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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992  GOVERNMENT NOTICE  
 
MINISTRY OF AGRICULTURE, WATER AND LAND REFORM  
 
No.           2022 
 
REGULATIONS RELATING TO THE TRANSIT OF CONTROLLED PRODUCTS: 
AGRONOMIC INDUSTRY ACT, 1992  
 
Under section 24(1) of the Agronomic Industry Act, 1992 (Act No. 20 of 1992), after 
consultation with the Namibian Agronomic Board, I – 
 
a) have made the regulations, compliance with which has been made compulsory in terms of 
section 24 of that Act, as set out in t he Schedule; and  
 
b) determine that the regulations come into effect on xxx date.  
 
CARL-HERMANN G.  SCHLE TTWEIN , MP  
MINISTER FOR AGRICULTURE, WATER AND LAND REFORM  
 
         Windhoek,  2022 
     
 
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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992   
SCHEDULE  
 
 
ARRANGEMENT OF REGULATIONS  
 
 
 
1. Definitions  
2. Purpose  
3. Scope  
4. Requirements under this regulation  
5. Withdrawal of registration  
6. Surveillance  
7. Levies & Fees  
8. Confidentiality  
9. Prohibitions  
10. Restrictions  
11. Offences and penalties  
12. Appeals  
13. Annexures  
 
 
 
1. DEFINITIONS  
Note: This section could include explanations for:  
a. Definitions,  
b. Acronyms,  
c. Abbreviations, and  
d. Interpretations  
 
In these regulations, a word or an expression to which a meaning has been given in the Act has 
that meaning, and unless context otherwise indicates – 
 
“AMID” means the computer system of the Board , named Agricu ltural Marketing Information 
Database , or any other system in use by the Board from time to time . 
“Board” means the Namibian Agronomic Board established by section 3(1) of the Agronomic 
Industry Act, Act 20 of 1992  
“border control inspector” means an employee of the Board  with responsibility to verify 
whether all the requirements of the in -transit permit have been met, prior to clearing controlled 
products for transit through Namibia.  
“border receipt” means a documen t issued at both port of entry and exit by the border control 
inspector to confirm that the consignment was cleared for transit through Namibia, and it has 
exited  
“carrying unit”  means  a ship, shipping container, truck, trailer or any other item, or equip ment, 
used in the conveyance of a controlled product.  
“compliance inspector” means an employee of the Board , with responsibility to inspect – and 
make decisions or recommendations on - controlled products     
 
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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992  “concession” means the action of granting a relaxat ion of applicable requirements  
“consignment”  means a quantity of product, grouped together by similarity and documented in 
a single document, showing unambiguous detail contained therein and destined for delivery to 
a permit holder . 
“controlled product”  means an agronomic crop or agronomic product to which the provisions 
of the Act apply.  
“entity” means any natural person, company, group or association.  
“inspection” means the determination of conformity to specified requirements.  
“inspector” means a person appointed as an Inspector of controlled products by the Board under 
subsection 1 of Section 13 of the Agronomic Industry Act, 1992 (Act 20 of 1992).  
“Minister”  means  the Minister for Agriculture, Water and Land Reform  
“M.I.S.”  means  a Management Informatio n System, which combines data from various sources 
and produces information to assist the Board in decision -making and statistical reporting.  
“mutual recognition agreement” means an international agreement by which two or more 
countries agree to recognize one another's conformity assessments results.  
“MRA” means a Mutual Recognition Agreement  
“NAB’s Website” means the N.A.B.’s website, located at www.nab.com.na . 
“NamRA” means the Namibia Revenue Agency.  
“overstay” means extension of the official period allowed for transit products to exit the 
country  
“port of entry”  means  the place in Namibia at which a consignment will arrive from a country 
of export. This could be a sea port, an airport or a border post for road a nd/or rail products.  
“port of exit” means the place in Namibia where a consignment will leave the country.  
“the Act” means the Agronomic Industry Act, 1992 (Act 20 of 1992).  
“transiter” any person or company that transports controlled agronomic or horticul tural 
products through Namibia to other countries  
“transit” means products, originating in a country outside of Namibia and passing through 
Namibia to another country  
“transloading” means is the process of transferring a shipment from one mode of 
transport ation to another.  
 
 
2. PURPOSE (OBJECTIVE)  
To ensure that controlled products, in -transit through Namibia destined to other countries, 
comply with the provisions of these regulations.  
 
 
3. SCOPE  
These regulations apply to controlled products, in transit through  Namibia.  
 
 
4. REQUIREMENTS UNDER THIS REGULATION  
 
4.1 Registration  
4.1.1  All traders, involved with consignments of controlled products through Namibia to 
another country, shall be re quired to register with the Board on application and in the 
prescribed for m, as per section 10(10(j) of the Agronomic Industry Act (Act 20 of 
1992).     
 
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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992  4.2 Transit Permits  
4.2.1  Registered transiters shall have a valid transit permit, issued by the Board after 
successful application, for all controlled products intended for transit through 
the Republic of Namibia  on application and in the prescribed from.  
4.2.2 In transit consignments shall exit Namibia within 48 (forty -eight) hours after 
the date – and time – recorded on the border receipt.  
4.2.3 Should a concession, for extended overstay, be requested, it shall be done in 
writing to the Board  on the prescribed form and will be considered on the merits 
thereof and, if allowed, the consignment shall be housed in a bonded area and 
additional fees may  be applicable.  
 
4.3  Inspection  
4.3.1  Transiters shall inform the Border Control Inspectorate Sub -division, in writing, 
at least 24 ( twenty -four) hours in  advance of the expected arrival of the product 
at that port of entry , using the prescribed form . This a rrangement only applies 
to ports of entry and exit where the Board has no representation.   
4.3.2  At the port of entry the Border Control Inspector will verify the documentation 
of all consignments of controlled products to ensure that these regulations , other 
permit conditions and applicable MRA are complied with.  
4.3.3  The documentation verification will include:  
(a) A valid transit permit, in the name of the registered transiter.  
(b) Supplier invoice for applicable controlled agronomic and horticultural 
products.  
(c) A phyto -sanitary certificate, where applicable.  
(d) A certificate of conformity, issued by a conformity assessment body in 
the country of the product’s origin.  
(e) An analytical report on mycotoxins, where applicable, issued by an 
accredited laboratory.  
(f) A certified copy of the producers G.A.P. certificate, where applicable.  
(g) A certified copy of the FSMS certificate, of the packing facility, in the 
country of origin, where applicable.  
(h) A report on pesticide levels from an accredited laboratory in the country 
of origin of the product, to ensure compliance with M.R.L.’s, where 
applicable.   
(i) A grading certificate, where applicable.  
(j) Any other requirements contained in the M.O.U. or permit.  
4.3.4  The Border Control Inspector at the port of entry will determine whether the 
consignment meets the requirements of these regulations and additional permit 
requirements, as applicable.  
4.3.5  Border verification results:  
(a) If the consignment  is cleared for transit, a border transit receipt will be 
issued to the transiter by the Inspector as proof of compliance with these 
regulations. The consignment will then be authorised to proceed on its 
journey.  
 (c) If the consignment is rejected, a reje ction report will be issued to the 
transiter. The consignment will be detained until outstanding 
requirements have been met, or disposal instructions have been 
formalised by the transiter.     
 
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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992  (d) The Border Control Inspector will inform the Namibia Revenue A gency 
(NamRA)  of the outcome of the verification process and provide them 
with a copy of the border transit receipt, or rejection report, as 
appropriate.  
4.3.6  The Border Control Inspector will seal the approved carrying unit, which will 
be verified at the  port of exit from Namibia by Border Control Inspectorate Sub -
division, or Compliance Inspectors, if transloading takes place inside Namibia.  
4.3.7  If transloading takes place, the process shall only proceed with a Compliance 
Inspector or a Border Control Inspector in attendance . No transloading will be 
allowed without the presence  of an official from the Board .  
4.3.8  After transloading, the Compliance Inspector or Border Control Inspector will 
seal the carrying unit and the seal will be checked by the Bor der Control 
Inspector at the port of exit  
4.3.9  The premises where transloading will take place, will be approved by the Board  
prior to any arrangements taking place. The Board  is not responsible for any 
costs incurred by the transiter, should the premises  not be approved by the 
Board . 
4.3.10  Legible copies of all documentation used in the inspection process will be 
collated by the Compliance Inspector and/or Border Control Inspector and used 
for input into the AMID system and the M.I.S., where applicable a nd then filed 
appropriately for a period of three years.  
4.3.11  All documentation relevant to the transit of a controlled product shall be 
maintained by the transiter for three years and information required by Board  
shall be submitted without delay.  
 
 
5. WITHDRAWAL OF REGISTRATION  
5.1 Registration as a transiter will be withdrawn if:  
(a)  The registered transiter is found guilty of an offence in accordance with clause 
11 of these regulations.  
(b)  The registered transiter is declared insolvent in terms of  the Insolvency Act (Act 
24 of 1936).  
(c)  The registered entity ceases to exist, or the individual, who is registered, passes 
away.  
(d) If the transiter fails to pay outstanding debt to  the Board . 
(e) It is found that inferior quality products, or products unsafe for human 
consumption, are transhipped.  
 
 
6. SURVEILLANCE  
This clause is not applicable to products in -transit.  
 
 
7. LEVIES & FEES  
 
7.1 Fees shall be charged for the application and issuance of in -transit permit for controlled 
products, as determin ed by the Board from time to time . 
    
 
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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992  7.2 Where the products are stored in a non-bonded area, after a concession for overstay has 
been granted by the Board , inspection fees may be raised for the period of overstay and 
monitoring actions by inspectors of the Board . 
 
7.3 In cases where the product is transloaded, inspection fees will be charged .  
 
 
8. CONFIDENTIALITY  
8.1 All employees of the Board  are bound by confidentiality and will not disclose any detail 
of communication, transactions or decisions, taken to a third party, save with the 
approval of the party involved.  
8.2 Transiters shall respect the confidentiality requirements involved in tran sactions and 
shall not disclose any part of the process, including transactions and decisions, to third 
parties, save with the written approval of the Board . 
 
 
9. PROHIBITIONS  
The Minister may prohibit the transit of certain controlled products  to certain de stinations , on 
issues r elate d to phytosanitary measures . These prohibitions will be published in the 
Government Gazette and transiters are responsible to acquaint themselves with existing 
prohibitions, if applicable.  
 
 
10. RESTRICTIONS  
The Minister may restrict the transit of certain controlled products  to certain destinations , on 
issues related to phytosanitary measures.  These restrictions will be published in the 
Government Gazette and transiters are responsible to acquaint themselves with existing 
restrictions, if applicable.  
 
 
11. OFFENCES AND PENALTIES   
11.1 If controlled agronomic and horticultural products in transit do not comply with this 
regulation, the person responsible for the transhipment commits an offence and on 
conviction is liable to a f ine or imprisonment or to both such fine and such 
imprisonment.  
11.2 Any violations of these regulations shall be dealt with in accordance with Section 22 of 
Agronomic Industry Act 20 of 1992 and any other applicable rules and procedures 
issued in terms of  the Act or Directives.  
11.3 The penalties applicable to offences are shown in the table in 13. 4 - Annexure D 
 
 
12. APPEALS  
All appeals on the decision of the Board  made in regard to these regulations, shall be made in 
accordance with Section 11 of the Agronomic Industry Act 20 of 1992 and the Appeals 
Procedure.  
 
 
    
 
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 Regulations relating to the transit  of controlled products: Agronomic Industry Act, 1992  13. ANNEXURES  
 
13.1 Annexure A – Registration of tra ders – Application form  
13.2 Annexure B – Notification of arrival of consignment  
13.3 Annexure C – Appeals Procedure  
13.4 Annexure D - Offences and Pen alties