd is not understated or otherwise incorrect. (3) Upon the completion of the audit of a commercial bank under sub-regulation (I), an assessment of the amount of the f cc that may be owing shall be made and shall become immediately payable by the commercial bank to a designated account at the Bank of Zambia.
Section 9Verify source
§ 10(!) An importer of any type of goods may, within a periodProvision

Importers can be audited within two years of importation, and they must pay any assessed fee; if exempt-goods importers resell goods outside the permitted areas, they must pay the applicable fee.

10. (!) An importer of any type of goods may, within a period of two years from the date of the importation, be audited in respect Auditing and assessment of importer 68 Statutory Instruments 31st January, 1997 of the goods imported and may have the goods, premises, docu­ ments, books and records, relating to the goods; inspected. (2) The auditing of an importer referred to under sub-regulation (I) shall be to detennine whether- ( a) a fee was required to be paid in respect of any goods imported; or (b) the correct amount of the fee has been paid in respect of the goods imported. (3) Upon the completion of the audit of an importer under sub­ regulation (1), an assessment of the amount of the fee that may be owing shall be made and shall beome immediately payable by the importer at the Bank of Zambia. 1 I. Where an importer of goods destined for approved­ (a) duty free stores; (b) Export processing zone enterprises; or (c) Manufacturing under bond enterprises: Payment of fee by exempt importer subsequently sells the goods or a product of such goods outside the areas specified for the sale of such goods within the Republic, such importer shall be liable to pay the applicable fee. Refund of fee
Section 10Verify source
§ 12(!) An application for the refund of a fee paid shall beProvision

Fee refund applications must be sent to the Commissioner-General on the required form, supported by the listed documents, and any approved refund is paid into the successful claimant’s bank account.

12. (!) An application for the refund of a fee paid shall be addressed to the Commissioner-General and be made on the fonn set out in the Second Schedule. (2) In addition to the grounds for the,refund of a fee provided under paragraph (a) and (b) of section three A of the Act, a fee may be refunded where- \ ( a) the goods were not imported due to cancellation of the transaction prior to any inspection of the goods or loss of the goods while in transit, before customs release: (b) the circumstances of the transaction ha�e changed signifi­ cantly so as to require the completio" and submission of another import declaration fonn;,.;, . • • ' 1 ,. .. ..; ,. ; ; ' '. . • ( c) the goods imported ;�ti; found,; "'.J!�i� \hirty �ays of import, to bc,deficlcnt' arid arc it>"bc 'returned 'io. the ·supphc,r; !Jf . _ - -· (d)-the' goods arc·rctuni� io the_ supplipr:from � bonded warehouse imdcr customs. control in their original state · of export. _:.�1' -• ; _ · ___ '. , � -� ;�� , ; - .. ("• • · . . •� -r , ;- .1 • , ·, , • · · · · . . • • . 31st January, 1997 Statutory Instruments 69 (3) A refund of a fee paid shall be made only where the claim is ' ' ' substantiated by- l (a) the importer's copy of the import declaration form; (b) the relevant customs clearance documents; and ( c) such other applicable documentation as may be ·required by an officer. (4) A refund of a fee shall be paid into the bank account of the successful claimant.
Section 12Verify source
§ 13An importer entitled to a refund may request theProvision

An importer entitled to a refund may ask the Commissioner-General in writing to keep the refund and use it against the fee for a later import.

13. An importer entitled to a refund may request the Commissioner-General, in writing, to retain the refund due and apply irto the fee of any 'subsequent import. Refund may be offset by subsequent import
Section 13Verify source
§ 14(I) An importer who wilfully splits orotherwise reduces theOffence

Importers who reduce transaction value to avoid the fee must have the goods audited and assessed, then pay the fee owing plus an extra 5% penalty.

14. (I) An importer who wilfully splits orotherwise reduces the value of the transaction so as to avoid the payment ofthe fee, wholly or in part, shall have the goods audited and assessed, by an officer to determine the fee payable. Evac;ion (2) An importer of goods that have been audited and assessed under sub-regulation (I) shall be required to pay the fee owing and shall be liable to pay an additional five per centum of the value of the transaction as penalty for the evasion.
Section 14Verify source
§ 15{I) An importer may appeal against an assessment madeProvision

An importer may appeal an assessment to the Commissioner-General within 30 days, and may appeal the Commissioner-General’s ruling to the High Court within 30 days.

15. {I) An importer may appeal against an assessment made under these Regulations to the Commissioner-General within a period of thirty days of the assessment. Appeals (2) An importer aggrieved by the ruling of the Commissioner­ General made under sub-regulation (1), may appeal to the High Court within a period of thirty days of the ruling.
Section 15Verify source
§ 16{I) A commercial bank that contravenes these RegulationsOffence

A commercial bank or importer that contravenes the Regulations must comply and may owe a payment penalty.

16. {I) A commercial bank that contravenes these Regulations shall be required to comply with these Regulations and shall be liable to pay interest on any fee it may have failed to remit, equivalent to the annualized nominal intr. ,t rates applicable to treasury bills. �Penalty for contraven­ tion (2) An importer who contravene� 'lhese Regulations shall be required to comply with thes�Regulations, and shall be liable to pay an additional five per centlirn·.of the value of the transaction. ·;' ' 70 Statutory Instruments 31s1January, 1997 See Guidelines Overleaf I. IDF No. FIRST SCHEDULE (Regulation 5) REPUBLIC OF ZAMBIA lMPoRT Dr.a.ARATION FoRM To BE CoMPLRTED BY IMPORlF.R
Section 16Verify source
§ 5Name and Particulars of Contact Person (Importer)Provision

This section is titled “Name and Particulars of Contact Person (Importer)”.

5. Name and Particulars of Contact Person (Importer)
Section 5Verify source
§ 30I/We declare that the above particulars are·true and correctProvision

Import documentation must be completed, registered, and submitted in the required copies; incomplete or inaccurate forms may be rejected.

30. I/We declare that the above particulars are·true and correct Date: Name: Signature: FOR USE BY REMITTING BANK: BRANCH.STAMP DATE: □F V Al.OE IN FOREIGN CURRENCY: FOREIGN CURRENCY AND RATE: CIF VALU!i IN LoCAL CURRENCY: IDF FEE PAID: 31st January, 1997 Statutory Instruments 71 IDF Guidelines An IDF should be completed and registered immediately upon confirmation of the import order. Any delay in Customs clearance resulting from a delay in registering the IDF will be Lhe responsibility of the importer. IDFs may be presented to any participating commercial bank for registration and for payment of a foe calculated at the ex.change rate prevailing on the date of presentation lO the bank. The importer shall submit4 copies of the IDF, completed in a clear and legible manner. Incomplete or inaccurate IDFs will be rejected. Distribution Imponcr­ two (2) copies (original to importer, �o be pr9scnted with the customs entry), commercial bank - one (1) copy, PSI company - one (1) copy. A copy of a proforma invoice is required to be atLached to the original and the PSI company copies of lhe IDF. The commercial bank, once the IDF is registered, will forward the PSI copy and attachC9 proforma invoice to the PSI company. Changes in details of the IDF such as change in country of supply, sellers name, value, cLc., arc Lo be forwarded to the PSI company. Box Noles on IDF completion
Section 30Verify source
§ 1This box is reserved for participating banks to enter the IDF registrationProvision

Participating banks may use the form box to enter the IDF registration number when processing the form.

1 . This box is reserved for participating banks to enter the IDF registration number when processing this form.
Section 1Verify source
§ 2The legally registered name of your company or other type of business entityProvision

Enter the legally registered name of the company or business entity; if you are an individual, enter your surname first.

2. The legally registered name of your company or other type of business entity or if you are an individual be sure to enter your surname first.
Section 2Verify source
§ 5The name of the person to be contacted in case of a queryProvision

The provision requires the name of the person to be contacted for any query.

5. The name of the person to be contacted in case of a query.
Section 5Verify source
§ 8The full name and address of the seller. ·Provision

The provision lists seller contact details: full name and address, the general telephone number for the seller’s place of business, and any fax number.

8. The full name and address of the seller. · 9, 10. The general telephone number for the sellef's place of business and fax number (if any). 1 1
Section 8Verify source
§ 13Section 13Provision

The provision identifies the country or customs locations relevant to inspection, entry into Zambia, and payment of duties and taxes.

13. The country where the goods ·are located and available for pre-shipment inspection, where necessary. The Customs port through which goods will enter Zambia. The Customs point where the duties and taxes, if any, will be paid for their release.
Section 13Verify source
§ 14Section 14Provision

The provision lists transport modes: sea, air, road, postal, rail, and courier.

14. Transport Mode: sea; air;.road: postal; rail; courier. IS.
Section 14Verify source
§ 20Section 20Provision

This provision asks for several shipment details to be completed on the form, including departure time, payment conditions, country of origin, and whether the goods qualify for Preferential Trade Area treatment.

20. Estimate time of departure from the country of export to Zambia. Conditions of payment for the transaction. The country where the goods were made or originated from. Indicate in fu11 words: cons�mption, bonded warehouse, etc. Check the box that indicates whether the goods are entitled Preferential Trade Area treatment.
Section 20Verify source
§ 28Section 28Provision

The declaration must be signed by an authorised person.

28. E.g. export packing and handling, expon documentation, etc. Hannonised System Code used by customs for goods classification. As precise quantity as possible. Please ensure the declaration is signed by an authorised person. An authorised person is a proprietor, partner, or an individual duly authorised by the organisation or company. ··- 72 Statutory Instruments 3 1 st January, 1 997 SECOND SCHEDULE (Regulation 12) IMPORT Di:.ct.ARATION FEP. R1.-FUN0 A-ID!:N11HCATION VAT Registration number I I I I I I I I I I Legal Name of lmpc>rtcr (last Name if an individuaJ) Period covered by claim From I I I I To I I I First Name and Initials (Individuals only) Mailing Address (P.O. Box No. or Private bag Number) City Telephone I FAX Location of Business Address (Number, Street, and Apartment nwnhcr) City Contact Person 8-REASON FOR REFUND REQUEST Telephone I FAX Reason Cpdc D (Enter appropriate Reason Code) 2 3 4 C- REPUNIJ COMPUTATION ;;��!i���ifhlliij;;; Fee paid by Mistake Goods subject to drawback Cancellation of order Goods lost in transit 5 6 ' 7 8 Significant change in circumstances Goods were exported as not according to order Exported in a new and unused condition Other Amount of-fee pa}d subject to drawback (auach separate calculation), _ · ; . � t�rl _______ ---, orrespo , , . , � g1strauon o .. _ _ ____ _ � ( ,·, Amount approved for ref und, ___ Amount Refundable/Due _____ -1 D-CP.RTIF1CA110N C .
Section 28Verify source
§ 1The information on· this application, including accompanying documcnt(s), if any, isProvision

The person making the application must say the information in the application, and any accompanying documents, is correct and complete to the best of their knowledge.

1 . The information on· this application, including accompanying documcnt(s), if any, is correct and complete l'? >��e best of my knowledge.
Section 1Verify source
§ 2The� ammmt clairped has not previously been refunded to meProvision

The text says an amount claimed has not previously been refunded to the speaker.

2. The� ammmt clairped has not previously been refunded to me.
Section 2Verify source
§ 3Thi� cl�im f.o�:Wtl,9i.� � subject to verification and any other books, or records a,;; may beProvision

Refund applications must be filed within 2 years, signed, and supported by the required documents; importers may only make one refund application per calendar month.

3. Thi� cl�im f.o�:Wtl,9i.� � subject to verification and any other books, or records a,;; may be required are arai.1� b(e.;(or ,inspe.ction. , 31st January, 1997 Statutory Instruments 73 BANK INFORMATION The net amount after any offset claimed on this application shall be deposited by lhe Ministry of Finance to the bank account of the applicant. \ , BanJc Details Name of BanJc Full Mailing Address of BanJc Telephone Number Fax Number Account Nwnber for refund to be deposited to Nanas Where applicable attach a detailed caJculation used to compute your application for refund. An application for a refund must be filled within 2 years from the date of the event giving cause for the refund. Not more than one application for a refund may be made by an importer in a calendar month. Copies of all documentation relevant to the refund must be attached. An authorised representative of the importer must sign the applic.ition for refund. Unsigned applications wil1 be returned. In those situations where the importer requests an offset against the fee payable on another IDF for the import of goods, the property compleLed IDF and proforma must be allachcd along with a brief lctlerrequesting the offset. Every effort will be made to process the refund and offset it against the applicable fee promptly, however, importers must attach all documentation necessary to verify the amount of the fee that is refundable. } I A. S. Hambayi, Minister of Commerce, Trade and Industry Lusaka 30th January, 1997 [MCTI.102/21/2] 31st January, 1997 Statutory lnstrument,f 61 Al'l'ENDIX FIRST SCHEDULE (Regulation 3) SECOND SCHEDULE oJRBhi)!'!�/;;l�EN<;l'i '. ·•· • 1>,CARTA,•iDE,,,,CONOUCAO ��C�d;:_ ""-• -�.$��t�i.' ��- ·· ·-. Lie . . R��tr'. . . "(-z. ��<��� ... .. SA · •-.w , · · .. · · ····· --· .•.. : .. ' oc .. , .• ,, ' "''· Restr. a Carta '. · Data 15/09/88 01/1 0/89 08/08/93 17/01/91 / 560123 PEDRO Cod1go A B C1 EC 03 RG Val!dity Period. Penode de Vahdade 0 0 4 1 02 123456789012 5 1 1 7 888 12196 • 12101 .'�t;-;;Jf,: I . . . . Persona(/Res • :. '•· 1 z'f:; : ; · .:Pessoa,$••• • ' .. ,:. ·· . Restr. a· . -,., - ��:iing Permit P,G �:} �fairy doDa�liclade 1 2/98 IMi • (FRONT) DON'T DRINK ic AND DRIVE. . ..... PERSON.Al. RESTRICTIONS PrOP CATEGORIES P Pauenge� G Good• H HazardCllS 1 ::ilasses/Conlad lenses 2 Artificial limb C1 !1!!!il C _.,a;;:,,_ ,s 35001<Q •o-� G\/M .:s 750 Kg GVM:s 16000 Kg ::wT·: r-.;• GVM > 1Em> Kg (BACK) 4 62 Statutory Instruments \ 31st January, 1997 \ FORM D.L. 8 (Regulation S) - 'DRIVING : LICENCE :,.. ��CAATA')DE{,'c:6t.iriucAO . , -C�d�' · . . b�te . . . . . u�. Restr . -Z.P.M& IJ>. .. . :: > ::• ::i•: , \"i'SAr:ic::,:,, :,;,,'/ (l; ;,·, \: Restr. a Carta . Cod1go A B C1 EC Data 15/09/88 01/1 0/89 08/08/93 17/01/91 0 0 '·-;' '-. 4 1 � 123456789012··. ' . / 560 1 23 5\�888 03 RG_ PEDRO '0'v Vahd1ty Penod_ Penode de Vahdade 12,95 • 12,o1 /. :Jvl'{\!i. ',t;f' _ Personal·;,-Res . Restr. a . Pess �:fiss1��\1'9 Permit P,G 1 2/98 �� d110a�lidade (FRONT) P,OP�GO 'oS\ P Pa ngers '- DON'T DRINK PERSONAL RESTRICTIONS • No� 1 Glas.ses/Comact leN.e$ 2 Artifieial limb �")'€ A 1 ..t; s soooo A2 1¥o s ,,,oo :s 3SOO KQ -� -o• -o--cr- GVM :-; 750 Kg ....._ GVM:s 160Xl l(g ,I a-·, ·, r ,-. GvM,. 18XXJ � EC� EC • 9Uj' fl l# EB an � -a----� EC1 (BACK) 5 31st January, 1997 Statutory lnstrum.ents. 63 SECOND SCHEDULE (Regu/aJion .2) TlflRD SCHEDULE (Regulal(on 2lJ PRBSCRJBED Faes
Section 3Verify source
§ 4Renewal of duplicate driving licenceProvision

A provision heading about renewal of a duplicate driving licence, extension by endorsement, and driving test.

4. Renewal of duplicate driving licence S. Extension of driving licence by endorsement 6, Driving test
Section 4Verify source
§ 7Public service vehicle licence (original)Provision

This section is titled “Public service vehicle licence (original)”.

7. Public service vehicle licence (original)
Section 7Verify source
§ 8Renewal of public seivice vehicle licenceProvision

Section heading only: Renewal of public service vehicle licence; Appeal to the Minister.

8. Renewal of public seivice vehicle licence 9, Appeal to the Minister
Section 8Verify source
§ 10Appeal to the CommissionerProvision

This provision is titled “Appeal to the Commissioner.”

10. Appeal to the Commissioner Pee Uni.ts 333 100 278 100 60 200 333 278 250 200 • LUSAKA 30th January, 1997 [MCT, 102/13/8] K. S. WALUBITA, Minister of Communications and Transport ,; / ,-
Section 10Verify source

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