WT/TPR/M/447/Add.1  
 16 January 2024 
(24-0359) Page: 1/120 
Trade Policy Review Body  
25 and 27 October 2023  Original: English/anglais/inglés  
Spanish/espagnol/español  
 
  
TRADE POLICY REVIEW  
SOUTHERN AFRICAN CUSTOMS UNION (SACU)  
MINUTES OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Saqer Abdullah Almoqbel (Kingdom of Saudi Arabia)  
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  the Southern African Customs Union (SACU) .1 
 
 
Organe d'examen des politiques commerciales  
25 et 27 octobre 2023  
EXAMEN DES POLITIQUES COMMERCIALES  
UNION DOUANIÈRE D 'AFRIQUE AUSTRALE (SACU)  
COMPTE RENDU DE LA RÉUNION  
Addendum  
Président : S.E.  M. Saqer Abdullah Almoqbel (Royaume d'Arabie saoudite)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournie s par l'Union douanière  
d'Afrique Australe (SACU) .1 
 
 
Órgano de Examen de las Políticas Comerciales  
25 y 27 de octubre de 2023  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
UNIÓN ADUANERA DE ÁFRICA MERIDIONAL (SACU)  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Saqer Abdullah Almoqbel (Reino de la Arabia Saudita)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas po r la Unión 
Aduanera de África Meridional  (SACU) .1 
  
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/447/Add.1  
 
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  ARGENTINA  ................................ ................................ ................................ ......................  3 
AUSTRALIA  ................................ ................................ ................................ .......................  8 
BRAZIL  ................................ ................................ ................................ ...........................  18 
BRAZIL – ADDITIONAL QUESTIONS  ................................ ................................ ...............  20 
CANADA  ................................ ................................ ................................ .........................  22 
CHINA  ................................ ................................ ................................ ............................  25 
CHINA – ADDITIONAL QUESTIONS ................................ ................................ .................  29 
DOMINICAN REPUBLIC  ................................ ................................ ................................ ... 33 
DOMINICAN REPUBLIC – ADDITIONAL QUESTIONS  ................................ .......................  35 
EUROPEAN UNION  ................................ ................................ ................................ ..........  37 
EUROPEAN UNION - FOLLOW -UP QUESTIONS  ................................ ................................  60 
HONG KONG, CHINA  ................................ ................................ ................................ ....... 63 
JAPAN  ................................ ................................ ................................ ............................  67 
MALAYSIA  ................................ ................................ ................................ ......................  69 
RUSSIAN FEDERATION  ................................ ................................ ................................ ... 75 
SINGAPORE  ................................ ................................ ................................ ....................  82 
SINGAPORE – ADDITIONAL QUESTION  ................................ ................................ ..........  82 
SWITZERLAND ................................ ................................ ................................ ................  84 
THAILAND  ................................ ................................ ................................ ......................  90 
THAILAND – ADDITIONAL QUESTIONS  ................................ ................................ ..........  90 
UKRAINE  ................................ ................................ ................................ ........................  93 
UNITED KINGDOM  ................................ ................................ ................................ ..........  96 
UNITED STATES  ................................ ................................ ................................ ............  103  
 
  WT/TPR/M/447/Add.1  
 
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  ARGENTINA  
Pregunta N° 1  
En el inciso 19, el informe explica que, aparte de las cuestiones relacionadas con las aduanas, los 
países de la SACU no han armonizado sus políticas comerciales sectoriales. No obstante, el AEC y 
las medidas conexas (incluidas las desgravaciones de derech os e impuestos) siguen siendo un 
instrumento muy importante de la política comercial sectorial, sobre todo para los países más 
pequeños. Las economías más grandes, principalmente Sudáfrica y, en menor medida, Botswana, 
han elaborado políticas sectoriales q ue también se basan en los incentivos.  
 
Es de interés de la Argentina conocer si, en el marco del párrafo anteriormente mencionado, los 
países de SACU aplican o tienen pensado aplicar programas de incentivos a la producción de bienes 
orientados hacia la ec onomía más sustentable. En caso afirmativo, sírvase indicar cuales son esos 
programas o proyectos.  
 
Question 1  
Paragraph 19 of the report explains that, apart from customs -related issues, SACU countries have 
not harmonized their sectoral trade policies. No netheless, the CET and the related measures 
(including duty and tax rebates) remain a main sectoral trade policy instrument, mainly for the 
smaller countries. The larger economies, mainly South Africa and to a lesser extent Botswana, have 
developed sectora l policies that also rely on incentives.  
 
Argentina would be interested to learn, bearing in mind the paragraph above, whether SACU 
countries are implementing or plan to implement programmes to incentivize goods production that 
is geared towards a more sus tainable economy. If so, please describe these programmes or projects.  
 
SACU: SACU Member States have adopted industrialization, including the development of 
regional value chains, investment and export promotion as an overarching objective. In this 
regard  a vision on industrial development has been agreed which seeks to position the region 
as a hub for innovation and manufacturing on the continent. The following priority sectors 
have been agreed: Agro -processing (i.e.  leather and leather products, meat and  meat 
products, fruits and vegetables), textiles and clothing; pharmaceuticals, cosmetics and 
essential oils. Mapping and scoping on these sectors have been completed and will form the 
basis for development of sectoral plans and growth strategies on these sectors. In addition, 
fertilizers, agro -chemicals, and seed production have been added as another priority in order 
to address the existential challenges the region is facing in regard to food security. 
Automotives and Mineral beneficiation are other secto rs of priority which have been deferred 
for future development. Other enabling services sectors on ICT, financial services and 
transport are a priority to the region. At SACU level there are no incentive programmes, 
however, at individual level Member Stat es may implement incentive programmes for 
productions.  
 
Pregunta N° 2  
En los párrafos 2.10 y 2.11, el informe describe la participación y contribución de los países de la 
Unión Aduanera de África Meridional en las diversas actividades de la OMC.  
 
Es de interés de Argentina conocer cuáles son las prioridades y/o aspiraciones  de los países de la 
Unión Aduanera de África Meridional de cara a la XIII Conferencia Ministerial de la OMC a llevarse 
adelante en 2024.   
 
Question 2  
Paragraphs 2.10 and 2.11 of the report outline Southern African Customs Union countries' 
participation in  and contribution to the WTO's various activities.  
 
Argentina would be interested to learn what the Southern African Customs Union countries' priorities 
and/or aspirations are for 2024, ahead of the Thirteenth WTO Ministerial Conference.  
 
SACU: Issues of interest to SACU ahead of MC13 include Agriculture, food security, Trade and 
Development, and fisheries subsidies. On Agriculture and Food Security: a comprehensive 
approach that focuses on the core issues including long -standing mandated issues of domestic 
support reform, a permanent solution to Public Stockholding (PSH), an outcome on a Special 
Safeguard Mechanism (SSM) for developing countries, the issue of Cotton, and the MC12 WT/TPR/M/447/Add.1  
 
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  mandate pursuant to paragraph 8 of the WTO Ministerial Declaration on the Emergency 
Response to Food Insecurity especially for NFIDCs. On Trade and Development – for MC13, 
SACU would pursue a "Development Package" that would, in addition to SDT and LDC 
Graduation, include among others, the following key priorities - the TR IPS Decision Extension; 
the Development -dimension of the Work Programme on electronic Commerce (WPEC); the 
issue of Accessions; and Policy space for Industrial Development. On Fisheries, SACU supports 
an agreement that disciplines over capacity and overfis hing (OCOF) while preserving policy 
space for African Developing Countries including LDC's, amongst others.  
 
Pregunta N° 3  
En el punto 1.41 del documento WT/TPR/G/447 se hace mención a la conclusión de las negociaciones 
sobre las subvenciones a la pesca en  la OMC.  
 
Es de interés de Argentina conocer en qué instancia se encuentra para los países de la Unión 
Aduanera de África Meridional el proceso de ratificación del Acuerdo sobre Subvenciones a la Pesca 
de la OMC, acordado en la CM12 de 2022.  
 
Question 3  
Paragraph 1.41 of document WT/TPR/G/447 mentions the conclusion of negotiations on fishery 
subsidies at the WTO.  
 
Argentina would be interested to learn at what stage the Southern African Customs Union countries 
are in the ratification process f or the WTO Agreement on Fisheries Subsidies, concluded at MC12 in 
2022.  
 
Pregunta N° 4  
En el ítem 3.1, el informe menciona que, l os procedimientos aduaneros de los miembros de la Unión 
Aduanera de África Meridional (SACU) todavía no están plenamente armoni zados. Las autoridades 
declaran que, durante el período examinado, los Estados miembros han aplicado la Política Aduanera 
de la SACU a través del Programa de Modernización de las Aduanas (CMP).  
 
Es de interés de Argentina saber con mayor detalle que acciones se están realizando para la 
armonización de los procedimientos aduaneros en la Unión.  
 
Question 4  
Paragraph 3.1 of the report mentions that customs procedures in Southern African Customs Union 
(SACU) members have not yet been fully harmonized. The  authorities state that over the review 
period, SACU members have been implementing the SACU Customs Policy through the Customs 
Modernisation Programme (CMP).  
 
Argentina would be interested to learn more about which actions are being undertaken to harmoniz e 
the customs procedures in the Union.  
 
SACU:  The SACU Trade Facilitation and Logistics Programme will be implemented through 
three Key Projects that contain targeted solutions and initiatives to address the identified gaps. 
These are: (i)  Trade Digitaliza tion and Digital Transformation Project; (ii)  Risk Management, 
Compliance and Enforcement Project; and (iii)  Infrastructure Development Project. The 
Projects will be supported and complemented by the key components that are inclusive of 
Capacity -Building, Gender Mainstreaming, Legal and Policy Frameworks, and Operational 
Resilience. All projects to be pursued will incorporate Small, Micro, and Medium Enterprises 
(SMMEs) to ensure they benefit from the trade facilitation and logistics programme.  
 
Pregunta N°  5 
En el ítem 3.3, el informe indica que no hay requisitos especiales para la inscripción de los 
importadores. La Ley de Sociedades de 2004 regula tanto las sociedades nacionales como las 
"externas", es decir, las sociedades constituidas fuera de Namibia p ero que operan a través de una 
sucursal local. La Autoridad de las Empresas y la Propiedad Intelectual (BIPA) se ocupa de gestionar 
el registro de las empresas.  
 
Es de interés de la Argentina conocer más detalles acerca de la gestión del registro de las em presas 
tanto nacionales como "externas " para la inscripción de importadores.  
 WT/TPR/M/447/Add.1  
 
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  Question 5  
Paragraph 3.3 of the report states that there are no special registration requirements for importers. 
The Companies Act, 2004 covers both domestic and "external" companies, i.e. those incorporated 
outside Namibia but trading through a local branch. Company registration is administered by the 
Business and Intellectual Property Authority (BIPA).  
 
Argentina would be interested to learn more about the admini stration process for registering both 
domestic and "external" companies as importers.  
 
Namibia: Incorporation of companies in Namibia, whether domestic or external, are regulated 
in terms of the Companies Act, 2004 (Act No. 28 of 2004). In terms of the inc orporation 
requirements, there are no specific registration requirements for businesses dealing in import 
and export. However, the Ministry of Industrialization and Trade may impose any such industry 
requirements from time to time.  
 
Pregunta N° 6  
En el íte m 3.5 el informe menciona que existe un régimen de fianzas que se aplica a las mercancías 
en tránsito en Namibia. Con arreglo a este régimen, los importadores deben constituir una garantía 
para cubrir todos los cargos, incluidos los derechos de aduana, el IVA y los gravámenes. La fianza 
puede levantarse una vez que las mercancías han salido de Namibia. Actualmente esta garantía está 
siendo objeto de examen.  
 
Es de interés de la Argentina conocer más detalles d el proceso de aplicación del mencionado régimen,  
en particular cómo es el proceso de constitución de una garantía por parte de los importadores, 
como así también cual es la base de cálculo que se aplica para constituir tal garantía.  
 
Question 6  
Paragraph 3.5 of the report mentions that a bond guarantee system operates on goods in transit 
through Namibia. Under the system, importers lodge a security to cover all charges, including 
customs duties, VAT, and levies. The bond may be redeemed once the goods have left Namibia. The 
security is currently being re viewed.  
 
Argentina would be interested to learn more about the process for applying the system outlined 
above, in particular, how importers lodge securities, and on what basis the guarantee is calculated.  
 
Pregunta N° 7  
En el Ítem 3.13, el informe menciona  que, en espera de que se establezca la Junta Arancelaria a 
nivel regional, el Consejo de Ministros de la SACU encomendó a la Comisión de Administración del 
Comercio Internacional (ITAC) de Sudáfrica que se encargara de los aranceles y de las solicitudes 
de med idas comerciales correctivas en nombre de la SACU. En 2013, Botsuana creó su organismo 
nacional, la Comisión de Comercio de Botsuana (BOTC); no obstante, la BOTC aún no participa en 
la elaboración del Arancel Exterior Común de la SACU. Eswatini, Lesoto y N amibia están en vías de 
crear sus organismos nacionales.  
 
Es de interés de Argentina saber con mayor detalle en qué etapa se encuentra la elaboración del 
Arancel Exterior Común y que tipo de dificultades han aparecido en cada gobierno para el desarrollo 
del mismo.  
 
Question 7  
Paragraph 3.13 of the report mentions that, pending the establishment of a Tariff Board at the 
regional level, South Africa's International Trade Administration Commission (ITAC) was mandated 
by the SACU Council of Ministers to handle  tariff and trade remedies applications on behalf of SACU. 
In 2013, Botswana established its national body - the Botswana Trade Commission (BOTC); however, 
the BOTC is not yet involved in setting the SACU CET. Eswatini, Lesotho and Namibia are in the 
proce ss of establishing their national bodies.  
 
Argentina would be interested to learn more about the current status of the process of setting the 
CET and about what type of difficulties each government has faced in developing it.  
 
SACU:  The process of setting tariffs remains as it is in the report, while the other Member 
States, apart from Botswana, are in the process of establishing their national bodies.  
 WT/TPR/M/447/Add.1  
 
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  Pregunta N° 8  
En el párrafo 3.18, se explica que, además, la protección arancelaria media más alt a corresponde a 
la agricultura (según la definición de la OMC) con un 10,1% (9,6% en 2015), frente al 8,2% (8,0% 
en 2015) de los productos no agrícolas.  
 
Es de interés de Argentina saber si planean los gobiernos de la SACU reducir los elevados aranceles 
que se registran en el sector agrícola. Si la respuesta es afirmativa sírvase indicar cuales son esos 
planes.  
 
Question 8  
Paragraph 3.18 notes that, in addition, agriculture (WTO definition) has the highest average tariff 
protection at 10.1% (9.6% in 2015), against 8.2% (8.0% in 2015) for non -agricultural products.  
 
Argentina would be interested to learn whether the SACU governments intend to reduce the high 
agriculture sector tariffs. If so, please outline these plans.  
 
South  Africa: Industrial and agricultural policy objectives will guide easing of the tariff 
regime.  
 
SACU:  The Industrial and Agricultural Policy objectives of the respective SACU Member States 
will guide the easing of the tariff regime.  
 
Pregunta N° 9  
En el ítem 3.20 el informe indic a que, las consolidaciones arancelarias de los miembros de la SACU 
siguen siendo las mismas que cuando se realizó el examen anterior en 2015. Lesoto ha consolidado 
el 100% de sus líneas arancelarias, en tanto que la consolidación en otros miembros de la SA CU es 
superior al 90% (cuadro 3.2). Puesto que todas las consolidaciones arancelarias se han hecho a tipos 
ad Valorem, la imposición de derechos no ad Valorem no garantiza el cumplimiento por los miembros 
de la SACU de las consolidaciones comprometidas por que las fluctuaciones de los precios de 
importación pueden generar tipos aplicados más altos que los correspondientes niveles consolidados 
(cuadro 3.4).  
 
Es de interés de Argentina saber si, a excepción de Lesoto, los miembros de SACU tienen pensado 
conso lidar las líneas arancelarias que aún no revisten esta condición. Asimismo, es de interés de 
Argentina conocer de qué forma los Miembros de SACU garantizan que las líneas arancelarias sujetas 
a derechos no ad valorem  no superen el nivel consolidado en la O MC. 
 
Question 9  
Paragraph 3.20 of the report states that tariff bindings by SACU members remain the same as at 
the time of the previous Review in 2015. Lesotho has bound 100% of its tariff lines, while other 
SACU members bind more than 90% (Table 3.2). As all tariff bindings are ad valorem, the imposition 
of non -ad valorem duties does not ensure compliance by SACU members with their binding 
commitments since fluctuations of import prices may result in higher applied rates than the 
corresponding bound levels  (Table 3.4).  
 
Argentina would be interested to learn whether, with the exception of Lesotho, SACU members plan 
to bind tariff lines which do not yet meet this criterion. Argentina would also be interested to learn 
how SACU members will ensure that tariff lines with non -ad valorem duties do not exceed the WTO 
bound rate.  
 
South  Africa: The levels of duty are capped at the WTO bound rates.  
 
Pregunta N° 10  
En el ítem 3.62 el informe indica que todos los departamentos encargados de los controles sanitarios 
y fitosanitarios transfirieron sus competencias al BMA, organismo de nueva creación, en abril de 
2023 (sección 3.1.2). Entre estos organismos se incluyen el Departamento de Agricultura, Reforma 
Agraria y Desarrollo Rural (DALRRD) (ante s denominado Departamento de Agricultura, Silvicultura 
y Pesca (DAFF)), el Departamento de Salud (DoH) y el DTIC (con inclusión del Organismo Regulador 
Nacional de las Especificaciones Obligatorias (NRCS)).  
 
Es de interés de Argentina saber cuáles serán la s competencias del BMA en relación al ingreso de 
cargamentos de productos tales como aves de corral, carne bovina, carne porcina, pescado y WT/TPR/M/447/Add.1  
 
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  productos de mar, entre otros productos importados. Asimismo, es de interés de Argentina conocer 
en qué aspectos se diferencian las competencias del BMA de las del DALLRD y si se verifica 
actualmente una superposición de competencias.  
 
Question 10  
Paragraph 3.62 of the report states that all departments responsible for SPS controls transferred 
their relevant functions to the newly established BMA as from April  2023 (Section 3.1.2). These 
include the Department of Agriculture, Land Reform and Rural Development (DALRRD) (formerly 
known as the Department of Agriculture, Forestry and Fisheries (DAFF)); the Department of Hea lth 
(DoH); and the DTIC (including National Regulator for Compulsory Specifications (NRCS)).  
 
Argentina would be interested to learn what the functions of the BMA will be in relation to the entry 
of shipments of products, such as poultry, meat of bovine an imals, meat of swine, fish, and seafood. 
Argentina would also be interested to learn the aspects in which the functions of the BMA differ from 
those of the DALRRD and whether their functions currently overlap.  
 
South  Africa: The mandate of the BMA, with re gard to the import of animals and their 
products, is to inspect and release or reject consignments according to their compliance with 
the South African import requirements. Where consignments are rejected and an appeal is 
made to reconsider the rejection, the BMA will refer the case to DALRRD for risk evaluation.  
 
DALRRD is still responsible for risk assessments, establishing of import requirements and 
negotiation of import and export veterinary health certificates with trade partners.  
 
Pregunta N° 11  
En el ítem 4.12 del informe se menciona al Plan Director para la Agricultura y la Agroindustria, cuyo 
objeto sería incrementar la producción y la seguridad alimentaria a través de planes de producción 
agropecuaria. (Informe de los Miembros de la SACU WT/TPR/G /447, pág.351, párrafo 4.12)  
 
Es de interés de Argentina contar con mayor información acerca del contenido e implementación del 
Plan Director para la Agricultura y la Agroindustria de Sudáfrica y, particularmente, respecto a cuál 
es el impacto de los instr umentos de política comercial y medidas de ayuda implementados en el 
marco del mencionado Plan en las importaciones sudafricanas de productos agropecuarios 
extranjeros.  
 
Question 11  
Paragraph 4.12 of the report states that the Agriculture and Agro -Process ing Master Plan aims to 
expand production and food security through agricultural production schemes. (SACU Members 
Report WT/TPR/S/447, p. 322, paragraph 4.12)  
 
Argentina would like further information about the content and implementation of South Africa's  
Agriculture and Agro -Processing Master Plan and, in particular, the impact of the trade policy 
instruments and support measures implemented under the aforementioned Plan on South African 
imports of foreign agricultural products.  
 
South  Africa: The Agricul ture and Agro -processing Master Plan (AAMP) is an operational 
framework to implement the goals of Chapter 6 of the National Development Plan, which is a 
growth plan for the country. Chapter 6 of the Growth Plan relates to agriculture and rural 
development.  The AAMP is publicly available on the Department of Agriculture, Land Reform 
and Rural Development. It contains sector -wide and commodity -specific initiatives aimed at 
fostering inclusive sector growth to ensure food security and improve productivity.  
 
  WT/TPR/M/447/Add.1  
 
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  AUSTRALIA  
Reports by the Secretariat (WT/TPR/S/447)   
Note: questions on SACU Government report are at the end of this document   
A. Botswana (S447 -02) 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
Page 81, Paragraph 3.78  
The Report states that in FY2020/21, the Government spent more than USD 510 million on public 
procurement, excluding micro procurements, which amounted to USD 27.63 million.  
Question 1  
Could Botswana please clarify what is defined as a "micr o procurement"?  
Botswana:  This is informal procurement which is of low value transactions from P 1.00 to P 
100,000.00. In using micro procurement, a procuring entity may select a supplier on a sole 
supplier basis or through quotations from 3 to 5 suppliers .  
Page 81, Paragraph 3.78  
The Report states that under the Public Procurement Regulatory Authority (PPRA), foreign companies 
registered in Botswana may participate in public procurement, unless the purchase is under 
reservation.  
Question 2  
Could Botswana please clarify how "purchase under reservation" is defined?  
Botswana:  Purchase under reservation is procurement of supplies, services or works from 
contractors who are targeted for socio -economic or technical development under the 
reservation program. The reservation schemes are defined from time to time according to the 
Government development objective to target the beneficial service providers or suppliers such 
as MSME, Youth, Women and People living with Disabilities. The reservation could be 
implemented through financial thresholds or through identification of certain eco nomic 
activities in a given sector where citizens and/or the local industry have developed capacity 
and capability. Examples of purchases under reservation include but not limited to;  
 All security guard services  
 All tenders that are P10 million and below , except where non citizens are not available  
Page 81 -82, Paragraph 3.81  
The Report states that under Article 76 of the Public Procurement Act, all works, services, and 
supplies procurement should be reserved for a citizen or citizen contractor. In partic ular, certain 
procurement activities are reserved for local producers or suppliers.  
Question 3  
How does Botswana determine whether a citizen owned MSME is 100% owned?  
Botswana:  In every tender/bid document, the following mandatory forms are to be 
complete d;  
- A Declaration Form for Tendering Purposes where bidders are to list and 
provide details of Directors and Shareholders of the company, showing 
amongst others percentage share ownership and the nationality of the 
owners of the company.  
- Declaration of Be neficial Owners Form, where the current list of beneficial 
owners for the company are to be provided.  
- In addition to the above, the eligibility will be supported by the National 
Identity Card (Omang).  
 WT/TPR/M/447/Add.1  
 
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  4. TRADE POLICIES BY SECTOR  
4.1 Agriculture  
Page 90, Paragraph 4.22  
The report by the Secretariat states that support to domestic agriculture producers is provided 
through the Economic Diversification Drive, which obliges the Central Government, local authorities, 
and parastatals to  purchase locally produced goods and services.  
Question 4  
Are purchases of domestic agricultural products by Botswana's government made at market prices?  
Botswana:  Yes. 
Question 5  
Does Botswana's government utilise public stockholding programs to address i ts food insecurity 
challenges?  
Botswana:  Yes, the Government uses Buffer Stocks i.e. the Botswana Agricultural Marketing 
Board, to maintain strategic food reserves that ensure a steady supply of essential food items, 
particularly in times of food shortages  or price fluctuations.  
 
B. Eswatini (S447 -03) 
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
Page 140, Paragraph 3.76  
The Report states that open tendering is the preferred and most widely used procurement method, 
and that alternative modes shall only be used when their specific conditions are met.  
Question 6  
Could Eswatini please clarify what the specific conditions are for alternative procurement methods?  
Eswatini:  As stated, that the open tendering procurement method and the Request for 
Proposals (published/with advertisement) are the preferred procurement methods for the 
procurement of Goods, works or non -consultancy services and for services respectively. The 
other procurement methods are  used on the following conditions:  
Limited tendering procurement method  
▪ Where the goods, works or non -consultancy services are only available from a limited 
number of suppliers, contractors or service providers.  
▪ Where there is insufficient time for use of open tendering method in an emergency 
situation.  
▪ Where there is a need to achieve certain social objectives by calling for participation 
of local communities or local firms  
▪ Where the estimated value of the procurement does not exceed the threshold provided  
for that procurement method in the regulations and,  
▪ Where open tendering method had failed, in that no bid was received during under an 
open tendering process.  
Request for proposals (without advertisement)  
▪ Where a shortlist was developed through the proce ss of Expression of interest, and  
▪ Some of the conditions available above for limited tendering method as this 
procurement method is in principle the same with limited tendering method. The 
difference is that it is used for the procurement of services (excluding the non -
consultancy services though).  
Request for Quotations  
▪ Threshold is one condition.  WT/TPR/M/447/Add.1  
 
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  ▪ Where the procurement is a low value procurement  
▪ Where the nature of the procurement is not a service  
Single Source procurement method  
▪ Where the g oods, works or services are only available from a single source.  
▪ Where there is insufficient time for use of open tendering method in an emergency 
situation.  
▪ Where are compatibility, standardisation or continuity requirements.  
▪ Where there is a need for ext ension of an existing contract for additional goods, works 
or services of similar nature and no advantage could be obtained by further 
competition.  
▪ Threshold is another condition.  
Page 140, Paragraph 3.76  
The Report states that foreign suppliers may be gra nted a price preference of up to 7.5% if they 
subcontract to Swazi companies or supply Swazi manufactured goods.  
Question 7  
What criteria must foreign suppliers meet in order to be granted the 7.5% price preference?  
Eswatini:  No further requirement other than partnering with a Swazi company by way of 
Joint-venture or other legal means of partnership.  
Question 8  
Could Eswatini please clarify if the list of Swazi companies is publicly available, and free of charge, 
for suppliers to access?  
Eswatini: The country would like to put an affirmative that the list of companies is free of 
charge. However, we would like to flag that some sectors are accessible on the GoE responsible 
Departments whereas additional information could also be available t hrough the websites of 
their affiliates.  
C. Lesotho (S447 -04) 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
Page 186, Paragraph 3.75  
The Report states that foreign suppliers can participate in a tender process witho ut any restriction, 
however they have to first register as a legal entity, apply for a trade licence and register with the 
Lesotho Revenue Authority for tax purposes.  
Question 9  
Could Lesotho please clarify if foreign suppliers need to be based in Lesotho to be able to register as 
a legal entity?  
Lesotho:  A foreign supplier must be registered in Lesotho as a legal entity in order to operate. 
There are exemptions where a tender is  open to foreign enterprises.  
Question 10  
What number of foreign suppliers have registered as legal entities in Lesotho and is the registration 
process considered onerous?  
Lesotho: The registration process is done online and is not cumbersome, it takes thr ee to five 
days to register.  
 
Page 187, Paragraph 3.78  
The Policy envisages the establishment of the Public Procurement Authority that will be responsible 
for monitoring, regulating procurement activities and harmonizing processes.  WT/TPR/M/447/Add.1  
 
- 11 - 
 
  Question 11  
What timeframe has Lesotho set for establishing its Public Procurement Authority?  
Lesotho:  The process of establishing the Public Procurement Authority is at the initial stages.  
 
4. TRADE POLICIES BY SECTOR  
4.1 Agriculture  
Page 191, Paragraph 4.6  
The report st ates that the National Strategic Development Plan II (NSDP II) for 2018/19 -2022/23 
aims at ensuring sustainable commercial agriculture and limiting climate change impacts, 
environmental degradation, and other natural disasters, as well as harmful agricultu ral practices.  
Question 12  
Can Lesotho provide examples or initial results which highlight the effectiveness of the NSDP on its 
agricultural practices?  
Lesotho:   
• The Ministry of Agriculture Food Security Nutrition has developed Sector Development 
Plan Agr eement  of Four prioritized value chain commodities (potatoes, beans, poultry 
and Piggery) and formation of two commodity industrial association as a means to 
promote private investment and create favorable environment for those investments.  
 
• Climate smart rangeland activities : Removal of invasive species (brush control) done 
on 547,50 Ha form part of the natural resources management activities which are 
collectively aimed at reducing the speed of run -off from rangelands; increase the range 
resources product ion and practise rotational grazing. In addition, the introduction of 
incentives led to enhanced implementation of the Range Management activities.  
• The 30% subsidy program on acquisition of agricultural machinery & equipment was 
implemented in 2021 throug h Lesotho Post Bank to support farmers in engaging in 
commercial production. Focus is on providing specialized mechanization services to the 
farming community, while the other services are transferred to the private sector to assist 
the farming community.   
•  The PICSA technology was implemented to help the farmers mainstream climate 
forecasting in their plans to promote climate smart agriculture.  
•  currently developing management information system  that is meant to strengthen 
the existing agro -weather and market information and statistical database of farmers in 
the country.  
• Contract farming  has been introduced as a marketing tool with the objective of instilling 
an obligation and commitment by both  parties (Buyers and Producers). With this set up, 
farmers are guaranteed markets through entering into agreements with identified 
markets. The initiative was successfully piloted with dry sugar beans and is about to be 
rollout to other commodities.  
• Global  Good Agricultural Practices - 50 Farming experts from different institutions 
including extension workers, academia, research institutions, farmers and representatives 
from private sector forums received training on Global Good Agricultural Practices and 
Food Safety Standards and qualified as Farm Assurers/Registered Trainers. Their duty 
entails providing guidance and handholding farmers to adopt GAP, to perform primary 
farm audits and link farmers with certifying bodies for improved market access. Training 
of farmers on GAP is on - going.  
D. Namibia (S447 -05) 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
Page 245, Paragraph 3.90  
The report states Namibia is in the process of applying to become a member of WTO Agreement  on 
Government Procurement.  
Question 13  
Could Namibia please provide an update on the process for applying to become a member of the 
WTO Agreement on Government Procurement?  WT/TPR/M/447/Add.1  
 
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  Page 246, Paragraph 3.93  
The Report notes the Code of Good Practice on Preference  with the aim to enhance measures to 
implement the Government's empowerment and development policies. Preferences are granted to 
local suppliers in the procurement or evaluation of bids for procurements reserved for categories of 
local suppliers. National preferences provide for price preferences granted to Namibian suppliers or 
to goods, works, and services that meet minimum specified local content.  
Question 14  
Is there any price preferencing granted to foreign suppliers, such as any foreign suppliers who  
subcontract with local Namibian suppliers?  
Namibia:  The aim of code of good practice is to support the implementation of empowerment 
and industrial policies of government without compromising standard of goods, works, services 
and value for money. This is done by granting exclusive preferences to categorie s of local 
suppliers through reservation of certain procurement of goods, work and services.  
In this regard, preference may be given to joint venture or companies with foreign ownership, 
provided that Namibian ownership is not less than 51 percent or suppl ier who employs 50 
percent or more Namibian citizens.  
Page 246, Paragraph 3.94  
The Report notes some of the government procurement challenges faced in Namibia, including the 
update and the use of the E -GP Portal.  
Question 15  
Is the use of the E -GP Portal mandatory for all public entities in Namibia?  
Namibia:  Yes, the use of the e -GP is mandatory for all public entities in Namibia. However, 
the exemption may be granted for emergency and security related procurement.  
Guidelines have been issued in th at respect. National E -GP strategy also approved.  
 
E. South Africa (S447 -06) 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures directly affecting imports  
Page 298, Paragraph 3.18  
The Secretariat's report states that "A [import] licence is valid for a  maximum of 12 months and is 
not extendable. According to South Africa's notification to the WTO, unused licences are not 
transferrable, and there is no penalty for non -use of a licence or portion of a licence."  
Page 299, Paragraph 3.20  
According to the re port, South Africa maintained tariff quotas (TQs) on 53 types of agricultural 
products. Excluding TQs which were not opened, the fill rates for these quotas fell from 26.7% in 
2017 to 19.9% in 2020.  
Page 300, Paragraph 3.21  
The report further states that t hese quotas are administered through import licences issued by the 
Department of Agriculture, and applicants need to register with the South African Revenue Service 
and the Department of Trade, Industry and Competition.  
Question 16  
According to the report,  utilisation of South Africa's TQs for agricultural products is low and decreased 
over the review period. Has South Africa considered changing its administration of import licences, 
such as by encouraging unused licences to be returned to the pool, in an e ffort to increase utilisation 
of its TQs?  
South  Africa:  Various options are being entertained to remedy the low fill rate of the allocated 
quotas. These are not limited to the consideration of allocating quotas on a first come first 
basis.  WT/TPR/M/447/Add.1  
 
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  Page 301, Paragraph 3.30  
The report states that South Africa notified t he WTO that it did not provide export subsidies to 
agricultural products in 2016, 2017, and 2018. The authorities state that South Africa has not 
provided export subsidies to agricultural products since 2018.  
Page 303, Paragraph 3.41  
In addition, the repo rt notes that the Export Credit Insurance Corporation (ECIC) provides export 
credit insurance for goods and services, with a view to improving the competitiveness of South 
African exporters. It provides insurance coverage for losses arising from both polit ical risk and 
commercial risk.  
Question 17  
Can South Africa provide further details of credit schemes or insurance provided by the ECIC for the 
agriculture sector, if any, and specifically provide details as to whether any finance, credit or 
insurance for agricultural exports was provided at commercial rates, is self -financing and has 
repayment terms for periods no longer than 18 months, in line with the Nairobi Decision 2015?  
South Africa:  South Africa does not have any credit schemes or insurance provided  by the 
ECIC for Agriculture.  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
Page 304, Paragraph 3.43 and 3.44  
The report states that most incentives are administered by the Department of Trade, Industry and 
Competition (DTIC) and aim at, inter alia, encouraging innovation, promoting exports, attracting 
investment, and facilitating infrastructure development. It al so notes that the DTIC provides a 
number of incentives to various sectors including agriculture and aquaculture.  
Question 18  
Can South Africa provide further details as to the incentives it provides to the agriculture sector to 
promote exports?  
South  Africa: A number of incentives provided in the agriculture sector not necessarily to 
promote exports but to stimulate investment by the South African agro -processing enterprises 
and beneficiation in agri -businesses.  
Page 313, Paragraph 3.87  
The Report notes th at Foreign Firms can only bid through a local agent.  
Question 19  
What classifies as a local agent in this context? Could South Africa provide more details on the 
process for foreign suppliers to bid for local contracts?  
South  Africa:  In terms of the 2022 Preferential Procurement Regulations (PPRs) local content 
is no longer a compulsory requirement. Under the current procurement regime, each organ of 
state is empowered to determine its own Preferential Procurement Policy. The 2022 PPR s allow 
organs of state to use specific goals including the Reconstruction and Development Programme 
(RDP) goals to support the procurement of locally manufactured products in their tenders. 
These efforts are essential to foster a more dynamic and inclusiv e economy that creates and 
ensures equal rights and opportunities for small businesses, women, and youth to participate 
in economic growth efforts.  
Page 313, Paragraph 3.88  
The Report notes that competitive bidding is the most used procurement method, whil e price 
quotations or the limited bidding process may be adopted.  
Question 20  
Could South Africa provide details on how often price quotations or the limited bidding procurement 
method is used?  WT/TPR/M/447/Add.1  
 
- 14 - 
 
  South  Africa:  South Africa is not a signatory to the Agreemen t on Government Procurement 
(GPA), which is plurilateral or voluntary agreement under the auspices of the WTO. It must be 
noted that plurilateral agreements are only binding on the signatory parties, and not on all 
WTO's members.  
 
4. TRADE POLICIES BY SECT OR  
4.1 Agriculture, forestry, and fisheries  
Page 321, Paragraph 4.6  
South Africa is noted among the world's biggest exporters of citrus fruit, sugar, and wine. In 2022, 
the top four exports were maize: oranges, grapes, and wine. Exports of maize have see n a steep 
increase since 2019.  
Question 21  
Noting that South Africa is a significant exporter of citrus fruit, sugar and wine and with rapid growth 
of maize exports over the review period – and in the interests of transparency and the effective 
functionin g of the global market functioning – does South Africa have any plans to voluntarily notify 
export volumes for these commodities? Can South Africa provide further explanation for the 
significant growth in its maize exports in recent years?  
South  Africa:  Information on exports is publicly available from various websites, 
farmer/producer organisations and agribusinesses.  
Production increases are a function of many factors, which include, favourable weather 
conditions, and technological advances, not limited to the adoption of high -yielding varieties. 
Better farming techniques adopted by farmers are also a driver. In terms of exports, South 
Africa will export based on market access, market conditions and demand for her commodities.  
Page 322, Paragraph 4.8  
The report notes that the state -owned Land and Agricultural Development Bank of South Africa (Land 
Bank) specializes in providing loans to the commercial farming sector and agri -businesses, as well 
as helping historically disadvantaged persons participate in agricultural activities. The stated aim of 
this scheme is to facilitate meaningful participation of black producers and majority black -owned 
enterprises owning and controlling the agricultural value chains. It has a sector focus that is in line 
with the Ag riculture and Agro -processing Master Plan and Oceans Economy Master Plan  
Page 322, paragraph 4.9  
The Land Bank provides regulatory measures to intervene in the marketing of agricultural products 
and establishes the National Agricultural Marketing Council, which aims, inter alia, to improve market 
access in foreign markets and promote agricultural expo rts.  
Question 22  
Can South Africa provide details as to the National Agricultural Marketing Council's consistency with 
Article 9 of the Agreement on Agriculture (Agreement on Export Subsidy Commitments) and the 
2015 Nairobi Decision on export subsidies. S pecifically, can South Africa provide details on any 
supports provided to:  
a) reduce the costs of marketing exports of agricultural products (other than widely available export 
promotion and advisory services) including handling, upgrading and other processin g costs and 
the costs of international transport and freight;  
b) internal transport and freight charges on export shipments, provided or mandated by 
governments on terms more favourable than domestic shipments;  
c) if supports do exist, how does South Africa inte nd on ensuring a smooth adjustment to the 
removal of these supports by the end of 2023 noting commitments made under the Nairobi 
Agreement for all developing countries to have eliminated these supports by the end of 2023?  
South  Africa:  The National Agricultural Marketing Council (NAMC) was established in terms 
of the Marketing of Agricultural Products (MAP) Act No. 47 of 1996, as amended by Act No. 59 
of 1997 and Act No. 52 of 2001. The NAMC is a statutory body reporting to the Minister  of 
Agriculture, Land Reform and Rural Development. Its mandate among others is to oversee the WT/TPR/M/447/Add.1  
 
- 15 - 
 
  administration, and monitor and review the application of statutory and other regulatory 
measures. It also provides advisory services through research undertaken  with regard to 
agricultural marketing policy and its application, coordination of agricultural marketing policy 
in relation to national economic, social and development policies and international trends. The 
questions asked are not applicable to NAMC. Bes ides South Africa does not provide any export 
subsidies.  
Page 322, Paragraph 4.12  
The Secretariat report states that South Africa's Agriculture and Agro -processing Master Plan aims 
to expand production and food security through agricultural production sche mes; strengthen South 
Africa's participation in global value chains through commodity corridors; provide comprehensive 
post‐settlement support, extension services, and farmer training; and facilitate the revitalization of 
essential infrastructure and equit able access to critical factors of production. Information was not 
available on the policy tools/support measures that are being used to implement this plan.  
Question 23  
Can South Africa please provide more information about the types of policy tools/suppo rt measures 
it has provided through its Agriculture and Agro -processing Master Plan? In particular, information 
related to the provision of comprehensive post -settlement support?  
South  Africa:  South  Africa has a draft National Policy on Comprehensive Produ cer 
Development Support (NPCPDS), aimed at the provision of coordinated support systems and 
packages to various categories of producers. The policy is awaiting approval by the Cabinet.  
 
The National Education and Training Strategy is in place to take care  of formal educational 
needs of farmers to enhance their skills and expertise.  This is supplemented by the National 
Policy on Extension and Advisory Services.  
 
The Land Development Support (LDS) Programme, Comprehensive Agricultural Support 
Programme (CASP ), Ilima/ Letsema and Presidential Employment Stimulus (PES).  
 
Page 322, paragraph 4.13  
The Secretariat's report states that the Sugar Industry Master Plan seeks to create diversified 
revenue streams for sugar producers and create new job opportunities. As part of the Master Plan, 
industrial users and retailers agreed to give preference to local sugar production, by purchasing 80% 
of their sugar needs from South African farms and millers during the first year and increasing to 
95% by 2023.  
Question 24  
Can South Africa confirm whether the Sugar Industry Master Plan involves any elements of public 
price support to domestic sugar producers?  
Question 25  
Does the South African government set price floors or ceilings for domestically produced suga r 
purchased by industrial users and retailers, or plan to do so, as part of the Sugar Industry Master 
Plan?  
Report by SACU (WT/TPR/G/447)   
A. General  
1. INTRODUCTION  
1.2 The SACU Customs Union  
Page 6, Paragraphs 1.4  
The SACU report states that the SACU Agreem ent of 2002 sets out a broad framework for enhanced 
integration, including the establishment of a number of institutions across the customs union.  WT/TPR/M/447/Add.1  
 
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  1.3 SACU Institutions  
Page 7, Paragraph 1.10  
Of the institutions listed, SACU intends to establish a Tariff B oard which governs tariff administration 
across the union. The report states that the tariff review board "has not been operationalized and as 
such the tariff matters are currently being handled by the International Trade Administration 
Commission of South  Africa".  
Question 26  
Can SACU provide an update to the Membership on the process to operationalise the SACU Tariff 
Board?  
SACU:  The Tariff Board is still not yet operationalized. In accordance with the SACU Strategic 
Plan 2022 -27, Member States will consider the operationalization during the mid -term review 
of the SACU Strategic Plan, which is slated for July  2025.  
 
B. Botswana  
3. TRADE AND TRADE -RELATED POLICY DEVELOPMENTS  
3.1 Trade policies and strategies  
Page 13, Paragraph 3.3  
The report states that Botswana's Industrial Development Policy has recorded some notable 
successes including the elimination of certain requirements for licensing.  
Question 27  
Australia notes Botswana's Industrial Development Policy. Noting the importance of domestic 
regulatory settings to facilitating service trade and investment, Australia welcomes measures to 
improve the transparency, predictability, and efficiency of domestic regulation of services. Australia 
would welcome an update from Botswana on any other measures i t may be considering or 
implementing to improve the domestic regulatory environment for services.  
Botswana:  To strengthen patents to the already existing provisions of the Industrial Property 
Act relating to use of the WTO TRIPS Public Health Flexibilities . 
 
C. South Africa  
7. POLICY DEVELOPMENT AND RESPONSE  
7.1 Economic reconstruction and recovery plan  
Page 53, Paragraph 7.3  
The report states that the South African Economic Reconstruction and Recovery Plan has three 
phases including recovery and reform.  
Quest ion 28  
Australia notes the South African Economic Reconstruction and Recovery Plan. Welcome an update 
from South Africa on any other reform measures it is considering or implementing to improve the 
domestic regulatory environment, including for services.  
South  Africa:  Any plans to improve domestic regulatory environment will be consulted and 
made public through official channels.  
 
ANNEX 1 – SOUTH AFRICA TRADE POLICY STATEMENT  
A Trade Policy for Workers, Women and Communities  
Page 59, Paragraph 1. 15 and 1.16  
The report states that for the first time, South Africa is taking the deliberate and necessary step of 
pursuing a gender -sensitive and gender responsive trade policy…Deliberate and targeted measures 
that deliver tangible and practical programs for the empowerment of women are an essential part of 
South Africa's trade policy to creating a better and inclusive world.  
Question 29  
Australia welcomes South  Africa taking the deliberate and necessary step of pursuing a 
gender -sensitive and gender responsive trade policy. What are some specific trade policy measures 
South Africa has utilised to support the empowerment of women?  WT/TPR/M/447/Add.1  
 
- 17 - 
 
  South  Africa:   
- South Africa (SA) has developed regulatory frameworks policies and regulations that 
support women eco nomic empowerment.  
- SA is collecting disaggregated data and statistics on women empowerment.  
- Acquiring Evidence base success stories that support and speak to financial inclusion 
in the mainstream economy.  
- Uplifting women from triple challenges of unemploy ment, inequality and poverty 
through entrepreneurship.  
Deliberate and targeted measures that deliver tangible and practical programs for the 
empowerment of women are an essential part of South Africa's trade policy to creating a better 
and inclusive world.  What are those deliberate and targeted measures?  
- Capacity building in business and financial training.  
- Networking forums on access to business and available opportunities.  
- Supporting women to access government incentives programmes.  
- Established the Sanitary Dignity Programme for women market accesses is in the 
entire value chain of manufacturing, packaging, storage, distribution and waste 
management.  
- Established the National Strategic Programme on Gender based Violence and Femicide.  
- Established the Gender Responsive Planning Budgeting Monitoring Evaluation and 
Auditing Framework.  
  WT/TPR/M/447/Add.1  
 
- 18 - 
 
  BRAZIL  
The Preferential Trade Agreement between MERCOSUR and SACU entered into force on 1 April 2016, 
granting mutual preference margins from 10 to 100% for  tariffs lines covered by parties (MERCOSUR 
1064 products lines HS and SACU 1052 products line).  
 
Question 1  
Do Southern African Customs Union Members see the Preferential Trade Agreement between 
MERCOSUR and SACU as a first step towards a more comprehensi ve and ambitious Regional Free 
Trade Agreement among the two regions? If the response is yes which may or should be the next 
steps?  
 
Lesotho:  The PTA with MERCOSUR is indeed the first step towards a Regional Trade Area 
Agreement. At an appropriate time an d under the right circumstances, parties should begin to 
engage on how to improve the existing market access dispensations.  
 
SACU:  Yes, Articles 29 and 30 of the Agreement provide for the expansion of the SACU - 
MERCOSUR PTA, which is currently limited in s cope covering around 1,000 tariff lines from 
both sides. In this regard, both parties have agreed to prioritize the full implementation of the 
concessions under the PTA. This includes engaging in trade promotion programmes and 
expanding awareness of the Ag reement among the business community in both regions to 
take advantage of the market dispensation.  Thereafter the Parties will assess the areas which 
require further expansion for mutual benefit. At the moment there are no timelines as to when 
this shall b e achieved. However, the parties' focus is to assess the utilization of the agreement 
to determine the gaps and the need for future expansion.  
 
Question 2  
Taking into account the Joint Administration Committee and the Phytosanitary Measures Annex of 
The Pr eferential Trade Agreement between MERCOSUR and SACU, do you consider that the 
mechanism has been frequently used since 2016 and has been able to solve bioregional SPS issues?  
In this context, Brazil informs the latest questions/proposals made to SACU Mem bers: 
a) South Africa – Brazil proposed on 9 October 2023 to update the sanitary certificate to the 
commerce of poultry and products.  
b) Eswatini – Brazil proposed on 16 September 2021 a draft of International Sanitary Certificate 
for the commerce of fertile eg gs. 
 
Eswatini:  Eswatini is open to trade with Brazil for fertile eggs. The International Sanitary 
Certificate was prepared, shared and agreed between the two country's authorities and is 
in full use as several consignments have successfully been imported since 2017.  
 
c) Namibia – Brazil asked on 2 February 2023 about the legal reform that demands an Import 
Permit for the products crossing the country to another destination.  
 
Namibia:  Namibia needs clarifications on this question.  
 
Question 3  
Under the SPS Agreement, which actions the Members of the Southern African Customs Union have 
adopted to avoid undue delay in answers from the authorities of third countries?  
 
Eswatini:  All the five SACU members are Parties to the SADC FTA where an annex on SPS 
issues under the SADC Protocol on Trade exist. SADC is not homogenous, and the situation in 
terms of SPS is not the same. In -order to speed up trade, SADC Members ensure that the 
various Competent Authorities in the different member states are avail able to respond to 
queries as soon as possible in relation to the area where the trade applies. Eswatini, through 
the Trade Information Portal (TIP) have published the requirements applicable for importation 
and exportation of animals and animal products.  
 
Lesotho:  Introduced a Trade Portal system where you login and get all information regarding 
importation and exportation of livestock and livestock products and requirements.  
 WT/TPR/M/447/Add.1  
 
- 19 - 
 
  Question 4  
Since the very first contact of a Third Country wanting to export an imal origin genetic material to 
SACU, which is the average delay to get an answer about the sanitary conditions need to start the 
approbation procedure?  
 
Eswatini:  Contact by the Veterinary Authority of the Third Country: The process depends on 
the availa ble information and details provided and exchanged between the two countries. The 
Veterinary Authority of Eswatini will normally finish the process of designing sanitary 
conditions within one month (2 -4 weeks). Contact by the importer: For importation of a ny 
product of animal origin including genetic material, Eswatini requires a formal written 
application (according to Stock Disease Regulation; Section 6 (2)) from the importer. The 
application will then be processed and the response will be processed withi n three days; such 
response detailing the required process (as detailed in answer to question 5 below).  
 
Lesotho:  The procedure takes only 3 -5 working days.  
 
Question 5  
Which is the average delay in SACU Members for a sanitary approbation or update of an animal 
origin product? Is the process predictable and accountable?  
 
Eswatini:  In case of veterinary import permit, the average period ranges from three days in 
cases whe re it is not the first importation and veterinary certification from that country has 
had prior approval within a short time period (last three months). If the disease situation in 
the country of importation changes, a risk assessment is done and the perio d takes a Risk 
Assessment approach which can take a minimum of 30 days.  
 
In case of first importation and from a country, or importation of a product that requires a set 
of new conditions a desk top risk assessment is the first step, which if there is need  may need 
a full import risk assessment. This process may take at least 30 days depending on extent 
required of the risk assessment. The outcome of the process is a sanitary import permit.  
To update an import permit may follow the same process depending on  information 
determining/affecting the required update.  
 
Lesotho:  The procedure takes only 3 -5 days working days.  
 
Question 6  
Do SACU Members have expedited procedures for updating sanitary certification in cases of animal 
diseases as "Influenza Aviaria"?  
 
Eswatini:  Yes, there are procedures for updating sanitary certificates from countries where 
there are changes in the status of avian influenza disease. The importing country will present 
the current disease status defining status in country as well as in the disease -free 
compartments. This allows importing country (Eswatini) to do desk -top risk assessment to 
inform changes in certification, all done in accordance with current scientific information and 
international standards.  
 
Question 7  
Which is the p rocedure adopted by SACU Members to allow the entrance and the transit of products 
of animal origin into their territories or in move to a Third country? DO SACU members have 
dispositions to assure that the transit of products of animal origin will not be interrupted?  
 
Eswatini:  Eswatini follows international standards of trade as much as possible and measures 
applicable during entry and transit of animal products are aligned to Chapter 5.5 of the World 
Organisation for Animal Health (WOAH) Terrestrial Cod e. Eswatini procedures are summarised 
as follows;  
i. Any country through which the transit of animals is required, and which normally 
conducts commercial transactions with the exporting country, should not refuse 
transit, subject to the reservations mentioned  below and on condition that advance 
notice is given of the proposed transit to the Veterinary Authority in charge of border 
posts.  
ii. Advance application is necessary stating the species and number of animals, the 
methods of transport and the border posts of  entry and exit.  WT/TPR/M/447/Add.1  
 
- 20 - 
 
  iii. Based on risks, Eswatini may refuse entry of goods in transit based on prevailing 
disease situation in the exporting country capable of being transmitted.  
iv. Permission to transit through Eswatini require an import permit of the country of 
destination with specific conditions, and presentation of the international veterinary 
certificates from country of origin.  
v. Any discrepancies or incomplete health certificates or anything seen to risk the country 
of transit may be refused and the consignmen t either returned to the exporting country 
or destroyed.  
vi. All movement of transit animals and products are under the effective 
control/supervision of an Official Veterinarian of Eswatini.  
vii. At the border animals and animal products transported in sealed vehicles or containers 
should have seals intact and reflected in the health certificates.  
 
As far as possible, Eswatini abide to SPS Agreements and international laws and standards in 
the transit of goods. Once the entry and transit requirements have been met, interruptions of 
transit within country would not be by design of veterinary services. Presentation of health 
certificate should be possible at any point during transport.  
 
Question 8  
Which is the procedure and average delay to get official answers ab out keeping trade flowing 
between a Third country and SACU?  
 
BRAZIL – ADDITIONAL QUESTIONS  
Question 9  – sugar  
Brazilian exports of sugar to South Africa have been affected by the application of the mechanism of 
the "Dollar Based Reference Price" (DBRP). Do  you consider reviewing this mechanism in the short 
term?  
 
South  Africa:  The aim of the current variable tariff formula is to ensure that Southern African 
Customs Union (SACU) producers are placed on a competitive footing relative to their 
international co unterparts whilst being mindful of producers costs as well as of the downstream 
price impact. The variable tariff formula is deemed to better suit the circumstances 
surrounding the production and trade of sugar, wheat and maize when compared to the normal 
ad valorem import duties that are in place for most other products. The variable tariff formula 
provides a swift tariff -based response, which is appropriate for commodities such as sugar due 
to the high frequency of variations in the price of this commodit y. World sugar prices have 
been increasing, necessitating a reduction in the tariff for sugar since 2021 to the extent where 
there are no import duties on sugar since August 2023, so a review is not foreseen in the near 
future.  
 
Question 10  – poultry  
Are you considering a reduction in the tariffs applied (82% for frozen entire poultry and 62% for 
frozen parties of poultry)? The Department of Trade of South Africa (DTIC) carries nowadays a public 
consultation in order to reduce tariffs for the imports of p oultry. Are you considering a permanent 
and general elimination or reduction of the specific antidumping tariffs applied since august 2023?  
 
South  Africa:  South  Africa response: The Minister of Trade, Industry and Competition 
directed the International Tr ade Administration Commission of South  Africa (ITAC) in terms of 
section 16(1)(d)(ii)  of the International Trade Administration Act, Act 71 of 2002, to consider 
the creation of a temporary rebate provision on meat and edible offal, fresh, chilled or frozen  
of fowls of the species Gallus Domesticus  classifiable under HS0207.1 taking into consideration 
the following aspects:  
 
(a) "The investigation must be done in an expedited manner;  
(b) Consideration must also be given to whether the temporary rebate should only be 
applicable to ordinary customs duties or whether rebating anti -dumping duties should 
also be included; and  
(c) The rebate must be made subject to a rebate permit issued by ITAC in consultation with 
the Director -General of DALRRD ". 
 WT/TPR/M/447/Add.1  
 
- 21 - 
 
  This Dire ctive follows an engagement between the Minister of Trade, Industry and Competition 
and the Minister of the Department of Agriculture, Land Reform and Rural Development 
(DALRRD) as well as a statement issued by DALRRD, which confirmed that South  Africa is 
currently dealing with a number of highly pathogenic avian influenza (HPAI) outbreaks, which 
led to the culling of 2 680 758 chickens as at 21 September 2023. The impact of the depletion 
of locally available poultry will have severe food security implicati ons on the availability and 
prices of poultry, which is a basic, staple protein in South  Africa.  
The directive was therefore published on 2  October  2023 for a period of two (2) weeks to allow 
interested parties to comment on the proposed short term measur e. 
 
  WT/TPR/M/447/Add.1  
 
- 22 - 
 
  CANADA  
QUESTIONS REGARDING THE SECRETARIAT REPORT ANNEX 1: BOTSWANA  
 
Page 30, Table 3.4 – Tariffs lines where the applied MFN rates might be higher than their 
bound levels, 2023  
Canada notes that for several tariff code lines, SACU Members are above their binding commitments. 
As reported in the Secretariat report 's paragraph 3.20, this is due to the imposition of non -ad valorem 
tariff in addition to regular ad valorem tariffs.  
 
Question 1:  
Is the organization considering a review of its tariffi cation framework for agricultural products in 
order to abide by its WTO commitments?  
 
Botswana:  SACU is considering a review of its tariffication framework for agricultural products 
in order to abide by its WTO commitments.  
 
Page 75, paragraph 3.47:  
It is noted that BOBS ' National Quality Policy (NQP), which was approved in April 2022, "draws 
attention to several inadequacies in Botswana's TBT regime, related to fragmented procedures, 
regulatory overlap, and lack of enforcement of compliance ". It is also no ted that NQP implementation 
and communication plans have been approved.  
 
Question 2:  
Could Botswana provide further detail on the status, next steps, and timelines relating to 
implementation of the NQP as it addresses these inadequacies?  
 
Page 81, Paragrap h 3.80.  
This section states that "it seems that foreign companies registered in Botswana may participate in 
public procurement, unless the purchase is under reservation. " 
 
Question 3:  
Could Botswana please confirm whether there are any restrictions to participation in public 
procurement for foreign companies registered in Botswana, other than those that are under 
reservation?  
 
Botswana:  There are no restrictions other than for those ac tivities that are under 
reservations. If an activity is under reservations, and no citizen owned companies, the local 
contractors (foreign owned companies registered in Botswana) can fill in the space.  
 
Page 82, Paragraph 3.83.  
This section notes that the Public Procurement Act 2021 envisages the establishment of a National 
eProcurement System.  
 
Question 4:  
Could Botswana please provide an update with regard to the status of the planned e -procurement 
system, as well as estimated timelines for completio n and implementation?  
 
Botswana:  Establishment of the e -procurement system is still at its initial stage, re -
engineered procurement processes are not yet aligned to the approved Procurement 
Regulations. Consultations with Stakeholder are ongoing for valida tion of the re -engineered 
Procurement processes.  
 
Page 90 – paragraph 4.20  
The Secretariat Report notes that the Government of Botswana is to terminate the ISPAAD program 
in FY2023/24 and replace it with a new programme called Temo -Letlotlo.  
 
Question 5:  
Could Bostwana provide further information about this program, including the eligibility criteria of 
Temo -Letlotlo?  
 WT/TPR/M/447/Add.1  
 
- 23 - 
 
  Botswana: The main objective of Temo -Letlotlo is to promote food security, especially at 
household level mainly driven by smallholder farmer s. The program also aims at promoting 
commercial production of grains by improving crop producer access to inputs and credit. This 
program will help to address the ongoing challenges of shortages of grain supply in the 
country. Temo -Letlotlo will also intr oduce insurance cover, seasonal guarantee loans as well 
as robust promotion of climate smart agriculture and this is expected to increase yield of 
selected crops.  
Unlike ISPAAD the new programme will be automated, and this will enable beneficiaries to 
conduct activities such as registration, leasing out farms as well as applying for grants and 
loans online.  
Eligibility  
• An individual who is a citizen of Botswana and aged 18 years and above  
• An individual registered in the crop management system as a farme r 
• Owner or a tenant of a farm.  
 
Question 6:  
Are there any other policy objectives other than promoting national sufficiency in food production?  
 
Botswana:  The main objective of the programme is to promote food security and 
sustainability, but the progra mme also aims at commercialising agriculture and promoting 
inclusivity in agricultural production of the vulnerable groups. This will be achieved by building 
rain-fed agricultural production systems that are youth, gender and disability sensitive as well 
as providing a safe production environment.  
 
Question 7:  
What specific agricultural products would benefit from the programme?  
 
Botswana:  Products covered by the programme are cereals and legumes as well as fodder 
for animal feed.  
 
 
QUESTIONS REGARDING THE SECRETARIAT REPORT ANNEX 4: NAMIBIA  
 
Page 245, Paragraph 3.90.  
This section notes that Namibia is in the process of applying to become a member of the WTO GPA.  
 
Question 8:  
Could Namibia please provide information on its anticipated timeframe for submitting its application 
for accession to the GPA?  
 
Namibia: The Government embarked on the reform process of the public procurement, 
including the preparation for the full implementation of the Public Procurement Act, 2015 (No. 
15 of 2015). The process included development of necessary regulations and implementation 
strategies as well as transitioning from the manual system to electronic  procurement system 
(e-GP). There is no specific timeframe for the country to subscribe to WTO GPA, however the 
process could be expedited once all regulations are operational.  
 
QUESTIONS REGARDING THE SECRETARIAT REPORT ANNEX 5: SOUTH AFRICA  
 
Page 293, pa ragraph 2.13  
As per the Secretariat report, South Africa continues to provide regular notifications to the WTO. 
However, this seems not to be the case for its notifications to the Committee on Agriculture – as 
reiterated in paragraph 4.18 of section 4 – for which the last domestic support notification was 
provided in 2015, covering the years 2011 to 2013.  
 
Question 9:  
Being among the world's biggest trader of several food products as per the Secretariat report 's 
findings (paragraph 4.6), could South Africa provide an update on when it plans to submit its 
outstanding domestic support notifications?  
 
South  Africa:  The process has begun, albeit at a slow pace. At most, the exercise can take 
several months to complete, i.e. by the end of 2024.  WT/TPR/M/447/Add.1  
 
- 24 - 
 
  Page 313, Paragrap h 3.90.  
This section notes that a new draft Public Procurement Bill was expected to be submitted to 
Parliament by March 2023.  
 
Question 10:  
Could South Africa please provide an update regarding the status of the draft Public Procurement 
Bill? 
 
Section 4 – Trade policies by sector  
Subsection 4.1.1.2 – Institutional, legislative, and policy framework  
Page 322, paragraph 4.12  
The Secretariat report mention the South African 's Agriculture and Agro -processing Master Plan 
objectives to expand product ion and food security by using various initiatives such has production 
scheme, commodity corridor or extension services. However, no information on the policy tools or 
support measure used to reach these objectives were available at the time of drafting th e report.  
 
Question 11:  
In light of the information above, could South Africa provide the Membership with an update on the 
Agriculture and Agro -processing Master Plan policies and tools used to achieve the aforementioned 
objectives?  
 
South  Africa:  The Agriculture and Agro -processing Master Plan (AAMP) is an operational 
framework to implement the goals of Chapter 6 of the National Development Plan, which is a 
growth plan for the country. Chapter 6 of the Growth Plan relates to agriculture and rural 
development. The AAMP is publicly available on the Department of Agriculture, Land Reform 
and Rural Development. It contains sector -wide and commodity -specific initiatives aimed at 
fostering inclusive sector growth to ensure food security and improve produ ctivity.  
  WT/TPR/M/447/Add.1  
 
- 25 - 
 
  CHINA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
Page 13, Para 1.10  
The EU -27 is the largest market for SACU exports, and the largest supplier of its imports (Tables 
A1.1 and A1.2). At the country level, China is the largest export mar ket, followed by the United 
States, Germany, the United Kingdom, and Japan (Table A1.1). China is also the largest single source 
of imports into SACU, followed by Germany, the United States, India, and the Kingdom of Saudi 
Arabia (Table A1.2). SACU's main export products are precious stones and metals; mineral products; 
base metals and products; transport equipment; and machinery and electrical equipment (Table 
A1.3). Its imports consist mainly of machinery and electrical equipment; mineral products (mainly  
fuel); chemicals and products thereof; transport equipment; and base metals and articles thereof 
(Table A1.4).  
 
Question:  
1. Will the Southern African Customs Union (SACU) member countries consider using RMB for 
international trade settlement? What are th e main obstacles or concerns?  
 
Eswatini:  Eswatini supports an open and liberalised trade regime with all our trading partners 
with added preferences to countries that have trade agreements or any form of economic 
development with us. The issue of currencie s is not a major factor but can be influenced by 
the volume and amount of trade with that particular country or currency. Where significant 
trade exists, the Eswatini business community would consider all options to reduce trade 
barriers and lessen the cos ts of doing business with that country.  
 
SACU:  SACU as a region has not initiated any discussions to explore the feasibility to develop 
a system whereby other non SACU currencies such as the RMB could be used to facilitate trade 
with some of its key tradin g partners.  
Introducing such an arrangement would require adjustments in the respective national 
monetary and fiscal policies to accommodate such. Considerations on the implications on 
macroeconomic stability and sovereignty within SACU Member States would need to be 
undertaken. Other issues that will have to be addressed is the potential effects of the RMB on 
the existing arrangements such as the Revenue Sharing Formula and Common Monetary Area 
which are based on the South African Rand.  
 
Page 1 4, Para 1.12  
Foreign direct investment (FDI) inflows into SACU members have been on an upward trend over the 
review period (Chart 1.6). The peak of FDI inflows in 2021 was mainly due to a single intra -firm 
financial transaction in South Africa in the secon d half of the year.  
 
Question:  
2. What are the specific requirements of SACU for foreign investors to invest in the member 
countries, e.g. do they need to have a local partner? What incentives are available?  
 
Eswatini:  As SACU members we are harmonizing S ACU member states' requirements in the 
investment area. This is done so that we avoid competing but complement each other. The 
harmonization of the investment environment is supported by the United Nations Conference 
on Trade and Development (UNCTAD) repor ts. The report states that the upward projectory 
in investment emanates from the trade at regional level.  
 
On the other hand, the Government of Eswatini (GoE) is reviewing its investment policy. The 
policy will clearly spell out all incentives that are in Eswatini. However, in the current period 
investors in Eswatini are not forced to partner with the locals. We however, have a bill that 
prohibits foreigners to invest in some businesses, particularly those reserved for MSMEs. Those 
businesses are for Emaswa ti only. This differs from sector to sector.  
 
Second the country as part of the investment incentives is providing land in the industrial 
estates at competitive rates. Other investment incentives include the Developmental Approval 
Order (DOA) which is prov ided for a certain number of years and its renewable on expansion. 
Lastly we have a programme of the factory shell construction, in which GoE provides the 
operational space which is rented out to interested businesses.  WT/TPR/M/447/Add.1  
 
- 26 - 
 
   
Page 26, Para 3.7  
The SACU Council o f Ministers adopted a Trade Facilitation and Logistics Programme on 21 April 
2021. The authorities indicate that the SACU CMP is to migrate to this Programme, which includes 
harmonization of behind -border administrative measures, formalities, documentary r equirements, 
procedures, charges and fees in the areas of standards, SPS, and other non -tariff barriers, as well 
as the following projects:  
a. Trade Digitalization and Digital Transformation Project: supporting migration from paper -
based and manual transac tions to paperless cross -border transactions; streamlining processes for 
the issuance of permits and licences for imports, exports, and transit goods; and streamlining 
procedures across all government agencies to facilitate trade.  
b. Infrastructure Develo pment Project: including building one -stop border posts, developing 
single windows and regional cargo conveyance decontamination centres, restoring roads and border 
infrastructure at key commercial border posts, and setting up biometric data systems such a s facial 
recognition and cargo monitoring and tracking systems.  
 
Question:  
3. How effective is the above -mentioned Trade Facilitation and Logistics Programme? Have customs 
clearance costs been reduced?  
 
SACU:  The SACU Trade Facilitation and Logistics Progr amme has not been fully implemented. 
An Operational Plan that intends to guide full implementation of the Programme was approved 
in June 2023. Work is underway to commence implementation of the approved Projects which 
will determine the effect on transacti on cost of doing business.  
 
Page 119, Para 1.9 (ANNEX 2: ESWATINI)  
 
Civil unrest has emerged as a significant new challenge in recent years. Large -scale demonstrations 
calling for political reform occurred in 2021, leading to loss of life, closure of schoo ls, and deployment 
of the army. Unrest also reflects discontent with high poverty, inequality, and a lack of opportunities. 
Tensions persisted in 2022 and 2023.  
 
Question:  
4. Could Eswatini please elaborate on the specific impact of the civil unrest in recent years on its 
trade and investment policies?  
 
Eswatini:  Firstly; it is imperative to state that, tensions and/or demonstrations did not persist 
in 2022 and 2023 and as such the country recently concluded the national elections in 
September 2023, whic h were peaceful, free and fair with no demonstrations. Regional and 
International observers came to oversee the election process. The civil unrest which happened 
in 2021 had an impact on infrastructure, but it was manageable because a Fund was 
established to compensate business owners who suffered a loss in terms of infrastructure and 
business went back to normal. Hence, there has not been any impact on the country's trade 
and investment policies in recent years due to civil unrest.  
 
It is also worthwhile t o indicate that Eswatini submitted comments to the WTO Secretariat to 
correct the information contained in this paragraph after receiving the draft report since the 
statement does not give a true reflection on the situation, particularly the last part whic h 
stipulates that "Tensions persisted in 2022 and 2023".  
 
Civil unrest in Eswatini only happened at the peak of covid -19, in 2021 when most countries, 
both developed and developing were experiencing the effects of covid and trying to adjust in 
different wa ys.  
 
During the peak period, the COVID -19 pandemic resulted in unprecedented effects on 
countries around the world, and Eswatini, like many other developing countries, experienced 
an unparalleled social and economic crisis. The crisis pushed the world int o its deepest 
economic decline with a number of developing countries being pushed into extreme poverty, 
with a rise in unemployment levels, including Eswatini. In Eswatini, where more than 70 
percent of the country's workforce is employed by the MSMEs and the informal sectors, COVID -
19 posed a major threat to livelihoods, jobs and income.  
 WT/TPR/M/447/Add.1  
 
- 27 - 
 
  Before COVID -19, the Kingdom of Eswatini was already experiencing key economic challenges 
and so the pandemic exacerbated an already fragile economic situation. Challeng es 
experienced include declining growth rate; high unemployment rate with a majority being the 
youth, women & MSMEs; high cost of doing business (High energy, communication and 
transport costs) just to mention a few. Growth declined from 2.4 percent in 201 8 to 1.3 percent 
in 2019 due to a slowdown in economic activity in the primary and tertiary sectors of the 
economy (2019 -2022 Economic Outlook). The current national unemployment rate stands at 
33.3 per cent while youth unemployment is at 58.3 per cent. Wi th covid -19 most family 
members have been pushed out of employment as a result of closure of most businesses, 
particularly MSMEs. Also, while some parts of the world seized the pandemic as an opportunity 
to accelerate the pace of digital transformation, ma intain business and encourage new ways 
of connecting, these opportunities have remained out of reach for many Emaswati due to 
expensive internet access.  
 
Government reacted in a proactive way by developing a national economic recovery plan to 
save the econ omy and livelihoods. Eswatini developed a Post COVID -19 Economic Recovery 
Plan to address the impacts of COVID -19 on the economy by creating opportunities for income 
generation and wealth, including job creation in key priority sectors of the economy for 
recovery such as Business; Agriculture; Infrastructure; ICT & Education; Tourism & 
Environment; Mining, Energy, & Water. There is a lot of investment made in these sectors and 
employment opportunities are being created for the locals.  
 
Impact of the civil u nrest on Trade and Investment Policies during that Period 
(Between 2021 and mid -2022)  
The impact on investment was a delay in the progress in implementation and those 
investments on the lead stage were also delayed. After recognizing that it was unique and  it 
was unprecedented the following were interventions taken by Government to ensure investors' 
confidence for Eswatini as an investment destination.  
 
Interventions:  
• A Recovery fund was established to compensate for the losses that were incurred, 
specifi cally on infrastructure.  
• The security was strengthened to ensure the transit of goods.  
• Escorting during transit is no longer necessary because the situation has normalised.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
Page 23, Para 3.4 (ESWATIN I) 
The government of the Kingdom of Eswatini will promote value addition and beneficiation of local 
primary products into high value processed products and the development of national, regional and 
global value chains in key sectors.  
 
Questions:  
5. Could Eswatini please describe the key sectors it plans to focus on and the rationale behind ? 
 
Eswatini:  
Key three (3) sectors of focus include the following:  
1. Agro -processing  
2. Pharmaceuticals  
3. Mining and Mineral Beneficiation  
 
Rationale:  
Agro-processing  
Agriculture provides a livelihood for around 70% of Eswatini's population. The country 
undertook an agro -value chain analysis study and developed a National Agro -Value Chain 
Development Strategy for Fruits and Vegetables, as wel l as Meat and Meat products. These 
two sub -sectors were identified based on the following criteria:  
I. High Export potential;  
II. High opportunities for employment;  
III. Product and market diversification;  
IV. Increased production and market competitiveness;  
V. Inclusion of women, youth and people living with disabilities; and  WT/TPR/M/447/Add.1  
 
- 28 - 
 
  VI. Environmental sustainability.  
 
Pharmaceuticals  
The Pharmaceutical sub -sector has emerged as a key priority sector for Eswatini, as well as in 
the region, especially in light of the current health and economic challenges brought about by 
the COVID -19 pandemic.  
 
Mining and Mineral Beneficiation  
Mining and Mineral Beneficiation as a priority sector for Eswatini is aligned to the SADC 
Industrialization Strategy and Road Map. The area of focus for the Strategy is participation in 
regional and global value chains.  
 
6. Could Eswatini please describe the specific policies and measures that have been taken or to be 
taken to promote value addition of local primary products?  
 
Eswatini:  
Policies:  
I. Industrial  Development Policy (2023 -2033);  
II. Industrial and Vocational Training Act;  
III. National Regulatory and Quality Policy;  
IV. Comprehensive Agriculture Sector Policy (CASP); Meat and Meat Products Value chain 
Strategy;  
vii. Fruits and Vegetables Value Chai n Strategy;  
viii. National Industrial Upgrading and Modernization Programme;  
ix. National Development Plan.  
 
Measures:  
I. Improve the effectiveness of the allocation of finance to local producers;  
II. Improve access to information;  
III. Improve and match s kills to the needs of the manufacturing sector;  
IV. Increase vertical integration in national value chains;  
V. Improve standardization, metrology, conformity assessment and accreditation and  
VI. Expand the use of alternative energy sources to support produ ction (Green Energy 
Certification).  
 
Page 55, Para 7.15 (SOUTH AFRICA)  
Trade and investment relations with industrialized economies are also an important aspect of our 
trade policy. Work to build industrial complementarities with the objective of shifting the structure 
of trade with dynamic economies of the South is ongoing e.g. with the BRICS countries.  
 
Question:  
7. What specific policies and measures has South Africa taken to establish and develop industrial 
complementarity? What are the industries concerned?  
 
Page 55, Para 7.16 (SOUTH AFRICA)  
South Africa sees tariffs as instruments of industrial policy, an orientation that calls for 
developmental tariff setting: tariff setting must support industrial and employment objectives. This 
appro ach implies that tariff setting represents a purposeful intervention and a strategic approach to 
tariff policy to build production capabilities, investment in human capital, research and innovation & 
technology and support industrial and employment objecti ves. An evidence -based, case -by-case 
assessment informs changes to tariffs (i.e. no a priori position). The full range of trade policy tools 
and trade defence measures are utilized to promote industrial development: import duties, rebates 
and draw -back of duties; anti -dumping duties, countervailing duties, and safeguards; and import 
and export control. The International Trade Administration Commission (ITAC) plays a pivotal role 
in tariff investigations and trade remedies.  
 
Question:  
8. How does South Afric a assess the effects of its tariff policy on its industrial and employment 
objectives? What are the criteria or indicators? Which sectors or products are the main targets of the 
trade policy tools?  
 WT/TPR/M/447/Add.1  
 
- 29 - 
 
  South  Africa: South Africa 's tariff policy calls for a developmental approach to tariff setting 
and International Trade Administration Commission of South Africa, which administers tariffs 
through its tariff amendment investigations, follows such a developmental approach in setting 
tariffs for both agricultura l and industrial goods. Decisions to recommend the amendment of 
tariffs are conducted in line with relevant legislation and are evidence -based, depending on 
the facts of each case. Key considerations revolve around increased domestic production and 
investm ent, job retention and creation, as well as international competitiveness.  
 
However, the aforementioned regulations also provides that ITAC's investigations are informed 
by the industrial policy and economic objectives of Government. Relevant in this regar d are:  
The National Development Plan;  
The New Growth Path;  
The Re -imagined Industrial Policy Action Plan; and  
The South African Trade Policy and Strategy Framework.  
 
PART III: OTHER QUESTIONS  
 
9. Please describe the relationship between SACU and the Afric an Continental Free Trade Area 
(AfCFTA). What is the status of implementation of the AfCFTA agreement by SACU member 
countries? Are the common external tariffs currently in place of SACU the same as the committed 
tariffs by SACU member countries in the AfC FTA agreement? What is the status of trade of SACU 
member countries within AfCFTA?  
 
South  Africa: All SACU Member States have signed and ratified the AfCFTA Agreement.  
SACU 's tariff offer on Category A - 90% of tariff book, was adopted by the AfCFTA Council  of 
Ministers Meeting held on 29 -31 May 2023 in Kenya. SACU 'S tariff offer is expected to be 
gazetted by the first week of November 2023.  SACU members will then be able to trade 
preferentially with those AfCFTA members that have gazette their tariff offers . The final 
schedules covering the remaining 10% category of the tariff books (7% sensitive products and 
3% excluded products) remain to be finalized in the next year.  
 
SACU:  All SACU Member States are state parties to the AfCFTA in their own right. Howeve r, 
in pursuance of Article 31 of the SACU 2002 Agreement, SACU member States have negotiated 
the AfCFTA Protocol on Trade in Goods collectively and made a common tariff offer to the 
AfCFTA partners in that regard. Thus far, SACU's tariff concession coverin g 90% of the tariff 
book has been adopted by the AfCFTA Council of Ministers and SACU Member States are 
currently busy with legislative processes to effect implementation at the national level. With 
regard to the remaining 10% (7 and 3% of the sensitive an d exclusion lists, respectively), the 
negotiations are expected to be concluded by next year.  
It must be noted that the 2002 SACU Agreement only regulates the conduct of SACU Member 
states as far as trade in goods is concerned. On other trade issues, the r elationship between 
SACU Member states versus the AfCFTA is that of collaboration and cooperation, meaning that 
each country is at liberty to advance individual positions as may be informed by their 
respective national interests.  
 
CHINA – ADDITIONAL QUESTIONS  
PART I: QUESTIONS REGARDING THE SECRETARIAT  REPORT   
 
Page 4, Para 8  
Under the SACU treaty, the members have harmonized almost all customs -related matters (including 
the external tariff), and excise duties. To ensure single entry and f ree circulation of merchandise 
within the Union, revenues from harmonized duties and taxes are pooled in a common fund and 
distributed to the five SACU member countries on the basis of a formula. They constitute a major 
source of revenue for the four small er economies while accounting for less than 3% of South Africa's 
tax revenue. Moreover, a series of reforms have been implemented over the review period, including 
modernization of customs legislation, risk management and its enforcement, the Authorized 
Economic Operator (AEO) Programme, IT connectivity, and transport and logistics programmes.   
 
Question s: 
1. Please introduce the formula used to distribute the revenue from duties and taxes to the five SACU 
member countries.  WT/TPR/M/447/Add.1  
 
- 30 - 
 
   
SACU:  The SACU Revenue Sharing Formula (RSF) distributes the customs and excise duties 
collected through three (3) components; namely, the Customs Component, Excise Component 
and Development Component. Each component is calculated as follows:  
(a) Customs Compon ent - consist of the customs duties and allocated based on each 
country 's share of total intra -SACU imports. The higher the Member State 's intra -SACU 
imports the higher the revenue share from this component.  
(b) Excise Component  - constitute 85 percent of the excise duties collected and is 
distributed based on each country 's share of total SACU Gross Domestic Product (GDP). 
The higher the GDP, the higher the share of the Member State from this component.  
(c) Development Component  - currently fixed at 15 pe rcent of the excise duties collected. 
This is distributed according to the inverse of each country 's GDP per capita. The deviation 
in GDP per capita from the SACU average is reduced by a factor ten (10) to reduce 
disparity in the distribution of shares for  the Development Component. This component 
is distributed in favour of the less developed Members of the Customs Union.  
 
2. Is the "customs legislation" reform implemented concerned with the treaties signed with China? 
Please list representative measures or c ases with respect to the modernization of customs risk 
management and enforcement, and to IT connectivity.  
 
SACU:  On IT Connectivity SACU Member States have developed IT Connectivity Framework 
that enables automatic exchange of customs data. Currently the focus is on improving the 
quality of the data that is exchanged and to correct systems errors that are identified. More 
work will be done to educate Exporters on the use of the Unique Consignment Reference code 
to minimize errors. For Risk Management and E nforcement, SACU has developed Risk 
Management and Compliance Strategies, and these are used to identify, treat, and mitigate 
high risk commodities that are in circulation within the Customs Union. Depending on the 
nature of the risks identified, Joint Enf orcement Operations are conducted as part of the 
treatment of the risks identified.   
 
Page 5, Para 10  
SACU's 2023 tariff contains 8,420 lines at the HS eight -digit level, of which 318 (3.8%) carry non -
ad valorem duties, i.e. specific (two types), mixed (tw o types), and formula (variable) duties. Over 
the review period, the tariff regime has been further complicated by the introduction of conditions 
under which one type of specific duties is affected by price changes, i.e. the differences between the 
moving average of international settlement prices and the established domestic prices.   
 
Question:  
3. Please introduce the conditions for specific duties to be affected by price changes, i.e., the 
differences between the moving average of international settlement prices and the established 
domestic prices.  
 
SACU:  The aim of the current variable tariff formula is to ensure that Southern African 
Customs Union (SACU) producers are placed on a competitive footing relative to their 
international counterparts whilst being mindful of producers ' costs as well as of the 
downstream price impact. The variable tariff formula is deemed to better suit the 
circumstances surrounding the production and trade of sugar, wheat and maize when 
compared to the normal ad valorem import duties that are in place for most other products. 
The variable tariff formula provides a swift tariff -based response, which is appropriate for 
commodities such as sugar due to the high frequency of variations in the price of this 
commodity.  
 
Page 5, Para 11  
Overall, the simple average applied MFN tariff rate  is 8.5% in 2023, slightly up from 8.3% in 2015, 
reflecting a nomenclature change. More than half (53.8%) of total tariff lines is duty free. Tariffs 
higher than 50% apply mainly to some poultry meat, cheddar and gouda, pineapples, and worn 
clothing. The h ighest ad valorem rate (95%) applies to some dairy products, and the highest ad 
valorem  equivalent (AVE) (532.3%) applies to some worn textile articles.  
 
Question:  
4. Does South Africa have policies that give least developed countries preferential tariff tre atment? 
If yes, please explain.  WT/TPR/M/447/Add.1  
 
- 31 - 
 
  Page 6, Para 17  
SACU countries are neither signatories nor observers to the WTO plurilateral Agreement on 
Government Procurement. Their national government procurement legislations provide for 
reservation or price preference  schemes for local businesses. Over the review period, Botswana and 
Lesotho have promulgated new legislation on government procurement. Namibia has established a 
new legal and institutional framework on government procurement.   
 
Question:  
5. Do the SACU count ries plan to join the WTO Agreement on Government Procurement?  
 
Page 81, Para 3.81 (ANNEX 1: BOTSWANA)  
The Act provides for reservation and price preference schemes for citizen and citizen contractors 
pursuant to the Government's "economic and social objec tives" (Article 72).95 According to Article 
73, a procuring entity should unbundle a tender to promote participation of a citizen or citizen 
contractor. Article 76 further stipulates that, except as otherwise provided under this Act, all works, 
services, a nd supplies procurement should be reserved for a citizen or citizen contractor. In 
particular, certain procurement activities are reserved for local producers or suppliers.  
 
Question:  
6. Could Botswana please introduce the preferential prices given to its ci tizens or citizen contractors 
in government procurement?  
 
Page 140, Para 3.76 (ANNEX 2: ESWATINI)  
Under the regulations, a price preference of up to 15% may be granted to Eswatini companies in the 
bidding process.  Foreign companies may also be granted a price preference of up to 7.5%  
if they subcontract to Swazi companies or supply Swazi manufactured goods.  
 
Question:  
7. Could Eswatini please explain how it defines Eswatini companies (local companies) in government 
procurement? If a foreign company is registered locally, will it be deemed to be a local company?  
 
Eswatini:  The definition of Eswatini companies is enunciated in regulation 12(2) of the Public 
Procurement Regulations 2020, where it is provided that the company must be registered in 
Eswatini, that is, under the Companies Act of 2009, and further that at least sixty percent 
(60%) of controlling shares be owned by Eswatini citizens. This definition therefore provided 
by the Regulations issued under  the Public Procurement Act of 2011, envisages that a foreign 
company registered in Eswatini would not be deemed as local company if it does not make up 
to the 60% shares owned by the Eswatini citizens. The mode of attaining the citizenship of 
Eswatini is not an issue in this respect.  
 
Page 296, Para 3.5 (ANNEX 5: SOUTH AFRICA)  
Low-risk goods enter the South African market with no reaction from the system, while some of 
them may be subject to post -clearance inspection. Medium -risk goods are subject to docum entary 
review requirements, and high -risk goods must be  
physically examined.  
 
Question:  
8. Please brief on the rules, standards or dimensions used to identify the risk levels of goods. For 
goods on different levels of risks, are they subject to any other di fferent customs clearance 
requirements or subsequent supervision measures?  
 
Page 303, Para 3.41 (ANNEX 5: SOUTH AFRICA)  
The Export Credit Insurance Corporation (ECIC) provides export credit insurance for goods and 
services, with a view to improving the com petitiveness of South African exporters. It provides 
insurance coverage for losses arising from both political risk and commercial risk.  
 
Question:  
9. It is known that the ECIC has already dealt in short -term export credit insurance services. Please 
explain t he progress of such services, including products, business system designs, and pricing 
mechanisms.  
 WT/TPR/M/447/Add.1  
 
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  Page 313, Para 3.89 (ANNEX 5: SOUTH AFRICA)  
The regime provides for preferences to domestic suppliers. The National Industrial Participation (NIP) 
programme requires that suppliers of goods and services to the Government, with an import content 
equal to or exceeding USD 10 million or equivalent, must participate in domestic economic activity. 
This obligation requires the seller/supplier to engage in commercial or industrial activity equal to or 
exceeding 30% of the import content of total goods or services purchased under the government 
tender.  
 
Question s: 
10. Could South Africa explain its National Industrial Participation Programme (NIP)?  
11. Please elabor ate on the specific requirements for suppliers of goods and services to the 
Government, with an import content equal to or exceeding USD 10 million or equivalent, to 
participate in domestic economic activity.  
 
 
PART II: QUESTIONS REGARDING THE GOVERNMENT  REPORT  
 
Page 9, Para 1.26  
(i) Botswana, Eswatini, Lesotho, Namibia have connected their respective customs management 
systems with South Africa and are automatically exchanging customs information;  
 
Question:  
1. Please explain how governments promo te customs cooperation, how the mechanism operates and 
how it fares now. What customs information can be exchanged now among the five member 
countries?  
 
Page 61, Para 1.35  
South Africa is considering how best to respond – in a comprehensive and integrated  manner – to 
the challenges and opportunities arising from digital transformation.  
Page 61, Para 1.36  
Further assessment is required on a range of matters including overcoming the digital divide, the 
implications of customs duties on electronic transmissi ons on revenue and industrial policy; the role 
of data management for development; and technology transfer, amongst others.  
 
Question:  
2. Does South Africa have long -term plans for customs supervision over digital trade? If yes, please 
explain.  
  WT/TPR/M/447/Add.1  
 
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  DOMINICAN REPUBLIC  
Botswana  
3. Evolución de las políticas comerciales y relacionadas con el comercio  
3.1. Políticas y estrategias comerciales (pág. 15)  
 
3.12. Botswana se encuentra en las etapas preliminares de la creación de un sistema automatizado 
de ge stión del tránsito. El sistema simplificará, armonizará y racionalizará los procedimientos de 
cruce de fronteras. Se espera que este sistema apoye el establecimiento de una ventanilla única 
nacional, que está todavía en una primera etapa . La OMA será funda mental en la evaluación de la 
preparación de las instituciones pertinentes para aplicar la ventanilla única. (énfasis nuestro)   
 
1. ¿Podrían indicar cuál es la fecha estimada para el establecimiento definitivo de la ventanilla única?  
 
Botswana  
3. Trade and  trade -related policy developments  
3.1. Trade policies and strategies (page 14)  
 
3.12. Botswana is at preliminary stages in the development of an automated Transit Management 
System. The system will simplify, harmonize and streamline border crossing procedures. The system 
is expected to support the establishment of a National Single Wi ndow, which is still at infancy stage.  
The WCO will be instrumental in assessing relevant institutions' readiness to implement the Single 
Window. (emphasis added)  
 
1. Please indicate the date on which the single window is expected to be fully established.  
 
Botswana:  31 December  2027.  
 
2. ¿Cómo han proyectado el impacto que tendrá esta ventanilla única en la que no solo facilite el 
tránsito de personas entre fronteras, sino que también impulse el comercio?  
 
2. What impact is this single window expected to h ave not only on facilitating the movement of 
people across borders but also on boosting trade?  
 
Botswana:  
i. more efficient and faster processing in a paperless environment  
ii. increased compliance  
iii. accurate trade statistics  
iv. increase in government revenue  
v. rtc 
 
 
Sudáfrica  
7. Elaboración de políticas y respuesta  
7.1. Plan de reconstrucción y recuperación económica (pág. 58)  
 
7.3. El Plan de Reconstrucción y Recuperación Económica de Sudáfrica tiene tres fases, a saber:  
 
• una fase de intervención y control, centr ada en brindar una respuesta sanitaria global para salvar 
vidas y frenar la propagación de la COVID -19;  
 
• una fase de recuperación y reforma, en que se prevén intervenciones para restablecer la economía 
y al mismo tiempo controlar los riesgos sanitarios;  y  
 
• una etapa de reconstrucción y transformación, destinada a generar una economía sostenible, 
resiliente e inclusiva.  (énfasis nuestro)   
 
1. ¿Han considerado los desafíos y riesgos potenciales que se deben abordar en cada fase del plan?  
 WT/TPR/M/447/Add.1  
 
- 34 - 
 
  South Africa  
7. Policy development and response  
7.1. Economic reconstruction and recovery plan (page 54)  
 
7.3. The South  African Economic Reconstruction and Recovery Plan has three phases namely:  
 
• Engage and preserve, which includes a comprehensive health re sponse to save lives and curb the 
spread of the COVID -19 pandemic;  
 
• Recovery and reform, which includes interventions to restore the economy, while controlling the 
health risks; and  
 
• Reconstruction and transformation that entails building a sustainab le, resilient, and inclusive 
economy.  (emphasis added)  
 
1. Have you considered the potential challenges and risks that need to be addressed in each phase 
of the plan?  
 
 
2. ¿Cuáles son las medidas que se tomarán para garantizar que la economía sea resilien te e inclusiva 
en la etapa de reconstrucción y transformación?  
 
2. What measures will be taken to ensure that the economy is resilient and inclusive in the 
reconstruction and transformation phase?  
 
INFORME DE LA SECRETARÍA WT/TPR/S/447  
2.2. Unión Aduanera de África Meridional (SACU)  
2.2.1. Estructura institucional (Pág. 18)  
 
2.7. El marco institucional de la SACU no cambió durante el período objeto de examen (cuadro 2.1). 
Aún no se ha establecido la Junta Arancelaria, por lo que la Comisión de Administración del Comercio 
Internacional de Sudáfrica (ITAC)  se sigue encargando de  sus labores de manera provisional, y el 
Ministro de Comercio de Sudáfrica sigue siendo la autoridad encargada de adoptar las decisiones 
pertinentes en materia de aranceles aduaneros y las medidas comerciales correctivas (secciones 3.3 
y 3.3.7). Según se i nforma, durante el examen a mitad de período del Plan Estratégico de la SACU 
2022-2027 se examinará el establecimiento de la Junta Arancelaria. Tampoco se ha establecido aún 
el tribunal previsto en el artículo 13 del Acuerdo de la SACU. A este respecto, la s autoridades señalan 
que desde el último examen los miembros de la SACU no han tenido diferencias sobre la 
interpretación o aplicación del Acuerdo que hayan requerido aplicar el artículo 13 del Acuerdo. 
(énfasis nuestro)   
 
1. ¿Cuáles son los motivos que h an impedido el establecimiento de la Junta Arancelaria?  
 
REPORT BY THE SECRETARIAT WT/TPR/S/447  
2.2. Southern African Customs Union (SACU)  
2.2.1. Institutional structure (page 16)  
 
2.7. SACU's institutional framework did not change during the review period (Table  2.1). The Tariff 
Board has not yet been established and its work continues to be undertaken on an interim basis by 
South Africa's International Trade Administration Commissi on (ITAC) , with the South African Trade 
Minister remaining the decision -making authority on customs tariffs and trade remedies 
(Sections  3.3 and 3.3.7). Reportedly, the establishment of the Tariff Board will be considered during 
the mid -term review of the SACU Strategic Plan (2022 -2027). The Tribunal as provided for in 
Article  13 of the SACU  Agreement has also not yet been established. In this regard, the authorities 
note that there have been no disputes regarding the interpretation or application of the Ag reement 
among the SACU members since the last review period that would necessitate the application of 
Article  13 of the Agreement. (emphasis added)  
 WT/TPR/M/447/Add.1  
 
- 35 - 
 
  1. What has prevented the establishment of the Tariff Board?  
SACU:  The discussions on the establishment of  the Tariff Board were put on hold to be 
revisited during the mid -term review of the SACU Strategic Plan 2022 -27 which is slated for 
July 2025.  
 
DOMINICAN REPUBLIC – ADDITIONAL QUESTIONS  
Documento WT/TPR/G/447  
PÁGINA 4.  
6. Durante el período examinado entraron en vigor nuevos acuerdos comerciales regionales (ACR): 
entre los Estados de la SACU, Mozambique y el Reino Unido en 2021; los Estados de la SACU, 
Mozambique y la Unión Europea en 2016; y los Estados de la SACU y el Mercado Común del Sur 
(MERCOSUR) en 2016. Todos los Estados de la SACU han ratificado el Acuerdo sobre la AfCFTA, pero 
todavía no han realizado transacciones comerciales en su marco. En 2022 entró en vigor el Protocolo 
sobre el Comercio de Servicios de la Comunidad de Desarrollo de África Meridional (SADC). La 
utilización de preferencias por parte de los países de la SACU varía de un miembro a otro, y es 
relativamente baja en el caso de los países con poca diversificación de productos y cuyas 
exportaciones consisten sobre todo en productos libres de derechos en régimen NMF.  
 
Pregunta.  Dado el acercamiento comercial entre la  Unión Aduanera de África Meridional y la región 
latinoamericana, ¿tienen las autoridades de la Unión Aduanera de África Meridional la i ntención de 
continuar las exploraciones comerciales en la región?  ¿Es posible conocer las estrategias existentes 
en la actualidad sobre al particular?  
 
Document WT/TPR/G/447  
PAGE 4  
6. Over the review period, new regional trade agreements (RTAs) entered into force between SACU 
states, Mozambique and the United Kingdom in 2021; SACU states, Mozambique and the European 
Union in 2016; and SACU states and the Southern Common Market (MERCO SUR) in 2016. All SACU 
states have ratified the AfCFTA agreement but they are yet to trade under it. A SADC Protocol on 
Trade in Services entered into force in 2022. Preference utilization by SACU countries varies from 
one member to another: it is relative ly low for countries that lack product diversification and with 
exports that mostly consist of MFN duty -free goods.  
 
Question.  In view of the trade rapprochement between the Southern African Customs Union (SACU) 
and Latin America, do the SACU authorities intend to continue commercial explorations in the region?  
Could you inform us what strategies currently exist in this regard?  
 
SACU:  SACU is considering the possibility of lifting the current moratorium on new trade 
agreements with third parties subject to  an assessment of utilization of existing trade 
preferences and which proposed agreements could be a priority in future.  
 
PÁGINA 7.  
22. La economía de Lesotho está dominada por el sector de los servicios (alrededor del 60% del 
PIB), seguido del sector manu facturero (casi el 20% del PIB). El país es rico en diamantes, pero las 
actividades de valor añadido siguen siendo débiles. La economía se enfrenta a cuestiones 
ambientales apremiantes, de ahí que la principal política del Gobierno tenga por objetivo afron tar el 
deterioro del medio ambiente y el cambio climático. En cuanto a la agricultura, la finalidad de la 
política del Gobierno (incluso en relación con la ayuda interna) es promover soluciones 
climáticamente inteligentes para los agricultores, crear infra estructuras físicas que tengan en cuenta 
el medio ambiente y facilitar el acceso a la financiación de la acción climática. Las autoridades 
persiguen también el objetivo de mejorar los medios de subsistencia económica de las personas que 
trabajan en el sect or de los diamantes, entre otras cosas, mediante la aplicación de un régimen de 
incentivos fiscales y la promoción de prácticas sostenibles. Por lo que respecta al sector de la energía, 
el Gobierno ha adoptado una política energética global destinada a pro mover el suministro de energía 
respetuosa con el medio ambiente. Entre los desafíos con que se enfrenta el sector manufacturero 
(en particular la industria textil) figuran la erosión de las preferencias y las limitaciones internas, 
como la escasa cualifica ción de la mano de obra y la mala infraestructura. La Ley de Instituciones 
de Normalización de Lesotho entró en vigor en 2020, y la Institución de Normalización de Lesotho 
fue establecida el mismo año como organismo encargado de elaborar las normas naciona les. 
 WT/TPR/M/447/Add.1  
 
- 36 - 
 
  Pregunta.  ¿Podría el gobierno de Lesotho compartir, en caso de tenerlo, el documento de política 
de gobierno para afrontar el deterioro del medio ambiente y cambio climático?  
 
Page 7  
22. Lesotho's economy is dominated by the services sector (about 60% of GDP), followed by 
manufacturing (nearly 20% of GDP). The country is diamond rich, but value addition activities remain 
weak. The economy is confronted with pressing environmental issues; hence the Government's 
major policy aims at addressing environmental deterioration and climate change. On agriculture, the 
Government's policy (including domestic support) aims to promote climate -smart solutions for 
farmers, build environment -sensitive physical infrastructure and facilitate access to climate f inance. 
The authorities are also aiming to improve economic livelihood in the diamond mining through, inter 
alia, the implementation of a tax incentive regime and the promotion of sustainable practices. On 
the energy sector, the Government has adopted a co mprehensive energy policy which seeks to 
promote environmentally friendly energy supply. The challenges to the manufacturing sector 
(notably the textiles industry) include preference erosion and domestic constraints such as low -
skilled labour and poor infr astructure. The Lesotho Standards Institutions Act entered into force in 
2020, and the Lesotho Standards Institution was established in the same year as the body in charge 
of developing national standards.  
Question.  If it has one, could the Government of L esotho share its policy document for addressing 
environmental deterioration and climate change?  
 
  WT/TPR/M/447/Add.1  
 
- 37 - 
 
  EUROPEAN UNION  
WT/TPR/S/447 – WTO Secretariat Report  
Summary  
Paragraph 7, page 4: "The five SACU countries actively participate in the WTO. They continue to 
fulfil their notification obligations to the WTO with varying degrees of regularity. The authorities 
indicated being taking steps towards the ratification of the Agreement on Fisheries Subsidies… " 
 
EU question 1:  Could SACU countries please provide an update on the progress and the projected 
dates of completion of their respective domestic procedures for accepting the WTO Agreement on 
Fisheries Subsidies?  
 
Botswana:  Botswana has submitted the instrument of acceptance on 23 October 2023.  
 
Eswatini: Consultations are still ongoing with the relevant stakeholders, thereafter the 
Agreement will be presented to the Attorney General's Office, Cabinet and ultimately 
Parliame nt. Following that the country has just concluded her national elections; with the 
coming in of new parliament the process should be concluded by December 2024.  
 
Paragraph 23, page 7 : "…In addition to the SACU CET, Namibia applies various trade policy 
instruments on imports of agricultural products such as quantitative restrictions and seasonal bans 
combined with local purchase requirements…. " 
 
EU question 2 : Could Namibia please clarify whether these measures also apply to imports under 
preferential trade agreements that Namibia is party to?  
 
Namibia:  The measures applies to imports from all our trading partners. These measures are 
implemented to stimulate agricultural production and ensure food security and sufficiency.  
 
COMMON REGIME  
2.1 Overview  
Paragraph 2.5, page 15 -16: "As indicated in the SACU Strategic Plan 2022 -27, some of the 
achievements in implementing the SACU Work Programme since 2020 have included (i) identifying 
priority sectors for the development of regional value chains as well as agreeing on a vision for these 
sectors (agro -processing industries (such as leather and leather products, fruits and vegetables, 
meat and meat products); textiles and clothing; and cosmetics and essential oils) and public policy 
interventions to support th em; (ii) steps to improve the determination of revenue shares from the 
common revenue pool (Section 2.2.2), through better and more harmonized data collection; (iii) 
various trade facilitation initiatives including the development of a SACU customs policy,  an annex 
to the SACU Agreement, 2002 on Mutual Administrative Assistance, the development of a Single 
Administrative Document for customs declarations, improved connections between customs 
management systems, and implementation of national AEO compliance programmes; (iv) the 
adoption of rules of procedure for the SACU Summit (see below); (v) unified engagement in the 
various RTAs that have recently entered into force, including the development of systems to manage 
tariff quotas under some of these RTAs (Se ction 2.4); and (vi) the implementation of several 
initiatives to strengthen the capacity of the SACU Secretariat. "  
 
EU question 3:  It is indicated that implementation of national AEO compliance programmes is one 
of the achievements in implementing the S ACU Work Programme since 2020. Could SACU members 
explain what are the plans for further developing the AEO programmes?  
 
Eswatini: The country plans to:  
• Expand the program to other operators within the supply chain as currently 
only importers and exporters  have been enrolled under the program.  
• Implement the SACU mutual recognition arrangement in order for accredited 
operators to be recognised in other SACU countries and enjoy benefits at the 
regional level.  
• Amend legislation and incorporate elements that a re addressed through safety 
and security criteria in order to expand the scope of the program from Customs 
Compliance to the second level of safety and security.  WT/TPR/M/447/Add.1  
 
- 38 - 
 
  SACU:  The main focus is to upskill and provide technical capacity for Member States to 
increase the AEO uptake by traders. In addition, SACU Member States have signed a Mutual 
Recognition Arrangement (MRA) for intra -SACU trade, and the immediate priority is to 
capacitate Member States to implement the MRA. Furthermore, there are future plans to enter 
into MRAs with other regions in África and beyond.  
 
2.4 Regional trade agreements  
Paragraph 2.15, page 18:  "The Tripartite Free Trade Area (TFTA) between the SADC, C OMESA, and 
the East African Community (EAC) was signed on 10 June 2015. All SACU members are parties to 
this Agreement through their membership in SADC. However, the Agreement is not yet in force 
pending the required ratification by three additional member s, and the fact that negotiations under 
the AfCFTA have progressed more rapidly….Phase II involves negotiations of protocols on trade in 
services and trade -related matters (including competition policy, cross -border investment, trade and 
development, and i ntellectual property rights (IPRs)). A draft Tripartite Protocol on Competition 
Policy has been concluded and is undergoing legal scrubbing, while work on trade in services and 
other trade -related areas is still in the initial stages. " 
 
EU question 4:  The Secretariat Report indicates that additional ratifications are required for the 
Tripartite Free Trade Area (TFTA) to come into effect. With respect to the possible phase II 
negotiations, could SACU members explain what will be the relation of the envisaged  protocol on IPR 
to that adopted by the AU for the AfCFTA?  
 
South  Africa:  The Modalities for the Tripartite Free Trade Area negotiations of the IPR Protocol 
have not yet been agreed. Therefore, the negotiations of the TFTA IPR Protocol have not yet 
commenced. Notwithstanding, there is general agreement by Trade Ministers in the T-FTA, to 
which all SACU countries are members that legal instruments developed at T -FTA level must 
be aligned to those of the AfCFTA in order to avoid implementation challenges.  
 
Notwithstanding, there has been commendable progress in terms of AfCFTA IPR  protocol 
negotiations. At AfCFTA level, the negotiations of the IPR protocol have been finalized and 
subsequently, the AU Heads of State and Government Summit held on 18 -19 February 2023, 
in Addis Ababa, Ethiopia adopted the IPR Protocol with a built -in agenda for the finalisation of 
outstanding issues, including the negotiation of the  relevant Annexes to the Protocol.  
 
It is also to be noted that, in accordance with Article 34 of the Protocol, the Protocol requires 
a process of ratification in accordance  with national procedures for Entry into Force (threshold 
of 22 Member States).  
 
SACU:  The TFTA protocol on IPR is likely to be aligned with that the AfCFTA Protocol on IPR.  
 
Paragraph 2.26, page 20:  "Upon entry into force of the Agreement, the European Union granted 
duty-free access to 98.5% of its total tariff lines on imports from Mozambique and all SACU Members 
except South Africa…. " 
 
EU question 5:  The EU would like to clarify that it grants duty free, quota free access to all products 
excep t arms and ammunition  from Mozambique and SACU Members (except South  Africa).  
 
SACU:  This correct.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Customs procedures and valuation  
Paragraph 3.1, page 25 : "Customs procedures in Southern African Customs Union  (SACU) members 
have not yet been fully harmonized. The authorities state that over the review period, SACU 
members have been implementing the SACU Customs Policy through the Customs Modernisation 
Programme (CMP). The CMP focuses on, inter alia, modernizat ion of customs legislation, the 
Authorised Economic Operator (AEO) Programme, risk management and its enforcement, IT 
connectivity, and transport and logistics programmes ." 
 
EU question 6:  It is stated that SACU members have signed a mutual recognition agr eement to 
recognize each other's traders with the status of an AEO. Could SACU members specify whether an WT/TPR/M/447/Add.1  
 
- 39 - 
 
  agreement has also been implemented / is in the process of being implemented for the mutual 
recognition of AEOs of SACU members with another country?  
 
Eswatini: The mutual recognition agreement has not been implemented, the members are 
developing an implementation plan to operationalise the MRA.  
 
SACU:  The Mutual Recognition Arrangement (MRA) signed is for intra -SACU trade, and it is 
not yet implemented. The immediate priority is to enhance capacity in Member States to 
implement the MRA. Furthermore, there are future plans to enter into MRAs with other r egions 
in Africa and beyond.  
 
EU question 7:  Could South Africa please explain which progress has been achieved in 
harmonisation and the Customs Modernization Programme (CMP)?  
SACU:  Some SACU Member States have automated customs data exchange for Export 
transactions and work is underway to enhance t he data matching process. In addition, the 
SACU Member States are implementing Risk Management Strategy that is supported by 
Quarterly risk registers and these are used to identify and treat high risk commodities that are 
in circulation in the Common Custo ms Area.  
 
Paragraph 3.5, page 25 : "The Risk Management and Compliance Strategy developed at the regional 
level is used to support implementation of the AEO Programme. SACU is also implementing joint 
customs enforcement operations, with a view to preventing  the entry and circulation of illegal trade. " 
 
EU question 8:  With regards to joint customs enforcement operations, is there a plan to include 
other Governmental Authorities to the joint operations (possibility of Customs – Other Governmental 
Authorities c ooperation)?  
 
SACU:  There are future plans to include Other Government Agencies in the Joint Enforcement 
Operations as part of implementation of the SACU Trade Facilitation and Logistics Programme 
that expands the scope of cooperation to include Border Coordination.  
 
3.3 Tar iffs and other charges  
3.3.7 Contingency trade remedies  
 
Paragraph 3.31, page 33:  "There have been no significant changes to the legal and institutional 
framework on contingency trade remedies in SACU. SACU members apply anti -dumping, 
countervailing, or sa feguard measures imposed by South Africa upon recommendation by ITAC and 
approval by the South African Minister of Trade and Industry. The Trade Remedies Unit of ITAC 
investigates applications for anti -dumping, countervailing, and safeguard actions. " 
 
EU q uestion 9:  In antidumping investigations conducted by ITAC, the essential facts letter, in 
particular, the injury and causality -related facts, are often not very detailed and do not take account 
of the comments previously submitted by the parties. Could So uth Africa indicate if there is currently 
any planned projects to improve the analysis and increase transparency with regards the essential 
facts letter?  
 
South  Africa:  South Africa takes due cognisance of the guidance by the WTO Panel and AB 
Reports regar ding the essential facts to be disclosed during an anti -dumping investigation. 
The Commission 's Essential Facts letter has, as its purpose, to disclose, in addition to the 
record of documents, the essential facts under consideration by the Commission. For this 
reason, the Essential Facts letter includes the reference that the final decision by the 
Commission will be based on its preliminary findings and on the comments received from 
interested parties.  
 
WT/TPR/S/447 – Annex 1 – BOTSWANA  
 
2.3.1 WTO  
Paragraph 2.14, page 64:  "Botswana has never participated in any trade dispute before the WTO's 
dispute settlement mechanism. It submits tariff and trade data annually to the WTO Integrated 
Database (IDB) and continues to make regular notifications to the WTO (Table 2.3). However, some 
notifications were outstanding as of 30 June 2023: Agriculture: use of special safeguard, export WT/TPR/M/447/Add.1  
 
- 40 - 
 
  subsidies, and domestic support/ Market Access: import licensing procedures, and quantitative 
restrictions; and customs valuatio n (checklist of issues)/ Rules: subsidies and countervailing 
measures (new and full notification under Article 25.1, and countervailing measures legislation), and 
state trading enterprises. " 
 
EU question 10:  Could Botswana please specify where it stands wi th the outstanding WTO 
notification in the agricultural field - use of special safeguard (Articles 5.7 and 18.2 AoA), export 
subsidies (Articles 10 and 18.2 AoA), and domestic support (Article 18.2)?  
 
Botswana:  Botswana will submit all outstanding agriculture notifications to WTO Secretariat 
by March  2024.  
3.3.7.3.2 Industrial property  
Paragraph 3.95, page 84:  "...The main provisions of the law are described in detail in Botswana's 
previous Review. A review of the Industrial Property Ac t is ongoing; major issues include 
strengthening public health flexibilities, reinstating of patent rights, and establishing a Tribunal to 
address disputes. " 
 
EU question 11 : According to the report, a review of the Industrial Property Act is ongoing. Coul d 
Botswana please provide more details on which IP rights are subject to this exercise, any timelines 
and whether this also includes accession and/or domestication of international IP treaties?  
 
Botswana:  The review intends to address international treaties and any emerging issues, 
finalisation of the review is envisaged by mid 2024.  
WT/TPR/S/447 – Annex 2 – ESWATINI  
3.3.6 Intellectual property rights  
Paragraph 3.79, page 140 -141: "Eswatini is a member of WIPO and participates in variou s 
international IPR arrangements (Table 3.3). At the regional level, Eswatini is a member of the African 
Regional Industrial Property Organization (ARIPO). It has signed the Banjul Protocol (trademarks) 
and the Harare Protocol (patents, industrial designs,  and utility models). Through ARIPO, Eswatini is 
in the process of acceding to the UPOV Convention. " 
 
EU question 12:  The report notes that Eswatini is in the process of acceding to the UPOV 
Convention. Could Eswatini please indicate a timeline for this an d any other planned accession to 
international IP treaties? Is there any timeline for the IP tribunal to become operational?  
 
Eswatini:  
• In the ARIPO forum, the UPOV conversations stalled and the 2015 Arusha Protocol for 
the Protection of New Plant varieti es commenced. It is not yet operational as more 
members are still consulting domestically.  
• Stakeholder consultations on IP internet treaties are complete and are awaiting the 
incoming Cabinet for progress through the Parliamentary processes.  
• The tribunal o perationalization is planned to be complete within two years. The 
operationalization of the accompanying IP statutes of 2018 was only initiated in 2021.  
 
WT/TPR/S/447 – Annex 3 – LESOTHO  
3.3.7 Intellectual property rights  
Table 3.4, page 188:  Trademark and patent applications and registration, 2016 -23 
 
EU question 13: Table 3.4 shows a significant drop in trademark registrations from the years 2016 
and 2017 to the subsequent years. Could Lesotho clarify if it is aware of any specific reasons beyond 
the effects of the COVID -19 pandemic for this drop in registrations?  
 
Lesotho:  From the year 2016 to the year 2022, the reasons for having fewer Trademark 
applications and registrations is that Lesotho had serious issues with the Industrial Property 
Automation System (IPAS) which is the system used to administer Trademark workflow, from 
application to registration and post registration activities. These issues included among others 
the problems with the server which was used to host the syste m. The server was more often 
than not, not working. And when it finally worked, it ultimately crashed. This resulted in a 
significant drop in applications as well as registrations of trademarks. In 2022, Lesotho 
received assistance from World Intellectual Property Organization (WIPO) for the hosting of WT/TPR/M/447/Add.1  
 
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  IPAS on cloud managed by the Organization and the supply of an updated version of the 
system. This has led to more stability on the system to facilitate registrations.  
 
WT/TPR/S/447 – Annex 4 – NAMIBIA  
 
3.2.3  Export prohibitions, restrictions, and licensing (page 237)  
EU question 14:  Could Namibia please provide more information on the scope, justification and 
possible exceptions of the ban on exports of crushed lithium ore?   
 
Namibia:  The Namibian Government's initiative is to attract investors to optimize local 
beneficiation of natural resources to enhance value addition, technological transfer, and job 
creation.  
 
3.3.7.2 Copyright  
Paragraph 3.99, page 247:  "Namibia's copyright legislation is outd ated, according to the authorities. 
BIPA in collaboration with the MIT embarked on a legislative review process in 2019 to develop of a 
new modernized and responsive copyright law. The bill is under way and would replace the Copyright 
and Neighbouring Righ ts Protection Act, 1994…. " 
 
EU question 15:  The report refers to the ongoing revision of Namibia 's copyright legislation. Could 
Namibia please outline whether this also concerns the collective management of copyright and 
related rights?  
 
Namibia:  The curre nt Copyright law does make provision for the recognition of Collective 
Management Organisations (CMO's). However, there are a few gaps identified to be 
remedied in the newly proposed law through:  
1. CMO's to report collection to the Board of BIPA  
2. CMO's to rep ort on distributions to Board of BIPA  
3. Financial reporting criteria to be additional  
Specifications on constitution of Board of CMO's to be included.  
 
3.3.7.3 Industrial property rights  
Paragraph 3.104, page 248:  "Trademarks cover marks for both goods and services and may not be 
limited in whole or in part to a particular colour or colours. The registration of a trademark is valid 
for 10 years, renewable. The owner of a trademark that is entitled to protection as a well -known 
mark under the Paris Conven tion may restrain its use in Namibia even though it is not registered in 
Namibia. " 
 
EU question 16 : Could Namibia please clarify whether colour marks and other forms of non -
traditional trademarks are registrable?  
 
Namibia:  In terms of Namibia's Industrial Property Act, 2012, colour marks are included in 
the definition of marks under the registration of trademarks. Therefore, colour marks are 
registrable provided the mark is distinctive. The current Industrial Property Act d oes not make 
provision for other forms non -traditional trademarks.  
 
4.2 Fisheries  
Paragraph 4.38, page 254:  Namibia's fisheries management regime includes the following 
instruments:  
• Fishing rights: […]  
• Total allowable catch (TAC): […]  
• Fishing quotas: […]  
• Vessel licensing regime: […]  
 
EU question 17:  In addition to the aforementioned instruments, for those species that can be fished 
by artisanal and industrial means, could Namibia please clarify whether it continues to carry out 
research cruises twice a year  to analyze the evolution and sustainability of the fishing grounds where 
the different species are captured?  
 
Namibia:  Surveys are conducted annually to determine the biomass and geographical 
distribution as well as to obtain the biological parameters req uired for stock assessment of the 
commercially exploited species to set appropriate harvest levels.  WT/TPR/M/447/Add.1  
 
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  4.3.3 Electricity  
Paragraph 4.57, page 260:  "Namibia does not have a specific policy for nuclear fuel, although it is a 
large producer and exporter of urani um concentrate. According to the authorities, it may explore the 
feasibility of a small or modular nuclear power programme as a future component of its energy mix. 
Namibia is a signatory to several international treaties and agreements concerning nuclear m aterials 
and non -proliferation. "  
 
EU question 18 : Could Namibia please list all international nuclear safety conventions Namibia is 
already part of and share whether the country is still considering joining others?  
 
Namibia:  Namibia is a State Party to the following conventions:  
• Convention on the Physical Protection of Nuclear Material (CPPNM)  
• Convention on Early Notification of a Nuclear Accident  
• Convention on Assistance in a Case of a Nuclear Accident or Radiological Emergency  
Namibia considers acceding to the following international legal instruments:  
• Joint Convention on the Safety of Spent Fuel Management and on the Safety of 
Radioactive Waste Management  
• Convention on Nuclear Safety  
Relevant nuclear lia bility conventions (i.e. Protocol to amend the Vienna Convention and 
Convention on Supplementary Compensation.  
 
Paragraph 4.5.8, page 260 : "In 2017, Namibia revised its National Energy Policy (replacing the 1998 
policy) and introduced a new National Renewa ble Energy Policy. The electricity sector is regulated 
by the Electricity Control Board (ECB) under the Electricity Act, 2007. The ECB has the mandate to 
exercise control over electricity generation, transmission, distribution, supply, and imports/exports 
by setting tariffs and issuing licences (subject to approval by the MME). A draft Namibian Energy 
Regulatory Authority Bill is currently in the legislative pipeline with the aim of establishing a unified 
sector regulator. " 
 
EU question 19:  Could Namibia please explain which regulatory approach it plans to follow when 
designing its new unified sector regulator, and elaborate on the future unified regulator 's main 
characteristics in terms of independence, powers, etc.?  
 
WT/TPR/S/447 – Annex 5 – SOUT H AFRICA  
 
1.3.1 Merchandise trade  
Paragraph 1.16, page 286:  "South Africa imports mainly from the EU -27 (21.8%), followed by China 
(20.1%), India (7.4%), and the United States (7.3%). From 2014 to 2022, imports from Middle East 
countries, in particular the  United Arab Emirates, increased significantly. Imports from other SACU 
members increased substantially, in particular imports from Namibia doubled. Imports from other 
African countries fell (Chart 1.4 and Table A1.4). " 
 
EU question 20:  Could South Africa please clarify what products account for the doubling of imports 
from Namibia?  
 
South Africa:  Trade between the two countries has increased with both imports and exports 
increasing substantially.  
Between 2014 and 2022 imports from Namibia increased. This n otable increase can be 
attributed to 13 out of 22 HS sections where trade occurred.  
Please note, with regard to the import data from Namibia: gold imports from Namibia into 
South Africa were first reported in 2017. Prior to 2017, gold imports from BELN were recorded 
as temporary imports under rebate 49090. Since 2017, the gold imports have been recorded 
as permanent imports under rebate 47003; this gold is imported for gold refinery purposes. 
Considering this, interpretation of the SA import data from BE LN would present a more 
accurate picture if taken over the period 2017 to 2021.  As an alternative, in order to eliminate 
the distortion brought about by this and to make the data comparable to those of the BEL 
countries, the 2014, 2015 and 2016 values of r ebate 49090 imports from Namibia could be 
added to SA 's import data of 2014, 2015 and 2016.  
 
2.3.1 Participation in the WTO  
Paragraph 2.12, page 293:  "South Africa is not a signatory to the joint statement initiatives on 
investment facilitation for develop ment, electronic commerce, or services domestic regulation. It is WT/TPR/M/447/Add.1  
 
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  not a member of the WTO Informal Working Group on MSMEs, nor is it a proponent of the Buenos 
Aires Declaration on Trade and Women's Economic Empowerment. " 
EU question 21:  Could South Africa please specify whether it intends on becoming a signatory to 
the joint statement initiatives on investment facilitation for development, electronic commerce, or 
services domestic regulation; the WTO Informal Working Group on MSMEs; and the Buenos Aires 
Declaration on Trade and Women's Economic Empowerment?  
South Africa:  South Africa is concerned with the impact that the Joint Statements Initiatives 
(JSIs) will have, in fragmenting the Multilateral Trading System. South Africa is a strong 
believer in the MT S that provides a transparent rules -based approach ensuring transparency 
and predictability as envisaged in the Marrakesh Agreement. We are determined to preserve 
the basic principles and to further the objectives underlying this Multilateral Trading Syste m 
and believe that continued participation will contribute to South Africa 's economic growth and 
development.  
2.4 Foreign investment regime  
Paragraph 2.18, page 294 : "Trade and Investment South Africa (TISA), a division of the DTIC, is 
responsible for developing investment policies. Investment South Africa (InvestSA), established in 
2016, serves as the national investment agency to support foreign direct investment inflows and 
renders the services of a one -stop shop to promote and attrac t investment. Since 2019, InvestSA 
has overseen the implementation of South Africa's ease of doing business (EODB) programme under 
the oversight of the Presidency. " 
 
EU question 22:  The provision of skills is a critical consideration for investors into any  jurisdiction, 
as is the ability of investors to appoint certain managers to their locations globally. In this regard, 
investors have faced significant challenges in acquiring inter -company transfer visas, business visas, 
and visas for families of (foreign ) companies operating in South Africa. Under Operation Vulindlela, 
the streamlining of the provision of business visas has been a Presidential priority since at least 
2020. Could South Africa please explain the latest developments in addressing the visa ba cklogs, 
streamlining business visa applications and decisions?  
South  Africa:  Through the Operation Vulindlela interventions, the Department of Home 
Affairs (DHA) has implemented several reforms to attend to the challenges in the visa regime, 
focusing on im proving the country 's ability to attract skilled workers. These reforms will 
positively impact key work visa classes like the general work visa, the critical skills visa, the 
business visa, and the intra -company transfer visa.  
 
The introduced changes inclu de: 
a) Waiving the requirement for applicants to submit a radiological report with their 
applications. The waiver was introduced in April 2023 and removes a costly and 
onerous step in the process. This waiver will be made permanent in new regulations 
to be pu blished for public comment, by the DHA, in early November.  
b) Requiring a police clearance certificate from each country that an applicant has lived 
for 12 months or more during the past five years instead of since they were 18. This 
will be introduced in the  regulations to be published for public comment in early 
November.  
c) Updating the critical skills list frequently to ensure that skills required in the country 
are better reflected, allowing people to apply for key positions. This list was recently 
updated o n the 3rd of October 2023, updating it from the list published in August 
2022.  
d) Introducing the Trusted Employer Scheme (which was launched on the 11th of October 
2023). The Trusted Employer Scheme will allow employers to be vetted and approved 
in advance t o reduce the administrative burden for visa applications for qualifying 
businesses. Under this scheme, qualifying employers will be allowed to have access to 
a simplified route for employing a determined number of skilled foreign nationals from 
outside the  country and could be subject to reduced requirements for the necessary 
visa applications.  
To address the backlog the Department has drawn on other divisions, at the head office, and 
identified 32 additional personnel to support them with clearing the back log. This brings the 
team working on reviewing the permits to 50, up from 18 permanent members.  WT/TPR/M/447/Add.1  
 
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  a) The team is also looking to add more support from provincial Departments of Home 
Affairs to attend to reducing the number of applications for spousal and relati ve visas.  
b) The Department is also working with the Department of Trade Industry and 
Competition to identify and fast -track visas for critical investments. This includes 
working with colleagues at Infrastructure South Africa, a programme of the 
Government of  South Africa aimed at accelerating the completion of critical 
infrastructure projects, to expedite visa approvals for priority projects.  
 
Paragraph 2.19, page 294 : "Foreign companies investing in South Africa must apply the laws 
applicable to all companies operating in the country, as well as sector -specific legislation. More 
precisely, they must register with the CIPC as required by the Companies Act, 2008, before 
conducting business, opening a bank or financial account, establishing offices, acqu iring intellectual 
property, or contracting employees. Companies must also apply other generally applicable laws, such 
as those relating to labour, corporate governance, competition, consumer protection, intellectual 
property, and the environment. In the c ontext of this Review, a full understanding was not reached 
on the type and scope of Broad -Based Black Economic Empowerment (B -BBEE) requirements on 
foreign companies investing in South Africa. However, it is understood that in the cases where foreign 
comp anies have global practices that prevent compliance with ownership elements of B -BBEE 
through the traditional sale of shares to black South Africans, recognition of contributions as equity 
equivalent (EE) can replace the direct sale of equity. " 
 
EU questio n 23:  Could South Africa please clarify why it is not possible to have full understanding 
on the type and scope of the Broad -Based Black Economic Empowerment requirements on foreign 
companies?  
 
South  Africa:  Response for 23 and 24.  The South  African government does not have a policy 
of directly restricting foreign companies from participating in Public Procurement tenders. The 
local content policy is applied on the product, which must be manufactured or assembled in 
South  Africa at a spe cified minimum threshold of production. All bidders, whether for foreign 
or local, manufacturing or non -manufacturing are required to supply designated products 
which must be manufactured within the borders of South  Africa. European companies such 
Alstom a nd Siemens do participate in tenders designated for local content because they do 
manufacture and assemble products within the borders of South  Africa.  
 
In response to the Constitutional Court judgment on the 2017 Preferential Procurement 
Regulations (PPRs ) and in terms of the 2022 PPRs, local content is no longer a compulsory 
requirement under the current procurement regime; each organ of state is empowered 
determine its own Preferential Procurement Policy. The 2022 PPRs allow organs of state to use 
specif ic goals and the Reconstruction and Development Programme (RDP) goals to support 
the procurement of locally manufactured products in their tenders. Preferential points will be 
allocated for that purpose. The Public Procurement Bill, currently being conside red by 
Parliament makes provisions for the procurement of goods that are produced and services 
provided in the Republic; including procurement which is developmental in nature.  
 
EU question 24:  Could South Africa please provide a state of play as it relate d to foreign companies 
participating in Public Procurement tenders, taking into consideration the recent Constitutional Court 
ruling on BEE and local content requirements? To what extent is designation of products for local 
production, and minimum local co ntent targets still enforceable under the current legal regime?  
South  Africa:  The South  African Government does not have a policy of directly restricting 
foreign companies from participating in Public Procurement tenders. The local content policy 
is applie d on the product, which must be manufactured or assembled in South  Africa at a 
specified minimum threshold of production. All bidders, whether for foreign or local, 
manufacturing or non -manufacturing are required to supply designated products which must 
be manufactured within the borders of South  Africa. European companies such Alstom and 
Siemens do participate in tenders designated for local content because they do manufacture 
and assemble products within the borders of South  Africa.  
 
In response to the Co nstitutional Court judgment on the 2017 Preferential Procurement 
Regulations (PPRs) and in terms of the 2022 PPRs, local content is no longer a compulsory 
requirement under the current procurement regime; each organ of state is empowered 
determine its own Preferential Procurement Policy. The 2022 PPRs allow organs of state to use WT/TPR/M/447/Add.1  
 
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  specific goals and the Reconstruction and Development Programme (RDP) goals to support 
the procurement of locally manufactured products in their tenders. Preferential points will b e 
allocated for that purpose. The Public Procurement Bill, currently being considered by 
Parliament makes provisions for the procurement of goods that are produced and services 
provided in the Republic; including procurement which is developmental in natur e. 
EU question 25:  Could South Africa please clarify whether its Government is considering any 
flexibilities as it relates to BEE ownership rules, especially as it relates to family -owned SMEs wanting 
to invest in South Africa, but who are not willing to d ilute their ownership structures?  
South  Africa:  For SMEs, or Exempted Micro Enterprise (EME) in case of B -BBEE Act, the 
ownership rules are already flexible due to minimal legislative requirements. An EME with an 
annual turnover of R10 million or less is not mandate to comply with the B -BBEE requirements 
or to be verified. Such entities are only required to obtain a sworn affidavit (self -assessment) 
on an annual basis for compliance purposes. Start -ups are also exempted from mandatory B -
BBEE requirements f or the first twelve months of incorporation in South  Africa.  
Paragraph 2.20, page 294 : "Investment incentives for companies (both domestic and foreign) are 
detailed in Section 3.3.1 and Section 4. A complete list of restrictions to foreign investment was n ot 
available. " 
 
EU question 26 : Could South Africa please clarify why a complete list of restrictions to foreign 
investment is not available? Could South Africa please make it available?  
 
South  Africa:  Non-residents may invest freely in South  Africa, provi ded that the 
South  African Authorised Dealer views suitable documentary evidence to ensure that the 
transactions are concluded at arm's length and at fair market -related prices and are financed 
in an approved manner. Any income earned on the investment may  be transferred abroad. 
Approved financing includes the introduction of foreign currency, rand from  a non -resident 
rand account in the name of the non -resident, and/or rand from a Vostro account held in the 
books of the Authorised Dealer. Should a non -resident disinvest from South  Africa, the local 
sale or redemption proceeds of non -resident -owned assets in the country would be freely 
transferable.  
 
Paragraph 2.22, page 294 -295: "South Africa remains a party to the SADC's 2010 Protocol on 
Finance and Invest ment. Under the Protocol, signatories must give investors "fair and equitable 
treatment" and pay "prompt, adequate and effective compensation" to foreign investors in the event 
of expropriation. It also provides for international arbitration for foreign in vestors. " 
 
EU question 27:  Could South Africa please elaborate on the interplay between the obligations under 
the SADC 2010 Protocol on Finance and Investment and the Protection of investment Act, 2015?    
South  Africa:  Protection of investment Act, 2015 is  the general law of protection in South 
Africa that applies to all investors. SADC 2010 Protocol on Finance and Investment applies to 
SADC in accordance with the applicable circumstances.  
EU question 28:  As expropriation without compensation is an importan t concern for investors (both 
international and domestic), who expect their property rights to be upheld, could South Africa please 
expand on the latest legislative developments on expropriation without compensation? Is this 
proposed Constitutional amendme nt still a priority for the current Parliament? Does South Africa 
expect any changes in the short to medium term?  
South Africa:  Still being discussed by various stakeholders in South Africa.  
Paragraph 2.23, page 295:  "Over the review period, South Africa introduced new investment 
legislation, to provide certain guarantees to investors from countries with which it does not have a 
bilateral investment treaty (BIT) in force, but also to ensure that investor -state disputes are first 
handled through domestic courts, rather than through an international arbitration body. The 2015 
Protection of Investment Act entered into force in June 2018. Its aims are to (i) provide national 
treatment to foreign investors and for their inves tments not to be treated less favourably than South 
African investors in like circumstances; (ii) ensure the physical security of property owned by foreign 
investors be at the level provided to domestic investors; (iii) enable the repatriation of funds, su bject WT/TPR/M/447/Add.1  
 
- 46 - 
 
  to taxation and other applicable legislation to foreign investors; and (iv) provide a mediation process 
to resolve disputes. The Act indicates that new BITs will be subject to the South African Constitution 
and national legislation. " 
 
EU question 29:  International arbitration bodies are a key element to attract overseas investors 
and grant an efficient problem -solving mechanism in the event of litigation. Would South Africa 
consider a Multilateral Investment Court in the framework of UNCITRAL? Could S outh Africa please 
report on the use made by foreign investors of the 2015 Protection of Investment Act? Could South 
Africa please indicate its latest position on a Multilateral Investment Court?  
South Africa:  South Africa is considering various proposals under UNCITRAL working group 
3 (on investor state dispute settlement).  
Paragraph 2.24, page 295 : "South Africa has BITs in force with China, Cuba, the Czech Republic, 
Finland, the Islamic Republic of Iran, the Republic of Korea, Mauritius, Nigeria, the Rus sian 
Federation, Senegal, Sweden, and Zimbabwe.43 Since 2014, of South Africa's BITs with Argentina 
and several countries in Europe (Austria, Denmark, France, Germany, Greece, Italy, the Netherlands, 
Switzerland, and the United Kingdom) have been terminate d." 
 
EU question 30:  Could South Africa please clarify what were the reasons for termination of BITs 
with several EU countries since 2014? Could South Africa please confirm the full list of BITs currently 
in force? Does South Africa have the intention of c ancelling any of those BITs currently in force, and 
if so which ones and what considerations would trigger such a decision to cancel?  
South  Africa:  All new investment are protected in terms of the Investment Act. The Act 
achieves a balance between the righ ts and obligations of investors and of Government, and 
clarifies standards of protection for investors by setting out provisions ordinarily found in BITs 
in a manner that is consistent with SA 's Constitution and existing legal framework.  
The model BIT wil l be subject to inter -departmental discussion and submitted to Cabinet for 
consideration where after it will be gazetted for public comment.  
Where BITs are in force, some countries received notification of South Africa 's notice of 
intention to terminate th e BITs. Discussions on terminations have been held within the context 
of the AfCFTA and through other fora. The process has been triggered for terminations and 
will duly be effected.  
3.1.2 Import prohibitions, restrictions, and licensing  
Paragraph 3.20, p age 299 -300: "South Africa notified to the WTO that tariff quotas (TQs) continued 
to be applied on 53 types of agricultural products, on an MFN basis.67 Some out -of-quota rates are 
lower or equal to the corresponding in -quota rates (Table A3.1). According to the authorities, if TQs 
are not providing any advantages to importers, the Department of Agriculture does not open these 
items. For this reason, from 2017 many TQs are "not opened" (i.e. no in -quota imports of these 
products entered the South African ma rket). Out of 53 types of products, 30 types in 2017 and 28 
types in 2018 -20 were "not opened". The average fill ratio of TQs dropped from 75% in 2016, to 
25% in 2017, 21% in 2018, 19% in 2019, and 20% in 2020. If excluding "not opened" items, the 
average fill ratio became 26.7% in 2017, 20.5% in 2018, 19.1% in 2019, and 19.9% in 2020. " 
 
EU question 31 : It is noted that South Africa tariff quotas continue to be applied on certain 
agricultural products. Could South Africa explain why it does not open these i tems?  
South  Africa:  South Africa does not open quotas for Agricultural products with an applied 
MFN tariff rate lower than the in -quota rate as the in -quota rate yields no economic benefit 
for the importer.  
 
3.2.2 Export taxes, charges and levies  
Paragraph 3.24, page 300:  "Under the Export Levy Act, an export tax is levied on unpolished 
diamonds at a rate of 5% of the f.o.b. value, with a view to encouraging local processing, developing 
skills, and creating employment. Export levies apply to the ex port and/or production of various 
agricultural products (Section 4.1.1.2). " WT/TPR/M/447/Add.1  
 
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  EU question 32:  Export tariffs affecting raw materials and basic commodities, as it is the case for 
diamonds, can have a negative impact on global trade and industry and severely a ffect value chains. 
Could South Africa please explain the export tariff set on raw diamonds?  
South  Africa:  The export rate of duty is 5% of the total value less overpaid or plus underpaid. 
The aim of the Diamond Export Levy as stated in both the Diamond Ex port Levy Act No. 15 of 
2007 and the Diamond Export Levy (Administration) Act No. 14 of 2007 is to:  
1. Promote the development of the local economy by encouraging the local diamond 
industry to process (cut, polish etc.) diamond(s) locally;  
2. Develop Skill s; and  
3. Create employment  
Paragraph 3.25, page 300 : "On 1 August 2021, an export tax was introduced on scrap metals under 
the Customs and Excise Act, 1964. According to the authorities, this duty was introduced on national 
security grounds, and is to "provide foundries and mills with better access to higher quality and more 
affordable scrap metals in the local market", as well as to stimulate domestic production, enhance 
investment and create jobs. Certain ferrous and non -ferrous waste and scrap metals  are subject to 
ad valorem duty rates (10%, 15%, or 20%), while agreement -specific rates apply to South Africa's 
exports under its RTA agreements. " 
EU question 33 : Scrap metals are a basic commodity for the steel industry in order to produce 
average and sp eciality steel products, which are a core input for many other industrial activities. 
Steel production and processing is a relevant economic sector for some members who are regular 
importers of South African scrap. Metal theft in basic infrastructures, suc h as electric lines and 
stations, has been a problem. Would South Africa consider to tackle this specific kind of concern to 
be based on traceability and registration, rather than as an export ban?  
South  Africa:  South Africa is currently developing a metal  trading system, which will feature 
an electronic registry and licensing system for trade in scrap and waste metal. The system is 
expected to be finalised early in 2024.  
EU question 34:  Could South Africa please provide information informing the extension of the ban 
on the export of scrap metals i.e. for example, the reduction in theft (particularly of copper) and 
vandalism during the first 6 month ban, considering this was one of the determining factors for the 
imposition of this ban?  
South Africa: Certain  scrap and waste metals are currently subject to export control. The 
objective of the measure has been to counteract the ongoing significant and widespread 
destruction of public infrastructure. Other measures were considered, but were deemed 
insufficient i n light of the origin and nature of the problem. The measure is reviewed 
periodically to ensure that it is appropriately targeted and is again coming up for review in 
December 2023.  
The initial export prohibition was implemented for a temporary period of s ix months from 30 
November 2022 to 30 May 2023 on the exportation of:  
• Copper waste and scrap of tariff subheading 7404.00, and;  
• Ferrous waste and scrap, remelting scrap ingots of iron or steel except for (i) waste and 
scrap of stainless steel and (ii) ferrous waste and scrap generated in the ordinary course of 
business as a by -product of a manufacturing process of tariff heading 72.04 (excluding 
7204.21).  
Besides the above -mentioned exemption on the exportation of stainless steel scrap of tariff 
subhead ing 7204.21, ferrous scrap metal generated as a by -product in the ordinary course of 
a manufacturing process, such as off cuts, shavings, borings, etc., that are generally classified 
under various tariff sub -headings under chapter 72.04 have also been exem pted. The above 
export prohibition expired on 30 May 2023.  WT/TPR/M/447/Add.1  
 
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  The export prohibition for the same scrap metal has, however, been re -introduced for another 
temporary period from 15 June 2023 to 15 December 2023.  
3.2.3 Export prohibitions, restrictions, and lic ensing  
Paragraph 3.27, page 300 -301: "In November 2022, the Government decided to prohibit exports of 
ferrous and non -ferrous metal waste, scrap, and semi -finished ferrous and non -ferrous metal 
products for six months (from 30 November 2022 to 30 May 2023), so as to "limit damage to 
infrastructure and the economy". On 15 June 2023, this export ban was extended for another six 
months. The ban is complemented by an export permit system for semi -finished metal products, and 
an import permit system for fur naces and various other scrap transformation machines (Table 3.1), 
both from November 2022. " 
 
EU question 35 : Export restrictions affecting raw materials and basic commodities, as it is the case 
for the tariff lines quoted in point 3.27, can have a negativ e impact on global trade and industry and 
severely affect value chains. Could South Africa please explain the current ban on the 
aforementioned goods?  
 
South  Africa:  The current temporary ban was a response to the widespread destruction of 
public infrastru cture to obtain scrap and waste metals. The initial export prohibition was 
implemented for a temporary period of six months from 30 November 2022 to 30 May 2023 
on the exportation of:  
• Copper waste and scrap of tariff subheading 7404.00, and;  
• Ferrous wa ste and scrap, remelting scrap ingots of iron or steel except for (i) waste and 
scrap of stainless steel and (ii) ferrous waste and scrap generated in the ordinary course of 
business as a by -product of a manufacturing process of tariff heading 72.04 (exclu ding 
7204.21).  
 
Besides the above -mentioned exemption on the exportation of stainless steel scrap of tariff 
subheading 7204.21, ferrous scrap metal generated as a by -product in the ordinary course of 
a manufacturing process, such as off cuts, shavings, bor ings, etc., that are generally classified 
under various tariff sub -headings under chapter 72.04 have also been exempted. The above 
export prohibition expired on 30 May 2023.  
 
The export prohibition for the same scrap metal has, however, been re -introduced for another 
temporary period from 15 June 2023 to 15 December 2023, at the end of which period, the 
restriction will again be evaluated and potentially revised.  
 
3.3.1 Incentives  
Paragraph 3.42, page 304:  "South Africa has a myriad of incentive programmes. Many have 
requirements on localization and must be B -BBEE compliant, i.e. be compliant with the Broad -Based 
Black Economic Empowerment Act, 2003, as amended, which seeks to correct non -participation in 
the economy by historically disadvantaged communities. The programmes may provide both non -
tax incentives (e.g. cost -sharing grants, loans with preferential terms) and tax incentives. " 
 
EU question 36:  Could South Africa please explain what are the localisation requirements currently 
in place cond itioning access to incentive programmes?  
 
South  Africa:  Localisation involves a strategy to identify and support sectoral priorities for 
industrialisation through targeted incentives. These incentives are applied strategically in 
different sectors. www.thedtic.gov.za  
 
3.3.2.3 Marking, labelling, and packaging  
Paragraph 3.60, page 307:  "Specific trade concerns have been raised in the TBT Committee 
regarding (i) regulations relating to the labelling of alcoholic beverages; (ii) regulations relating to 
the composition, production, and labelling of wine and spirits intended for sale in South Africa; (iii) 
amendment to regulations relating to health messages on container labels of alcoholic beverages; 
and (iv) labelling and advertising of pre -packaged foodstuff ." 
 
EU question 37:  Could South Africa please explain how its projected new regulation on labelling 
adheres to these principles?  
South  Africa:  The last regulation amendment s published in terms of the Liquor Products Act, WT/TPR/M/447/Add.1  
 
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  1989 (Act 60 of 1989) relating to labelling, were published on 8 and 15 July 2022. Both sets 
of amendments have since been repealed on 31 July 2022. (Herewith the gazette attached for 
ease of reference) rela ting to repealed amendments of the Liquor Products Act are no longer 
relevant, as those amendments no longer exist.  
The new proposed amendment to the regulation was discussed under the TBT Committee. 
South Africa is currently in the process of considering comments received from the WTO TBT 
Committee.  
 
3.3.3 Sanitary and phytosanitary requirements  
Paragraph 3.65 and 3.65, page 308:  " 
South Africa is also developing some new legislation related to SPS measures. " 
"At the WTO, four SPS -related specific trade c oncerns (STCs) were raised by trading partners to 
South Africa between 2014 and 2023. " 
EU question 38 : On 1 April 2023, South Africa established the new Border Management Authority 
(BMA). Could South Africa indicate if it is expected that safe bovine commo dities such as Bovine 
meat, bovine semen or subcutaneous fat will be imported into South Africa, taking into account 
Chapter 11 of the WOAH Terrestrial Animal Health Code?  
 
South  Africa:  Due to the ease of interterritorial trade between EU member countries, South 
Africa regards the whole union as having the same Bovine Spongiform Encephalopathy risk 
status. Since the lowest risk status among the EU is controlled risk, all EU member countries 
must comply with import requirements for controlled risk countries.  
 
South Africa has requested the EU to provide a comprehensive description of how individual 
countries ' BSE risk status is maintained and protected, despite the EU 's facilitation of 
interterritorial trade between EU member countries. This informa tion has not been received. 
The South African import requirements for bovine semen have already been updated according 
to the recommendations of the  WOAH code.  
 
EU question 39:  Could South Africa please explain whether and how it is applying the WOAH 
conce pt of zoning or regionalisation? Will South Africa accept poultry and porcine products from HPAI 
and ASF free areas of other members?  
 
South  Africa:  The concept of zoning and regionalisation has been a subject of discussions in 
workshops between experts from South Africa and the EU. This included workshops on these 
concepts and their application.  
 
3.3.4.1 Competition policy  
Paragraph 3.73, page 309 -310: "The major piece of legislation on competition remains the 
Competition Act, 1998, most recently  amended in 2019. The Act covers economic activities in South 
Africa, as well as those overseas with an effect in the country. It regulates various anti -competitive 
behaviours including restrictive practices and abuse of dominant positions (firms with a ma rket share 
of 35% and above), establishes a notification and prior approval procedure for certain mergers and 
acquisitions, and imposes penalties for breaching the law. In accordance with Section 10 of the 
Competition Act, the CCSA may grant exemptions to firms from complying with certain provisions of 
the Act on the following grounds: export promotion; assisting SMEs or firms controlled or owned by 
historically disadvantaged persons; stopping the decline of an industry or protecting the stability of 
any in dustry; and promoting employment or industry expansion. " 
EU question 40 : In accordance with Section 10 of the Competition Act, the CCSA may grant 
exemptions to firms from complying with certain provisions of the Act on the following grounds: 
export promoti on; assisting SMEs or firms controlled or owned by historically disadvantaged persons; 
stopping the decline of an industry or protecting the stability of any industry; and promoting 
employment or industry expansion. Could South Africa please provide any re cent examples of 
exemptions granted to firms from complying with certain provisions? Is this information made 
available publicly?  
 WT/TPR/M/447/Add.1  
 
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  South  Africa:  Section 10 of the Competition Act 89 of 1998, as amended, permits the CCSA 
to grant exemptions to firms from co mplying with certain provisions of the Competition Act on 
the following grounds: (i) maintenance or promotion of exports, (ii) promotion of the effective 
entry into, participation in, or expansion within a market by small and medium businesses or 
firms con trolled or owned by historically disadvantaged persons, (iii) change in productive 
capacity necessary to stop a decline in an industry, (iv) the economic development, growth, 
transformation or stability of any industry, and (v) competitiveness and efficien cy gains that 
promote employment or industrial expansion.  
  
Exemptions granted by the Commission are publicly available and published in the Government 
Gazette and on the Commission 's website at https://www.compcom.co.za/exemptions/. 
Recent Exemptions gran ted by the CCSA include:  
  
       Conditional exemption granted to the South African Petroleum Industry Association 
(SAPIA) accessible at: https://www.gov.za/documents/competition -act-south -african -
petroleum -industry -association -granted -conditional -2  
        Conditional Exemption granted to Marang Africa Healthcare Proprietary Limited 
accessible at: https://www.gov.za/documents/competition -act-conditional -exemption -
marang -africa -healthcare -proprietary -limited -25-aug  
        Energy Users Block Exemptio ns: https://www.gov.za/documents/competition -act-
energy -users -block-exemption -2023-24-may-2023-0000 and 
https://www.gov.za/documents/competition -act-energy -users -block-exemption -2023-24-
may-2023-0000-0 
 
3.3.5 State trading, state -owned enterprises, and privatization  
Paragraph 3.82 and 3.85, page 311:  "State -owned enterprises continue play a significant role in 
South Africa's economy, particularly in the backbone sectors of energy, transport services, and 
communications services, which are crucial to the well -functioning of the rest of the economy. As 
such, underinvestment in infrastructure, mismanagement, and the  resultant high levels of debt 
accrued by some of these enterprises have had negative implications for other economic activities.  
Some developments since 2014 have included privatization of 51% of the Government's shares in 
South African Airways (Section 4 .4.3) and the separation of Postbank in 2019 from being a division 
of South African Post Office to becoming its subsidiary. Full information on privatization 
developments over the review period was not available. " 
 
EU question 41 : In view of the negative i mplications of SOEs for other economic activities (par. 
3.82), could South Africa please elaborate on its plans to improve SOEs management? Is South 
Africa considering the privatization of other public companies?  
 
South  Africa:  There is no privatisation of SOEs, however, private sector participation is 
encouraged to augment funding generated by SOEs for its capex plans.  
 
3.3.6 Government procurement  
Paragraph 3.91, page 313 : "South Africa is neither a signatory nor an observer to the plurilateral 
WTO Agreement on Government Procurement. " 
 
EU question 42:  Could South Africa please specify whether it intends to  become a signatory or 
observer to the WTO Agreement on Government Procurement, since it provides as an effective and 
efficient f ramework for government procurement? What is the Government 's position on the GPA?  
 
South  Africa:  South Africa is not a signatory to the Agreement on Government Procurement 
(GPA), which is plurilateral or voluntary agreement under the auspices of the WTO. It must be 
noted that plurilateral agreements are only binding on the signatory parties, and not on all 
WTO's member states. There is no indication that the position of South Africa will change soon 
as the country continues to leverage public procurement t o achieve multiple developmental 
objectives. The GPA puts restrictions on the leveraging of public procurement to achieve 
development objectives.  
 
3.3.7.2 International context  
Paragraph 3.96, page 315 : "South Africa is party to a handful of WIPO -administ ered treaties. South 
Africa intends to accede to the Hague Agreement, the Madrid Protocol, the Beijing Treaty and the 
Marrakesh Treaty soon. As indicated in the IP Policy, the IMCIP is charged with analysing the WIPO WT/TPR/M/447/Add.1  
 
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  treaties to which South Africa is not c urrently a party with a view to seeing whether they could 
benefit the country. " 
 
EU question 43 : Could South Africa indicate what is the current state of play? Could South Africa 
indicate when it intends to accede these international treaties?  
 
South  Afric a: South Africa intends joining the World Intellectual Property Organisation 's 
(WIPO) Internet Treaties: The WIPO Copyright Treaty (WCT) and the WIPO Performers ' and 
Phonograms Treaty (WPPT) are in line with its domestic policy and the process contained in 
the Constitution.  
 
South Africa signed the WCT on 12 December 1997 (12/12/97) however, the ratification 
process has not been completed. South Africa signed the WPPT on 12 December 1997 
(12/12/97) however, the ratification process has not been completed. Due to the ongoing 
Parliamentary process, South Africa is not able to provide timelines regarding its accession to 
the WCT and WPPT.  
 
3.3.7.3.1 Copyright and rela ted rights  
Paragraph 3.100, page 315:  "There were no changes to the laws and implementing regulations 
governing copyright and related rights over the review period… A Copyright Amendment Bill and a 
Performers' Protection Amendment Bill were introduced to t he National Assembly in 2017 and 2016, 
respectively. As of mid -2023, the two Bills were before the National Council of Provinces. " 
 
EU question 44 : Could South Africa please indicate what the latest update on the proposed 
Copyright Amendment Bill is? Moreo ver, Could South Africa explain how it concretely fights against 
piracy?  
 
South  Africa:  The process in the National Council of Provinces has been concluded on the 
Copyright Amendment Bill and Performers ' Protection Amendment Bill. The Amendment Bills 
proceed back to the Portfolio Committee of Trade and Industry for further deliberation. The 
Parliamentary process is still ongoing at this stage.  
 
3.3.7.3.2 Trademarks  
 
Table 3.4, page 316:  Applications for trademarks and trademarks registered, 2014 -21 
 
EU question 45: According to table 3.4, a relatively low percentage of trademarks applied for are 
actually registered. Could South Africa please explain what are the main reasons for this?  
 
South Africa:  In relation to the document from the EU , I wish to advise as follows: - 
The comment that "…. a low percentage of trade marks applied for are actually registered…." 
is not supported by the statistics and records of CIPC, more specifically our electronic data 
base for trade marks.  
To this end I have today extracted statistics from the electronic Trade Marks Register (data 
base) showing (a) the number of new applications lodged and (b) the number of registration 
certificates, iss ued from 2014 until the end of September 2023 - see the tables included here 
below. The figures in these tables clearly do not support this statement as made by the EU in 
the document under consideration.  
Our annual statistics herein are (amongst others) s ubmitted to WIPO (as you are aware) and 
published in the WIPO annual reports. As such the annual statistic figures are available from 
such source as well for verification.  
 
Trends in registration certificates issued (calendar year)  
 
Year Output  
2014 16,816  
2015 18,008  
2016 10,001  
2017 18,671  
2018 31,683  
2019 30,389  
2020 22,658  
2021 16,710  WT/TPR/M/447/Add.1  
 
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  Year Output  
2022 32,740  
2023 (Sept.)  22,245  
  
Trends in new applications lodged (calendar year)  
 
Year Output  
2014 35,542  
2015 37,129  
2016 38,169  
2017 38,283  
2018 39,136  
2019 38,148  
2020 37,423  
2021 40,936  
2022 40,271  
2023 (Sept.)  28,795  
 
Extracted statistics from the electronic Trade Marks Register (data base) showing (a) the number of 
new applications lodged and (b) the number of registration certificates, issued from 2014 until the 
end of September 2023 - see the tables included above. The figures in these tables clearly do not 
support this statement as made by the EU in the document under consideration.  
 
3.3.7.3.3 Geographical in dications  
Paragraph 3.105, page 316:  "In 2019, a first register and registration process for GIs in South Africa 
was operationalized through regulations issued under the Agricultural Products Standards Act.155 
This enables registration of local and foreig n GIs as GIs in South Africa and incorporates an opposition 
procedure. No information was available on whether any products have been registered under the 
South African GI Registry. " 
 
EU question 46 : Could South Africa please explain what steps it is currently taking to facilitate the 
registration of further GIs under the South African GI Registry?  
4.1.1.2 Institutional, legislative, and policy framework  
Paragraph 4.13, page 322:  "The Sugar Industry Master Plan seeks to create diversified revenue 
streams for sugar producers and create new job opportunities. As part of the Master Plan, industrial 
users and retailers agreed to give preference to local sugar production, by purchasing 80% of their 
sugar needs from South African farms and millers during the first year and increasing to 95% by 
2023. " 
 
EU question 47:  Could South Africa please clarify how is the imposition of preferences to locally 
produced sugar on industrial users and retailers compatible with national treatment principle?  
 
South  Africa:  The Uruguay Round of multilateral trade negotiations which culminated in the 
establishment of the WTO in 1995 has had no constraining impact on the supply of subsidised 
sugar by major sugar producers to the world market. While there are a number of challe nges 
affecting the competitive production and price of sugar the prospects of a multilateral reform 
to ensure a level playing field remain uncertain.  
 
Paragraph 4.14, page 322 : "To address the "threat" of strong import competition to the local 
production o f poultry, the Government (the DALRRD and the DTIC), together with key stakeholders 
in the industry, including poultry producers, farmers, processors, exporters, importers, and 
organized labour, developed the Poultry Master Plan. The Plan is expected to en sure that locally 
produced poultry products capture over time an increasingly larger proportion of the domestic 
market. Since FY2020/21, chicken producers have committed to ZAR 1.5 billion of fresh investment 
in their own production facilities within the n ext four years. As part of the investment drive, the 
industry and various government agencies will invest ZAR 1.7 billion in the establishment of 50 
commercial -scale contract farms. " 
 
EU question 48 : It appears that there are shortages on the poultry marke t in South Africa. In view 
of this, is South Africa considering the suspension of the trade defence measures currently in place?  WT/TPR/M/447/Add.1  
 
- 53 - 
 
  South  Africa: South Africa 's tariff policy calls for a developmental approach to tariff setting 
and International Trade Adminis tration Commission of South Africa, which administers tariffs 
through its tariff amendment investigations, follows such a developmental approach in setting 
tariffs for both agricultural and industrial goods. Decisions to recommend the amendment of 
tariffs are conducted in line with relevant legislation and are evidence -based, depending on 
the facts of each case. Key considerations revolve around increased domestic production and 
investment, job retention and creation, as well as international competitivenes s. 
However, the aforementioned regulations also provide that ITAC 's investigations are informed 
by the industrial policy and economic objectives of Government. Relevant in this regard are – 
• The National Development Plan;  
• The New Growth Path;  
• The Re -imagined Industrial Policy Action Plan; and  
• The South African Trade Policy and Strategy Framework.  
Paragraph 4.18, page 323 : "South Africa is overdue with regard to its domestic support notifications; 
the last notification covers the years 2011 to 2013. As reported by the OECD, support to agriculture 
in South Africa over the period 2019 -21 was 2.6% of farm receipts, with market price support and 
payments based on input use accounting for the biggest shares of support provided to famers. The 
OECD considers  that the level of price distortions is low and domestic prices align with world prices. 
Exceptions are sugar and wheat due to import tariffs. Most direct payments take the form of fuel tax 
refunds and investment subsidies provided to smallholder farmers. " 
 
EU question 49:  Could South Africa please provide more information on its fuel tax refund 
measures, its level of refunds, and which sectors such refunds cover apart from smallholder farmers?  
 
South  Africa:  The diesel refund system allows for a refund of all or part of the fuel levies and 
RAF (Road Accident Fund) to producers in certain sectors. The Customs and Excise Act No. 91 
of 1964 (The Act) and Schedule No. 6 (Note 6 in Part 3) govern the diesel refund scheme. The 
administration of the scheme is thro ugh the VAT (Value Added Tax) system, which requires 
an entity or person to be registered for VAT.  
 
4.1.3 Fisheries  
Paragraph 4.27, page 324 -325: "According to the FAO, South Africa produced 602,000 tonnes (live 
weight equivalent) of fish in 2020; of this, 6,000 tonnes were produced through aquaculture. While 
the marine catch is expected to decrease by around 13% by 2030, aquaculture production is 
projected to double. Exports of fish products amounted to USD 655 million in 2022, representing 
0.5% of to tal exports…. " 
 
EU question 50 : Could South Africa please provide insight of its development of wild capture marine 
fisheries and its forecast or estimates of the likely evolution of its production volume?   
 
South  Africa:  One of the primary objectives of t he legislation underpinning the management 
of South African fisheries resources is to provide for the conservation of the marine ecosystem, 
the long -term sustainable utilisation of marine living resources and orderly access to 
exploitation, utilisation and  their protection. The determination of the Total Allowable Catch 
(TAC), the Total Applied Effort(TAE), or a combination thereof in all fisheries is based on the 
scientifically determined maximum sustainable yield (MSY). Although stock status is improving 
in most of the offshore resources, it is it is unlikely that the production volumes of wild capture 
fisheries will increase significantly. With the unemployment rate estimated to be sitting at 
33%, and the recent allocation of long -term fishing rights in t he commercial and the newly 
promulgated small -scale fishing sector (15 years), this increase will result in the level of 
reliance in marine resources increasing exponentially. Climate change has also had a 
significant and far -reaching impact on South Afric a's wild marine fisheries resources. As much 
as these impacts are complex and multifaceted, there are already clear signs that they are 
affecting abundance and distribution of key marine species and ecosystems. Combine, these 
will have impact on production  and exports of South Africa 's marine resource.  
 WT/TPR/M/447/Add.1  
 
- 54 - 
 
  Paragraph 4.31, page 325:  "Under the 2012 Small -Scale Fisheries Policy, preferential access to long -
term fishing rights is granted to small -scale fishing communities traditionally dependent on marine 
living resources for their livelihood. These rights had previously been oriented towards the export -
driven, commercial fisheries sector, which was inaccessible to black people during apartheid. It 
provides a range of institutional management instruments and provi des capacity -building, 
compliance monitoring, and enforcement mechanisms for small -scale fishers. " 
 
EU question 51:  Could South Africa please indicate if its domestic legislation has a definition of 
small -scale fishing and if so, what is it? Could South Af rica please describe the preferences provided 
for small -scale fisheries for fisheries access rights?  
 
South  Africa:  Yes, South Africa has it 's definition of small scale fishing in its domestic 
legislation.  
'' 'small -scale fisher ' is defined as, a member o f a small -scale fishing  
community engaged in fishing to meet food and basic livelihood needs,  
or directly involved in processing or marketing of fish, who — 
(a) traditionally operate in near -shore fishing grounds;  
(b) predominantly employ traditional low te chnology or passive fishing  
gear;  
(c) undertake single day fishing trips; and  
(d) is engaged in consumption, barter or sale of fish or otherwise  
involved in commercial activity, all within the small -scale fisheries  
sector, and  
'small -scale fishing ' must be interpreted accordingly;  
'small -scale fisheries sector ' means that sector of fishers who engage in  
small -scale fishing;  
'small -scale fishing community ' means a group of persons who — 
(i) are, or historically have been, small -scale fishers;  
(ii) hav e shared aspirations and historical interests or rights in  
small -scale fishing;  
(iii) have a history of shared small -scale fishing and who are, but  
for the impact of forced removals, tied to particular waters or  
geographic area, and were or still are operating where they  
previously enjoyed access to fish, or continue to exercise their  
rights in a communal manner in terms of an agreement, custom   
or law; and  
(iv) regard themselves as a small -scale fishing community; '' 
 
South Africa has been putting much  emphasis in providing much needed support to the newly 
recognised small -scale fisheries sector. Small scale -fishers were in the past, excluded and 
their operations not provided for in law. The support is aimed at ensuring that small -scale 
fishers are prov ided long -term access to fishing rights in an equitable manner, within the 
definition of small -scale fishing as indicated above. Noting the socio -economic challenges and 
historic dependence of fishing communities to marine resources, South Africa focuses o n 
developmental support aimed at promoting small -scale fishers to participate in the full value -
chain of fishing, including access to local and international markets.  
 
4.2.1 Mining  
Paragraph 4.41, page 327:  "A Broad -Based Socio -Economic Empowerment Charte r for the Mining 
and Minerals Industry (Mining Charter) was issued in 2018. It contains targets to ensure broad -
based and meaningful transformation of the industry, including shareholding requirements for 
historically disadvantaged persons/companies that m ining right holders must comply with. In 
addition, right holders must spend 70% or more of their procurement on goods manufactured in 
South Africa (i.e. goods with a minimum of 60% local content). Local content verification is 
undertaken by the South Afric an Bureau of Standards (SABS). " 
EU question 52 : Could South Africa please explain how is the requirement of spending 70% or 
more in procurement on locally manufactured goods imposed on private  mining right -holders 
compatible with national treatment princip le? 
 
South Africa:  We treat all stakeholders in similar positions in the same manner.  
 WT/TPR/M/447/Add.1  
 
- 55 - 
 
  EU question 53:  Could South Africa please explain to what extent does this Charter apply following 
the legal challenge by the Minerals Council, notably relating to BEE r egulations?  
Paragraph 4.42, page 327:  "In 2022, the DMRE released its Exploration Strategy for the Mining 
Industry of South Africa, which seeks to revitalize exploration activity, which has been lagging. To 
reach its target of attracting a 5% share of glob al exploration expenditure, the Government plans to 
provide more support to junior exploration companies with 51% ownership by historically 
disadvantaged South Africans and from public private partnerships for feasible projects. An 
exploration and mining i nvestment promotion plan is expected. " 
 
EU question 54 : Could South Africa explain what is the state of play of this plan and in what way 
does it relate to the broader South African Country Investment Strategy?  
Paragraph 4.44, page. 327 : "The absence of a transparent and efficient cadastral system has been 
identified as having an adverse effect on investment decisions in the sector. " 
 
EU question 55 : Could South Africa explain what steps has or is the Government taking to address 
the issue of t he cadastral system? When is it expected that a new system will be in place, which 
could go a long way in streamlining investment decisions?  
4.2.3 Electricity  
Paragraph 4.49, page 328 : "The Electricity Regulation Act (No. 4 of 2006) governs the operation of 
the electricity sector in South Africa. It provides for the establishment of the national energy 
regulator (National Energy Regulator of South Africa (NERSA)) and regulates licensing processes, as 
well as the generation, transmission, distribu tion, and trade in electricity. An Electricity Amendment 
Bill was tabled in Parliament in 2023; reportedly, it seeks to create a competitive electricity market, 
allowing several generators to compete on a level playing field ." 
 
EU question 56 : Could South Africa please explain whether the Electricity Amendment Bill that was 
tabled in Parliament in 2023 foresees to grant the Energy Regulator NERSA additional powers to 
facilitate the creation of a competitive electricity market and if so, which exactly?  
 
EU q uestion 57 : Could South Africa please specify what are the prospects for the approval of the 
Electricity Amendment Bill tabled in South Africa 's Parliament are, so that the competitive electricity 
market is operative?  
Paragraph 4.53, page 329:  "Recent meas ures taken to address this situation have reportedly 
included:… Reforms to restructure/support Eskom, including (i) initial steps to unbundle Eskom 
through the creation of a subsidiary transmission company, the National Transmission Company of 
South Africa  (NTCSA) in 2022; …Measures to encourage new private -sector generation capacity and 
to accelerate procurement of this capacity, including (i) the easing of licensing regulations for 
electricity self -generation from 1 MW to 100 MW in 2021; (ii) the removal of a requirement for 
companies to obtain a permit to generate their own power in 2022; (iii) the removal of licensing 
requirements in 2023 to generate electricity, for facilities that have a connection to the transmission 
or distribution power system under  certain conditions; (iv) implementation of reduced timeframes 
for registration and obtaining environmental authorizations; and (v) the introduction of tax incentives 
for investments in rooftop solar. " 
 
EU question 58 : Could South Africa please five further information on the reduced timeframes for 
registration and obtaining environmental authorisations? How have these timeframes been reduced 
and to what degree have they managed to have been reduced?  
EU question 59:  Given the situation of "South Africa's electricity system is in crisis… " (paragraph 
4.52), when does the South African government expect the creation of the National Transmission 
Company that was planned for in 2022?  
 
4.3 Manufacturing  
Paragraph 4.65, page  331: "South Africa administers a number of incentive schemes to encourage 
innovation and exports, and to provide the "critical" infrastructure for investment (Table A3.2). In 
addition, the DTIC implements nine specific incentive schemes in support of the manufacturing sector 
(Table 4.3). Data on these schemes was not available. " 
 WT/TPR/M/447/Add.1  
 
- 56 - 
 
  EU question 60:  Could South Africa please explain how is the agro -processing support scheme 
requiring 50% materials sourced from local suppliers and for additional grant even 70% of local 
content, compatible with national treatment principle?  
 
South  Africa:  In terms of the 2022 Preferential Procurement Regulations (PPRs) local content 
is no longer a compulsory requirement. Under the current procurement regime, each organ of 
state i s empowered to determine its own Preferential Procurement Policy. The 2022 PPRs allow 
organs of state to use specific goals including the Reconstruction and Development Programme 
(RDP) goals to support the procurement of locally manufactured products in th eir tenders. 
These efforts are essential to foster a more dynamic and inclusive economy that creates and 
ensures equal rights and opportunities for small businesses, women, and youth to participate 
in economic growth efforts.  
 
4.4.3.2 Maritime Services  
Paragraph 4.102, page 340 : "South Africa has eight main commercial ports. Of these, there are five 
main ports located on South Africa's East Coast, namely Richards Bay, Durban, East London, Port 
Elizabeth, and Mosel Bay, and two main ports on its West Coast ( Cape Town and Saldanha). It also 
has a deepwater transhipment hub at Ngqura Port. The main activities of these ports are described 
in South Africa's previous Review and have not changed. As indicated in the previous Review, 
Transnet National Ports Authorit y (TNPA) is in charge of the landlord function for ports, and Transnet 
Port Terminals is responsible for ports and cargo terminal management. The Ports Regulator of South 
Africa regulates the tariffs and general port management function of the TNPA. Inform ation was not 
available on port efficiency, on port calls at South Africa's ports, or whether private -sector 
participation in the provision of port services is permitted. " 
 
EU question 61: Could South Africa please clarify whether foreign flagged vessels have access to 
ports services on a non -discriminatory basis? If access to ports services on a non -discriminatory 
basis is not guaranteed, could South Africa briefly present the applicable regulatory framework in 
this regard?   
Paragraph 4.104, page 340: "As indicated in its previous Review, South Africa allows both local and 
foreign -owned vessels on international trade routes to carry its coastal cargo. Information was not 
available on the size of the cabotage market and the main goods transported be tween domestic 
ports. The White Paper on National Transport Policy 2021 (see above) calls for the introduction of 
cabotage protection legislation at a continental level in Africa or regional level in Southern Africa, as 
well as negotiations on bilateral sh ipping or taxation agreements with non -resident ship owners. This 
is in response to the considerable competition and economic pressures from foreign competitors in 
the freight market. " 
 
EU question 62 : Could South Africa clarify whether - and explain the co ndition under which foreign 
flagged vessels can re -position owned or leased empty containers that are carried on a non -revenue 
basis between South Africa 's ports? Could South Africa also clarify whether it has (i) cargo -sharing 
arrangement with third count ries concerning any international maritime transport services, and if 
yes, which ones; (ii) measures that prevent international maritime transport service suppliers from 
directly contracting with other transport service suppliers for door -to-door or multim odal transport 
operations, and if yes, briefly present these measures. Could South Africa also explain the reasons 
behind the repeated lack of information noted in the parts of the report dedicated to maritime 
services (i.e. paragraphs 4.102 to 4.104)?  
WT/TPR/G/447 – Government report – Report by the countries of the Southern African 
Customs Union (SACU)  
SACU  
1.3 SACU Institutions  
Paragraph 1.11, page 7 : "National Bodies: Article 14 of the SACU Agreement, 2002 provides that 
the member States shall establish specialized, independent and dedicated National Bodies or 
designated institutions. The National Bodies shall be responsible for carrying out preliminary 
investigations and recommending any tariff changes necessary to the Tariff Board. In addition  to 
ITAC of South Africa, Botswana has also established its National Body, the Botswana Trade 
Commission (BOTC), while Eswatini, Lesotho and Namibia are at different levels of developing their 
National Bodies. " 
 WT/TPR/M/447/Add.1  
 
- 57 - 
 
  EU question 63:  Could Eswatini, Lesotho and Namibia please elaborate on the current status of 
development of their National Bodies?  
 
Eswatini: Drafting instructions and a zero draft Bill for the establishment of the Eswatini 
International Trade Administration Authority h as been forwarded to the office of the Attorney 
General for the formal drafting of the Bill. This Authority shall be the National Body of Eswatini 
as envisaged by Article 14 of the SACU Agreement, Once the formal drafting process is 
complete, the Bill will  be tabled in Parliament by the Minister for Commerce, Industry and 
Trade during the course of the current 12th Parliament. As soon as it is promulgated, the 
National Body is effectively established. This process is at an advanced stage and it is expected 
to be complete by December  2025.  
 
Lesotho:  Lesotho has established National Body in line with Article 14 of the SACU Agreement. 
Lesotho National Body is under the Ministry of Trade, Industry, Business Development and 
Tourism. Its responsibilities include; Import and export control, tariff investigations and trade 
remedies. Moreover, the Draft Bill was submitted to Parliament in 2022 and is going through 
Parliamentary processes.  
 
1.7 The SACU Strategic Plan 2022 -2027  
Paragraph 1.25, page 9 : "In parallel, SAC U continues to implement a Customs Modernization 
Programme with priorities set on Authorized Economic Operator (AEO) Programme and IT 
Connectivity. This Programme is being streamlined and rationalized to align to the refocused SACU 
Trade Facilitation and L ogistics Programme. Some of the tangible results emanating from 
implementation of the SACU Customs Modernization Programme include development of the 
following tools and frameworks: (i) SACU Customs policy; (ii) Annex to the SACU Agreement 2022, 
on Customs  mutual administrative assistance; (iii) manual single administrative document (Customs 
declaration form that replaced multiple forms used for declaration); (iv) regional frameworks on IT 
connectivity, Authorized Economic Operator Compliance Programme (for merly named Preferred 
Trader Programme) and the Regional Authorized Economic Operator Programme including 
compliance, safety and security; (v) Bilateral and Regional Framework for Automated Exchange of 
Customs information; (vi) regional customs strategies for risk management and compliance; 
Regional Arrangement between SACU member States on Mutual Recognition of Customs 
Accreditation Programmes Aligned to the WCO Safe Framework and the SACU Regional AEO 
Programme; (vii) roadmap for migration from Harmonized  System (HS) 2017 to HS 2022; (viii) 
manual monitoring and evaluation framework, and subscription to an open -source digital platform 
for monitoring and evaluation; (ix) manual system to manage tariff rate quotas under the SADC -EU-
EPA; and (x) guidelines fo r traders and customs Officials to simplify implementation of the SACU -
EFTA FTA. " 
 
EU question 64:  Could the SACU countries explain how are the Authorized Economic Operator 
Compliance Programme and the Regional Authorized Economic Operator Programme including 
compliance, safety and security differentiated?  
 
Lesotho:  In the context of Lesotho, there is a Mutual Recognition Agreement that was ratified 
in 2022 between Lesotho and RSA. There are some engagements between both parties on the 
implementation of this instrument. The two states have established joint validation teams for 
the purposes of mutually recognizing each other's AEOs. We are working on the regional one 
since it is the one that takes precedence.  
 
The difference is borne by the benefits that come with each Level of accreditation We have 
AEO Compliance that focusses more on compliance with cu stoms procedures, and AEO Safety 
and Security that is more focused on improving the security of entities' or traders' supply chain 
through a documented process for determining and alleviating risk throughout their 
international supply chain. With regard to  compliance there is expedited clearance of goods 
but as for Safety and Security, benefits extend more to being mutually recognized in  other 
member states.  
 
SACU: SACU Member States adopted a phased approach towards implementation of the AEO 
Programme. The first phase focused on development and implementation of the Compliance 
Programme which was named Preferred Trader Programme. The second phase focuses on 
development and implementation of a fully -fledged AEO Programme that includes Compliance, WT/TPR/M/447/Add.1  
 
- 58 - 
 
  Safety and Security. The Compliance part highlighted in the above image is migrated from the 
first phase.  
BOTSWANA  
3.3 Intellectual Property and Copyrights  
4.2. Agriculture sector  
Paragraph 3.19 and 3.20, page 15:  "The Copyright and Neighbouring Rights Act (Act No. 6 of 2006) 
is under review. The objective of the review is to bring the Ac t in alignment with the Marrakesh VIP 
Treaty as well as covering other Intellectual Property and Copyrights issues that are not provided for 
in the current version, including but not limited to artist resale right and expressions of folklore. " 
and 
"In February 2022, the Parliament of Botswana approved the Botswana Intellectual Property Policy 
(BIPP) 2022. The main objective of the Policy is to enable Botswana to use its intellectual property 
(IP) potential towards the realization of a knowledge -based ec onomy and to diversify the economy 
to create prosperity for all. The Policy envisions that, "Botswana will be an IP driven economy by 
2036". The Companies and Intellectual Property Authority (CIPA) launched the Policy in November 
2022. " 
 
EU question 65:  Apart from the objectives noted in the report (point 3.19), could Botswana please 
specify whether the objectives will also include legislative or other revisions in respect of an improved 
distribution of royalties to right holder (see point 3. 91 of WT/TPR/S/447 Botswana) and adaptations 
of the copyright regime to the digital environment? Regarding the distribution of royalties, could 
Botswana please outline how this is managed by the respective copyright society (COSBOTS)?  
 
Botswana:  COSBOTS l icenses users and collect for all the works irrespective of their 
nationalities or members of COSBOTS, as well as the work is done in Botswana. Regarding 
Distribution COSBOTS directly distributes to their registered members, for external rights 
holders are  supposed through reciprocal agreement with sister collective management 
organisations.  
Paragraph 4.2, page 16 : "While agriculture is important for subsistence farming, its contribution to 
GDP remains negligible. For Botswana, the agriculture sector is dom inated by arable farming and 
livestock production. Of the two, livestock production, especially cattle, contributes a higher 
percentage to the agricultural GDP. Since the beginning of the COVID -19 pandemic, the Government 
has made a conscious effort to bui ld resilience in food supply chains and reliable domestic production 
that will help improve food security and self -sufficiency. In a bid to develop the agricultural sector 
and diversify the economy, farmers have access to funding from the National Developm ent Bank 
(NDB) and the Agricultural Credit Guarantee Scheme. In addition, the Integrated Support 
Programme for Arable Agriculture Development (ISPAAD), was reviewed to address challenges facing 
farmers and the low productivity in the arable sub -sector. " 
 
EU question 66:  The contribution of agriculture to GDP remains negligible in Botswana, but about 
30% of the population live in rural areas. The Government has made efforts to build resilience in 
food supply chains and reliable domestic production. Could Bot swana explain what other sustainable 
agriculture -related "dimensions" is the government of Botswana envisaging to invest further?  
 
Botswana: The Government of Botswana encourages farmers to diversify their crops or follow 
the national cropping plan to redu ce the country's reliance on a few staple crops and enhance 
food security. The Government has identified some priority sectors for diversification and those 
are poultry, small stock, horticulture piggery, aquaculture and agro -processing. The 
government hop es to invest in more training programmes and extension services to educate 
farmers on modern, sustainable farming practices.  
 
ESWATINI  
3.1 Industrial Development Policy  
Paragraph 3.1 page 22 -23: "Eswatini finalized its Industrial Development Policy (IDP) for the period 
2015-22 which sets out what the country intends to achieve (the vision, mission, objectives, policy 
interventions and strategies) in the area of industrial and trade development. Of note is that Eswatini 
has had no industrial policy be fore; and, over the past decade, economic growth, investment, and 
exports have slowed down, while the business environment has at best stagnated, unemployment 
has risen, production and exports have not diversified. " 
 WT/TPR/M/447/Add.1  
 
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  EU question 67:  The report refers to Es watini 's Industrial Development Policy (IDP) for the period 
2015-22. Provided a new IDP will be enacted, could Eswatini explain whether it has any plans to 
include a policy on its intellectual property ecosystem? Is there a collective management organisati on 
for copyright or related rights established in Eswatini?  
 
Eswatini:  Eswatini has recently finalised the review of her new IDP (2023 -2033), launched in 
October  2023. Eswatini believes that this reviewed Industrial Policy will address various 
challenges t hat our economy is currently facing such as; a sluggish economic growth, 
persistent fiscal crisis, high unemployment rate, in particular youth unemployment, high levels 
of inequality and poverty and declining Foreign Direct Investment (FDI) among others. T he 
issues of IP are covered in the reviewed IDP policy and a detailed discussion on these issues 
will be covered by the sector policy.  
 
LESOTHO  
 
3.1 Agriculture, fisheries  
Paragraph 3.1, page 30:  "Agriculture is one of the key sectors in terms of contribu tion to the 
sustenance of livelihoods of Basotho. Efforts to increase productive capacity in the sector have been 
undertaken including increase of livestock and livestock products as well as food production. Farming 
of animals is the largest contributor to  the sector performance. The contribution of the Agricultural 
Sector to GDP has been on the decline during the review period. The sector contribution was 4.9% 
in 2016 and 4.2% in 2021, generally the average contribution was 4.6% during this period. " 
 
EU question 68:  To strengthen the sector's productive capacity, could Lesotho please share more 
info on the on -going actions for sustainable agriculture?  
 
Lesotho:  Department of livestock introduced Culling & Exchange Programme  which 
involves exchange of four  animal units for one improved ram or a buck. To date, 1,347 
improved rams were procured in exchange for 5,388 sheep culls; and 335 improved bucks in 
exchange for 1,340 goat culls. The culls are auctioned to meat traders for instant slaughtering. 
The culli ng and exchange programme using breeding stock is an incentive for farmers to 
improve quality of fibre and culling of unproductive animals for improved rangelands. On the 
other hand, the revenue generated is utilised for sustainability of the programme.  
Feeding lotting systems  is now being highly encouraged to farmers since the private 
abattoirs are now in construction - MAFSN has constructed fully equipped Artificial 
Insemination Centre . The training of relevant government officials and farmers on artifici al 
insemination techniques is ongoing.   
The MAFSN developed 1,600 Ha of land for irrigation  and is being used for production of 
high value crops. There is also 2,873 Ha of area in different sites that being developed inclusive 
of Market Driven Irrigated Horticulture  (MCA Compact 2) also intended high value crops 
production.  
 
MAFSN has embarked o n producing through Block farming  about 1,791 ha were ploughed 
on winter cropping with expected 5,373 tons on production of wheat. Site to be used for 
summer cropping blocks are being identified.  
 
5.8.1 National Intellectual Property Policy and Strategy (N IPPS)  
Paragraph 5.22, page 34:  "The review of national development policies, strategies and plans was 
undertaken in 2022. Lesotho is in the process of developing the policy and strategy. Upon the 
completion of the NIPPS, Lesotho's IP Laws will be revised and updated as they are currently 
outdated. " 
EU question 69:  Could Lesotho please indicate which IP rights will be affected by this review and 
whether this also includes the accession to international IP treaties?  
 
6.2 SADC -EU EPA, SACUM -UK EPA  
Paragraph 6.5, page 35:  "The EU has also provided training on rules of origin specifically the 
application of diagonal cumulation. These training workshops were held regionally and nationally and 
Lesotho has benefited from th e capacity building. " 
 
EU question 70 : Could Lesotho explain what measures SACU and its member states have or are 
taking to ensure a correct implementation of diagonal cumulation (use of the right set of rules of 
origin) and to avoid circumvention?  WT/TPR/M/447/Add.1  
 
- 60 - 
 
   
Lesot ho: When SADC EPA states cumulate amongst themselves, when importing goods that 
are going to be used for cumulation purposes, they have to be covered by a proof of Origin.  
 
SACU:  Plans are underway at a regional level in SACU to conduct regular training an d capacity 
support to Member States and the Secretariat to ensure correct implementation of diagonal 
cumulation. This intervention is dependent on availability of required resources.  
 
EU question 71:  Could Lesotho clarify how SACU and its Member States are  ensuring that the valid 
proof of origin is obtained when diagonal cumulation is applied within SACU Member States, e.g. 
Botswana cumulates origin with materials originating in South Africa, taking into account that for 
intra-SACU trade there is no need fo r proofs of origin and that for intra -SADC trade the proof of 
origin is an e -certificate of origin (e -CoO)?  
 
Lesotho:  In case of Proof of Origin, SACU member states have agreed to submit specimen 
signatures to the SACU secretariat for distribution to members in case of diagonal cumulation 
for members who would cumulate inputs and export to EU under EPA. This would enable  
members to carry out origin verification in case there could be such a request.  
 
NAMIBIA  
- 
SOUTH AFRICA  
 
A trade policy to build industrial capacity  
Paragraph 1.11, page 58 : "South Africa will step up efforts to ensure that trade defence instruments 
are deployed effectively against unfair and injurious imports. " 
 
EU question 72:  Could South Africa please provide more details of what changes it intends to make 
and a timeline to implement these changes?  
 
South  Africa:  South Africa will notif y changes to its regulations with regard to trade defence 
instruments, if any, to Member States.  
 
EUROPEAN UNION - FOLLOW -UP QUESTIONS  
WT/TPR/S/447 – Annex 4 – NAMIBIA  
 
EU initial question 18:  
Could Namibia please list all international nuclear safety conventions Namibia is already part of and 
share whether the country is still considering joining others?  
Answer:  Namibia is a State Party to the following conventions:  
• Convention on the Physical Protection of Nuclear Material (CPPNM)  
• Convention on  Early Notification of a Nuclear Accident  
• Convention on Assistance in a Case of a Nuclear Accident or Radiological Emergency  
Namibia considers acceding to the following international legal instruments:  
• Joint Convention on the Safety of Spent Fuel Manageme nt and on the Safety of Radioactive 
Waste Management  
• Convention on Nuclear Safety  
Relevant nuclear liability conventions (i.e. Protocol to amend the Vienna Convention and Convention 
on Supplementary Compensation.  
EU follow -up question 1 : 
Could Namibia please indicate if it is considering joining the Nuclear Suppliers Group and if yes, by 
when?  
Namibia:  Yes, Namibia intends to submit its application to join the NSG. The national 
consultation process is ongoing.  WT/TPR/M/447/Add.1  
 
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  WT/TPR/S/447 – Annex 5 – SOUTH AFRICA  
 
EU initial question No 37 :  
Could South Africa please explain how its projected new regulation on labellin g adheres to these 
principles?  
Answer:  The last regulation amendments published in terms of the Liquor Products Act, 1989 (Act 
60 of 1989) relating to labelling, were published on 8 and 15 July 2022. Both sets of amendments 
have since been repealed on 31 J uly 2022. (Herewith the gazette attached for ease of reference) 
relating to repealed amendments of the Liquor Products Act are no longer relevant, as those 
amendments no longer exist.  
The Department of Agriculture, Land Reform and Rural Development has not  published any new 
labelling regulations since then. The amendment to the regulation is discussed under the TBT 
Committee and an update will be provided in the November 2023 Meeting of the TBT Committee.  
EU follow -up question 2 :  
Given that the issue is no t on the agenda of the November TBT Committee, could South Africa please 
circulate an update of the situation in writing?  
 
EU initial question 39:  
Could South Africa please explain whether and how it is applying the WOAH concept of zoning or 
regionalisation? Will South Africa accept poultry and porcine products from HPAI and ASF free areas 
of other members?  
Answer:  The concept of zoning and regionalisation has been a subject of discussions in workshops 
between experts from South Africa and the  EU. This included workshops on these concepts and their 
application.  
EU follow -up question 3 :  
Could South Africa please explain whether and how it is applying the World Organisation for Animal 
Health (WOAH) concept of zoning or regionalisation? Will Sou th Africa accept poultry and porcine 
products from Highly Pathogenic Avian Influenza (HPAI) and African Swine Fever (ASF) free areas 
of other members?  
EU initial question No 46 :  
Could South Africa please explain what steps it is currently taking to facili tate the registration of 
further GIs under the South African GI Registry?  
Answer:  - 
EU follow -up question 4 :  
Could South Africa please explain what steps it is currently taking to facilitate the registration of 
further GIs under the South African GI Regis try? 
EU initial question No 47 :  
Could South Africa please clarify how is the imposition of preferences to locally produced sugar on 
industrial users and retailers compatible with national treatment principle?  
Answer:  - 
EU follow -up question 5 :  
Could South Africa please clarify how is the imposition of preferences to locally produced sugar on 
industrial users and retailers compatible with national treatment principle?  
EU initial question No 48 :  
It appears that there are shortages on the poultry market  in South Africa. In view of this, is South 
Africa considering the suspension of the trade defence measures currently in place?  
Answer:  - 
EU follow -up question 6 :  WT/TPR/M/447/Add.1  
 
- 62 - 
 
  It appears that there are shortages on the poultry market in South Africa. In view of this, is South 
Africa considering the suspension of the trade defence measures currently in place?  
  WT/TPR/M/447/Add.1  
 
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  HONG KONG, CHINA  
Trade Policies by Sector  
 
Telecommunications  
(WT/TPR/S/44 7: Page 98, Para. 4. 60) 
 
Telecom operators require a licence from the Botswana Communic ations Regulatory Authority 
(BOCRA) to operate in Botswana. A new ICT licensing framework was introduced in 2015. The revised 
framework was aimed at achieving, inter alia, technology neutrality, ease of market entry, and open 
access. The licences available  under this sector include the Network Facilities Provider (NFP) Licence, 
Services and Applications Provider (SAP) Licence, and a Content Service Provider (CSP) Licence. The 
NFP Licence is issued to entities that own, operate, or provide any form of physic al infrastructure 
used principally for carrying service and applications, as well as content. The SAP Licence is issued 
to entities that are non -infrastructure -based service providers and provide all forms of services and 
applications to end users using in frastructure of the NFP. A CSP Licence is issued to entities offering 
content material in the form of speech or other sounds, text, data, and images, whether still or 
moving, solely for television broadcasting.  
 
Question:  
 
1. Please share with us more details of the new ICT licensing framework. Are foreign companies 
eligible to apply for the three types of ICT licences? How does the new licensing framework help 
achieve ease of market entry and open access?  
 
Botswana: Foreign companies are allowed to apply for Licences under the new licensing 
framework. The foreign companies are however required to have a local presence in the 
country. This is done by having an office domiciled in Botswana and a business or company 
registration with the Companies and I ntellectual Property Authority in the country.  
The licensing framework helps to ease market entry in that an applicant is able to choose and 
excel in a particular niche in the same licence category. The licence categories are sufficiently 
unbundled to allo w this to happen. An SAP for example has 12 categories while an NFP has 
14, allowing many players to be licensed for a specific service. An NFP licensee is mandated 
to avail their infrastructure to other licensees on an equitable commercial basis. This fac ilitates 
open access as the same network is available to deliver different services.  
 
 
(WT/TPR/S/44 7: Page 337, Para. 4.87)  
 
There are two categories of licences: individual licences, which allow for the provision of services at 
national or provincial leve ls; and class licences, which enable services to be provided at the local and 
district levels. Applications for class licences may be made at any time. Applications to obtain an 
individual network licence (e.g. to deploy networks, fibre, and base stations)  may only be made 
when the Minister has issued an invitation to apply. However, operators may buy an existing 
individual network licence subject to prior approval.  
 
Question:  
 
2. When was the last time that individual network licences were open for applicatio n? Will it be 
open again in the near future? What are the considerations for re -opening the next round of 
applications? As for the purchase of an existing individual network licence, what is the approval rate 
and how long does the authorisation process tak e? Is there a list of criteria for considering such 
authorisation?  
 
Botswana: Operators typically are issued a Service and Application licence (SAP) that enables 
them to provide services. The SAP licence will be accompanied by a Network Facilities Provider  
(NFP) licence that allows them to build infrastructure. Further to that, a Spectrum licences will 
be issued which allocates them frequencies to use in the network. Frequencies are often 
limited, and their allocation is often carried out by way of competit ive bidding. In the past two 
years a competitive bidding process was carried out for some frequency bands. Another 
competitive bidding for another frequency band is being planned in the near future.  WT/TPR/M/447/Add.1  
 
- 64 - 
 
  Factors that are considered when opening up for competiti ve bidding for a licence include 
market readiness, and availability of resources.  
It is a common course that companies might acquire each other either by buying of shares or 
outright purchases. There are specific conditions embedded in the licence conditio ns that deal 
with such matters. Every matter is dealt with in its own merit but some of the considerations 
include effects on the market, competition, and consumer protection.  
 
Air Transport  
(WT/TPR/S/44 7: Page 104, Para. 4. 100) 
 
Air Botswana is fully gov ernment owned. Privatisation of Air Botswana is ongoing. A project 
management committee comprising the Ministry of Transport and Public Works, Air Botswana, and 
the Public Enterprises Evaluation and Privatization Agency (PEEPA) has been constituted. The 
Government, as the shareholder, has appointed the World Bank as a transaction adviser, and a 
detailed study is ongoing to advise on the modalities of privatisation and make recommendations.  
 
Question:  
 
3. Please share with us the latest development and timeframe of the privatisation of Air 
Botswana. What is the role of the project management committee in the privatisation? We are 
interested to know the progress of the detailed study conducted by the World Bank and their 
recommendations.  
 
Botswana: The role of the Project Management Committee is to assist in ensuring that the 
process of privatization is followed and further providing all the necessary information and 
guidance in the process. The Committee reports to the Steering Committee w hich is 
responsible for making decisions in line with the process of privatization as guided by the 
Government.  
World Bank was not appointed as Transaction Adviser. It was appointed to do a deep dive 
analysis of Air Botswana to guide in the privatization p rocess.  Still awaiting the submission of 
the final report.  
 
Financial Services  
(WT/TPR/S/44 7: Pages 200 -201, Para. 4. 63) 
 
The Central Bank of Lesotho (CBL) considers FinTech as instrumental in the provision of various 
innovative financial services and pro ducts in particular to facilitate financial inclusion and to move 
towards a cash -lite society. At the same time, the CBL is cognizant of the risks associated with this 
process. As a consequence, the authorities developed in 2020 the Concept Note on FinTech  Strategy 
for Lesotho. The Concept Note is expected to engage all relevant stakeholders in the FinTech space 
regarding the need to develop a FinTech Strategy for Lesotho.  
 
Question:  
 
4. What kinds of risks are foreseen by the CBL in the process of developing FinTech? And what 
measures has the CBL put in place to mitigate such risks? Please also share with us more details 
about the implementation of the FinTech Strategy for Lesotho.  
 
Lesotho: Two major risks have been identified as cyber risk and digital illite racy risk in the 
context of Lesotho. To this end Central Bank, cooperating with other authorities, such as 
Lesotho, Communication Authority (LCA) through ITU, has adopted and implemented the 
cyber security framework. The Bank collaborates with key stakehol ders to sensitise consumers 
through awareness campaigns. Therefore, implementation of FinTech strategy is ongoing, with 
a specific focus on currently exploring Central Bank Digital Currency (CBDC).  
 
Fisheries   
(WT/TPR/S/447: Page 254, Para. 4.32; Page 324, Para. 4.26)  
 
It is noted that Namibia's exclusive economic zone is one of the most productive fishing grounds in 
the world and South Africa's coastline is particularly rich in biodiversity, while the other three SACU 
members are landlocked.  
 WT/TPR/M/447/Add.1  
 
- 65 - 
 
  Question:  
 
5. What are the SACU members' considerations and the target timeframes for implementation 
and acceptance of the Agreement on Fisheries Subsidies?  
 
Botswana: Botswana has submitted an instrument of acceptance on 23  October  2023.  
 
Namibia: Firstly, S ACU member countries continue to consider the economic interests of the 
agreement and how the agreement will impact their fishing industries and trade in fish and 
fishery products. SACU noted that reducing harmful subsidies could impact the access to 
foreign markets or the competitiveness of SACU's fisheries sector.  
 
Secondly, SACU members are interested in ensuring the sustainability of regional fisheries 
resources and support measures that lead to responsible and sustainable fishing practices, as 
these ca n contribute to the long -term availability of fishery resources. In addition, SACU 
member countries will consider assessing their capacity to comply with the agreement's 
requirements, such as reporting and transparency obligations. This may include technic al and 
financial assistance needed to meet these obligations.  
 
Thirdly, SACU members will consider the WTO Agreement on Fisheries Subsidies' impact on 
trade relations within the SACU region. Hence, SACU member countries will coordinate their 
positions.  
 
Maritime  Transport  
(WT/TPR/S/44 7: Page 265, Para. 4. 89) 
 
The Directorate of Maritime Affairs (DMA) of the Ministry of Works and Transport (MWT) is 
responsible for implementing Namibia's obligations as flag, port, and coastal state, but is facing 
capacity ch allenges. The MWT with the assistance of the International Maritime Organization (IMO) 
is currently engaged in a marine administration reform programme that involves the establishment 
of a new Namibian Maritime Authority as regulator and the modernisation of the maritime legislation 
(Maritime Authority Bill, Merchant Shipping Bill, and Marine Pollution Bill and related regulations).  
 
Question:  
 
6. What are the capacity challenges for implementing Namibia's obligations? Please share with 
us the progress of the marine administration reform programme. What are the major changes under 
the modernisation of the maritime legislation?   
 
Namibia: Technical capacity: although the training institutions are providing training to 
Namibian students to take up positions, since Namibia does not have a significant vessel fleet, 
the graduates do not get sea time practical experience to meet all STCW requirements. The 
small percentage which gets the opportunity to get to the highest levels of both academic and 
practical traini ng cannot be attracted to the administration because of the salary gap offered 
by industry (both local and international) and the administration at the moment.  
Financial capacity: the budgetary limitation by the fiscus cannot provide for all activities 
including but not limited to sourcing of skilled personnel to effectively enforce the obligations. 
As an example, the administration does not have a patrol vessel of its own, etc.  
 
Most of Namibia's legislation is outdated. The reform programme will entail d rafting new 
legislation in all facets on the maritime space. The IMO technical assistance programme just 
(September 2023) completed an assessment in the maritime security and safety areas. The 
findings will be incorporated in the new Merchant Shipping Bill  which will be redrafted. Other 
main bills to be redrafted include the Maritime Authority Bill, the Marine Pollution Bill, the 
Admiralty Jurisdiction Bill. The bills will deal with contemporary maritime related matters. 
Additionally, various instruments wi ll be ratified and domesticated. Although preparatory work 
has started on the drafting programmes, work is only expected to start in the 2024/2025 
financial year.  
 WT/TPR/M/447/Add.1  
 
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  Trade Policies by Measures  
 
Intellectual Property Rights  
(WT/TPR/S/447: Page 317, Para 3.10 7-3.108 and Table 3.6)  
 
There were no changes to the Patents Act and the Patent Regulations over the review period. The 
key features of these Acts are described in the previous Review. Over the period 2014 -21, patent 
applications were driven by non -residen t applications.  
 
Phase I of the IP Policy largely focuses on the shortcomings of the existing legal and regulatory 
framework with respect to IP and public health and makes several recommendations. These 
recommendations include (i) progressively replacing t he existing "depository system" for patents 
with a "substantive search and examination" system in order to give greater legal certainty to patent 
holders and to ensure the system is effective in promoting innovation; (omitted)  Steps to implement 
Phase I of  the IP Policy have included progressively replacing the existing depository system for 
patents with a substantive search and examination system. Implementation of other 
recommendations are awaiting legislative reform.  
 
Questions:  
 
7. It is noted that a large  majority of patent applications in South Africa were filed by non -
residents during the review period. Are there any plans or measures to boost the number of resident 
filings?  
 
8. It is noted that steps have been taken to implement Phase I of South Africa's IP Policy, 
including progressively replacing the existing depository system for patents with a substantive search 
and examination system. Could South Africa elaborate on the measures which have been 
implemented over the review period, and the time frame for introducing the substantive search and 
examination system?  
 
South  Africa:  The process in the National Council of Provinces has been concluded on the 
Copyright Amendment Bill and Performers ' Protection Amendment Bill. The Amendment Bills 
proceed back to the Portfolio Committee of Trade and Industry for further deliberation. The 
Parliamentary process is still ongoing at this stage.  
South Africa is working on patent bill that will be published soon.  
 
  WT/TPR/M/447/Add.1  
 
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  JAPAN  
Report by the Secretariat (WT/TPR/S/447)  
1. Economic Environment  
1.2 Recent economic developments  
(Paragraph1.13, page 54)  
 
Question 1:  
Paragraph states that Botswana has faced food shortages as a result of its policy of encouraging 
local industrialization of food and beverages, rather than importing food. What is the Botswana 
Government's policy to alleviate the situation and b e consistent with free trade principles?  
 
ANNEX 4: NAMIBIA  
3. TRADE POLICY ANS PRACTICES BY MEASURE  
3.2 Measures directly affecting exports  
3.2.2 Taxes, charges, and levies  
(Paragraph 3.40, page 237)  
 
Question 2:  
In Namibia, P.237, para 3.40 of the report describes "Export levies apply to forestry products" Please 
provide following information.  
1 HS codes and tree species for the regulated products.  
2 More detailed explanation for the reason and background of the introduction  
of the measure.  
3 We would like to know what specific consideration was given to the importers in terms of 
transparency and predictability.  
 
ANNEX 5: SOUTH AFRICA  
3. TRADE POLICIES ANS PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.3 Sanitary and phytosan itary requirements  
(Paragraph 3.63, page 308)  
 
Question 3:  
Under the Liquor Products Act amended in 2021, the classification of Japanese sake is unclear, and 
thus additional procedures are required to export Japanese sake to South Africa, which leads a non -
tariff barrier. Please clarify how Japanese sake and the export of Japanese sake to South Africa are 
positioned under this law.  
 
ANNEX 5: SOUTH AFRICA  
4. TRADE POLICIES BY SECTOR  
4.2 Mining and Energy  
4.2.1 Mining  
(Paragraph 4.41, page 327)  
 
Question 4:  
The Mining Charter, established in 2018, sets a target of 70% local procurement for goods used by 
mining companies in mining operations, as well as 80% local procurement for services. Since it is 
desirable to implement policies in a transparent manner, plea se clarify the scope and detailed 
implementation schedule of the localization requirements.  
Also, please clarify the details regarding the scope of the local procurement (for example, are 
products from suppliers with a BBBEE score level of 1 treated as "lo cally procured in South Africa")?  WT/TPR/M/447/Add.1  
 
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ANNEX 5: SOUTH AFRICA  
4. TRADE POLICIES BY SECTOR  
4.2 Mining and Energy  
4.2.1 Mining  
(Paragraph 4.44, page 327)  
 
Question 5:  
Paragraph states that the absence of a transparent and cadastral system has been identified as 
having an adverse impact on investment decisions in the mining industry, which is important for 
South Africa's trade. What is the South African Government's policy to tackle this issue?  
 
ANNEX5: SOUTH AFRICA  
4. TRADE POLICIES BY SECTOR  
4.3 Ma nufacturing  
(Table 4.2 Manufacturing incentive schemes, 2022, Automotive Investment Scheme 
(AIS), page 331)  
 
Question 6:  
Based on the Green Paper on the advancement of new energy vehicles announced in 2021, measures 
are scheduled to be formulated to provid e incentives for new energy vehicles, including hybrid 
vehicles. However, as of October 2023, it has not yet been formulated. Please explain the future 
schedule as well as the content of the policy measures, to ensure predictability of your country's 
autom otive industry.  
 
ANNEX5: SOUTH AFRICA  
4. TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.3 Transport  
4.4.3.3 Rail Transport  
(Paragraph 4.106, page 340)  
 
Question 7:  
Paragraph states that Transnet Freight Rail (state owned) has been mismanaged, which has 
impacted exports of certain minerals. What is current policy to ensure that South Africa captures its 
potential from a trade perspective?  
 
  WT/TPR/M/447/Add.1  
 
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  MALAYSIA  
GOVERNMENT REPORT (G447)  
 
BOTSWANA  
 
Page 12  
 
2.3 Monetary Policy  
 
2.5. Bank of Botswana (BoB), the Central Bank, in its implementation of the monetary policy, aims 
to achieve a low and sustainable level of inflation. In 2022, the Central Bank conducted the monetary 
policy in the context of projected elevated inflation associated with upward adjustment o f 
administered prices, a modest recovery was realized in domestic demand resulting from the easing 
of containment measures due to deployment of effective COVID -19 vaccines and relatively high 
foreign inflation These conditions provided scope for a contract ionary monetary policy stance in 
support of the attainment of the Bank's price stability objective of 3 –6%. 
 
2.6. BoB is also responsible for implementing the exchange rate policy. In 2022, the Pula basket 
weights were maintained at 45% and 55% for the Sou th African rand (ZAR) and the IMF's Special 
Drawing Rights (SDR), respectively, reflecting Botswana's trade pattern and financial relationships 
with the external world.  
 
2.7. The Bank implemented an annual downward rate of crawl of 2.87% with a view to enh ancing 
domestic industry competitiveness. In 2022, the trade -weighted nominal effective exchange rate 
(NEER) of the Pula depreciated in line with the rate of crawl of the Pula exchange rate. The real 
effective exchange rate (REER) appreciated by 2.1% in th e same period because of a higher positive 
inflation differential between Botswana and the trading partners than the 2.87% downward rate of 
crawl, and this suggested loss in international competitiveness of domestic firms.  
 
Question :  
 
1. What are other initi atives undertaken by Bostwana on the supply side, in managing 
inflation?  
 
Page 14  
 
3.1 Trade policies and strategies  
 
3.11. Botswana has also set up the SmartBots  Programme whose objective is to drive digital 
innovation across the economy, government and society. One of its deliverables is to increase digital 
connectivity nationally. Software applications were developed for farmers, SMMEs, primary school 
education services in order to increase their efficiency.  
 
Question : 
 
2. Does SmartBots  Programme provides security and confidentiality of the user in 
terms of their personal data?  
 
3. Are there security solutions to manage data privacy program in the SmartBots 
Programme?  
 
Page 16  
 
4.1 Manufacturing sector  
 
4.1. The manufacturing sector has be en identified as an engine for employment creation and 
diversification of the economy. As a result, there has been a number of initiatives both at the national 
and regional levels aimed at developing the sector. Regardless of these initiatives, the manufac turing 
sector has underperformed. According to Statistics Botswana and the World Bank reports, the 
sector's contribution to GDP was 8.5% in 2010 but dropped down to 5.7% in 2020. Regarding WT/TPR/M/447/Add.1  
 
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  employment, manufacturing accounted for 7.7% of formal employment i n 2020 according to the 
new Quarterly Multi -topic Household Survey.  
 
Question :  
 
4. What are the initiatives of specific national and regional levels that have been 
implemented to develop the manufacturing sector?  
 
5. Why has the manufacturing sector underperfo rmed despite these initiatives?  
 
6. What factors or challenges have contributed to the decline in the manufacturing 
sector's contribution to GDP from 8.5% in 2010 to 5.7% in 2020?  
 
ESWATINI  
 
Page 22  
 
3.1 Industrial Development Policy  
 
3.1. Eswatini finalized its Industrial Development Policy (IDP) for the period 2015 -22 which sets out 
what the country intends to achieve (the vision, mission, objectives, policy interventions and 
strategies) in the area of industrial and trade development. Of note is t hat Eswatini has had no 
industrial policy before; and, over the past decade, economic growth, investment, and exports have 
slowed down, while the business environment has at best stagnated, unemployment has risen 
production and exports have not diversified . 
 
3.2. The objectives of the IDP are as follows:  
 
a) To enhance manufacturing and services sectors contribution to GDP to be above 50% and 
increase manufacture exports by 5%;  
 
b) To promote diversification of the country's industrial activities and increase emp loyment 
in the manufacturing sector by 5% per year;  
 
c) To increase utilization and beneficiation of local and regional raw materials in the 
production of goods for domestic and export markets by 50%; and  
 
d) To promote broad -based industrialization path by incr easing the participation of MSME 's 
in the manufacturing sector by 10%.  
 
3.3. It focuses on a wide range of strategic areas that have been derived  
 
Question :  
 
7. What are the specific broad -based industrialisation efforts undertaken to assist 
MSME 's participation in the manufacturing sector?  
 
Eswatini: The GoE has put in place a number of broad – based industrial efforts to assist 
MSME's participation in the Manufacturing Sector. These initiatives are multi -sectoral.  
 
Most of the MSME's are facing  a responsive development financing model. The country has put 
in place the MSMEs Agricultural Development Fund under the Ministry of Agriculture to boost 
investments in agricultural infrastructure and capacity building. Another support provided is 
the Sma ll Scale Enterprise Loan Guarantee Scheme.  
 
The country is cognisant of the fact that MSME's have a greater role to play in a country's 
development Agenda. There are a number of strategies that the country is initiating for the 
MSME's to tap on the indust rialisation efforts.  
1. The GoE is allowing the big players in the industrialisation space to hand hold and 
support MSME's to allow for the growth.  
 WT/TPR/M/447/Add.1  
 
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  2. The GoE believes that a good training would ensure a successive SME sector. The 
country has since taken an ini tiative to focus on training on business. The first training 
is undertaken by Junior Achievers; whereby we have seen school going age pupils 
learning business and coming up with innovative ideas. These pupils have competed 
regionally with their projects.  
 
The second stream of students has seen the graduated students being trained on business. These 
students are coming up with great minds and solutions for the country's economy. There is only a 
lack in understanding the role that should be played by the crea tive industry rights in their ideas. 
These two training vehicles (Junior Achievers and ENACTUS) are financed by the Government of 
Eswatini to undertake these training exercises.  
 
3. The Ministry in the current period is reviewing the MSME Policy. We hope this  policy will 
re-direct and drive SME's to have a significant impact on the industrialisation efforts.  
4. Another issue that the country is looking into when referring to our SME sector is the 
quality issue. GoE has since attained a product certification mark "Ingelo". There is a lot 
of training that is going on to encourage the quality culture in the production of goods. 
The GoE is further planning a hand holding exercise that will attest the scientific claims.  
 
Lastly, the GoE is in the verge of reviewing the  Investment policy. It is this policy that will guide on 
the MSME's on how to engage both big players in the manufacturing sector and also provide the 
Government's role in supporting innovation, Research and Development.  
 
LESOTHO  
 
Page 30  
 
3.3 Manufacturing  
 
3.3. Manufacturing sector in Lesotho is one of the main employers in Lesotho. Its contribution to 
GDP is relatively high, however, its contribution has declined during this period. Although it has 
declined from at 17.6% in 2016 to 7.7% 2021.  Manufacturing sector recorded a decline of 9.1% in 
2020 as a consequence of the COVID -19 pandemic. The traditional export markets were therefore 
affected as the borders were closed and this led to drastic loss of business and jobs. Additionally, 
the suppl y chains were disrupted leading to closure of almost all manufacturing industries as they 
were not producing essential goods. Textiles, clothing, footwear and leather industries are the largest 
contributors to manufacturing. The sector has since recorded a  7.7% growth in 2021 buoyed by the 
easing of the restrictions due to COVID -19 and the recuperated manufacturing activities leading to 
increase in exports.  
 
 
Question :  
 
8. Have there been any new policies or plans to improve the manufacturing sector's 
perfor mance?  
 
9. How significant is the manufacturing sector in terms of employment in Lesotho?  
 
10. What has been the historical contribution of the manufacturing sector to Lesotho 's 
GDP, and how has it changed over time?  
 
11. What were the specific reasons for the decline in the manufacturing sector's 
contribution to GDP from 17.6% in 2016 to 7.7% in 2021?  
 
Lesotho: The National Trade Policy Framework (2020 -2025) outlines plans to increase the 
manufacturing sector focusing on product development and export diversifi cation. The 
manufacturing sector contributes to about 13% (2019) of the labour force. The contribution 
of the sector to GDP has remained fairly stable for the period under review averaging 14 % of 
GDP. The most significant decline were recorded in 2020 and  2021 as a result of the COVID -19. 
 
 WT/TPR/M/447/Add.1  
 
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  Page 34  
 
5.6 Investment policy  
 
5.19. The Investment Policy of 2015 is also under review. Its objectives are to create a conducive 
investment environment for investment promotion and facilitation and to connect foreign and 
domestic investment for economic transformation.  
 
Question :  
 
12. How does the Investment Policy aim to create a conducive environment for 
investment promotion and facilitation?  
 
13. Are there any specific sectors or industries targeted under the Investment Policy 
review?  
 
Page 34  
 
5.8 Intellectual property rights  
 
5.21. Lesotho has made a number of notable developments in relation to intellectual property rights. 
These entail automation of the Industrial Property Registry System (IPAS4.0) in 2022. The system 
automates the processing of trademarks, patents and industrial d esigns applications, examinations 
and gazette publication. Furthermore, five technology and innovation support centres were 
established.  
 
Question :  
 
14. Could Lesotho provide further information on the five technology and innovation 
support centres with regards to their core functions, priority areas if any, and 
maintenance and operation, including whether it is funded by public or private 
sector?  
 
NAMIBIA  
Page 39  
 
2.2 Inflation  
2.2. On average inflation registered at 4.3% during the period under review ( 2016-21). Namibia has 
a limited scope over monetary policy discretion therefore it is unable to control imported inflation. 
Namibia's inflation rate rose to 3.6% during 2021 compared to 2.6% recorded in 2020. This was 
largely driven by an increase in infla tion for transport, housing and food and non -alcoholic beverages 
and a rise in international oil prices. The highest inflation was recorded with 6.7% in 2016 whilst the 
lowest rate of 2.2% was recorded in 2020.  
 
Question :  
 
15. What are other initiatives undertaken by Namibia in controlling inflation, 
particularly for imported inflation?  
 
Namibia: It is quite tricky to control inflation outside the country's territory. However, Namibia 
has taken measures to try to reduce imported inflation and minimize the impact, among these 
include legal and policy frameworks to promote and encourage investment in the domestic 
economy by both foreign and domestic investors. Specific measures include Regulations that 
compel institutional investors such as pensi on funds and retirement funds to invest 45 percent 
of their total assets in Namibia, with a maximum of 3.5 percent in the unlisted investment.  
 
Namibia took initiatives to control inflation (not imported inflation per se).  
 
During 2016 -2021 period,  admini stered prices were increased by lower rates than before . 
Administered priced include items such as tariffs for electricity and water, levies included in 
the fuel price, municipal services, local rates & taxes, prices for controlled grains (maize, wheat 
and mahangu) etc.  WT/TPR/M/447/Add.1  
 
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Furthermore, a rise in international prices is highlighted since it affects our inflation through 
the transport category and transport inflation.  
 
Page 39  
 
2.3 Fiscal policy  
 
2.3. Political stability and sound economic management, and a sustained fiscal commitment to social 
programs helped Namibia to confront developmental activities however the challenging domestic 
economic environment continued to impact the fiscal policy. During the FY 2017/18 and 2018/19, 
the budget deficit was maintained at 5.4%, this was due to the higher SACU receipts and improved 
revenue collection from personal income and corporate tax compared to the budget deficit of 8.3% 
recorded in FY 2015/16. This further contributed to the decline in the de ficit compared to the budget 
deficit of 6.9% recorded during the FY 2016/17. The downward revision was mainly a result of 
additional budgetary provisions to settle arrears and provision for critical services.  
 
Question :  
 
16. What are the challenging domestic economic environment that have impacted 
Namibia 's fiscal policy? Please elaborate.  
 
Namibia: Namibia is a semi -arid country and drought due to low and sporadic rainfall 
patterns, which comes with huge fiscal policy intervention. Other challenges include hi gh 
unemployment especially among the youth, high level of income inequality with majority of 
people living in relative poverty and severe impact of climate change. These state of social 
economy necessitated the need for large spending on social safety nets . 
 
 
17. What were the key reasons for maintaining a budget deficit of 5.4% during FY 
2017/18 and 2018/19?  
 
Namibia: The country was just recovering from impacts of the global financial and economic 
crises. This was followed by devastating drought and flood hap pened during the 2016/17 and 
2017/18 respectively. The deficit was induced by fiscal intervention necessary to mitigate the 
effect of these events on the people.  
 
Page 44  
 
5.2.2 Export levy  
 
5.14. Namibia implemented an export levy by imposing an export levy on certain goods in order to 
improve Namibia's value share in its resource base, to encourage further processing or beneficiation 
of or value addition to such goods, to support national or regional industrial development, to promote 
the develop ment of regional value chains to meet revenue needs; and to provide for incidental 
matters.  
 
5.15. Export levy is charged on exportation of minerals, forestry products, fish products, indigenous 
plants, animal hides and skins as well as live animals and animal products. Tariff rates are contained 
and listed in the Export Levy Act, 2016.  
5.16. The coverage of the export levy was expanded to include other specific agricultural, forestry 
and game products and other mining products currently not covered by th e export levy regime. As 
such, the export levy for dimension stones was increased from the current 2% to 15% and an export 
levy of 15% for timber was introduced.  
 
Question :  
 
18. Namibia is a WTO member since 1995 and not listed under the Least Developed 
Count ries (LDCs). WTO does not permit export levy but allows such levy to be 
imposed by the listed LDCs. As such, could Namibia being a non -LDC clarify on the 
imposition of the export levy?  
 WT/TPR/M/447/Add.1  
 
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  Namibia: Namibia imposes export levy on raw materials in order to prom ote local value 
addition and job creation.  
 
SECRETARIAT REPORT – Annex 5 (S/447)  
 
SOUTH AFRICA  
 
Page 305  
 
3.3.2 Standards and other technical requirements  
 
3.50. The South African National Accreditation System (SANAS) assesses and accredits bodies that 
provide conformity assessment services (testing, inspection, and certification).98 In this regard, 
South Africa has mutual recognition agreements (MRAs) in place with several regional cooperation 
bodies (Table 3.2).  
 
Question :  
 
19. Is there a specific agency responsible for regulating conformity assessment 
services for medical devices?  
 
20. Are there any Mutual Recognition Agreements (MRAs) related to medical devices, 
and could South Africa provide examples of the control elements agreed upon 
within these MRAs?  
 
Page 306  
 
3.3.2.2 Technical regulations  
 
3.54. The National Regulator for Compul sory Specifications (NRCS), an independent organization 
falling under the DTIC, is responsible for drafting technical regulations in the areas of 
electrotechnical; legal metrology; food and associated industries; automotive; chemicals; materials; 
and mecha nical products. Government departments/entities and persons or companies may request 
the NCRS to develop or amend a technical regulation; this request must be justified. South Africa 
has over 70 NRCS -administered technical regulations in force. Most of the  products/services 
regulated by the NRCS require conformity assessment in the country of origin before the products 
are imported to South Africa.  
 
Question :  
 
21. Could South Africa provide the names of agencies responsible for overseeing the 
certification act ivities of the medical devices?  
 
22. Could South Africa provide a list of countries recognized for conformity 
assessment? Additionally, could you clarify if there is a recognition pathway for 
medical device products imported into South Africa?  
  WT/TPR/M/447/Add.1  
 
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  RUSSIAN FEDERA TION  
SOUTH AFRICA  
3 SOUTH AFRICA'S TRADE PERFORMANCE  
Page 51, para 3.2.  […] South Africa recorded economic growth of less than 1.2% from 2015 up 
until 2018. In 2019, South Africa's economy contracted by 6.3%. Trade openness proved to be an 
important factor  for South Africa economic trajectory. South Africa remained open during the COVID -
19 period particularly to the importation of pharmaceutical products. Export expansion contributed 
to GDP, while moderate economic growth drew in increased imports. South Af rica's future growth is 
therefore likely to be influenced by its ability to access inputs at competitive prices and its ability to 
expand its exports in new and existing markets.  
 
Question №: 1 
Please elaborate, what were the key reasons behind South Africa 's economy contraction in 2019?  
 
South  Africa:  South Africa was experiencing its longest business cycle downturn since 1945, 
with business and consumer confidence at historical lows and manufacturing capital stocks at 
decade -lows. 
 
The e conomy grew by just 0.2 per cent in 2019, compared with 1.5 per cent forecast at the 
time of the 2019 Budget. Per capita gross domestic product (GDP) was stagnate over the 
medium term  
 
Investment contracted by 1.6 per cent in the first half of 2019, offset  by a 15.2 per cent 
recovery in private -sector investment in the second quarter.  
 
Due to a wider deficit, weaker currency and higher interest rates, the cost of servicing 
government debt exceeded 2019 Budget estimates by R1.5 billion in 2019/20  
 
The gover nment's large budget deficits since the global financial crisis have increased 
borrowing and made the country's debt -to-GDP ratio among the highest among its peers.  
 
Government increased auction levels and borrowing from the Corporation for Public Deposits  
to cover cash flow pressures, provide financial support for Eskom and provide for anticipated 
revenue shortfalls.  
 
On the contrary, however, inflation pressures subdued in 2019 to 4.3 percent from 4.7 in 
2018. South Africa 's official unemployment rate in creased marginally further to 29.1% in the 
third quarter of 2019.  
 
The contraction in the real output of the primary ( -5,5 per cent) and secondary sectors ( -3,8 
per cent) in the third quarter of 2019 occurred in all of the subsectors due to a sluggish 
economy, policy uncertainty, drought, and electricity supply shocks.  
 
In 2019, South Africa's investor confidence was impacted by policy uncertainty, drought, and 
electricity supply shocks, while inefficient investment spending by state -owned companies, 
poor e ducation outcomes, and slow economic growth have impacted productivity growth and 
confidence. This has led to a decline in relative competitiveness.  
 
7.2 Re -imagined industrial strategy and master plans approach  
Page 55, para 7.14. Multilaterally, South Africa adopts a developmental approach that seeks to 
address existing imbalances in the rules; secure policy space to pursue industrialization, and ensure 
new challenges (e.g. pandemic, environment, and climate change) are addressed on the basis of 
fairness and equity. South Africa continues to advance a development outcome to the WTO's Doha 
Round.  
 
Question №: 2 
Could South Africa please elaborate on the key existing imbalances in the rules?  WT/TPR/M/447/Add.1  
 
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  South  Africa:  Recent challenges in the WTO are a reflection of a wider crisis of 
multilateralism. At the WTO, the crisis is the result of a confluence of factors all rooted in the 
specific policies that underpin WTO legal commitments since 1995. These policies have 
propelled an unbalanced globalization where the massive extension of global markets for trade 
in goods and services, finance and investment alongside stronger protection to holders of 
intellectual property rights (IPRs) delivers enormous benefits for transnat ional corporations, 
global financial institutions and holders of IPRs but also a concentration of economic wealth, 
growing inequality, job losses and job insecurity.  
 
The backlash now in developed countries overlays longstanding concerns of developing 
countries that the WTO agreements arising from the conclusion of the Uruguay Round 
negotiations in 1994 are imbalanced and prejudice their trade and development interests. 
Developing countries point to the unfair exchange of tariff concessions where they under took 
deep reductions without commensurate reductions of tariffs in sectors of their export interest. 
Imbalances are evident in agricultural rules where developed countries can continue to provide 
massive trade distorting support to their farmers while indu strial subsidy rules diminish policy 
space for developing countries to support industries critical for them to climb up the 
development ladder, including by prohibiting measures previously employed by developed 
countries when they were developing. By contr ast, the rules permit support to technology -
intensive sectors that industrial countries demand. Moreover, rules on intellectual property 
provide monopoly rents to firms in those sectors with no countervailing opportunity to facilitate 
either technology tra nsfer to developing countries or affordable access to such products and 
production processes.  
 
With others, South Africa has advocated the need to 'rebalance ' WTO rules in order to foster 
a more developmental and inclusive trading system. South Africa acti vely supported the launch 
of the Doha Round in November 2001 which promised "to place developing countries needs 
and interests at the centre of negotiations ". The keys were to reform trade distorting subsidies 
in agriculture, public stockholding for food s ecurity, and securing policy space for 
industrialization and technology transfer. This agenda has been frustrated; developed 
countries appear intent on abandoning the Doha developmental mandate and the imbalances 
remain.  
 
ANNEX 1 – SOUTH AFRICA TRADE POLIC Y STATEMENT  
A trade policy to unlock development across the African continent  
 Page 60, para 1.23.  In preparing for this transformation, the dtic is incorporating an AfCFTA  
Chapter in sector master plans and the district development strategy. In addition, we have begun 
consultations with other African countries on the development of cross -border value chains 
covering a range of industries. Dedicated discussions focusing on t hese sectors are already 
underway with SACU member States and we will expand the discussion with others over time.  
 
Question №: 3 
Please share the best practices and lessons learned so far during discussions on developing the 
cross-border value c hains. How do you plan to achieve resilience?  
South  Africa:  The discussion on cross border value chain is ongoing in SACU. The work is at 
the conceptual level Thus far, Member states have agreed to focus on the low hanging fruits, 
the sectors which will h ave multilateral impact.  
 
REPORT BY THE SECRETARIAT  
 
SUMMARY  
Page 4, para 3. SACU economies collectively grew by 1.2% annually on average from 2014 to 2022. 
The growth trend is biased towards South Africa's performance as it is the leading economy within 
SACU. Over the review period, economic growth has fluctuated, and all five countries registered 
negative growth in 2020. Botswana's growth bounced back more robustly in 2021 and 2022 from 
the COVID -19 pandemic than the other SACU countries.  
 
Questio n №: 4 
Which measures adopted by the government allowed Botswana to recover from COVID -19 pandemic 
implications more robustly?  WT/TPR/M/447/Add.1  
 
- 77 - 
 
  Botswana: The tax relief and other tax measures like, payment deferrals, tax rate reductions  
Extended due dates for tax  returns, payments  
Employment -related measures  
- Covid -19 Wage Support Scheme - provided financial support to employees in the travel 
and tourism sector, export -oriented enterprises, ICT sector, SMEs and other sectors of the 
economy, who become technicall y unemployed on a temporary basis due to the impact of 
the Coronavirus.  
- Wage subsidies for businesses registered for tax, regardless of whether they owe tax. 
Qualifying businesses accessed wage subsidies of up to P 2 500 per month per each citizen 
employ ee.  
Economic stimulus measures  
- Loans, moratorium on debt repayments…)  
- Relief Fund - Government Guaranteed Loans of up 25 million per borrower availed to tax 
compliant businesses.  
- Reduction in bank rate, waiver of penalties, rescheduling of loan repayments.  
- Development of post -Corona Economic Stimulus Package.  
Page 7, para 24.  […] South Africa has a myriad of incentive schemes, many of which have 
localization requirements and must be compliant with the country's Broad -Based Black Economic 
Empowerment legislation. It has also introduced various sectoral master plans to help boos t 
economic growth and create employment.  
 
Question №: 5 
Could you please provide more detailed information concerning such sectoral master plans?  
South  Africa: The 2019 Re -Imagined Industrial Strategy as a significant step forward in 
scaling up efforts to promote long -term industrialization and industrial diversification beyond 
the current reliance on traditional commodities and non -tradable services.  
These programmes place emphasis on more labor -absorbing production and services sectors, 
includi ng increased participation of historically disadvantaged people and regions in the 
economy, while aiming to facilitate South Africa 's contribution to industrial development in the 
African region.  
A key pillar of the Re -Imagined Industrial Strategy is the d evelopment of Masterplans; central 
to these Masterplans is the strong social compact between government, industry and 
organized labour. Ongoing work on sectoral Master Plans address competitiveness challenges, 
with an emphasis on localization and beneficia tion that inform South Africa 's trade policy.  
http://www.thedtic.gov.za/media -room/master -plans/  
BOTSWANA  
1 ECONOMIC ENVIRONMENT  
1.1 Main features of the economy  
 
Page 50, para 1.4 . Other challenges to Botswana's economic development include maintenance of 
its infrastructure, high unemployment, and income inequality. Despite relatively high public 
investment, the quality of infrastructure has been falling, particularly in the railway network and 
electricity grid. Due to the capital -intensive n ature of the mining and quarrying sector (accounting 
for 1.8% of total employment in 20225), this diamond -led growth model does not generate sufficient 
jobs. Unemployment reached 23.6% in 2022 (Table 1.1), and youth unemployment reached 34.4% 
in 2021. This  exacerbated Botswana's income inequality. With a Gini coefficient of 0.53 in 2015, 
Botswana is among the 10 most unequal countries in the world, according to the World Bank. The 
top 10% of the population holds 61.2% of financial assets.  
 
Question №: 6 
Apart from the lack of personnel, what are the main challenges that prevent public investment from 
improving the quality of infrastructure?  
Botswana:  Financial Constraints  WT/TPR/M/447/Add.1  
 
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  Question №: 7 
Are there any specific programs in place to address the issue of youth unemployment?  
Botswana:  The Youth Development Fund by the Ministry of Youth Sports and Culture provides 
50% grant (on strict adherence to stipulated terms and conditions of offer) and a loan for the 
other 50% repayable without any interest and in the event of payment default at the rate of 
5% per month on the outstanding amount.  
 
1.3 Trade performance and foreign direct investment  
1.3.3 Foreign direct investment (FDI)  
 
Page 59, para 1.22.   
According to the Worl d Bank, Botswana has not met expectations in attracting significant FDI in non -
extractive industries. However, in recent years, FDI in the services industry (insurance and banking) 
has grown, with a particularly strong focus on business services.16 Botswan a expects rapid recovery 
in FDI in sectors such as software and information technology (including artificial intelligence, 
cybersecurity, gaming, and machine learning), life sciences (biotechnology, e -health, and medical 
technology), and renewable energy.  
 
Question №: 8 
What are the reasons for FDI growth in the services industry?  
Botswana:  For a Landlocked country like Botswana, services investment is not as costly as 
trading in goods. In general terms, the country's strengths lie on its low levels of corruption, 
economic governance and liberal tax system.  
According to para. 1.22: "Botswana  expects rapid recovery in FDI in sectors such as software and 
information technology (including artificial intelligence, cybersecurity, gaming, and machine 
learning), life sciences (biotechnology, e -health, and medical technology), and renewable energy ". 
Could you please elaborate on the reasoning behind such expectation?  
Botswana:  Though the digitalization programme, the Government is building the foundation 
to support the mentioned sectors.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures directly affecting exports  
3.2.4 Export support and promotion  
 
Page 73, para 3.32.   
The Government's strategy on economic development – Vision 2036 (Table 2.2) – aims to develop 
Botswana as a high -income country by 2036, with an export -led economy underpin ned by diversified, 
exclusive, and sustainable growth driven by high levels of productivity.56 The Government plans to, 
inter alia, promote export -led growth by securing global markets for locally produced goods and 
services, and provide soft loans to exis ting businesses (the BWP 1.3 billion Industry Support Facility) 
(Section 4).  
 
Question №: 9 
According to para. 3.32, "The Government plans to, inter alia, promote export -led growth by securing 
global markets for locally produced goods and services, and provide soft loans to existing businesses 
(the BWP 1.3 billion Industry Support Facility) ". Concerning the provision of soft loans, could you 
please clarify which economy sectors or industries would be prioritized?  
 
Could you please also cla rify which measures are envisioned for securing global markets for the 
locally produced goods?  
Botswana:  Within the already existing agreements, there will be product specific export plans 
and private sector capacity building on requirements for specific m arkets . 
 WT/TPR/M/447/Add.1  
 
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  LESOTHO  
1 ECONOMIC ENVIRONMENT  
1.1 Main features of the economy  
 
Page 162, para 1.7.  According to the World Bank, Lesotho's poverty rate stood at 32.4% in 2017, 
down from 66.3% in 2002. However, 2021 projections point to an increase in poverty to 35.8%. The 
occurrence of various shocks such as the COVID -19 pandemic, and recurrent extreme weather 
conditions, appears to have reversed the trend in poverty reduction.  
 
Question №: 10 
What are the main policies for reducing poverty in Lesotho?  
Lesotho:  The National Strategic Development Plan 2018/19 – 2027/28. The goal is to increase 
the private sector lead job creation. These include increasing Agriculture production, agro 
processing and introduction of climate sensitive production methods.  
Furthermore, the National Trade Policy Framework provides a guideline for national efforts to 
reduce unemployment and poverty.  
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment regime  
 
Page 173, para 2 .24.  
By this law, in order to operate in Lesotho, all businesses (citizens and foreigners) must obtain a 
Business Identification Card. In addition, foreign businesses are required to hold a business permit 
to be authorized to engage in a business in Lesot ho. To obtain a business permit, a foreign business 
must submit a business plan which ascertains, inter alia, its minimum capital resource of no less 
than LSL 2 million its prospective employment generation (not less than six Lesotho citizens), the 
strateg ic nature of the business to the Lesotho economy, and a statement of technology transfer 
and the company's business expertise.  
 
Question №: 11 
Could you please provide more detailed information regarding the "statement of technology 
transfer "? Are there any requirements concerning the volume of technology transfer needed for a 
foreign business to obtain a business permit  to engage in a business in Lesotho ?  
Lesotho:  Technology or skill transfer: Both technology and skills transfer are crucial for 
development of businesses in various sectors in the economy.  
A lot of businesses are advancing because of the use of technology. Depending on the type of 
sector identified b y an investor it is Lesotho`s expectation that technology or skill 
used/acquired in that particular sector will be transferred to the local people to enhance their 
own businesses.  
In terms of requirements needed for the volume of technology will depend on the type or 
nature of the investment coming into the country. It is important that the local people benefit 
greatly from technology brought in by foreign investors. This will allow local investors to grow 
their businesses more efficiently and effectively.  
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.4 Tourism  
 
Page 207, para 4.109 .  
A National Tourism Master Plan was developed in 2019. It envisages seven strategic actions: (i) 
ensure an appropriate institutional and legal framework; (ii) improve visitors' experience; (iii) 
improve and expand the product base; (iv) provide the necessar y infrastructure; (v) marketing and 
branding of the destination; (vi) create a favourable business and investment climate, and (vii) 
ensure environmental and social sustainability.  
 WT/TPR/M/447/Add.1  
 
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  Question №: 12 
Could you please clarify whether there are any qu antitative or measurable objectives set by the 
National Tourism Master Plan?  
Since the Plan was developed in 2019, what objectives have been achieved so far and to what extent?  
 
Botswana: The National Tourism Master Plan was developed during the financial year 
2021/22. Tourism Master Plan has Strategic Objectives which are measurable. There are 
strategic objectives, their key performance indicators and sources of monitoring. The plan 
was rather developed in 2021/22. Implementation started last fin ancial year (2022/23) 
impact assessment has not yet been undertaken to assess achievements of the strategy.  
Lesotho:  There objectives and progress on implementation are detailed below:  
1. Appropriate institutional and legal framework  
• Reviewed the 2000 Nation al Tourism Policy and developed the 2020 National 
Tourism Policy – framework which provides guide for tourism development  
• Reviewed the 1989 Tourism Enterprises Act. Drafting of the Tourism Enterprises 
Bill in progress  
2. Improve visitor's experience  
• Conducted  Feasibility study for construction of the Tourism and Hospitality Facility 
in 2021 – skilled human resources to provide high quality tourism services  
(i) Concept plan for the construction of the facility has been approved by PSIC 
and awaiting financing  
3. Provide necessary infrastructure  
• Constructed and completed visitor information centres at Maseru and Semonkong 
2021 & 2022 respectively  
4. Create a favourable business and investment climate  
• Completed feasibility studies of opportunities for 6 priority Tou rism Development 
Areas in 2021  
 
NAMIBIA  
4 TRADE POLICIES BY SECTOR  
4.5 Services  
4.5.4 Tourism  
 
Page 268, para 4.109.   
The tourism sector is estimated to contribute about 15% to GDP and provides about 112,000 jobs 
directly or indirectly (15% of total employ ment).190 Namibia's core assets are wildlife and trophy 
hunting. Tourist arrivals had increased steadily until the tourism industry was hit by the border 
closures and lockdowns due to the COVID -19 pandemic (Table 4.10).  
 
Question №: 13 
Please cla rify whether the tourism sector in Namibia was able to fully recover after the COVID -19 
pandemic? What measures have been taken by the Government of Namibia in order to facilitate the 
recovery of its tourism sector after the pandemic?  
 
Namibia: Namibia's tourism recovery is still far from regaining the pre -Covid -19 status. 
However, tourist arrival numbers are on the increase since 2021. There has been an increase 
of 37.3%, compared to arrivals in 2020 and an increase 4.6% in 2022 tourism seasons 
compared t o 2021.  
In terms of the recovery plan, Namibia Tourism Board (NTB) has an Integrated Strategic 
Business Plan and a Marketing Strategy in place for domestic, regional and international 
markets. The domestic and regional marketing strategy campaign was launc hed in 2021.  
For the 2023 financial year, NTB embarked on the international marketing campaign by 
participating at travel and tourism trade fairs in central Europe; Germany, UK, France, Spain, 
and Indaba in South  Africa for regional tourist market.  
The Mi nistry of Environment, Forestry and Tourism, Namibia Tourism Board and private sector 
will continue to explore new potential tourist markets as contained in the Tourism Recovery 
Plan, and as seen recently by Namibia attending the second biggest 44th Touris m Trade Fair 
of Belgrade in Serbia from 23 to 26 February 2023.  
 WT/TPR/M/447/Add.1  
 
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  SOUTH AFRICA  
2 TRADE AND INVESTMENT REGIMES  
2.2 Trade policy formulation and objectives  
 
Page 291, para 2.6.   
Trade policy continues to be guided by the 2010 Trade Policy and Strategy Framework (TPSF), as 
revised in 2012, and by the 2021 Trade Policy for Industrial Development and Employment Growth. 
The main objectives of the former are to diversify South Africa's  economic base, as well as to seek 
the manufacture and the export of high value -added products. It recommends a "'strategic tariff 
policy' approach" with tariff policy being decided on a sector -by-sector basis. The Trade Policy for 
Industrial Development a nd Employment Growth is focused on supporting South Africa's industrial 
development and employment growth. It sees tariffs as a key instrument of industrial policy and 
emphasizes that the tariff regime needs to be "carefully calibrated to the specificities  of each sector". 
It indicates that South Africa will increase efforts to effectively deploy trade defence instruments 
against unfair and injurious imports and foresees a stronger role for the South African Revenue 
Service (SARS) in eliminating elicit trad e and addressing under -invoicing. The Policy promotes, for 
the first time, the implementation of measures to empower women and also stresses the importance 
of regional economic integration and expanded bilateral engagements.  
 
Question №: 14 
Could  you please elaborate what measures are envisioned by the Trade Policy for Industrial 
Development and Employment Growth regarding women 's empowerment?  
South  Africa:   
- Capacity building in business and financial training.  
- Networking forums on access to business and available opportunities.  
- Supporting women to access government incentives programmes.  
- Established the Sanitary Dignity Programme for women market accesses is in the entire 
value chain of manufacturing, packaging , storage, distribution and waste management.  
- Established the National Strategic Programme on Gender based Violence and Femicide.  
- Established the Gender Responsive Planning Budgeting Monitoring Evaluation and 
Auditing Framework.  
3 TRADE POLICIES AND PRACTI CES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.1 Incentives  
 
Page 304, para 3.43.   
Most incentives are administered by the DTIC and aim at, inter alia, encouraging innovation, 
promoting exports, attracting investment, and facilitating infrastructure development (Table A3.2).  
Question №: 15 
Could you please clarify in which economy sectors innovation is most needed/ encouraged?  
 
South  Africa:  The sectors specific needs are analysed and responded to in a strategic manner 
that ensures that the objectives are achieved.  
 
  WT/TPR/M/447/Add.1  
 
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  SINGAPORE  
PART I:  QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
Summary  
 
Page 4 (Para 7)  
 
1. The WTO Secretariat's Report notes that the SACU authorities indicated "taking steps towards 
the ratification of the Agreement on Fisheries Subsidies".  
 
Could the SACU Members share details of their domestic ratification processes, and the anticipated 
timelines for the completion of each of their processes to ratify the Agreement on Fisheries Subsidies?  
 
Botswana:  National consultations are undertaken sensitising and requesting for approval to 
ratify the Agreement from all relevant stakeholders including t he Attorney General Chambers, 
Inter-Ministerial Committee on Treaties, Conventions and Protocols and Cabinet.  
Processes are underway for Botswana to ratify the WTO Fisheries Subsidies Agreement by the 
Senior Officials Meeting scheduled for 23 to 24 October 2023.  
 
Eswatini:  Consultations are still ongoing with the relevant stakeholders, thereafter the 
Agreement wi ll be presented to the Attorney General's Office, Cabinet and ultimately 
Parliament. Following that the country has just concluded her national elections; with the 
coming in of new parliament the process should be concluded by December 2024.  
 
Lesotho: In the case of Lesotho, the process is at initial stages. National Stakeholder 
consultations are underway. It is not possible to provide clear timeline at this stage.  
 
Namibia:  The specific time will depend on the domestic processes of each SACU Member 
State. Member States have their own timelines target on the ratification processes.  
 
SINGAPORE – ADDITIONAL QUESTION  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Customs procedures and valuation  
 
Page 16 (paragraph 3.8)  
 
2. According to the WTO Secretariat's Report, the authorities have "identified key reasons behind 
the delayed harmonization of the customs procedures as the lack of common regional systems to 
manage cross -border trade flows, limited collaboration, administrat ive inefficiencies, inadequate soft 
and hard infrastructure, and lack of regional performance measurement systems".  
 
Could the SACU Members share which initiatives and measures they are planning to take to address 
some of the reasons behind the delayed ha rmonization of the customs procedures?  
 
Botswana:  
1. IT Connectivity  
✓ Regional IT Connectivity and information exchange framework developed and 
implemented in SACU Customs Administrations by the end of 2018  
✓ SACU Customs Administrations have adequate legislati ve provisions to enable IT 
Connectivity, Data Exchange by the end of 2018  
2. Trade Partnerships (AEO Program)  
✓ A Regional Preferred Trader Programme scheme established by the end of 2018. 
Transitional to AEO Program  
✓ Engagement between Customs and the Trading Community has been enhanced at 
both regional and national levels by the end of 2018 and mutual administrati ve 
arrangement has been signed by all SACU states in 2023  
3. Risk Management and Enforcement  
✓ The SACU Member Administrations have enhanced their capacities to carry out 
regional Customs Risk Management and enforcement operations by the end of 2018  
4. Legislativ e Reform  WT/TPR/M/447/Add.1  
 
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  ✓ The SACU Member Administrations have adequate legislative environment to enable 
IT connectivity, Preferred Trader Programme, and Risk Management by the end of 
2018 
 
Eswatini:  Eswatini has committed to be among the piloting countries for developing  the 
concept and further piloting the Single declaration initiative. This is one of the major work 
programs that have been prioritised by SACU that is to build upon the implementation of IT 
Connectivity to progress towards adopting a model for a single dec laration for the region. This 
work is pursued to improve on Customs Cooperation under the regional programme addressing 
Trade Facilitation and Logistics (which now incorporates initiatives that previously were in the 
Customs Modernization Programme).  
 
Eswatini has also engaged with counterparts in RSA to undertake joint initiatives which will 
provide information to ascertain areas for harmonization in order to minimize delays during 
border clearance. The two countries will undertake a joint Time Release Stu dy (TRS) that will 
provide baseline information against which to assess resultant improvements upon execution 
of the joint work programs.  
 
SACU:  The SACU Trade Facilitation and Logistics Programme will be implemented through 
three Key Projects that contain s targeted solutions and initiatives to address the identified 
gaps. These are: (i)  Trade Digitalization and Digital Transformation Project; (ii)  Risk 
Management, Compliance and Enforcement Project; and (iii)  Infrastructure Development 
Project. The Project s will be supported and complemented by the key components that are 
inclusive of Capacity -Building, Gender Mainstreaming, Legal and Policy Frameworks, and 
Operational Resilience. All projects to be pursued will incorporate Small, Micro, and Medium 
Enterpri ses (SMMEs) to ensure they benefit from the trade facilitation and logistics 
programme.  
  WT/TPR/M/447/Add.1  
 
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  SWITZERLAND  
1. Report from the Secretariat SACU  
 
According to the 3.2 section on the Rules of origin:  
• Does SACU have in place a system to monitor the use of trade preferences granted in the 
context of its various free trade agreements? If yes, could you please explain the result. If no, do 
you have plans to establish a monitoring system?  
 
SACU:  SACU currently does not have a monitoring system for various FTAs and pl ans are 
underway to develop a monitoring system in the future, depending on availability of resources.  
 
• Table 3.4 on page 30 (WT/TPR/S/447) lists the tariff lines where the applied MFN rates by 
SACU might be higher than their bound level (year 2023). First , could you please explain the reasons 
for this incompliance by SACU members with their binding commitments? Second, do SACU members 
consider remedying the situation? If yes, what would be the timeline for such process?  
 
• On page 31 (WT/TPR/S/447) paragraph  3.25 it is stated that the tariff quota allocation under 
preferential agreements is different under preferential agreements than under the MFN regime. Could 
you briefly explain what different tariff quota allocation systems you have in place (i.e., first come 
first served, auctioning) and if the administration is available online. If certain tariff quotas are 
auctioned off, how are the proceeds treated (enter government budget or considered as tariff 
revenue)? Do you have any domestic performance (local co ntent) requirements in place that provide 
for the right to import under a tariff quota?   
 
SACU:  SACU has entered into different preferential trade agreements, and each country has 
its own administrative system.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE - 3.3 Tariffs and other charges 
(page  26 – paragraph 3.13)  
 
According to paragraph 3.13 the Tariff Board at the regional level has not yet been established.  
• Could the SACU members indicate what is the timeline foreseen for this establishment?  
 
SACU:  There is no specific timeline set as yet. The operationalization has in accordance with 
the SACU Strategic Plan 2022 -27 to be considered during the mid -term review of the SACU 
Strategic Plan.  
 
According to the 3.3 section on Tariffs (until 3.3.6):  
• On pag e 27 (WT/TPR/S/447) paragraph 3.15. it is stated that formula duties are applied to 
protect local industries against lower international prices. At what frequency are prices reviewed and 
adjusted if necessary? Do you meet the 90 -day publication deadline se t in the 2013 Bali decision? 
Do you consider other policy measures that would have the same result?  
 
South  Africa : Formula duties are generally applied in terms of the variable tariff formula for 
wheat, sugar and maize, which levels are revised once the co nditions for a duty trigger have 
been met. Adjustments to the level of protection are based on quantum movements in the 
applicable world reference price. The variable tariff formula is deemed to better suit the 
circumstances surrounding the production and trade of sugar, wheat and maize when 
compared to the normal ad valorem import duties that are in place for most other products. 
The variable tariff formula provides a swift tariff -based response, which is appropriate for 
commodities such as sugar due to th e high frequency of variations in the price of this 
commodity.  
 
SACU:  Formula duties are generally applied in terms of the variable tariff formula for wheat, 
sugar and maize, which levels are revised once the conditions for a duty trigger have been 
met. Ad justments to the level of protection are based on quantum movements in the applicable 
world reference price. The variable tariff formula is deemed to better suit the circumstances 
surrounding the production and trade of sugar, wheat and maize when compared  to the normal 
ad valorem import duties that are in place for most other products. The variable tariff formula 
provides a swift tariff -based response, which is appropriate for commodities such as sugar due 
to the high frequency of variations in the price o f this commodity.  WT/TPR/M/447/Add.1  
 
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3 TRADE POLICIES AND PRACTICES BY MEASURE - 3.3 Tariffs and other charges – 3.3.2 
Bindings (page 29 -paragraph 3.20 and table 3.4)  
According to paragraph 3.20 all tariff bindings are ad valorem, whereas some applied tariffs are non -
ad valorem. This situation does not ensure compliance by SACU members with their binding 
commitments since fluctuations of import prices may result in high er applied rates than the 
corresponding bound levels.  
• How and which measures or policies do SACU members have in place or foresee to implement 
in order to ensure that the NFM applied rates are not higher than their bound rates?  
 
SACU:  The levels of duty are capped at the WTO bound rates.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE - 3.3 Tariffs and other charges – 3.3.4 
Excise duties (page 32 – paragraph 3.27)  
Paragraph 3.27 indicates that several products were added to the list of prod ucts subject to excise 
duties, i.e., automated data processing machines and units thereof.  
• As computers are essential in the digital world of today and in allowing the participation of the 
domestic stakeholders involved in exporting and importing, what is the rationale to subject 
computers to an excise duty of 9% and thus increase the costs for the domestic stakeholders?  
 
SACU:  The computers subjected to ad valorem excise duties are limited to those having a 
screen with any side exceeding 45 cm. The compute rs that are mostly used in conducting 
business for example laptops, tablets and note pads fall out of this scope as the screens are 
below this threshold. The rationale behind the ad valorem excise duty on this particular screen 
size is to level the playing  field when it comes to smart technology. Television receivers are 
also subject to ad valorem excise duties but some of these television receivers are so 
integrated with computer technology that they are classified as such.  
 
2. Report on South Africa  
Para 1.4: 
 
Switzerland  welcomes the carbon tax at ZAR 120 (EUR 6.5) per tonne of CO2 equivalent emission. 
Does South Africa foresee any increase in this regard as the comment from the OECD in the report 
is as follows "the carbon tax rate is considered relatively l ow by the OECD, which also suggested to 
increase carbon pricing progressively and reduce exemptions? " Are the exemptions mentioned in the 
same paragraph and the carbon tax of a temporary nature (see footnote 13)?  
 
South  Africa:  The Carbon Tax Act came into  effect on 1 June 2019. In Budget 2022/23 the 
National Treasury extended the first phase of the carbon tax from 31 December 2022 to 31 
December 2025.  
 
The tax rate trajectory from 2023 to 2030 was announced as part of the Budget 2022/23 tax 
proposals, wit h increased tax rates to strengthen the price signals under the carbon tax. 
Following the consultation process, the tax rates have been legislated through the Tax Laws 
Amendment Act of 2022.  
 
The National Treasury has committed to publish a review of the carbon tax in 2023, which 
would outline possible design options for the carbon tax in the second phase. The review would 
consider the treatment of tax -free allowances, exemptions, and the mitigation of any 
distributional impacts of the carbon tax.  
 
Para. 2.19  
Despite the openness of the South African authorities to support Swiss companies in complying with 
the BBB -EE, we underline that its implementation remains a challenge. Swiss companies are having 
to rely on an industry of advisors that has develope d in South Africa, which then help them 
understand the framework and its compliance. This endures external costs, and skilled advisors are 
not easy to come by. Are there plans to increase the support to the private sector specifically for 
BBB-EE compliance ? 
 
South  Africa:  Companies operating in South Africa whether foreign or locally owned are 
treated the same in terms of the Broad Based Black Economic Empowerment (B -BBEE) 
requirements. The requirements are condensed and measured according to five pillars, WT/TPR/M/447/Add.1  
 
- 86 - 
 
  namely, Ownership, Management Control, Skills development, Enterprise and Supplier 
development, as well as Socio Economic Development. The only exception is with regard to 
instances where a foreign company cannot effect a direct equity interest by black So uth 
Africans. One such instance is where a multinational company is unable to sell equity in a local 
subsidiary.  
 
To deal with this specific instance, the B -BBEE Codes of Good Practice provides for an Equity 
Equivalent Investment Programme in lieu of dire ct equity. The Equity Equivalent contributions 
count towards the ownership element of B -BBEE made by Multinationals. Equity Equivalent 
programmes must promote and advance the following critical areas: Enterprise and Supplier 
Development; Research and Devel opment; and Critical and core Skills. Overall an Equity 
Equivalent programme must promotes Socio -Economic advancement and development within 
the South African Economy. In order to deepen the understanding of these requirements, 
educational sessions are con tinuously being held with multinationals and foreign chambers.  
 
Para 2.23  
Switzerland has seen, alongside other countries in Europe listed in para 2.24, its Bilateral Investment 
Treaty (BIT) with South Africa terminated by South Africa in 2014. Since 2018,  investments in South 
Africa have been protected through the national Protection of Investment Act. This act indicates that 
new BITs will be subject to the South Africa Constitution and national legislation. South Africa has 
communicated that the drafting of a model BIT is underway. When will this BIT draft be made public? 
Will it be published for public comments?  
 
South  Africa:  As a point of clarity, all new investment is protected in terms of the Investment 
Act. The Act achieves a balance between the righ ts and obligations of investors and of 
Government, and clarifies standards of protection for investors by setting out provisions 
ordinarily found in BITs in a manner that is consistent with SA 's Constitution and existing legal 
framework.  
South Africa The model BIT will be subject to inter -departmental discussion and submitted to 
Cabinet for consideration whereafter it will be gazette for public comment.  
 
3.1.2 Import prohibitions, and licensing  
On page 299, table 3.1 lists goods that are subject to import  control measures under ITAC regulations 
(year, 2023). Among others, goods from the metal working machinery sector (HS 84) such as scrap 
metals that are very important for the circular economy and the energy transition are monitored to 
prevent stolen infra structure. Do you consider other measures to reach the same result that would 
not distort trade?  
 
South  Africa : Certain scrap and waste metals are currently subject to export control. The 
objective of the measure has been to counteract the ongoing signifi cant and widespread 
destruction of public infrastructure. Other measures were considered, but were deemed 
insufficient in light of the origin and nature of the problem. The measure is reviewed 
periodically to ensure that it is appropriately targeted and is  again coming up for review in 
December 2023.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE - 3.1 Measures directly affecting imports 
- 3.1.2 Import prohibitions, restrictions, and licensing (page 299 and 300 – paragraph 
3.20)  
According to paragraph 3.20, if  tariff quotas are not providing any advantages to importers, the 
Department of Agriculture does not open these items. In addition, the average fill ratio has dropped 
significantly since 2017.  
• Could South Africa provide information as to which advantages the tariff quotas should bring 
to the importers?  
• Could South Africa provide the reasons for the drop in the fill ratio of the tariff quotas since 
2017?  
 
3.2 Measures directly affecting exports - 3.2.2 Export taxes, charges, and levies (page 300 
– paragraph 3.24)  
Paragraph 3.24 indicates that the export tax on unpolished diamonds aims to encourage local 
processing, develop skills and create jobs.  
• Could South Africa explain whether these goals have been reached?  
• How can an export tax develop s kills? WT/TPR/M/447/Add.1  
 
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South  Africa:  The process of achieving the aims and objective is ongoing, the export tax 
promotes the development of the local economy by encouraging the local diamond industry to 
process (cut, polish etc.).  
 
3.2 Measures directly affecting exports  - 3.2.2 Export taxes, charges, and levies (page 300 
– paragraph 3.25)  
According to paragraph 3.25 an export tax on scrap metals was introduced in August 2021 with a 
view to improving the availability and quality of scrap metal at "affordable " prices for f oundries and 
mills in the domestic market.  
• Could South Africa indicate whether these goals have been fulfilled?  
 
South  Africa:  To date, there has been no assessment of the impact of the export tax on 
availability and quality of scrap metal for foundries an d mills in the domestic market. However, 
such an assessment may be undertaken in the future.  
 
3.2 Measures directly affecting exports – 3.2.3 Export prohibitions, restrictions, and 
licensing (page 300 – paragraph 3.27)  
According to paragraph 3.27 South Africa implemented in November 2022 a temporary export 
prohibition on ferrous and non -ferrous met al waste, scrap, and semi -finished ferrous and non -ferrous 
metal products. This export prohibition has been extended for another 6 months, i.e., until the end 
of November 2023.  
• Could South Africa confirm that the temporary export ban has been extended onl y for ferrous 
waste and scrap (HS 7204), excluding HS 7204.21 and for copper waste and scrap (HS7404.00)?  
• Could South Africa confirm that this temporary export ban will not be extended beyond 
November 2023?  
 
South  Africa:  The initial export prohibition was implemented for a temporary period of six 
months from 30 November 2022 to 30 May 2023 on the exportation of:  
• Copper waste and scrap of tariff subheading 7404.00, and;  
• Ferrous waste and scrap, remelting scrap ingots of iron or steel exce pt for (i) waste and 
scrap of stainless steel and (ii)  ferrous waste and scrap generated in the ordinary course of 
business as a by -product of a manufacturing process of tariff heading 72.04 (excluding 
7204.21).  
 
Besides the above -mentioned exemption on th e exportation of stainless steel scrap of tariff 
subheading 7204.21, ferrous scrap metal generated as a by -product in the ordinary course of 
a manufacturing process, such as off cuts, shavings, borings, etc., that are generally classified 
under various tar iff sub -headings under chapter 72.04 have also been exempted. The above 
export prohibition expired on 30 May 2023.  
 
The export prohibition for the same scrap metal has, however, been re -introduced for another 
temporary period from 15 June 2023 to 15 Decemb er 2023.  
 
Para 3.8:  
Switzerland is engaged internationally and nationally in tackling plastic pollution and welcomes the 
"Environmental levies on plastic carriers and flat bags ". Could South Africa elaborate on this measure 
and what type of plastic does it  include exactly and whether South Africa foresees to add other types 
of plastics in the future or any other measure?  
 
South Africa: Firstly, the intention of the regulation is to restrict the production of non -
reusable plastic shopping bags and to promote  re-use and recycling.  
The Environmental Levy Items 147.01.01/3923.07. "Carrier bags, with a thickness of 24 
microns or more ", 147.01.03/3923.17. "Flat bags, with a thickness of 24 microns or more 
(excluding immediate packings, zip -lock bags and household ba gs including refuse bags and 
refuse bin liners) ",147.01.05/3923.40. "Carrier bags, of other thermoplastic materials, with a 
thickness of 24 microns or more ", and 147.01.07/3923.29.50 "Flat bags, of other 
thermoplastic materials, with a thickness of 24 microns or more (excluding immediate 
packings, zip -lock bags and household bags including refuse bags and refuse bin liners)  
Manufacturing of plastic bags:  
(i) Prohibited - Carrier and flat bags, except those mentioned in paragraph (iii) below, 
of less than 24  microns may be manufactured locally.  WT/TPR/M/447/Add.1  
 
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  (ii) Restricted - The manufacture of carrier bags and flat bags for consumption in South 
Africa (SA) is restricted to bags with a thickness of more than 24 microns and which 
comply with the South  African Bureau of Standard s (SABS) printing requirements 
(Schedule 1 Part 3A – Subheadings 3923.21.07, 3923.21.17, 3923.29.40 and 
3923.29.50) are restricted.  
(iii) Allowed - 
a) The under -mentioned plastic bags have no restrictions with regards to micron 
specifications when manufactured locally:  
I. Bread Bags;  
II. Refuse bags;  
III. Bin liners;  
IV. Household plastic bags;  
V. Primary packaging (e.g. barrier bags which is defined as a thin or flimsy 
bag, used to separate incompatible products at the final point of sale, for 
health, hygiene or tran sport purposes); and  
VI. Plastic bags for export.  
b) The only plastic bags subject to the levy that are allowed on the local market 
are those which are manufactured to the specific legislative requirements of 
material, thickness, printing, use and design as descr ibed in Schedule 1 Part 3A 
– Subheadings 3923.21.07, 3923.21.17, 3923.29.40 and 3923.29.50.  
 
2. Amendments to the Plastic Carrier Bags and Plastic Flat Bags Regulations were gazetted by 
Forestry, Fisheries and the Environment Minister Barbara Creecy on Apr il 7 2021, in terms of 
the National Environmental Management Act and the National Environmental Management: 
Waste Act.  
The amendments focused on promoting a circular economy and ensuring circularity by 
prescribing the design through setting minimum recycle d content in a phased manner starting 
2023 until 2027. Accordingly, plastic carrier bags and plastic flat bags must be made from a 
minimum of 50% post -consumer recyclate from 1 January 2023, 75% of recycled materials 
from the start of 2025 and must compris e 100% post -consumer recyclate from 1 January 
2027.  
Lastly, on the question of whether other types of plastics might be added in future or any 
other measure. Such determination is yet to made depending on what plastics treaty 
deem/classify as material of c oncern. The deliberations are still unfolding.  
 
Paras 3.87 – 3.90 
Swiss companies face difficulties with regard to the public procurement system in South Africa due 
to its fragmented rules and sometimes lack of transparency. South Africa has reacted throug h the 
drafting of a Public Procurement Bill to address these issues. Switzerland provided comments at the 
time (May 2020). When can we expect de Draft Procurement Bill to be submitted to Parliament?  
 
South Africa:  The South African government does not hav e a policy of directly restricting 
foreign companies from participating in Public Procurement tenders. The local content policy 
is applied on the product, which must be manufactured or assembled in South Africa at a 
specified minimum threshold of productio n. All bidders, whether for foreign or local, 
manufacturing or non -manufacturing are required to supply designated products which must 
be manufactured within the borders of South Africa. European companies such Alstom and 
Siemens do participate in tenders designated for local content because they do manufacture 
and assemble products within the borders of South Africa.  
 
In response to the Constitutional Court judgment on the 2017 Preferential Procurement 
Regulations (PPRs) and in terms of the 2022 PPRs, loca l content is no longer a compulsory 
requirement under the current procurement regime; each organ of state is empowered 
determine its own Preferential Procurement Policy. The 2022 PPRs allow organs of state to use 
specific goals and the Reconstruction and D evelopment Programme (RDP) goals to support 
the procurement of locally manufactured products in their tenders. Preferential points will be 
allocated for that purpose. The Public Procurement Bill, currently being considered by 
Parliament makes provisions fo r the procurement of goods that are produced and services 
provided in the Republic; including procurement which is developmental in nature.  
 WT/TPR/M/447/Add.1  
 
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  Para 3.94 – 3.95 
Swiss companies have raised concerns over the IP policy framework in South Africa, fearing that it  
would lower the current level of protection. Specifically, the Copyright Amendment Bill and the 
national IP policy uncertainty of the new IP laws could be possible deterrents to Swiss companies. 
Can South Africa provide us with a timeline for the implemen tation of the second phase of the new 
IP policies?  
 
Para 4.3 on Manufacturing  
Table 4.2 on page 331 contains an overview of the manufacturing incentive schemes in place in 
2022. Could you please explain how these incentive schemes relate to local content requirements?  
 
South Africa:  The incentives comprises different policies for d ifferent purposes.  
 
Para 4.54  
Electricity generation is a major concern across all industries in South Africa and we recognized the 
efforts being made to address the energy crisis. In the paragraph, it is mentioned that South Africa 
aims for universal acce ss to electricity by 2025.  
Can we expect this goal to be reached?  
 
South  Africa:  Universal access to electricity depends on a number of factors including but not 
limited to adequate funding for capital projects, implementation in line with the master plan , 
skills transfer and training.  
 
  WT/TPR/M/447/Add.1  
 
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  THAILAND  
WT/TPR/S/447 - Eswatini  
Page 132  
Para 3.4  
1. After release of goods, could Customs official apply post - clearance audit to import declaration 
in green, red or yellow channel?  
2. What is the time duration for post - clearance audit in accordance with the Customs laws?  
 
WT/TPR/S/447  
Table 3.2 Structure of SACU applied MFN tariffs, 2015 and 2023  
Page 28  
1. With reference to table 3.2 on page 28 of the document WT/TPR/S/447, Thailand noted that 
South Africa is the only SACU country which notified to the WTO that it continues to apply tariff 
quotas on 53 types of agricultural products. In this regard, please confirm whether any other member 
countries apply tariff rate quotas on agricultural products and provide m ore information should the 
tariff rate quotas be applied.  
 
Eswatini:  Eswatini does not apply tariff rate quotas as defined by the application of the rate 
quotas. The country allows  importers to negotiate quotas and apply for an annual import quota 
for spec ific agricultural products. Once the annual quota is exceeded then products are subject 
to import duty which otherwise is not imposed on the product. Also, there are countries allowed 
where the rebate is applying . Below is the list of the agricultural prod ucts: 
i. Rebate on milk products under Tariff Code 04.02 (Lactalis) which includes full cream 
milk powder (164MT), milk powder (100MT) and whey powder (100MT).  
The countries of origin where the rebate is applied for dairy products are New  Zealand, 
Canada, Bel gium, Brazil, Uruguay, Ukraine, Ireland, France, Bonneville, South  Africa – 
Western Cape and Netherlands.  
ii. Wheat (120MT of - tariff head 460.02. The countries of origin where the rebate is applied 
for wheat are Canada, USA, Argentina, EU, Ukraine, Australi a, the Russian Federation, 
Germany, Poland and Lithuania.  
 
Lesotho:  Lesotho does not maintain TRQs in the WTO, however, there are currently TRQs 
under some Regional Trade Agreements such as the SADC - EU Economic Partnership 
Agreement and that between SACU,  Mozambique and UK.  
 
WT/TPR/S/447  
Page 334  
Para 4.78  
1. To what extend does South Africa foresees that digital banking services will attract/benefit 
those who currently have no access to any traditional financial services in South Africa? Will the 
digital banking help reduce the number of unbanked population in South Africa?  
2. What are the e -commerce trends in South Africa and between South Africa and other SACU 
members as more people, particularly in South Africa, can access to financial/banking services?  Does 
it support or facilitate the flow of e -commerce transactions in SACU?  
3. Could South Africa clarify whether they have any market access conditions or limitations on 
the foreign supply of digital banking services in South Africa?  
 
THAILAND – ADDITIONA L QUESTIONS  
Document  WT/TPR/S/447 • Botswana Section  4.4.1  Telecommunications, para 4.56 Page  97 and para 
4.65 Page  99 
Question  
1. Referring to para 4.56 concerning state -owned enterprises which states that "… (BoFiNet),  
a wholesale provider of telecommunications infrastructure, responsible for improving broadband 
penetration."  
1.1 what is the current update  on broadband penetration in Botswana?  
1.2 Can it be concluded, referring to Table 4.6 Selected telecom indicators,  2015-22, that the 
penetration rate for broadband internet access of Botswana is based on the use of mobile -broadband 
rather than fixed -broadband?  WT/TPR/M/447/Add.1  
 
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  2. Referring to para 4.65 concerning broadcasting transmission which states that "Botswana has 
migrated all broadcasting services from analogue to digital transmission and switched off all but one 
analogue transmitter."  
2.1 Is there any significant implic ation for such one analogue transmitter remaining?  
3. Has Botswana considered the use of Satellite transmission for telecommunications and 
broadcasting services?  
 
Document  WT/TPR/S/447  • Eswatini  Section 4.5.3  Telecommunications  and Postal 
Services, para 4.63 Page 151  
 
Question  
1. Does Eswatini has types of licenses? For example, Botswana categorizes license into 3 types:  
a. Network Facilities Provider License (NFP);  
b. Services and Application Provider (SAP) and;  
c. Content Service Provider License (CSP)  
2. If so, please elaborate  what they are.  
3. If so, does 10 -year license period apply to all types of licenses?  
 
Eswatini:  Eswatini has two (2) license categories, namely; Individual Licences – These include 
the provision of electronic communications servi ces and electronic network services. It is 
issued for ten (10) years. Broadcasting Licenses and Postal licences fall within this category.  
1. General Licences – These are divided into the following:  
a. General Licences for electronic communications service s that do not require the use 
of numbering resources; - issued for five (5) years.  
b. General Licences for the importation, distribution or sale of electronic 
communications equipment; or – issued for three (3) years.  
c. General Licences for the installati on and maintenance of electronic communications 
equipment – issued for three (3) years.  
d. Courier Licenses fall within this category – issued for five (5) years  
 
Document  WT/TPR/S /447 • Lesotho Section  4.5.2 Telecommunications  Services, para 4. 82 Page  264 
Question  
1. Are there different types of licenses? If there are, please elaborate.  
2. Is there a license period for each type of licenses? Please elaborate.  
 
Document WT/TPR/S/447  
• Namibia Section 4.4.2 Telecommunications and Postal Services, para 4.81 Page 204  
Background  
According to:  
1. the end of para 4.82, it is stated that "…, Namibia had ended up with a virtual state -owned 
monopoly in mobile telephony."; and  
2. para 4.83 stated among the mobile netw ork operators; (a) Telekom Namibia (b) Mobile 
Telecommunications Namibia (MTC) and (c) Paratus Namibia (enter 2014)  
3. para 4.83 also stated that while 97% of mobile infrastructure owned by (a) Telecom Namibia and 
(b) MTC, MTC's market share is close to 10 0% for both voice and SMS traffic.  
 
Question  
1. How many state -owned telecom providers there are? are both Telekom Namibia and MTC both 
state-owned enterprises? Please elaborate.  
 
Namibia:  Namibia has two national mobile operators, namely Mobile Telecommun ications Ltd 
(MTC and Telecom Namibia (TN Mobile). The shareholder of both the companies is Namibia 
Post Telecommunications Holdings (NPTH). NPTH 100% owned by the state and therefore the 
state has a monopoly in the mobile market.  
Paratus Telecommunication s is a fairly new organization whose main business is fiber. Paratus 
provides limited mobile services in a few towns in Namibia and has a very small market share.  
MTC was the first entrant for mobile services in Namibia and has the largest market share, 
83% of all mobile customers. This results in MTC having most of the mobile traffic since the 
bulk of the SMS and voice tarrif is on -net 
 
2. What is the exact percentage for mobile infrastructure owned by Telekom Namibia?  
 WT/TPR/M/447/Add.1  
 
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  Namibia:  In 2022, the state had infl uence over 88% of the assets within the ICT sector and 
83% of the sector 's total revenues.  
 
In 2022, the total assets of MTC accounted for 73% while Telecom Namibia holds 24% of the 
Assets.  
 
Document  WT/TPR/S/447  •  
Namibia Section  4.4.2 Telecommunications  Services, para 4. 87 Page 337 
Background  
According to:  
1. para 4.87 stated "There are two categories of license: individual licenses, …; and class licenses…"  
2. the end of para 4.87 stated "However, operators may buy an existing individua l network license 
subject to prior approval."  
Question  
1. Can it be concluded that the operators who want to operate telecommunications business, without 
its own infrastructure, following the concept of technology neutrality under Electronic 
Communications Act, must apply for either one of these licenses? (Individual or Class Licenses)  
2. According to the statement at the end of para 4.87, does it mean that the licensed operator can 
be approached by other operators to purchase the existing ind ividual network license before applying 
for approval from DCDT? Or is there any official process of such purchase?  
  WT/TPR/M/447/Add.1  
 
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  UKRAINE  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/447)  
 
2 COMMON REGIME  
2.3 Participation in the WTO  
Page 17 (Para 2.10)   
The Report notes that all SACU members are WTO Members in their individual capacities and accord 
at least MFN treatment to all WTO Members.  In South Africa 's trade policy statement, released in 
2021, its approach to ongoing discussions on WTO reform was elaborated, with emphasis  on the 
principles of  inclusivity and development. In particular, it stated that "The keys to the legitimacy and 
sustainability of the WTO lie in its ability to advance developmental interests of developing countries 
that will constitute new sources of global growth and prosperity in the world economy. Meeting this 
challenge will serve to strengthen the multilateral, rules -based trading system, enhance its 
legitimacy and also create the basis for economic growth from whic h all WTO Members can benefit ".  
 
Question:  
1. Ukraine highly values the SACU member States ' active engagement in the negotiations on the 
WTO reform and would appreciate it if the SACU member States could kindly clarify their vision of 
the development issu es' place in the key reform directions, such as DSB reform, modernization of 
the Organization 's negotiation function, enhancement of the effectiveness of the WTO working 
bodies?  
 
SACU : The SACU position is articulated through their positions advanced by th e African Group, 
the ACP and the G90.  
 
2.4 Regional trade agreements  
Page 17 (Para 2.13)  
The Report informs, "Pursuant to Article 31 of the 2002 SACU Agreement, no SACU member can 
negotiate or amend a trade agreement without consent from the other members. An annex 
establishing a Common Negotiating Mechanism (CNM) has not yet entered into force ". 
 
Questions:  
2. Ukraine would appreciate it if the SACU member States could kindly elaborate further on the state 
of play in the operation of a Common Negot iating Mechanism and inform more about ongoing 
negotiations regarding conclusion of new RTAs?  
 
SACU:  The unified engagement by the SACU Member States in the negotiations with third 
parties remains one of the strategic objectives of SACU in order to preserve the integrity of 
the Customs Union in accordance with Article  31 of the SACU Agreement. In pursuance of 
Article  31 (2) of the SACU Agreement, the SACU Council adopted an Annex  to the SACU 
Agreement on the Common Negotiating Mechanism. Notwithstand ing that the Annex  has not 
entered into force, the objectives and negotiating principles provided for in the Annex  on the 
CNM, guide all negotiations that SACU Member States enter into with third parties.  
 
3. Are there any feasibility studies considered to  be held by the SACU member States to assess the 
necessity of granting preferential tariff treatment to agricultural imports originating in the third 
trading partners, in order to tackle the issue of food security in Africa? If it is the case, please, 
provide more information.  
 
SACU:  No. 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3.1 Applied MFN tariffs  
Page 27 (Para 3.15)  
According to the Report, "Two types of specific duties are applied. Type 1 is expressed in rands per 
unit (kilo, litre, etc.). It applies to, inter alia, fish and fish products, alcoholic beverages, vegetables, 
and nut products. Type 2 specific duties are identical to those of Type  1, except that they are changed 
on the basis of a difference between the moving average of an international settlement price and an 
established domestic price. They apply to maize, wheat, and sugar. Mixed duties apply to meat, 
dairy products, footwear, an d fish products. Formula duties remain on five categories of products: 
corn flour, other tomatoes, cherries, and two types of tobacco. Formula duties aim at ensuring that WT/TPR/M/447/Add.1  
 
- 94 - 
 
  import prices be at least equal (i.e. higher or equal) to the reference price set by the authorities for 
each category of product. The ultimate objective is to protect local industries against lower 
international prices. As their name indicates, formula duties are based on a formula that makes them 
inversely proportional to import prices ".  
 
Questions:  
4. Would the SACU member States explain, please, the reasons for the complication of the SACU 
tariff regime by introducing conditions under which some specific duties are defined based on price 
difference?  
 
South  Africa:  The aim of the curren t variable tariff formula is to ensure that Southern African 
Customs Union (SACU) producers are placed on a competitive footing relative to their 
international counterparts whilst being mindful of producers ' costs as well as of the 
downstream price impact.  The variable tariff formula is deemed to better suit the 
circumstances surrounding the production and trade of sugar, wheat and maize when 
compared to the normal ad valorem import duties that are in place for most other products. 
The variable tariff formu la provides a swift tariff -based response, which is appropriate for 
commodities such as sugar due to the high frequency of variations in the price of this 
commodity.  
 
SACU:  The aim of the current variable tariff formula is to ensure that Southern African 
Customs Union (SACU) producers are placed on a competitive footing relative to their 
international counterparts whilst being mindful of producers ' costs as well as of the 
downstream price impact. The variable tariff formula is deemed to better suit the 
circumstances surrounding the production and trade of sugar, wheat and maize when 
compared to the normal ad valorem import duties that are in place for most other products. 
The variable tariff formula provides a swift tariff -based response, which is appropriat e for 
commodities such as sugar due to the high frequency of variations in the price of this 
commodity.  
 
5. What was the impact of such changes in trade policy on local industries and economic 
performance?  
 
South  Africa: The International Trade Administration Commission is the body tasked with 
regulating (amending) import duties in the SACU. The amendment of duties is based on 
investigations conducted by the Commission. For variable tariff formula duties for sugar, wheat 
and maize, the Commission  originally conducted investigations to determine the conditions 
surrounding the imposition and amendment of such duties. Currently, however, the 
amendment of these duties are triggered automatically if specifically prescribed conditions 
have been met. The  Commission also conducts impact assessments to determine the economic 
impact of duties. To date, the Commission has not conducted such an assessment on the 
variable tariff formulas for sugar, wheat and maize.  
 
SACU:  The International Trade Administration Commission is the body tasked with regulating 
(amending) import duties in the SACU. The amendment of duties is based on investigations 
conducted by the Commission. For variable tariff formula duties for sugar, wheat and maize, 
the Commission originally con ducted investigations to determine the conditions surrounding 
the imposition and amendment of such duties. Currently, however, the amendment of these 
duties are triggered automatically if specifically prescribed conditions have been met. The 
Commission als o conducts impact assessments to determine the economic impact of duties. 
To date, the Commission has not conducted such an assessment on the variable tariff formulas 
for sugar, wheat and maize.  
 
6. What measures are being taken by the SACU member States t o ensure compliance with their 
individual binding WTO commitments if fluctuations of import prices result in higher applied rates 
than the corresponding bound levels?  
 
South  Africa:  The levels of duty are capped at the WTO bound rates.  
 
SACU:  The levels of duty are capped at the WTO bound rates.  
 WT/TPR/M/447/Add.1  
 
- 95 - 
 
  7. What are the SACU member States ' plans concerning the ease of their tariff regime and reduction 
of tariff rates, particularly applied to agricultural products, for instance, such as poultry meat, sweet 
corn, dairy products etc.?  
 
South  Africa:  Industrial and agricultural policy objective s will guide easing of the tariff 
regime. Administratively, any easing (change) of customs duties will require an investigation 
by the Commission.  
 
SACU:  Industrial and agricultural policy objectives of the SACU Member States will guide 
easing of the tarif f regime. Administratively, any easing (change) of customs duties will require 
an investigation by the Commission.  
 
ANNEX 1: BOTSWANA  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.3 Sanitary and phytosanitary req uirements  
Page 77 (Para 3.61)  
Under the Report, "The Diseases of Animals Act regulates animal disease prevention and control. 
Import (or export) permits from the Department of Veterinary Services are required for the 
importation (or exportation) of animal s and animal products ". 
 
Question:  
8. Would Botswana describe in more details, please, what requirements and procedures are 
necessary to be performed by Ukraine for exportation of poultry meat, products thereof and 
processed meat products from Ukraine to B otswana?  
 
Botswana:  For importation of poultry and poultry products into Botswana, the importer has 
to make an application to the authorised officer for an import permit. The licencing procedure 
will also include a sanitary permit from the SPS competent authority that outlines all the 
sanitary requirements that the exporting country has to meet.  
 
PART II: QUESTIONS REGARDING THE REPORT BY SOUTHERN AFRICAN CUSTOMS UNION 
(SACU) (WT/TPR/G/447)  
 
SOUTHERN AFRICAN CUSTOMS UNION  
1 INTRODUCTION  
1.7 The SACU Strategic Plan 2022 -2027  
Page 8 (Para 1.21)  
According to the Report, the SACU member States adopted a Strategic Plan in 2022, which is 
structured around five (5) core strategic pillars that are supported by a sixth pillar that relates to 
effective SACU Institutions. The core strategic pillars being (i) industrialization, export and 
investment promotion; (ii) trade facilitation and logistics; (iii) implementation and leveraging on 
AFCFTA opportunities; (iv) trade relations/unified engagemen t with third parties; and (v) finance 
and resource mobilization.  
 
Questions:  
9. Would the SACU member States elaborate more, please, on cross -cutting issues and measures 
aimed at export promotion and development of trade relations/unified engagement with t hird 
parties, which are being currently implemented under the first and the fourth pillars of the Strategic 
Plan?  
 
SACU: Export promotion has been identified as the key to supporting the economic 
transformation of the SACU region. SACU Member States seek t o increase exports to 
preferential markets through developing an Export Promotion Framework and a SACU -wide 
Export Potential model/tool to identify new export opportunities on the African Continent and 
beyond. There will also be support to export activitie s through increasing the availability of 
trade finance and export -readiness support especially for women and youth -owned MSMEs; 
and supporting private sector (especially MSMEs) participation in regional, continental, and 
international trade fairs and exhib itions. Through these initiatives, SACU Member States wish 
to attain an increase in SACU's exports, especially value -added exports by 2027; enhance 
diversified export markets, particularly African markets to leverage also on the opportunities 
brought by th e AfCFTA.  WT/TPR/M/447/Add.1  
 
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  UNITED KINGDOM  
Secretariat Report S447 -01 
 
2  Common Regime  
2.2  Southern African Customs Union (SACU)  
2.2.2  Common Revenue Pool (CRP) and revenue -sharing formula  
Paragraph 2.9 Revenue -sharing formula  
UK Question 1:  What progress has been made towards reform of SACU's revenue - sharing formula? 
Are there plans to include an outward -facing component that considers members' trade with 
countries outside the customs union?  
SACU:  A Strategic Plan for 2022 -27 was adopted by  SACU in 2022 and as part of this process 
the Member States agreed to defer the discussions on all revenue sharing arrangement 
including the Revenue Sharing Formula to be considered during the mid -term review of the 
Strategic Plan.  
3  TRADE POLICIES AND PR ACTICES BY MEASURE  
3.3  Tariffs and other charges  
3.3.7  Contingency trade remedies  
3.3.7.1 Anti -dumping and countervailing measures  
Paragraph 3.34. Anti -dumping investigations  
 
UK question 2:  Please may South Africa explain why they think they initiated so many more anti -
dumping investigations in 2021 compared to previous years?  
 
South  Africa:  As Member States are aware, the method of calculation of the number of 
initiations of investigations used by the WTO, count "countries " as opposed to "investigations ". 
Normally, South Africa 's investigations only involve one or two countries. During 2021 
however, South Africa initiated an investigation pertaining to frozen bone -in chicken 
originating in 5  countries as well as an investigation pertaining to frozen potato chips 
originating in 3 countries. In addition, South Africa initiated a sunset review on PET originating 
in 3 countries. This accounts for the number in 2021 being higher than in previous y ears. 
 
Secretariat Report S447 -02 
 
3 Trade Policies and Practices by Measure  
3.3 Measures affecting production and trade  
3.3.7 Intellectual property rights  
Paragraph 3.3.7.2 International Context  
 
UK Question 3: Can Botswana clarify if its existing GI syst ems could potentially offer protection to 
UK stakeholders?  
 
Botswana:  Botswana confirms the GI provisions of the Industrial Property Act 2010 are 
adequate to protect GI Stakeholders.  
 
Secretariat Report S447 -03 
 
3 Trade Policies and Practices by Measure  
3.3 Measures affecting production and trade  
3.3.6 Intellectual property rights  
Paragraph 3.80  
 
UK Question 4: Could Eswatini clarify it has any plans to introduce a system to protect GIs?  
 
Eswatini:  The country is mindful of the need to carefully examine the issues regarding this 
subject before considering any particular future course of action. Geographical indications can 
be viewed as a subset of trademarks - a sui generis system. Geographical indic ations serve the 
same functions as trademarks, because like trademarks they are: (1)  source -identifiers, 
(2) guarantees of quality, and (3)  valuable business interests. Given the responses from 
potential users of GI, the position is that the sui generis re gime is at present suitable.  WT/TPR/M/447/Add.1  
 
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  Secretariat Report S447 -04 
 
3 Trade Policies and Practices by Measure  
3.3 Measures affecting production and trade  
3.3.7 Intellectual property rights  
 
UK Question 5: C ould Lesotho clarify it has any plans to introduce a system to protect GIs?  
 
Lesotho:  Yes. Lesotho has in October  2023 validated its Draft Intellectual Property Policy, 
thereafter the intention is to revise IP laws to include all Industrial Property matters including 
Geographical Indications.  
 
Secretariat Re port S447 -05 
 
3 Trade Policies and Practices by Measure  
3.3 Measures affecting production and trade  
3.3.7 Intellectual property rights  
Paragraph 3.3.7.4 Enforcement  
 
UK Question 6: Can Botswana clarify if its existing GI systems could potentially offer pro tection to 
UK stakeholders?  
 
Botswana:  Botswana confirms the GI provisions of the Industrial Property Act 2010 are 
adequate to protect GI Stakeholders.  
 
Secretariat Report S447 -06 
 
Secretariat Report (S447 -06)  
2   TRADE AND INVESTMENT REGIMES   
2.2  Trade policy formulation and objectives   
Paragraph  2.4  ITAC   
 
UK Question 7 : Please may South Africa explain what legislation, policies, or other measures (formal 
or informal) are in place to ensure ITAC's investigations, reviews and decisions can take place 
appropriately independently of interference by political or economic pressure groups?  
 
South  Africa:  ITAC's enabling legislation, the International Trade Administration Act, 2002 
(Act No. 71 of 2002) ( "ITA Act ") provides in section 7(2) that, IT AC is "independent and subject 
only to (i) the Constitution and the law; (ii) any Trade Policy Statement or Directive issued by 
the Minister [of Industry, Trade and Competition] in terms of section 5; and (iii) any notice 
issued by the Minister [of Industr y, Trade and Competition] in terms of section 6 ". This 
legislation goes on to state that, ITAC "must be impartial and must perform its function without 
fear, favour or prejudice ". 
 
Additionally, the structure of decision -making ensures an appropriate level  of separation from 
political or other interference. Specifically, ITAC conducts its investigations according to the 
prescripts of the ITA Act and several regulations that govern specific types of investigations. 
The results of these investigations are sub mitted to a panel of Commissioners (who hail from 
various Government entities and the private sector), who will decide for whether to accept or 
reject the proposal emanating from the investigation. Only after the Commissioners have 
made a decision, based o n the submissions before them, is a recommendation forwarded to 
the Minister of Trade, Industry and Competition, who may engage in polycentric decision -
making.  
 
Finally, it is important to note that ITAC 's decision are subject to judicial review. Conseque ntly, 
ITAC officials and Commissioners are mindful that as an administrative body, subject to 
requirements of domestic legislation such as the Promotion of Administrative Justice Act, 2000 
(Act No. 3 of 2000), its decisions (recommendations) must be lawful  and not irrational or 
arbitrary and that its investigations must be procedurally fair.   
 
 WT/TPR/M/447/Add.1  
 
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  Secretariat Report (S447 -06)  
2   TRADE AND INVESTMENT REGIMES   
2.2  Trade policy formulation and objectives   
Paragraph  2.19  BB-BEE  
 
UK Question 8 : Could South Africa please provide further details for how foreign companies are 
subject to requirements of BB -BEE legislation, the process and timelines for certification and renewal, 
and procedure for appeals?  
 
South  Africa:  Companies operating in South Africa whether foreign or locally owned are 
treated the same in terms of the Broad Based Black Economic Empowerment (B -BBEE) 
requirements. The requirements are condensed and measured according to five pillars, 
namely, Ownership, Management Control, Skills develop ment, Enterprise and Supplier 
development, as well as Socio Economic Development. The only exception is with regard to 
instances where a foreign company cannot effect a direct equity interest by black South 
Africans. One such instance is where a multinatio nal company is unable to sell equity in a local 
subsidiary.  
 
To deal with this specific instance, the B -BBEE Codes of Good Practice provides for an Equity 
Equivalent Investment Programme in lieu of direct equity. The Equity Equivalent contributions 
count towards the ownership element of B -BBEE made by Multinationals. Equity Equivalent 
programmes must promote and advance the following critical areas: Enterprise and Supplier 
Development; Research and Development; and Critical and core Skills. Overall an Equi ty 
Equivalent programme must promotes Socio -Economic advancement and development within 
the South African Economy. In order to deepen the understanding of these requirements, 
educational sessions are continuously being held with multinationals and foreign chambers.  
 
 
Certification or B -BBEE verification is conducted by accredited B -BBEE Verification Agencies 
and timelines for verification depends on the size of the companies. The verification process 
is solely dependent on the availability of verifiable inf ormation that can be given to the 
verification agency. The agency will use the verifiable information to determine the scores 
according to the size of the entity being verified. A certificate generated after the calculation 
based on the scorecard applicabl e will lead to a B -BBEE certificate that will be valid for 12 
months. A list of accredited agencies is available on the South African National Accreditation 
System (SANAS) website.  
 
Secretariat Report (S447 -06)  
2   TRADE AND INVESTMENT REGIMES   
2.3  Trade agreements and arrangements  
2.4   Foreign investment regimes   
Paragraph  2.24  BITs  
 
UK Question 9 : Could South Africa please provide further details about the relevant criteria for which 
the outlined BITs were cancelled, versus the one's which were retained?  
 
South  Africa:  The rationale behind South Africa 's review of BITs at the time was from the 
perspective of providing legal certainty for prospective investors. The review was further 
prompted by legal challenges that confronted South Africa which were based on BITs that were 
in force. One of the objectives of the BIT review was to ensure that there is a clear framework 
for the protection of all investments in South Africa (both foreign and domestic) and that there 
is one piece of legislation that outlines the protection enjoyed by investors. Hence the BIT 
review was conducted in accordance with the Cabinet mandate of 2010. South Africa has BITs 
in force with China, Cuba, Finland, the Republic of Korea, Mauritius, Nigeria, the Russian 
Federatio n, Senegal, Sweden, and Zimbabwe. Since 2013, South Africa has terminated BITs 
with several countries – these include Argentina, Belgo -Luxembourg, Spain, Austria, Denmark, 
France, Germany, Greece, Italy, Netherlands, Switzerland, and the United Kingdom.  
 
 WT/TPR/M/447/Add.1  
 
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  Secretariat Report (S447 -06)  
2   TRADE AND INVESTMENT REGIMES   
2.2  Trade policy formulation and objectives   
Paragraph  2.6  Tariffs   
 
UK Question 10 : Please could South Africa explain what consideration has been given to the role 
tariffs play in controlli ng inflation and prices within South Africa? Please could examples of any recent 
measures be provided.  
 
South  Africa:  South Africa 's response: In its investigations, ITAC is mindful that an increase 
in customs duties may lead to increased prices for consum ers and potentially higher inflation. 
In particular, in investigations involving basic commodities, such as foodstuffs, the imposition 
of tariffs is weighed against the potential effect on consumer prices. Consequently, ITAC may 
conduct, indeed has conduct ed, impact assessments to determine the price effect of customs 
duty increases. For example, ITAC conducted impact assessments in its investigation of 
imports of frozen mixed vegetables and frozen bone -in chicken.  
 
Secretariat Report (S447 -06)  
3 TRADE POL ICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.1 Customs procedures and requirements  
Paragraph  2.6 VAT  
 
UK Question 11 : Could South Africa please provide any analysis that has been conducted on the 
applicability of rules of VAT for foreign vs. domestic companies against National Treatment 
requirements?  
 
South  Africa:  VAT is charged on imported as well as locally produced goods.  
  
Secretariat Report (S447 -06)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.5 State trading, state -owned enterprises, and privatization  
Paragraph  3.83 SOEs   
 
UK Question 12 : Please could South Africa clarify if further information is availa ble with respect to 
how recommendations regarding governance of SOE's, produced by the Judicial Commission of 
Inquiry into Allegations of State Capture, Corruption and Fraud, were taken forward?  
 
South  Africa:  No information currently available.  
  
Secretar iat Report (S447 -06)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.6 Government Procurement  
 
UK Question 13 : Please could South Africa explain how it manages exemptions to its local content 
regulations in case s where local providers are not able to fulfil a tender to a sufficient quality or value 
compared to a foreign bidder?  
 
South  Africa:  In terms of the 2022 Preferential Procurement Regulations (PPRs) local content 
is no longer a compulsory requirement. Unde r the current procurement regime, each organ of 
state is empowered to determine its own Preferential Procurement Policy. The 2022 PPRs allow 
organs of state to use specific goals including the Reconstruction and Development Programme 
(RDP) goals to support  the procurement of locally manufactured products in their tenders. 
These efforts are essential to foster a more dynamic and inclusive economy that creates and 
ensures equal rights and opportunities for small businesses, women, and youth to participate 
in economic growth efforts. In cases where local content is required, exemptions are granted 
on a case-by-case basis, according to stipulated procedures.  
 WT/TPR/M/447/Add.1  
 
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  3 Trade Policies and Practices by Measure  
3.3 Measures affecting production and trade  
3.3.7 Intellectual  property rights  
Paragraph 3.3.7.4 Enforcement of intellectual property rights?  
 
UK Question 14:  Could South Africa provide further information regarding whom UK GI stakeholders 
should raise product level concerns with?  
 
South  Africa:  
Ms Wendy Jonker Hanekom Pr.Sci.Nat 119930  
Scientist Manager: Sub directorate Liquor Products  
Directorate:  Food Safet y and Quality Assurance  
Branch: Agricultural Production, Biosecurity and Natural Resources Management  
Department of Agriculture, Land Reform and Rural Development  
Private Bag X5015, Stellenbosch, 7600  
Cell:    0846224445  
Tel:     00.27.21.8090374  
Fax:    00.27.21.8876392  
Web:    www.dalrrd.gov.za  
E-mail: WendyJ@dalrrd.gov.za  
 
Emily Mphahlele,  
Department of Trade, Industry  and Competition  
Director: Europe desk, Trade Branch  
Email: EMphahlele@thedti.gov.za  
Tel: +27 12 394 3018  
 
Government Report (G447)  
 
INTRO DUCTION  
1.7 The SACU Strategic Plan 2022 -2027  
Paragraph 1.24.  Trade Facilitation and Logistics Pillar  
 
UK Question 15:  Please could SACU explain how the SACU Strategic Plan supports gender equality 
and women's economic empowerment in trade?  
 
SACU:  The SACU Trade Facilitation and Logistics Programme will be implemented through 
three Key Projects that contains targeted solutions and initiatives to address the identified 
gaps. These are: (i)  Trade Digitalization and Digital Transformation Project; (ii)  Risk 
Management, Compliance and Enforcement Project; and (iii)  Infrastructure Development 
Project. The Projects will be supported and complemented by the key components that are 
inclusive of Capacity -Building, Gender Mainstreaming, Legal and Policy Frameworks , and 
Operational Resilience. All projects to be pursued will incorporate Small, Micro, and Medium 
Enterprises (SMMEs) to ensure they benefit from the trade facilitation and logistics 
programme.  
 
SOUTH AFRICA   
7  POLICY DEVELOPMENT AND RESPONSE  
7.4  Tariff  policy approach  
Paragraph 7.16 Industrial policy  
 
UK Question 16: Please could SACU explain if SACU countries utilise trade remedy  measures to 
promote industrial development?  
 
South  Africa:  South Africa response: South Africa is a signatory to the vario us WTO 
Agreements. At an international level, therefore, South Africa is bound by the WTO Anti -
Dumping Agreement, the WTO Agreement on Safeguards and the WTO Agreement on 
Subsidies. Additionally, trade remedy investigations and measures are regulated by do mestic 
legislation, namely the ITA Act and 3 bodies of regulations: the Anti -Dumping Regulations, the 
Amended Safeguard Regulations and the Amended Countervailing Regulations. As a 
consequence, the only consideration for ITAC in its trade remedy investigat ions is whether the 
requirements of the aforementioned legislation have been met. In anti -dumping WT/TPR/M/447/Add.1  
 
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  investigations, for example, this means ITAC 's decisions are informed only by whether (i) there 
has been dumping, (ii) the domestic industry is suffering inju ry (whether in the form of present 
material injury, a threat of material injury or the material retardation of an industry) and (iii) 
there is a causal link between the dumped imports and any injury suffered by the domestic 
industry.  
 
SACU:  SACU Member Sta tes are signatories to the various WTO Agreements. At an 
international level, SACU Member States are therefore, bound by the WTO Anti -Dumping 
Agreement, the WTO Agreement on Safeguards and the WTO Agreement on Subsidies. 
Additionally, trade remedy investig ations and measures are regulated by the relevant domestic 
legislation. As a consequence, the only consideration for SACU in its trade remedy 
investigations is whether the requirements of the legislation have been met. In anti -dumping 
investigations, for e xample, this means SACU 's decisions are informed only by whether (i) 
there has been dumping, (ii) the domestic industry is suffering injury (whether in the form of 
present material injury, a threat of material injury or the material retardation of an indus try) 
and (iii) there is a causal link between the dumped imports and any injury suffered by the 
domestic industry.  
 
SOUTH AFRICA  
7 POLICY DEVELOPMENT AND RESPONSE  
7.3 Trade policy and strategic framework  
7.10 Trade policy  
 
UK Question 17 : Please may all members of SACU explain any policy frameworks or objectives with 
respect to Trade in Services, following the inclusion of trade in services in the SACU work programme 
2012?  
 
SACU:  In 2012, SACU Council of Ministers approved the inclusion of trade in se rvices as the 
sixth priority area in the SACU work programme. At that time, a Technical Committee on Trade 
in Services was established and work to undertake a situational analysis of the services sector 
and trade in services in SACU was initiated. This wor k aimed to guide the development of an 
appropriate legal framework for incorporation of trade in services in the SACU trade agenda. 
However, this initiative did not advance as was envisaged by the region. A Ministerial Retreat 
held in 2016 agreed that nego tiations on trade in services will be conducted by Member States 
individually through the SADC Protocol on Trade in Services as the guiding legal framework 
for purposes of regional collaboration.  
 
ANNEX 1 – SOUTH AFRICA TRADE POLICY STATEMENT  
Paragraph  1.16  
 
UK Question 18:  Please can South Africa clarify which targeted measures and programs they have 
already begun as part of their gender responsive trade policy, and provide further details on how 
they are measuring their successful implementation?  
 
South  Africa:  
- South Africa (SA) has developed regulatory frameworks policies and regulations that 
support women economic empowerment.  
- South Africa is collecting disaggregated data and statistics on women empowerment.  
- Acquiring Evidence base success stori es that support and speak to financial inclusion 
in the mainstream economy.  
- Uplifting women from triple challenges of unemployment, inequality and poverty 
through entrepreneurship.  
 
ANNEX 1 – SOUTH AFRICA TRADE POLICY STATEMENT  
 Paragraph 1.15 .  
  
 UK Questio n 19:  As South Africa mentions, this is the first time they are taking the deliberate and 
necessary step of pursuing a gender -sensitive and gender responsive trade policy. Please explain 
how this will be reflected in their engagement at the WTO?  
 WT/TPR/M/447/Add.1  
 
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  South  Africa:  
- South Africa (SA) has developed regulatory frameworks policies and regulations that 
support women economic empowerment.  
- South  Africa is collecting disaggregated data and statistics on women empowerment.  
- Acquiring Evidence base success stori es that support and speak to financial inclusion 
in the mainstream economy.  
- Uplifting women from triple challenges of unemployment, inequality and poverty 
through entrepreneurship.  
 
Deliberate and targeted measures that deliver tangible and practical progr ams for the 
empowerment of women are an essential part of South Africa's trade policy to creating a better 
and inclusive world. What are those deliberate and targeted measures?  
- Capacity building in business and financial training.  
- Networking forums on access to business and available opportunities.  
- Supporting women to access government incentives programmes.  
- Established the Sanitary Dignity Programme for women market accesses is in the 
entire value chain of manufacturing, packaging , storage, distribution and waste 
management.  
- Established the National Strategic Programme on Gender based Violence and Femicide.  
- Established the Gender Responsive Planning Budgeting Monitoring Evaluation and 
Auditing Framework.  
South Africa is not part of  any WTO Agreement that requires notification or engagements on 
national/domestic gender sensitive or responsive trade policy.  
 
  WT/TPR/M/447/Add.1  
 
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  UNITED STATES  
Part I.  Questions based on the Secretariat Report (WT/TPR/S/447)  
 
Page 17 Paragraph 2.12: "SACU members continue  to fulfil their notification obligations at the 
WTO with varying degrees of regularity " 
 
1. How do members of SACU plan to submit overdue notifications to the WTO?  
Botswana:  Capacity building has been organised for the relevant notifying Ministries. 
Botswana  will submit all outstanding agriculture notifications to WTO Secretariat by 
March  2024.  
Eswatini:  Eswatini has been faced with capacity constraints in fulfilling her notifications 
obligations and the country is currently preparing the outstanding notifica tions through 
technical assistance from partners on a phased approach.  
Page 18, Paragraph 2.15 : The Secretariat Report states that SACU members continue to work on 
the Tripartite Free Trade Area (TFTA) agreement under a phased approach, including having 
concluded the drafting of a competition policy protocol under Phase II.  
 
2. What is the estimated timeline for the negotiation and drafting of the other trade -related 
Tripartite Protocols under Phase II, such as the protocol on intellectual property rights?  
SACU:  No specific timelines have been set, the process has already missed a number of the 
timelines that had been previously set.  
3. Will these protocols be modeled after or have any relationship to the protocols developed 
under the African Continenta l Free Trade Area (AfCFTA)?  
SACU:  The TFTA was initially anticipated to be one of the building blocs for the AfCFTA 
agreement. However, this idea became futile when the AfCFTA was prioritized and the 
negotiations progressed faster than the TFTA negotiatio ns were concluded. The TFTA 
Partner/Member State have not pronounced whether or not the rest of the TFTA protocols will 
be based on the AfCFTA Protocols.  
Page 25 Paragraph 3.1:  "Customs procedures in Southern African Customs Union (SACU) 
members have not yet been fully harmonized. The authorities state that over the review period, 
SACU members have been implementing the SACU Customs Policy50 through the Customs 
Modernisation Programme (CMP). The CMP focuses on, inter alia, modernization of customs 
legislation, the Authorised Economic Operator (AEO) Programme, risk management and its 
enforcement, IT connectivity, and transport and logistics programmes. " 
 
4. When does SACU expect to complete harmonizing its customs procedures and what major 
steps toward harm onization remain to be completed?  
Botswana:  
1. IT Connectivity  
✓ Regional IT Connectivity and information exchange framework developed and 
implemented in SACU Customs Administrations by the end of 2018  
✓ SACU Customs Administrations have adequate legislative pro visions to enable IT 
Connectivity, Data Exchange by the end of 2018  
2. Trade Partnerships (AEO Program)  
✓ A Regional Preferred Trader Programme scheme established by the end of 2018. 
Transitional to AEO Program  
✓ Engagement between Customs and the Trading Community has been enhanced at 
both regional and national levels by the end of 2018  
3. Risk Management and Enforcement  
✓ The SACU Member Administrations have enhanced their capacities to carry out 
regional Customs Risk Management and enforcement operations by t he end of 2018  
4. Legislative Reform  WT/TPR/M/447/Add.1  
 
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  ✓ The SACU Member Administrations have adequate legislative environment to enable 
IT connectivity, Preferred Trader Programme, and Risk Management by the end of 
2018  
 
Eswatini:  Among the major work programs that have been prioritised by SACU is to build 
upon the implementation of IT Connectivity to progress towards adopting a model for a single 
declaration for the region. This work is pursued to improve on Customs Cooperation under 
the regional programme addressing Trade Fa cilitation and Logistics (which now incorporates 
initiatives that were previously in the Customs Modernization Programme).  
 
SACU:  SACU Member States expects to harmonize legislation related to the AEO Programme, 
and IT Connectivity. In addition, there is e xpectation to harmonize processes related to 
identification, management, and treatment of common risks identified in the Common 
Customs Area. The major steps that remain to be undertaken include full implementation of 
the Regional AEO Programme; 100% expor t data match; and full implementation of the 
Trade Facilitation and Logistics Programme to include Other Government Agencies.  
 
Page 26 Paragraph 3.8:  "The authorities identified key reasons behind the delayed harmonization 
of the customs procedures as the lack of common regional systems to manage cross -border trade 
flows, limited collaboration, administrative inefficiencies, inadequate soft and hard infrastructure, 
and lack of regional performance measurement systems.55 Eswatini, Lesotho, and Namibia use 
ASYCUDA systems, while South Africa uses the Interfront Customs and Border Management Solution 
(ICBS) system, and Botswana uses a customized web application developed by Crimsonlogic Pte 
Ltd."  
 
5. What are some of the measures being implemented to address the problems and challenges 
identified?  
SACU:  The SACU Trade Facilitation and Logistics Programme will be implemented through 
three Key Projects that contains targeted solutions and initiatives to address the identified 
gaps. These are: (i)  Trade Digitalizatio n and Digital Transformation Project; (ii)  Risk 
Management, Compliance and Enforcement Project; and (iii)  Infrastructure Development 
Project. The Projects will be supported and complemented by the key components that are 
inclusive of Capacity -Building, Gen der Mainstreaming, Legal and Policy Frameworks, and 
Operational Resilience. All projects to be pursued will incorporate Small, Micro, and Medium 
Enterprises (SMMEs) to ensure they benefit from the trade facilitation and logistics 
programme.  
Annex 1: Botswa na 
Page 64 Paragraph 2.14: "It submits tariff and trade data annually to the WTO Integrated 
Database (IDB) and continues to make regular notifications to the WTO (Table 2.3). However, some 
notifications were outstanding as of 30 June 2023 " …" Agriculture: use of special safeguard, export 
subsidies, and domestic support " … "Market Access: import licensing procedures, and quantitative 
restrictions; and customs valuation (checklist of issues) " … "Rules: subsidies and countervailing 
measures (new and full notification under Article 25.1, and countervailing measures legislation), and 
state trading enterprises. " 
 
1. How does Botswana plan to submit these missing notifications?  
 
Botswana: Capacity Building on Notifications will be organised to work toward submitting all 
outstanding agriculture notifications to WTO Secretariat by March 2024.  
 
Page 67 Paragraph 3.4: "From 2017, Botswana changed its customs management system from 
ASYCUDA to a customized web application developed by Crimsonlogic Pte  Ltd. When goods are 
imported into or exported from Botswana, they must be declared to Customs with a relevant customs 
form and supporting documents (e.g. import licence, invoice, and certificates of origin).35 The form 
and the documents are processed elec tronically. " 
 
2. How did Botswana manage the transition to a customized web application for its customs 
checks?  WT/TPR/M/447/Add.1  
 
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  Botswana:  During ASYCUDA++ usage, the clearing community submitted declarations 
through the MODBRK module from their offices. VPN accounts was giv en to each clearing agent 
company for remote connection to the ASYCUDA server instance. This setup prepared the 
trading community for transition to a web -based system. BURS had also introduced the e -filing 
tax system which is a fully web based bespoke appl ication. The new customs management 
system introduced the use a browser and elimination of VPN usage thus simplifying access 
and usability. Other key transformative functionality included the ability to pay using a 
debit/credit card, online amendment reque st, reduced interaction with officers through 
introduction of a central processing hub.  
The project execution also followed critical delivery guidelines to ensure processes are 
optimized effectively:  
Phased rollout  
The project was divided into 2 phases. T his helped better focus by the project implementation 
team.  
System walkthroughs and GAP analysis  
The baseline architecture needs to be properly captured to ensure that process optimalization 
is clear.  
Change management  
Pilot implementation, training and co ntinuous change reinforcement was given significant 
time. On roll out of each phase, trainers were posted between a week and two weeks to ensure 
desk training is given and issue resolution is attended to around the clock.  
 
3. What were some of the challenges in implementing such a change?  
Botswana:  
Time:  The time allocated to the implementation was very comprised and required teams to 
work at a high pace. This resulted in some noticeable fatigue especially during testing when  
several rounds of testing were needed.  
Competing requirements: Implementation was being done at the same time with other 
Customs projects such as the legislation review. Human resource time had to be divided 
between such projects and day to day office wor k. 
Missed customization requirements: In some instance, significant rework on some modules 
was required due to missed requirements. This scenario was most prevalent when officers 
where not process owners and when subject matter expects are not fully focuse d on the 
project.  
 
Page 67, Paragraph 3.6: In November 2022, Botswana notified to the WTO its customs valuation 
legislation – the Customs Act.37 In accordance with this Act, the primary base for customs value is 
the transaction value. When Customs does not accept the declared transaction value, the customs 
value is going to be, in sequence, the transaction value of identical goods, transaction value of similar 
goods, deductive method, computed value, and the fall -back method (i.e. any method consistent 
with the provisions of the WTO Agreement on Customs Valuation and of Article VII of the GATT 
1994).  
 
Upon accession to the WTO in 1995, Botswana was expected to incorporate provisions of the WTO 
Customs Valuation Agreement into its national laws and respond  to a list of standard questions, 
known as the Checklist of Issues, that identify where specific provisions of the WTO CVA are 
implemented in Botswana 's customs valuation legislation.  
 
4. Could Botswana please provide an update on the submission of its check list of issues 
notification to the WTO Committee on Customs Valuation?  
 
Botswana:  Botswana commits to submit the checklist after the WTO Review  
Page 74, paragraph 3.46: The Secretariat report lists the Botswana Bureau of Standards (BOBS) 
as the national e nquiry point under the WTO TBT Agreement.  
 
5. According to the WTO ePing platform, the contact information listed for the Botswana Bureau 
of Standards (BOBS) are:  infoc@hq.bobstandards.bw  and enquires@bobstandards.bw ; however, 
these contact emails return an undeliverable message.  Could Botswana please provide an update on 
where this contact information will be corrected?  WT/TPR/M/447/Add.1  
 
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  Botswana:  Botswana commits to update its TBT national enquiry point after the review.  
Paragraph 3.86, page 83 : The Secretariat Report lists several measures identified in the 2022 
Botswana Intellectual Proper ty Policy (BIPP), including "reviewing existing IP laws to harmonize them 
with the BIPP " and "establishing an IP committee as custodian of traditional knowledge and other 
aspects of IP. "  
 
6. Which aspects of intellectual property have been identified for harmonization?  
 
Botswana:  The Industrial Property Act review will strengthen the provisions incorporating the 
WTO TRIPS Public Health Flexibilities to support the Healthcare Industry as stated under 5.4.3 
of the BIPP 2022.  
The Copyright and Neighbouring Rights Act will domesticate the Marrakesh Treaty to Facilitate 
Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print 
Disabled. in order to address the inclusivity principle (4.4 (vi) of the BI PP 2022.  
 
7. With respect to the IP committee, who will compose the committee, what is the status of its 
establishment, and what functions will the committee serve?  
 
Botswana:  The IP Committee will be established at the House of Chiefs comprising of Tribal 
leaders. Their role is to advise the Government of tribal and customary laws and practices. 
The Committee is still to be established. The Committee will ensure their tribal Traditional 
Knowledge is protected and where it is used the principles of Access and  Benefit sharing are 
applied . 
Paragraph 3.90, pages 83 -84: The Report notes that the Copyright and Neighbouring Rights Act 
(Act No. 6 of 2006) and the Copyright and Neighbouring Rights Regulations (2007) are under review 
to domesticate certain treaties and  to incorporate new provisions.  
 
8. Please provide further details about Botswana 's timeline for implementing these legislative 
and regulatory reforms.  
 
Botswana: Review of the two pieces of legislation is still at its preliminary stage. 
Consultations are s till ongoing and the review will start once instruction from cabinet has 
been issued (Cabinet Directive)  
Paragraph 3.91, page 84:  
9. Is the Copyright Society of Botswana (COSBOTS) the only collective management organization 
in Botswana?  
Botswana:  Yes, it is. 
 
10. Does COSBOTS perform additional duties other than the licensing and royalty collection 
described in the Secretariat Report?  
Botswana:  No, COSBOTS only issue licenses and collect royalties.  
The Secretariat Report notes that COSBOTS licenses, with the  agreement of copyright owners, 
the use of works "for publicity purposes." Please provide more information about what types 
of works COSBOTS licenses, including if it only grants licenses for those who have authorized 
it to do so, what types of "publicity purposes" COSBOTS licenses, and whether COSBOTS 
licenses public performance/communications/transmissions (i.e., public performances, radio 
and television broadcasts, non -interactive internet streaming).  
11. The Secretariat Report notes that COSBOTS licenses, with the agreement of copyright owners, 
the use of works "for publicity purposes. " Please provide more information about what types of works 
COSBOTS licenses, including if it only grants licenses for thos e who have authorized it to do so, what 
types of "publicity purposes " COSBOTS licenses, and whether COSBOTS licenses public 
performance/communications/transmissions (i.e., public performances, radio and television 
broadcasts, non -interactive internet strea ming).  WT/TPR/M/447/Add.1  
 
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  Botswana:  Since inception, COSBOTS has been licensing music. The licenses are not limited 
to its members only, but for all musical works used in Botswana. COSBOTS recently added the 
reprographic licenses to its repertoire.  
 
12. Finally, the Secretariat  notes that, due to earlier challenges, COSBOTS and CIPA signed 
guidelines in 2016 to ensure that the royalties reach the artists to whom they are due. Have those 
guidelines resulted in successful royalty distribution to artists?  
Botswana:  Yes, they assis t to define working relations and manage expectations.  
 
Page 77, Paragraph 3.62:  
The Secretariat report states that "Botswana has not yet developed regulations on biotechnology or 
genetically modified organisms (GMOs). The authorities state that the use of GMO seeds for crop 
production and feed is not allowed. "  
 
13. Please explain whether the import of genetically engineered seeds is permitted.  
Botswana:  The use of GMO seeds is not allowed for agricultural production in Botswana 
therefore, importation o f genetically engineered seeds is restricted.  
 
14. Furthermore, does Botswana allow the import of genetically engineered commodities for 
food, feed, or processing uses?  
 
Botswana:  Imports of genetically engineered commodities for food, feed or processing uses 
is not restricted.  
Paragraph 3.92, page 84:  
The Secretariat Report notes the copyright levies that are applied to blank media and equipment 
that can be used to copy protected materials.  
 
15. Who collects that money and how is it distributed?  
Botswana:  The money is collected by BURS, and it is deposited into the Levy on Technical 
Devices Fund and is administered by the LTDF Management Committee to develop the creative 
sector.  
 
Paragraph 3.94, page 84:   
The Secretariat Report notes the establishm ent of a Copyright Arbitration Panel in Botswana, with 
its rules currently pending approval.  
 
16. What is the scope and nature of the disputes that the panel will oversee?  
 
Botswana:  The Panel is mandated to deal with the "settlement of disputes under the 
[Copyright and Neighbouring Rights] Act".  
 
17. What is the estimated timeline for the approval of the rules?  
Botswana:  The Rules were approved and gazetted in July 2023.  
Paragraph 3.99, page 85:   
18. Did the Directorate of Public Prosecutions take action in any of the cases against the individuals 
responsible for the 25,084 pirated works valued at BWP 2,064,000, and if so, what were the results 
in those cases?  
Botswana:  No. 
Annex 2: Eswatini  
Page 132 Paragraph 3.7: "A time release study conducted in 2018 came to the result that average 
time for import clearance from registration of the declaration until exiting the border was 
approximately 8.5 hours, with a median time of 4 hours.32 It was also found that traders are required 
to deal with multiple agencies at different locations at the border, often resulting in delays for 
individual drivers and leading to congestion at the border. The largest portion of time by importers WT/TPR/M/447/Add.1  
 
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  was spent on various regulatory processes. Acco rding to the authorities, a national time release 
study conducted in 2023 came to the result that net clearance time is about one hour "  
 
1. What tools and policies did Eswatini implement to bring the import clearance time down 
dramatically over the past f ive years?  
 
Eswatini:  
• Implemented the recommendations of the TRS, one of which was streamlining the 
clearance process. The study identified some process steps which were not value adding, 
we removed those steps.  
• Insisted on the pre -clearance approach , declarants are expected to come to the border 
after they have received a "proceed to border message" to clear the congestion at the 
border.  
• The clearance process was further automated, more paperless.  
 
Page 133, Paragraph 3.11: Eswatini notified its ca tegory commitments under the Agreement on 
Trade Facilitation. It also notified arrangements and progress in the provision of technical assistance 
and capacity -building support of Category C designations.  
 
2.  According to the WTO TFA Database, Eswatini has no t identified donors for Articles 5.3 (Test 
Procedures), 7.5 (Post -Clearance Audit), 10.1 (Formalities), and 10.3 (Use of International 
Standards). Has Eswatini experienced any challenges in identifying donors for these TFA 
Category  C commitments?  
 
Eswatini:  All these Articles that were categorised under Category C were notified to the 
Committee for Trade Facilitation. Eswatini also uses her National Trade Facilitation Roadmap 
for mobilizing resources. Eswatini did also reach out to the Embassy of th e United States in 
Eswatini for technical and financial support for the implementation of the National Single 
Window.  
 
Table 3.3, page 141:  During the previous review, Eswatini stated that it planned to join the WIPO 
Internet Treaties (WIPO Copyright Treat y and the WIPO Performances and Phonograms Treaty) after 
the enactment of the 2018 Copyright and Neighbouring Rights Bill.  
 
3. Does Eswatini still plan to join the treaties, and is there an anticipated timeline now that the 
Copyright and Neighbouring Rights Bill has been enacted?  
 
Eswatini: The Internet Treaties have gone through stakeholder consultations and have been 
vetted by the Attorney General's Office and the document is ready for submission for Cabinet 
approval; a precursor for submission to Parliame nt for the legislative process.  
 
Paragraph 3.80, page 141:  
4. Please provide further details about Eswatini 's timeline for developing the regulations for the 
copyright legislation that entered into force in 2018.  
 
Eswatini:  The Copyright and Neighbouring Rig hts Act of 2018 entered into force in 2021; it 
had a commencement clause. Thereafter Copyright regulations were drafted and have been 
approved by the Attorney General's Office. They will be going through the Parliamentary 
process after the coming in of the  new Cabinet.  
Paragraph 3.82, page 141: The Secretariat Report states that the duration of copyright "is 
generally 50 years from the end of the year in which the work is made available to the public. " Please 
provide a more detailed description of the terms  of protection that apply to different types of works 
under its law.  The Secretariat Report also states that literary works and published editions are 
protected; are computer programs and databases considered literary works.  
 
Eswatini:  Section 8 prescribe s the duration of copyright as, in the case of - (a) an audio -visual 
work, a collective work, a photograph or a computer programme, fifty years from the end of 
the year in which the work is made available to the public with the consent of the owner of 
the copyright or, failing such an event, fifty years from the end of the year in which the work 
was made; (b) a sound recording, fifty years from the end of the year in which the recording WT/TPR/M/447/Add.1  
 
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  is first published; (c) a broadcast, fifty years from the end of the yea r in which the broadcast 
first takes place; (d) a programme carrying signal, fifty years from the end of the year in which 
the signal is first emitted to a satellite; (e) a published edition, fifty years from the end of the 
year in which the edition is fir st published; (f) any other literary, musical or artistic work, the 
life of the author and fifty years from the end of the year in which the author dies. (2) The 
copyright conferred on the State or an international organisation by section 6 shall subsist - 
(a) in the case of an audio -visual work, a photograph, a computer programme, a sound 
recording, a broadcast, a programme -carrying signal or a published edition, for the period 
specified in respect of such work in subsection (1); (b) in the case of any othe r literary, musical 
or artistic work, for fifty years from the end of the year in which the work was first published. 
(3) The copyright in an anonymous or pseudonymous literary work, other than a work referred 
to in subsection (2), shall subsist for fifty years from the end of the year in which the work is 
made available to the public with the consent of the owner of the copyright or from the end of 
the year in which it is reasonable to presume that the author died, whichever period is the 
shorter: Provided  that, in the event of the identity of the author becoming known before the 
expiry of that period, the term of the copyright shall be calculated in accordance with 
subsection (1). (4) In the case of a work of joint authorship, the references in paragraph ( f) 
of subsection (1) and subsection (3) to the death of an author shall be taken to refer to the 
author who dies last, whether or not he is a qualified person in terms of subsection (1) of 
section five.  
The Copyright and Neighbouring Rights Act describes "literary work" to include any work which 
is written, spoken or sung, irrespective of its literary quality or the mode or form in which it is 
expressed, and includes - computer programmes; and tables and compilations".  
 
5. Are non -published works als o protected?  
Eswatini:  Yes. Copyright subsists on fixation.  
Paragraph 3.84, page 141:  
6. What is the status of Eswatini 's establishment of its registration system?  
 
Eswatini:  Registration remains optional and The Copyright Office maintains a register of 
works and the Eswatini Copyright and Related Rights Society is responsible for registration of 
works that are intended for commercialization and monetization. The Secretariat b egan in 
office on 1  October  2023.  
 
7. Once the registration system is established, will works that are not registered still be 
protected by copyright?  
Eswatini:  Copyright protection exist regardless of registration. Further, litigation and 
infringement proce eding can be initiated without registration. Lack of registration also has no 
bar on damages entitlement.  
 
8. What are the benefits that flow from registering copyrighted works?  
Eswatini:  The prima  facie assumption of the validity of protection is the major b enefit of 
registration. Registration is also an administrative convenience for the collection and 
distribution of royalties.  
Paragraph 3.87, page 142:  The Report states that "copyright piracy continues to be an issue " in 
Eswatini.  
 
9. Can Eswatini provide additional details about any measures it is taking to combat piracy, 
both in physical and online environments?  
Eswatini:  We are unsure of the veracity of this determination that "copyright piracy continues 
to be an issue" in Eswatini. Copyright is a private right under which owners are entitled to 
remedies in the law when they institute proceedings against infringers. There have not been 
reports of widespread piracy that right holders have raised with the Intellectual Property Office. 
Infringement a llegations are usually settled between parties amicably without resorting to 
litigation.  WT/TPR/M/447/Add.1  
 
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  Part of the rationale to acceding to the internet treaties is for buttressing the national position 
against any piracy including in the digital environment:  
a. The WI PO Copyright Treaty (WCT) (1996) which is a special agreement under the Berne 
Convention dealing with the protection of works and the rights of their authors in the digital 
environment by the explicit stipulation of subsistence of copyright in computer pro grams as 
encapsulated in section 20 of the Copyright Act and also in data compilations and tables under 
section 2 of the Copyright Act.  
b. The WIPO Performances and Phonograms Treaty (WPPT) (1996) pronounces the 
extension of copyright to the digital enviro nment for performers and producers of phonograms 
(persons or legal entities that take the initiative and have the responsibility for the fixation of 
sounds) as encapsulated in section 53 of the Copyright Act.  
Annex 3: Lesotho  
 
Page 176, Paragraph 3.2: On 4 January 2016, Lesotho deposited with the WTO its instrument of 
acceptance of the Protocol concerning the Agreement on Trade Facilitation Agreement (TFA). It has 
notified the list of measures for the different Categories (A, B, and C), and has indicated th e 
implementation dates for Categories B and C. On 21 October 2021, Lesotho submitted a request for 
an extension of its definitive date (from 31 December 2021 to 31 December 2024) for the provision 
concerning freedom of transit.  
1.  According to the WTO TFA Da tabase, Lesotho has not identified donors for Articles  1.3 
(Enquiry Points), 4 (Procedures for Appeal or Review), 7.3 (Separation of Release), 7.5 
(Post-Clearance Audit), 7.9 (Perishable Goods), 10.8 (Rejected Goods), and 10.9 (Temporary 
Admission of Goods  and Inward and Outward Processing). Has Lesotho experienced any challenges 
in identifying donors for these TFA Category C commitments?  
 
Lesotho: National efforts to identify potential donors for the mentioned measures are ongoing. 
Efforts are being made t o mobilise resources for implementation of the TFA category C 
measures at large.  
 
Page 177, Paragraph 3.10: Upon accession to the WTO in 1995, Lesotho was expected to 
incorporate provisions of the WTO Customs Valuation Agreement into its national laws and respond 
to a list of standard questions, known as the Checklist of Issues, that identify where specific 
provisions of the WTO CVA are implemented in Lesotho 's customs valuation legislation.  
2. Could Lesotho please provide an update on the submission of its c hecklist of issues notification 
to the WTO Committee on Customs Valuation?  
 
Lesotho:  Late Submission  
 
Page 182, Paragraph 3.41 & 3.43: The Lesotho Standards Institution Act, 2014 came into force 
in 2020, and it is the main legislation that governs the standardization process in Lesotho. It provides 
for the establishment of a standards body in charge of developing national standards in consultation 
with all relevant stakeholders. A new institution, the Lesotho Standards Institution (LSI), was 
established  in 2020.  LSI has replaced the DQMTR as the enquiry point under the TBT Agreement, 
but this information has yet to be notified to the WTO.  
3. On the ePing platform, Lesotho 's TBT enquiry point is listed as the Department of Standards 
and Quality Assurance. Co uld Lesotho please provide an update on when the Lesotho Standards 
Institution will be notified to the WTO as Lesotho 's new enquiry point?  
 
Lesotho:  The Lesotho Standards Institution – LSI is being implemented in phases and because 
of a few trade -offs tha t had to be made, a complete administrative separation of LSI from the 
Department of Standards and Quality Assurance is not yet final. In this regard, the TBT enquiry 
point is still physically located at the premises of the Ministry of Trade; and the perso nnel and 
their contact details have not changed.  
 
As soon as the final steps have been completed to grant the LSI full autonomy, all the changes 
effected shall be notified to the WTO.  WT/TPR/M/447/Add.1  
 
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Page 183, Paragraph 3.46: When the technical committee has drafted a s tandard, the Standards 
Institution Act, 2014 provides for it to be subjected to a public inquiry, for a period of three months, 
to collect comments from stakeholders. After that, the Standards Management Committee that 
approved the project should also appr ove the draft standards for publication. Five technical 
committees (Food; Energy; Quality Management Systems; Environmental Management; and Traffic, 
Transport and Transit) are currently in place with more than 30 draft standards awaiting publication. 
Accor ding to the au African Organisation for Standardisation (ARSO), and the SADC Cooperation in 
Standardisation.  
4. As of September 2023, Lesotho had not submitted any notifications to the WTO TBT 
Secretariat. Is Lesotho planning to make compliance with any of th e 30 draft standards that are 
referenced in this paragraph mandatory? Will Lesotho notify these draft standards to the WTO?  
 
Lesotho: As stated in the Lesotho Standards Institution Act, 2014 the LSI is mandated to 
publish voluntary standards.  
 
When a new  standardization project is approved, the responsible authority within the Technical 
Committee will indicate if they would want to reference the developed standards in their 
technical regulations. In this instance, the Minimum Energy Performance standards being 
developed by LSI/TC 16 Energy and standards being developed by LSI/TC 2 Traffic, Transport 
and Transit.  
 
Upon completion of due processes within the LSI and final engagements with the respective 
regulator, the standards earmarked for referencing in t echnical regulations shall be forwarded 
to the Department of Standards and Quality Assurance to prepare notifications to the WTO; 
considering the timeframes cited in the TBT  Agreement.  
 
Page 183, Paragraph 3.47:  The technical regulations framework is rather unclear. Each Ministry 
develops its own technical regulations, and there is no harmonized procedure. The number of 
technical regulations approved by each Ministry is not available.  
5. Has Lesotho taken any steps to improve coordination between government ministries involved 
in developing technical regulations?  
 
Lesotho:  The Department of Standards and Quality Assurance is currently undergoing a 
restructuring process as guided by the National Quality Policy and Reg ulatory Framework 
(under review) as well as the Public Service Regulations. The establishment of the Lesotho 
Standards Institution necessitated a refocus of the mandate of the Department of Standards 
and Quality Assurance; resulting in a new structure that  is geared towards improving the 
implementation of quality infrastructure policy environment.  
Amongst others, the new Department is responsible for technical regulation coordination and 
is soon to commence with a project of developing harmonized procedures /guidelines for 
preparation, adoption and implementation of technical regulations. The project will also include 
resuscitation of the national TBT Committee, capacity building of regulatory agencies on good 
regulatory practices, regulatory impact assessmen t as well as market surveillance.  
 
Paragraph 3.79, page 187:   
6. Does Lesotho plan to join the WIPO Performances and Phonograms Treaty and the WIPO 
Copyright Treaty, collectively known as the WIPO Internet Treaties?  
 
Lesotho:  Yes. 
 
Paragraph 3.82, page 188:  The Secretariat notes that literary, artistic and scientific works qualify 
for copyright protection.  Are computer programs and databases considered literary, artistic or 
scientific works?  
Lesotho:  Computer programs are not specifically mention in the Copyright Order of 1989. 
However, Section 2(a) of Order provides that literary, artistic and scientific includes other 
writings and other writing is interpreted as including computer programs. However,  specifying 
computer programs will be considered when the law is revised.  WT/TPR/M/447/Add.1  
 
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  If not, how are they protected by copyright? The Secretariat notes that copyright protection covers 
works first published in Lesotho.  Are works published in Lesotho within 30 -days of  the first publication 
considered first published in Lesotho?  
Lesotho:  According to the definition, simultaneous publication is within 30 days of publication 
in other territories, although the Order does not use the word simultaneous publication.  
The Secr etariat notes that copyright protection covers "performers, phonograms, and broadcasts 
originating in foreign countries prescribed by the Minister of Justice, Law and Parliamentary Affairs. " 
What foreign countries have been prescribed by the Minister to re ceive copyright protection for 
performers, phonograms and broadcasts?  Are WTO Members provided with most favoured nations 
status? The Secretariat also notes that it provides reciprocal protection for foreign works (i.e., "works 
first published by foreign a uthors or in foreign countries if the country in question grants similar 
protection to Lesotho works "). Lesotho has signed the Berne Convention, which requires national 
treatment for treaty parties, as does the TRIPS Agreement.  
Lesotho:  The legislation is up for review to update.  
7. Does Lesotho provide national treatment, not just reciprocity, for works of Berne Convention 
signatories and WTO Members?  
 
Lesotho:  Yes Section 39(7)(c ) provides that the Order shall also apply to works, EoF, 
performances, phonog rams, and broadcasts which are to be protected by virtue of and in 
accordance with international conventions to which Lesotho is a Party  
 
Paragraph 3.83, page 188:  The Secretariat notes that LESCOSAA, a collective management 
organization representing the i nterests of authors, artists, and performers who have registered as 
members, is responsible for the "collection and distribution of royalties and other remuneration 
accruing and due to its members in respect of their rights. "  
8. What specific works and rights does LESCOSAA collect for? Are there other CMOs operating 
in Lesotho?  
 
Lesotho: LESCOSAA's scope and mandate includes collection for reprographic rights, public 
performances, broadcasting, other communication to the public, mechanical reproduction, and 
other derivatives, The works include musical works and performances and their associated 
phonograms, Text and images, Audio -visual works and dramatic works. However, the Society 
has only initiated processes for the collection of music and the Tariff fo r that is still in draft 
pending publication by the Minister as per Section 39(f) of the Order.  
 
Table 3.5, page 189:   
9. Does Lesotho plan to extend the terms of protection for performers and producers of 
phonograms, taking into account recent international trends?   
10. Do all the terms of protection that are calculated on a basis other than the life of a person, 
other than for photographs or works of applied art, run 50 years from the end of the calendar year  
of publication/making?  
 
Lesotho:  Section 13 (5) prote cts phonographic works or works of applied art for twenty -five 
years from the making of the work. Cinematographic works and audio -visual works protection 
runs from the date of making or the date of communication to the public if making available 
to the pub lic was made with the consent of the owner.  
 
 
Page 191 Paragraph 4.5: "The Ministry of Agriculture, Food Security and Nutrition (MAFSN) is 
responsible for agricultural policy formulation and implementation. It also provides advisory services 
to farmers. Lesotho's key policy objective in agriculture is to develop the sector to ensure food 
security, and to leverage agricultural activities to promote job creation. "  
11. Can Lesotho provide examples of the types of advisory services provided to local far mers?  
 WT/TPR/M/447/Add.1  
 
- 113 - 
 
  Lesotho:  Advisory services provided are on both technical production and access to markets.  
 
Advisory services on production  include inter alia access to the right inputs, adoption of 
climate -smart technologies (green and digital) to increase produ ction and productivity, 
adoption of good agricultural practices, dieses control measures especially zoonotic diseases 
(including plant and livestock care), market -oriented production, farm management, farmers' 
exchange programs (to improve production) and nutrition -driven/sensitive production (to 
combat issues such as malnutrition.  
 
Advisory Services on access to markets  include dissemination of information on available 
market opportunities, potential market requirements, post -harvest handling techniques, 
market trends, local demand benchmarking on imports, formation of commodity groups for 
sustainable supply chains, and agribusiness advisory for sustainable agri -enterprises.  
All these are intended for farmers to make informed decision -making.  
 
Annex 4: Nami bia 
 
Page 226, Table 1.2 : Namibia's exports of "other business services" rose from USD  4.8 million 
in 2019, to USD  139.2  million in 2020. Since 2020 Namibia's exports of these services have 
remained elevated, reaching USD  179.1  million in 2022.  
 
1. What acco unts for this dramatic increase in Namibia 's exports of "other business services"?  
Namibia:  There are a number of factors that might have contributed to a dramatic increase 
in Namibia's exports of "other business services."  
Namibia may have diversified its range of "other business services," attracting international 
clients and expanding its service offerings. This could include services related to information 
technology, consulting, finance, legal, and more.  Enhanced telecommunications and i nternet 
infrastructure makes it easier for Namibian businesses to offer services to clients overseas. 
Improved connectivity can facilitate remote work and service provision to clients in different 
countries.  Namibia have  investments in education and traini ng which helps Namibia to develop 
a competitive advantage in the global services market.  
Paragraph 3.97 and Table 3.3, pages 246 -247:  
2. We note that Namibia has joined the WIPO Performances and Phonograms Treaty.  Does 
Namibia also plan to join the WIPO Copy right Treaty?  
Namibia:  Namibia has acceded to the WIPO Copyright Treaty. However, due to Namibia's 
inability to have the treaty domesticated due to a gap in the currently outdated law, Namibia 
has not ratified the treaty as yet. Namibia is in the process of reforming its Copyright legislation 
and hope that with the new law, it would then be able to ratify the WIPO Copyright Treaty. 
However, Namibia is simultaneously in the process of developing policy documentation on 
ratification for the treaty.  
Paragraph  3.99, page 247:   
3. Please explain the status of the copyright bill and when you expect the bill to be passed into 
law and implemented?  
Namibia: The Copyright and Related Rights draft bill will replace the currently outdated 
Copyright and Neighboring's Righ ts Protections Act of 1994. The draft bill was submitted to 
the Office of the Attorney -General of Namibia to undergo constitutional scrutiny. The Office of 
the AG is at an advanced stage of consideration, after which the bill will be presented to the 
Cabin et Committee on Legislation.  
Due to the uncertainty of timelines in the law -making process, no exact date can be provided 
for the promulgation of the law. However, according to the project roadmap, it is estimated 
that the law should be tabled in Parliamen t during December 2024, with possible passing by 
September of 2025.  
 
Pre-Implementation of the law will require country wide awareness and targeted stakeholder 
engagements.  WT/TPR/M/447/Add.1  
 
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  Paragraph 3.107, page 248:   
4. Please explain BIPA 's enforcement authority, and what s teps it took to enforce the 2022 
High Court judgment.  
Annex 5: South Africa  
 
Page 293, Paragraph 2.13:  According to Annex 5, South Africa continues to make regular 
notifications to the WTO. However, the outstanding notifications are predominately related t o 
agriculture, in particular export subsidies (Table ES:1 for calendar years 2019 to 2022), domestic 
support (Table DS:1 for calendar years 2015 to 2022), and imports under tariff quotas (Table MA:2 
for calendar years 2020 to 2022).  
 
1. When does South Afric a intend to be up to date with these notifications?  
South  Africa:  Agriculture . The process has begun, albeit at a slow pace. At most, the exercise 
can take several months to complete, i.e. by the end of 2024.   
2. What efforts is South Africa undertaking to accomplish these submissions?  
South  Africa:  The Department is channelling additional capacity to address the backlog.  
3. Has SACU's Agriculture Liaison Committee provided technical advice or recommendations to 
South Africa to help promote timel y submissions of notifications?  
South  Africa:  Each SACU Country conducts its notification processes according to their 
national policy administration.  
Page 300 -301, Paragraph 3.27: In November 2022, the Government decided to prohibit exports 
of ferrous and  non-ferrous metal waste, scrap, and semi -finished ferrous and non -ferrous metal 
products for six months (from 30 November 2022 to 30 May 2023), so as to "limit damage to 
infrastructure and the economy". On 15 June 2023, this export ban was extended for an other six 
months. The ban is complemented by an export permit system for semi -finished metal products, and 
an import permit system for furnaces and various other scrap transformation machines (Table 3.1), 
both from November 2022.  
4. According to the Decision on Notification Procedures for Quantitative Restrictions 
(G/L/59/Rev.1), members are required to notify all quantitative restrictions in force. Is South 
Africa planning to notify the export prohibition of ferrous and non -ferrous metal waste, scrap, 
and sem i-finished ferrous and non -ferrous metal products to the WTO Committee on Market 
Access?  
 
Page 305, Paragraph 3.51: 3.51. The SABS has numerous technical committees and 
subcommittees that prepare South African National Standards (SANS) and other normative  
documents. SANS are developed in accordance with the rules set out in the SABS National Norm: 
2021 Edition 2, "Norm for the development of South African National Standards". All SANS go 
through various development stages. During this process, draft SANS a re submitted for a 60 -day 
public comment period. All comments received are discussed and resolved by the relevant national 
committees through a consensus process. Draft standards need to be ratified by the Standards 
Approval Committee of the SABS before be ing published in the Government Gazette.  
5. Could South Africa please clarify at what stage the South African Bureau of Standards (SABS) 
notifies the draft standards to the WTO Technical Barriers to Trade (TBT) Secretariat?  
 
South Africa: SABS develops South  African National Standards which are voluntary 
standards. Therefore the SABS does not necessarily notify these standards, however the SABS 
notifies a program of work biannually which will include standards under development and 
standards which have been a dopted.  
 
Page 307, Paragraph 3.61:  According to the Secretariat report, South Africa actively participates 
in and gets guidance from the Codex Alimentarius, the World Organization for Animal Health (WOAH, 
formerly OIE), and the International Plant Protecti on Convention (IPPC). The United States notes 
that South Africa does not follow WOAH guidelines regarding animal diseases, for example Porcine WT/TPR/M/447/Add.1  
 
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  Reproductive and Respiratory Syndrome (PRRS).  We understand that South Africa has rejected and 
voted against the WOAH (then OIE) PRRS Chapter.  
 
6. Please explain South Africa 's scientific basis for this position.  
South  Africa:  South Africa as a sovereign country has the right to vote according to its 
scientific position and conviction on any issue raised at the WOAH. The WTO -SPS and the 
WOAH allow countries to adopt national standards above the international standards base, as 
long as these are science -based.  
South Africa is one of a handful of countries free of PRRS and thus needs to protect its pig 
population and producers.  PRRS was introduced into South Africa three times and each time 
the country managed to eradicate it at great cost, to both government and industry.  
PRRS is an erosive disease and farming with it will be costly to our industry. South Africa did 
a risk review for PRRS using the Australian and New Zealand Risk Analyses and came up with 
the current risk mitiga tion measures for imported pork. These measures were extensively 
consulted through the WTO process.  In a published article by Hall and Neumann (2013) it was 
concluded that "while the probability of viable PRRS virus being present in a pig carcass may 
be low, the risk is not zero. " Further to this, when the WOAH Terrestrial Animal Health Code 
Commission provided the draft PRRS chapter for comments in 2016/2017, the minority of 
countries free of PRRS noted their opposition to the conditions of the PRRS Chapte rs. This 
opposition was noted in the Final Report of the 85th WOAH General Session in 2017 and thus 
further supports the concern that the importation of raw pork into countries where PRRS is 
not endemic represents a hazard with potentially severe economic consequences.  
Page 308 Paragraph 3.66: "At the WTO, four SPS -related specific trade concerns (STCs) were 
raised by trading partners to South Africa between 2014 and 2023. They are related to general 
import restrictions due to BSE (ID 362); South Africa's r evised veterinary health certificates for the 
import of cattle, sheep, and goats from Botswana, Eswatini, Lesotho, and Namibia (ID 404); import 
restrictions on poultry due to highly pathogenic avian influenza (ID 431); import restrictions on 
bovine meat, p et food, and other by -products of animal origin (ID 522); and delays in granting SPS 
access for poultry, beef, pork, fish, and seafood (ID 564). " 
 
7. South Africa continues to place multiple restrictions on pork based on their own risk assessments 
on specific  cuts for Porcine Reproductive and Respiratory Syndrome. This restriction raises 
concerns of consistency with current international standards. Does South Africa intend on 
aligning its domestic policies with international standards?  
South  Africa:  As South Africa has gone to great lengths and dedicated substantial resources 
to the eradication of PRRS from the country as well as further confirming absence by means 
of active surveillance, the risk is not viewed the same as the risk to countries that are endemi c 
for the disease. This and the available scientific information thus warrant stricter measures 
than those recommended by the WOAH for the majority of countries (which have the disease). 
Given the scientific evidence of the risk posed by lymph nodes presen t in connective tissues, 
we are not in a position to waive this requirement and allow pork imports without the necessary 
risk mitigation. Currently the import of raw pork from countries such as the USA into South 
Africa continues without interruptions with  the negotiated Veterinary Health Certificates for 
raw pork for further processing as well as specific safe cuts (without lymphoid material) 
exempt from further processing.  
Pages 314 -315, Paragraph 3.95: The Secretariat notes that Phase II of the IP Policy will be 
drafted once in -depth studies have been completed.  
8. When do you expect those studies to be completed?  
South  Africa:  That is still to be determined.  
Page 315, Paragraph 3.96:   
9. Does South Africa pl an to join the WIPO Copyright Treaty and/or the WIPO Performances and 
Phonograms Treaty, collectively known as the WIPO Internet Treaties?  WT/TPR/M/447/Add.1  
 
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  South  Africa : South Africa intends joining the World Intellectual Property Organisation 's 
(WIPO) Internet Treaties: T he WIPO Copyright Treaty (WCT) and the WIPO Performers ' and 
Phonograms Treaty (WPPT) are in line with its domestic policy and the process contained in 
the Constitution.  
South Africa signed the WCT on 12 December 1997 (12/12/97) however, the ratification 
process has not been completed. South Africa signed the WPPT on 12 December 1997 
(12/12/97) however, the ratification process has not been completed. Due to the ongoing 
Parliamentary process, South Africa is not able to provide timelines regarding its access ion to 
the WCT and WPPT.  
Page 316, Paragraph 3.102: The Secretariat notes that South Africa does not impose a levy on 
devices/blank media that could be used to copy protected materials. Media levies are an important 
counterpart to exceptions or limitations  that permit personal copying.  
 
10. Does South Africa have an exception or limitation that permits personal copying?  
South  Africa: The Copyright Act 98 of 1978 contains an exception for personal copying under 
the current fair dealing provision under Section 12 of the 1978.  
Page 316, Paragraph 3.105 : In South Africa 's "Regulations Relating to Protection of Geographical 
Indications Used on Agricultural Products Intended for Sale in the Republic of South Africa " (No. R. 
447/2019), it indicates South Afri ca refuses geographical indication (GI) registrations based on 
common names (generic terms).  
11. How do your examiners determine whether a name or phrase is a common name or generic 
term?   
12. Does South Africa provide for a disclaimer notice regarding the non -protectability of generic 
terms in compound GIs?  Please provide any written guidance for examiners on this subject.   
13. When registering foreign GIs pursuant to an international agreement, does South Africa 
provide procedures and a specific period of time for i nterested persons to oppose and/or cancel 
protection on the same grounds as for other GIs?  
Page 322 Paragraph 4.10: "South Africa continues to implement the National Policy on Food and 
Nutrition Security, which was launched in 2013 and aims to boost food security and support 
subsistence farmers. "  
 
14. What concrete tools does the National Policy on Food and Nutrition Security use to boost food 
security in South Africa?  
 
South  Africa:  
• The tool used to implement the National Policy on Food and Nutrition Secur ity was the 
2018 to 2023 National Food and Nutrition Security Plan (NFNSP) which was 
collaborated by National Departments/Ministries, inclusive of the Department of 
Planning Monitoring and Evaluation, Agriculture Land Reform and Rural Development, 
Social D evelopment, Basic Education, Health, Small Business Development and United 
Nations Agencies (FAO, WFP and UNICEF) as well as Civil Society Organisations.  
• The NFNSP was implemented through seven (7) Strategic Objectives (SOs), i.e.  
• SO-1: Addressing the es tablishment of a multi -sectoral Food and Nutrition Security 
Council to oversee the alignment of policies;  
SO 2 - Establishment of inclusive value chains;  
SO 3 - Expand targeted Social Protection Measures;  
SO 4 - Scaling up high -impact nutrition interventio ns; 
SO 5 - Influencing people Across life to make informed food and nutrition decisions;  
SO 6 - Development of a monitoring and evaluation system for food and nutrition 
security and lastly  
SO 7 - Development of Entrepreneurial Skills in Food and Nutrition  Security 
Programmes.  WT/TPR/M/447/Add.1  
 
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Part II.  Questions based on the Government Report (WT/TPR/G/447)  
 
Botswana  
Page 13, paragraph 3.2 : The Government Report states that intellectual property is one of the 
policy focuses (listed among "other fundamentals ") of Botswana 's Industrial Development Policy 
(IDP).  
 
1. What aspects of intellectual property have been identified for review under the IDP? 
Botswana: The Botswana Intellectual Property Policy of 2022 (BIPP 2022) was developed 
with the primary objective of leveraging Botswana's IP potential for inclusive and sustainable 
economic growth and development which will deliver prosperity for Bats wana. The most 
notable categories of IP rights are copyright, patent and trademark. Other categories include 
utility models, industrial designs, geographical indications, plant breeders' rights (PBR), trade 
secrets, pharmaceutical and agro -chemical test da ta and protection against unfair competition.  
This IP Policy will complement the country's Industrial Development Policy (IDP) that promotes 
enterprise investment in technology and innovation. The IDP recognises the importance of IP 
rights protection. The BIPP 2022 emphasizes the significance of IP protection to ensure that 
the benefits of research in science and technology for industrial development accrue to 
deserving companies. This will promote investments in technology and innovation by 
companies.  
Therefore, through the revised IDP 2014, the critical aspects that have been identified under 
the review of the IDP 2014 are the protection of IP rights for industrial researchers, inventors, 
designers and innovators in line with Botswana national and internat ional commitments . 
 
Page 13, paragraph 3.4:  
2. What is the expected timeframe for the review process?  
 
Botswana:  The review of the IDP 2014 mentioned was partially completed in July 2022. The 
exercise was supported by the Deutsche Gesellschaft für Internatio nale Zusammenarbeit (GIZ) 
through the SADC's Strengthening National and regional linkages program. The review halted 
when the programme for Botswana support ended in July 2022. Currently the Ministry is in 
the process of sourcing technical support from oth er partners.  
Page 13, paragraph 3.4:  
3. How does addressing these issues help to deal with current challenges noted in paragraph  3.3? 
Page 13, Section 3:   
4. How does Botswana characterize its usage of AGOA and what steps might the Government 
take to expand AGOA utilization?  
 
Botswana:  There are challenges relating to capacity in all the sectors. Government has 
developed AGOA strategy wherein there are priority sectors that Government is working with 
stakeholders, development partners such as UNDP, USA ID Hub American Business Council to 
facilitate and capacitate exporters.  
 
5. Has Botswana developed a national AGOA utilization strategy like other SACU members?  
Botswana:  A revised AGOA response strategy of 2021 was developed.  
 
Page 16 Paragraph 4.2: "Since the beginning of the COVID -19 pandemic, the Government has 
made a conscious effort to build resilience in food supply chains and reliable domestic production 
that will help improve food security and self -sufficiency. In a bid to develop the agricultural sector 
and diversify the economy, farmers have access to funding from the National Development Bank 
(NDB) and the Agricultural Credit Guarantee Scheme. " 
 
6. Does Botswana ai m to supply any other assistance, whether providing agricultural experts or 
other resources, to its farmers to build resiliency within its food supply chain?  
Botswana:  In addition to access to finance Botswana provides other assistance to farmers 
and this  assistance includes, Subsidies to resource poor farmers through programs like ISPAAD WT/TPR/M/447/Add.1  
 
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  and LIMID, Training and Extension Services, Infrastructure Development, Market Access – the 
Government of Botswana continues to work to improve farmers' access to markets  by building 
transportation networks (e.g. Kazungula bridge) and creating market linkages, Research and 
Development where the Government Supports agricultural research on the development of 
new, more resilient crop varieties and farming techniques.  
 
Page 1 8 Paragraph 6.2: "Botswana is of the view that continuous technical assistance from the 
WTO is necessary "  
 
7. What was the most impactful form of technical assistance Botswana has received thus far?  
 
Botswana:  In the area of trade in services. The capacity building assisted in negotiating the 
trade in services especially for SADC Trade in Services Protocol. Some of the key areas of 
assistance provided by the WTO include; Trade Policy Courses, Trade Negotiations , and WTO 
Funded Internship Programs.  
Eswatini  
Page 22 Paragraph 2.19:  "Eswatini has been an AGOA beneficiary since 2001, however, the 
country was suspended from the program in 2015 and reinstated in 2017. In January 2018, 
Eswatini's AGOA benefits were fu lly restored; hence, the Ministry of Commerce, Industry and Trade 
(MCIT), in the spirit of private - and public -sector partnership, undertook the development of a 
national AGOA Utilization Strategy and Action Plan which was eventually launched in February 2 021." 
 
1. It would be useful to have some details on how the national AGOA utilization strategy launched 
in 2021 intends to maximize trade and investment with the U.S.  What trends in program utilization 
since the February 2021 launch of the Action Plan has th e Government observed?  
Eswatini:  
• Eswatini economy is Agro -based and we have seen Government initiatives that strengthen 
and support SPS and TBT Structures (Standards with organizations such as SWASA to 
assist companies target AGOA. Some assistance program mes focus on certification and 
accreditation to US standards and product requirements for entry into AGOA.  
• Government has also set up structures such as the National AGOA Steering Committee 
which works hand in hand with the National Trade Facilitation Committee, AGOA 
Secretariat and Technical Working groups with members drawn from private sectors 
earmarked for AGOA; with  full participation by Business Membership Organisations 
(BMOs) and Trade Promotion Service Providers (TPSPs)  
• Government s upport and facilitate participation of locally -groomed companies like Far 
East Textile, Black Mamba Foods, Eswatini Kitchen, Fair & Square, and others by 
participating in US Trade Missions  
• Recent trends have been the increased listing on online trade platf orms such as 
Amazon.com of products from Eswatini where US consumers now place orders and are 
supplied through such business channels.  
 
Page 22 Paragraph 3.1: "Eswatini finalized its Industrial Development Policy (IDP) for the period 
2015-22 which sets out  what the country intends to achieve (the vision, mission, objectives, policy 
interventions and strategies) in the area of industrial and trade development " 
 
2. While the objective of Eswatini 's IDP are clear in paragraph 3.2, it is less clear how Eswatini 
plans to achieve those objectives. What tools will Eswatini use to boost industrial and trade 
development?  
Eswatini: Industrial and trade development remains key in national development and the 
following strategies are being applied;  
• The ongoing programmes by the National Trade Facilitation Committee  
• Development and implementation of National Export Strategy  
• Review of current Investment & Trade Policies  
• Implementation of the Industrial Development Policy  
• Review of current legislations such as the SEZ Act, EIPA Act, and others that speak to 
business like the Citizen Empowerment Bill  WT/TPR/M/447/Add.1  
 
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  • Review of current investment incentives and the uptake on existing trade agreements.  
• Currently Eswatini is also setting up and SBR Structure that will report directly to the 
Prime Minister which will also boost industrial and trade development in the country as 
the private sector will have a platform to directly address their business concerns and 
input to the Prime Minister's office.  
•  
Page 23, Paragraph 3.8 :  
3. Eswatini listed the "Liberalization of trade in services to accelerate industrialization " as one of 
its strategic areas of focus under the Industrial Development Policy. Can Eswatini elaborate on the 
measures that it intends to take to liberalize its servi ces sector?  
Eswatini:  In seeking to maximize her opportunities for international trade, Eswatini has been 
engaged in regional and multilateral trade in services negotiations. At the multilateral level, 
Eswatini is a member of the World Trade Organization ( WTO) since 1995 and has made some 
commitments under the GATS in three sectors (Business, Health Related & Social Services and 
Tourism & travel related services).  
At the regional level, Eswatini is negotiating trade in services under SADC, COMESA, AfCTFA 
and Tripartite level (COMESA -EAC-SADC). Negotiations at the Tripartite level have just 
commenced (still developing the draft text). The negotiations under COMESA and SADC 
involve common six priority services sectors, namely Transport, Communication, Tourism,  
Financial, Energy and Related services and Construction and Related -Engineering services. 
COMESA has an additional sector, Business, identified as the seventh priority sector. For SADC, 
Business services are negotiated under phase 2 negotiations which hav e already commenced. 
Negotiations under SADC have been concluded in the six (6) priority sectors. The schedules 
have already been endorsed and Member States are undertaking the necessary processes to 
begin implementation. The same applies for COMESA and Af CFTA. The AfCFTA covers five 
priority sectors namely Business, Transport, Communication, Tourism and Financial services. 
COMESA finalised negotiations in the first four sectors and negotiations in the 3 remaining 
sectors for the first round have commenced.  The schedule of commitments in both SADC and 
the AfCFTA will be accompanied by regulatory frameworks as agreed in the Protocols and these 
will be an integral part of the Protocol on Trade in Services. In all these RECs the negotiations 
will ultimately cov er all the twelve (12) priority services sectors as in W/120 and it is only that 
liberalisation is being done progressively. It is important to note that Eswatini is very interested 
in attracting foreign investment in the services sector so as to diversify  her economy.  
Lesotho  
Page 34, paragraph 5.22 : The Government Report notes that Lesotho reviewed its national 
development policies, strategies and plans in 2022.  
1. Please provide additional details on the main intellectual property areas in need of revision  
and updating that Lesotho identified in its 2022 review of national intellectual property policies, 
strategies, and plans.  
Page 35 Paragraph 6.8:  "Lesotho has benefited significantly under the AGOA dispensation 
especially in the textiles and clothing sec tor. The sector has become one of the highest employers in 
Lesotho since AGOA entered into force in 2000. Lesotho had developed the National AGOA Response 
Strategy and Action Plan but revised it for the period, 2019 -25. The Strategy focuses on export 
diversification to increase her market share and take full advantage of AGOA by minimizing reliance 
on textiles and apparel products. " 
2. Noting that the AGOA Utilization Strategy focuses on export diversification, what other 
products does the country plan to incr ease production of for export to the U.S. market?  
Namibia  
Page 44, Paragraph 5.11 : The Government Report states that BIPA is leading Namibia's 
involvement in negotiations in the current rounds of the AfCFTA IP Protocol negotiations.  
 
1. What is the status of those negotiations with respect to the Protocol and related Annexes?  
Namibia:  The IP protocol under AfCFTA has in principle been adopted by Heads of State in 
early 2023. However, it was explicitly agreed that although the protocol was adopted, the WT/TPR/M/447/Add.1  
 
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  annexes would be negotiated separately. The negotiations are ongoing with the Ministry of 
Industrialization and Trade leading Namibia in this exercise.  
Page 48 Paragraph 11.5:  "Namibia is designated is an eligible Sub -Saharan African country 
benefiting from the Africa Growth Opportunity Act (AGOA) which provides preferential market access 
into the United State of America under a unilateral trade arrangement. Namibia developed and 
launched her AGOA utilization strategy on 10 May 2021. The aim of the Strategy is to increase 
Namibian exports to the USA. During the period under review Namibia tra ded under the AGOA 
arrangement, as a result products were exported to the United States market such as beef, charcoal, 
beer and marble granite. " 
 
2. Apart from increasing volumes of existing products, are there plans to expand trade by 
exporting new products? If so, what are some of these products?  
Namibia:  Namibia plans to undertake a market study in November 2023 to establish the 
impact of the market access provided for under AGOA on the Namibian economy since the 
launch of the AGOA Utilization Stra tegy in 2021. The study will develop an exporter's 
profile/database to identify the exporters, type of products traded as well as 
challenges/opportunities under AGOA. Therefore, at this stage Namibia cannot indicate specific 
products for exports.  
_________ _