Brian Mureverwi, Independent Expert, comments on the introduction of new conformity assessment measures for exporters of certain products to Zimbabwe

With effect from 1 March 2016, exporters of certain products to Zimbabwe will be required to produce “Certificate of Conformity” that will be issued by Bureau Veritas. The new measures, which come into effect under the Consignment Based Conformity Assessment programme, will ensure that all listed imported products meet quality, safety, health and environmental standards in line with the World Trade Organisation agreements. In 2015, the government appointed Bureau Veritas to carry out pre-shipment assessment in order to ensure compliance with the above standards. The programme will be enforced by the Zimbabwe Revenue Authority, Standards Association of Zimbabwe, and Bureau Veritas officials through Statutory Instrument 132 of 2015.

The pre-shipment processes include conformity documentary review, control testing if necessary, and physical inspection. The government has forewarned that importers without the Certificate of Conformity will be required to take corrective action which could include taking back the consignment to the country of origin at the trader’s expense. The minimum value for the consignment to be subjected to compliance is US$1000 free on board (fob). Products that are subject to these measures are:

• Food and Agriculture (including fertilizers, confectionary, biscuits, beverages, snacks)

• Building products (including cement, Portland cement, pipes, plumbing accessories, door frames, sanitary ware, ceramic tiles, steel bars for reinforcement of concrete)

• Petroleum and fuel (including paraffin stoves and heaters, gas containers, candles, lubricants)

• Packaging material (including packaging for contact with food)

• Electrical/electronic products (including electrical and electronic appliances, fluorescent lamps, starters, ballasts, energy saving lamps, solar panels, photovoltaic products)

• Body care and health products (including cosmetics, sanitary pads, baby diapers, detergents)

• Automotive and transportation (including tyres, brake pads, other vehicles parts, motor vehicles)

• Clothing and textile (including blankets, clothing and textile products, shoes, cotton cords and yarns)

• Toys (including all kinds of toys)

Goods that are exempt from conformity assessment are:

• Charitable shipments, donations offered by foreign governments or international organizations to the government, to charities, to foundations and to philanthropic organizations recognized as being helpful towards the public, humanitarian goods imported by agencies like WFP, UNHCR, ICT, etc.

• Imports for diplomatic entities, and for United Nations organizations for their own use

• Personal belongings, and

• Goods destined for duty free shop

A more detailed list of products subject to conformity assessment by HS classification are tabled below:

Pre-shipment inspections are allowable under the World Trade Organization (WTO), as long as the requirements in the WTO Agreement on Pre-shipment Inspection are met – non-discrimination, national treatment, transparency and review and appeals processes. These inspections were also deemed necessary to fulfil a precise purpose; ensuring that the quality and customs valuation of goods are in line with the domestic regulations of the importing country. Pre-shipment inspections are typically performed by private organisations contracted by governments of developing countries. Exporters are in most cases allowed to select an inspection company from a list of the organisations contracted by a specific government. The most widely used private inspection companies are Bureau Veritas, Cotecna, Intertek and SGS. Bureau Veritas currently has established local contact points that issue Certificate of Compliance in Asia, Middle East, Africa, Europe, and the Americas.[1]

However, CBCA programmes add to the cost of exporting in terms of time lags and inspection fees. The exercise often adds 3 to 7 days delay before the consignment departs for destination. Hence, while CBCA programmes enforce standards, regulations, and protecting local industry from unfair global competition, they sometimes pose as Non-Tariff Barriers thereby undermining the processes towards promoting trade. Therefore, the design of these CBCA programmes must be cognisant of existing regional and multilateral agreements that probably enforce the same standards and regulations, for example TBT Annex to the SADC Protocol on Trade, Articles 5 and 6 of the WTO Technical Barriers to Trade Agreement (the TBT Agreement), and the WTO Agreement on Pre-shipment Inspection (the PSI Agreement).

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[1] Local contacts point https://verigates.bureauveritas.com/wps/wcm/connect/8cfb28d7-f238-41b3-a6dc-b6fe557480b3/BV+Zimbabwe+CBCA+-+List+of+contacts+T+e1.4.pdf?MOD=AJPERES 

Sources:

The Herald: http://www.herald.co.zw/new-import-regime-on-cards/

Bureau Veritas: https://verigates.bureauveritas.com/wps/wcm/connect/d5e8cda6-a5f1-434d-ab52-626c097c9522/ZWE+CBCA+-+List+of+products+-+20160111.pdf?MOD=AJPERES