WORLD TRADE  
ORGANIZATION  WT/REG176/4 
12 March 2007 
 
 (07-1033) 
Committee on Regional Trade Agreements  
  
 
  
 
FACTUAL PRESENTATION 
 
Protocol on Trade in the Southern African 
Development Community (SADC) 
 
Report by the Secretariat 
 
 
 
 
  
This report, prepared for the examination of  the Protocol on Trade in the Southern 
African Development Community (SADC) has been drawn up by the WTO Secretariat 
on its own responsibility.  The report was re quested by the Parties and prepared in 
consultation with them in accordance with the Guidelines on Procedures to Improve and 
Facilitate the Examination Process (document WT/REG/W/15/Add.1).  
 Any technical questions arising from this report may be addressed to                           
Ms. Jo-Ann Crawford (tel:  022/739 5422) or Mr. Luis Verdeja (tel: 022/739 5244). 
 
  WT/REG176/4 
Page iii 
  
   
  TABLE OF CONTENTS 
Page 
 
I. TRADE ENVIRONMENT 1  
II. TREATY CHARACTER ISTIC ELEMENTS 5  
A. B ACKGROUND INFORMATION  5 
B. N ATIONAL TREATMENT AND MARKET ACCESS PROVISIONS OF THE AGREEMENT  6 
1. Import duties and charges, and quantitative restrictions 6  
(a) General provisions 6 
(b) Liberalization of tariffs and trade by SADC members towards other 
SADC members 7 
(c) Tariff liberalization by SA CU members towards other SADC 
members 11 
(d) Overall liberalization by SADC  members within the SADC Trade 
Protocol 11 
2. Liberalization by HS Section 11  
(a) Malawi's liberalization scheme 11 
(b) Mauritius' liberalization scheme 12 
(c) Mozambique's liberalization scheme 12 (d) SACU's liberalization scheme 13 
(e) Tanzania's liberalization scheme 14 
(f) Zambia's liberalization scheme 15 (g) Zimbabwe's liberalization scheme 15 
3. Rules of origin 17  
4. Export duties and charges, and quantitative restrictions 19  
C. R
EGULATORY PROVISIONS OF THE AGREEMENT  19 
1. Standards 19  
(a) Standards-related measures 19 
(b) Sanitary and phytosanitary (SPS) measures 20 
2. Safeguard mechanisms 20  
(a) Regional safeguard 20 
(b) Protection of infant industries 20 
3. Anti-dumping 20  
4. Subsidies and countervailing measures 20  
5. Other regulations 21  
(a) Customs-related procedures 21 
(b) Competition policy 22 
(c) Government procurement 22 
(d) Intellectual property 22 (e) Trade development 22 
D. S
ECTOR -SPECIFIC PROVISIONS OF THE AGREEMENT  22 
E. G ENERAL PROVISIONS OF THE AGREEMENT  23 
1. Exceptions and reservations 23  
2. Accession 23  
3. Institutional framework 23  
4. Dispute settlement 23  
5. Relationship with other agreements concluded by the Parties 25  
ANNEX   26 
 Indicators of trade liberalization under the SADC Trade Protocol 26 
 WT/REG176/4 
Page iv  
 
   WT/REG176/4 
Page 1 
  
   
  I. TRADE ENVIRONMENT 
1. The Parties to the Protocol on Trade (hereafter the Trade Protocol or Protocol) of the 
Southern African Development Community (SADC ) are Angola, Botswana, Lesotho, Madagascar, 
Malawi, Mauritius, Mozambique, Namibia, Sout h Africa, Swaziland, the United Republic of 
Tanzania, Zambia and Zimbabwe.1  Intra-SADC imports and e xports (excluding South Africa) 
separately amounted to about US$1 billion in 2004.  If  intra-trade with South Africa is included, these 
figures increase to US$10.4 billion and US$7.8 billion, respectively.  Developments in intra-SADC 
trade in recent years are pictured in Chart I.1 below.2 
024681012
2000 2001 2002 2003 2004024681012Chart I.1
SADC, Intra-SADC trade, 2000-04
Data for 2004 does not include Lesotho and Namibia.
UNSD, Comtrade database and Data provided by the Parties.US$ billion US$ billion
Left-hand scale: Right-hand scale:
Imports from SADC  excluding South Africa Exports to SADC excluding South Africa Imports from SADC Exports to SADC
Note: 
      
Source: 
 
2. Extra-SADC imports and exports (excluding South Africa as both a reporter and partner) 
accounted for US$11.7 and US$7.7 billion, respectively.  If the extra-trade of South Africa is 
included, these figures increase to US$59.4 billion and US$47.9 billion, respectively.  Developments 
in extra-SADC trade in recent years are pictured in Chart I.2 below.  
 
                                                      
1 The Democratic Republic of Congo is a member of SADC, but is not a Party to the Trade 
Protocol.  Angola has not yet submitted its  tariff offers to other SADC members. 
2 Data for all SADC members, except for Angola, Democratic Republic of Congo and 
Madagascar, are included, where available. WT/REG176/4 
Page 2  
 
  051015202530354045505560
2000 2001 2002 2003 2004051015202530354045505560Chart I.2
SADC,  Extra-SADC trade, 2000-04
Data for 2003 does not include Lesotho, Mozambique, Swaziland and Zimbabwe. Data for 2004 does     
not include Botswana, Lesotho, Mozambique, Namibia, and Swaziland.UN SD , Comtrade database.US$ billion US$ billion
Imports from WorldImports from World  
excluding South Afri caLeft-hand scale:
Exports to WorldExports to World 
ex cluding South Africa Right-hand scale:
Note:  
Source:  
3. The commodity structure of trade among the Par ties and with the world is shown in Chart I.3 
(for Botswana, Lesotho, Madagascar, Malawi, Ma uritius and Mozambique) and in Chart I.4 (for 
Namibia, South Africa, Swaziland, Tanzania, Zamb ia and Zimbabwe), on the basis of Harmonized 
System (HS) sections.3     
4. In terms of intra-SADC imports, the top four most common product categories among the 
12 SADC members for which data were availabl e are minerals, machinery, base metals, and 
chemicals.  In terms of global imports, machin ery appears in the top three most common product 
categories for all SADC members except Lesotho and S outh Africa.  In terms of global exports, in the 
case of Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Swaziland, and Zambia, a 
single product category accounts for at least 47 per cent of total global exports.  Of the remaining four 
countries, South Africa's global exports are the mo st diversified, followed by those of Namibia, 
Zimbabwe and Tanzania. 
  
                                                     
 
3 Data for Angola was unavailable.  For the other SADC members, data is presented 
depending on the availability.  WT/REG176/4 
 Page 3 
 
 
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal 
importsGlobal  
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exportsChart I.3
Product composition of merchandise trade for Botswana, Lesotho, Madagascar, Malawi, Mauritius and Mozambique
Source :  UNSD, Comtrade database.Botswana ( 2001-03) Lesotho (2000-02)
Mauritius (2001-03) Mozambique (2000-02)Madagascar (2001-03) Malawi (2001-03)
Chemicals Mineral products Animal products Prepared foods Vegetables
Footwear Textiles Pulp of wood Plastic, rubber Pearls Base metals
Vehicles Machinery Other Not classified
 
 
 WT/REG176/4 
Page 4  
 
  0% 20% 40% 60% 80% 100%Imports from
SADCGlobal 
importsGlobal  
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exports
0% 20% 40% 60% 80% 100%Imports from
SADCGlobal
importsGlobal
exportsChart I.4
Commodity composition of  merchandise trade for Namibia, South Africa, 
Swaziland , Tanzania , Zambia , and Zimbabwe
Source :  UNSD, Comtrade database.Namibia (2001-03) South Africa (2001-03)
Zambia (2001-03) Zimbabwe (2001, 2002, Swaziland (2000-02) Tanzania (2003)
Chemicals Mineral products Animal products Prepared foods Vegetables
Footwear Textiles Pulp of wood Plastic, rubber Pearls Base metals
Vehicles Machinery Other Not classified
 
  WT/REG176/4 
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II. TREATY CHARACTERISTIC ELEMENTS 
A. BACKGROUND INFORMATION  
5. The Protocol on Trade in the Southern African Development Community was signed on 
24 August 1996 by the Governments of Botswana , Lesotho, Malawi, Mauritius, Mozambique, 
Namibia, South Africa, Swaziland, the United Re public of Tanzania, Zambia and Zimbabwe;  it 
entered into force on 25 January 2000.  An Amendm ent Protocol was adopted and entered into force 
on 7 August 2000.  However actual implementation of the provisions  of the Protocol and the 
Amendment Protocol commenced on 1 Septem ber 2000.  The governments of Angola and 
Madagascar acceded to both Protocols on 26 Septem ber 2003 and 21 February 2006, respectively.  
The SADC Trade Protocol includes the five me mbers of the Southern African Customs Union 
(SACU) as shown in Map 1 below. 
Map I:  Southern Africa showing memberships in SADC and SACU 
 
6. The Trade Protocol was concluded within the framework of the Southern African 
Development Community, established by the Treaty of  Windhoek of 1992.  Article 22 of the Treaty 
establishing the SADC explicitly provides for the c onclusion of protocols in the various areas of 
cooperation between SADC member States.   
7. On 2 August 2004, the Parties notified the Protocol on Trade in the Southern African 
Development Community and the Amending Agre ement to the Protocol to the WTO under 
Article XXIV:7(a) of the GATT 1994, as ai ming at establishing a free trade area 
(WT/REG176/N/1/Rev.1).  The terms of reference fo r the examination of the Protocol were adopted 
by the Council for Trade in Goods on 1 October 200 4 (WT/REG176/3).  The text of the Protocol and 
the Amendment Protocol were circulated to WTO Members as documents WT/REG176/1 and 
WT/REG176/2/Rev.1, and are also available, togeth er with their Annexes, on the SADC's official 
website (http://www.sadc.int). WT/REG176/4 
Page 6  
 
  Box II.1:   The contents of the Protocol 
Part 1  Definitions and Objectives 
Part 2  Trade in Goods 
Part 3  Customs Procedures 
Part 4  Trade Laws Part 5  Trade Related Investment Matters 
Part 6  Other Trade Related Issues 
Part 7  Other Substantive Provisions 
Part 8  Trade Relations Among Member  States and with Third Countries 
Part 9   Institutional Arrangements and Dispute Settlement Provisions 
8. The Protocol contains seven annexes.  Annex I contains product specific rules of origin;  
Annex II concerns customs co-operation;  Annex III  deals with simplification and harmonization of 
trade documentation and procedures;  Annex IV co ncerns transit, and Annex V deals with trade 
development.  Related to the Trade Protocol are Annex VI which deals with dispute settlement and  
Annex VII which covers trade in sugar.  Annexes VI and VII have been subsequently amended but 
not yet legally adopted. 
9. The Protocol sets an eight-year transition period after entry into force of the Protocol 
(Article 3.1(b)) for the completion of the free-tr ade area.  However, asymmetric time frames are 
foreseen depending on the level of development of th e country concerned.  According to the tariff 
schedules submitted by the SADC members, by 20 12 the implementation of the Agreement will be 
fully complete for all countries except Mozambique, which will complete its implementation by 2015. 
B. NATIONAL TREATMENT AND MARKET ACCESS PROVISIONS OF THE AGREEMENT  
1. Import duties and charges, and quantitative restrictions 
(a) General provisions 
10. Each Party accords national treatment to all goods  traded within the Community in respect of 
all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, 
transportation, distribution or use (Article 11). 
11. Article 4 calls for a phased reduction and eventu al elimination of import duties and charges 
having equivalent effect;  it also prevents the Par ties from raising existing duties beyond their level at 
entry into force; and allows for the imposition of acr oss-the board internal charges and the application 
of fees commensurate to services rendered.  The reduction of customs duties should be accompanied 
by an industrialization strategy to improve comp etitiveness, and the Council of Ministers responsible 
for trade matters (CMT) can adopt measures to facilitate adjustment.4  Similarly, the Parties cannot 
introduce new quantitative restrictions on imports , and will phase out existing restrictions in 
conformity with their agreed schedules (Article 7).  The Parties may apply a quota system, provided 
that the tariff rate under such a quota is lower that the rate applied under the Protocol.  The Parties 
undertake to adopt policies and measures to eliminate all existing NTBs to intra-SADC trade, and not 
to introduce new ones.5  
                                                      
4 According to the SADC Secretariat, no speci al measures have been adopted to facilitate 
adjustment by any Member to the reduction of duties. 
5 According to the SADC Secretariat, inventory studies on NTBs in member states have been 
carried out and recommendations from a regional wo rkshop held in November 2006 on an action plan 
for the elimination of key NTBs should be  approved and adopted in March 2007.    WT/REG176/4 
 Page 7 
 
 
(b) Liberalization of tariffs and trade by SADC members towards other SADC members6 
12. Each non-SACU SADC member of the Protocol submitted two tariff offers based on the HS 
1996 coding system:  one applicable to all SADC me mbers except South Africa (RSA);  and the other 
applicable to South Africa.7  SACU members submitted a single offer applicable to non-SACU 
members.  In addition, SADC members also submit gazetted tariff schedules at the beginning of each 
year which are used to implement tariff offers.  Chart II.1 shows duty elimination in terms of tariff 
line and trade applied by Malawi, Mauritius, Mozam bique, Tanzania, Zambia and Zimbabwe towards 
other SADC members excluding South Africa, while  Chart II.2 shows duty elimination for the same 
countries vis-à-vis  RSA.8   
13. Upon entry into force of the Agreement, 33.4 per cent of Malawi 's total tariff lines9 were 
duty-free for products of SADC origin (ex cept RSA);  in terms of 2002-2004 imports from 
SADC members (excluding RSA), the corresponding figure amounts to 24.0 per cent.10  By the end of 
the implementation period (2012), these figures increase to 99.6 and 84.3 per cent, respectively.  In 
terms of treatment applied by Malawi to South Africa, upon entry into force of the Agreement, 
33.4 per cent of Malawi's total tariff lines were dut y-free for products of South African origin;  in 
terms of 2002-2004 imports from South Africa, the corresponding figure amounts to 24.9 per cent.11  
By the end of the implementation period (2012), th ese figures increase to 99.7 per cent and 87.7 per 
cent, respectively.   
14. Upon entry into force, 69.7 per cent of Mauritius ' total tariff lines12 were duty-free for 
products of SADC origin (except RSA);  in terms of 2002-2004 imports from SADC members 
(excluding RSA), the corresponding figure amounts to 40.3 per cent.13  By the end of the 
                                                      
6 According to the SADC Secretariat, Angola is preparing its tariff offer, and Madagascar's 
tariff offer was accepted by SADC Trade Ministers in October 2006.  However its implementation is 
currently stalled due to outstanding consultations  on specific requests for improved market access 
submitted by Lesotho and Namibia.  Subsequent refe rences to SADC members in the context of trade 
liberalization do not apply to Angola or Madagascar. 
7 Some SADC members have upgraded these offe rs to HS 2002 which has created some 
difficulty with regard to the status of implementa tion and matching the original tariff offer with the 
new coding system.  Tariff schedules used for calcula tions in the factual presentation are the original 
(HS 1996) schedules, unless otherwise stated.  Base rate years used for implementing tariff 
liberalization differ and are noted for each Party. 
8 Trade figures were provided by the SADC S ecretariat.  Given the change from HS1996 to 
2002, some trade data (based on HS 2002) was unmatc hed with the HS-96 tariff schedules.  In these 
instances an attempt was made to match trade and tari ffs at the HS six-digit level.  The percentages 
for tariff line liberalization presented in this section ar e slightly overstated, si nce in some cases there 
was trade, but no corresponding tariff line.  On the other hand, the percentages of trade liberalized 
presented in this section are slightly understated, since the figures are expressed as a percentage of all trade including unmatched tariff lines.  
9 Malawi's tariff schedules applied to SADC members and to RSA are each composed of 
5,443 tariff lines at the HS 8-digit level.  All lines contain ad valorem  rates.  The base rates used by 
Malawi for implementation of tariff liberalization are MFN 1998 rates. 
10 Trade figures are based on the average value of Malawi's imports from SADC members 
(excluding RSA) in 2002-2004, involving 2,606 tariff lines (47.9 per cent of total tariff lines). 
11 Trade figures are based on the average value of Malawi's imports from South Africa in 
2002-2004, involving 4,381 tariff lines (80.1 per cent of total tariff lines). 
12 Mauritius' tariff schedules applied to SADC members and to RSA are each composed of 
5,479 tariff lines at the HS-8 digit level.  All lines contain ad valorem  rates.  The base rates used by 
Mauritius for implementation of tariff liberalization are MFN 1999 rates. 
13 Trade figures are based on the average valu e of Mauritius' imports from SADC Members 
(excluding RSA) in 2002-2004, involving 445 tariff lines (8.1 per cent of total tariff lines). WT/REG176/4 
Page 8  
 
  implementation period (2012), these figures increase to  100 and 96.4 per cent, respectively.  In terms 
of treatment applied by Mauritius to South Africa,  upon entry into force of the Agreement, 69.4 per 
cent of Mauritius' total tariff lines were duty-free for products of South African origin;  in terms of 
2002-2004 imports from South Africa, the corresponding figure amounts to 53.6 per cent.
14  By the 
end of the implementation period (2012), these fi gures increase to 100 per cent and 89.7 per cent, 
respectively.   
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%Tariff linesTradeTariff linesTradeTariff linesTradeTariff linesTradeTariff linesTradeTariff linesTradeMalawi Mauritius Mozambique Tanzania Zambia Zimbabwe
EIF Mid-term End of implementation periodChart II.1
SADC, Duty elimination towards imports from other SADC members (excluding RSA)
Source:  WTO Secretariat, based on tariff schedules provided by the Parties.Percentage liberalized
 
15. Upon entry into force, 30 per cent of Mozambique 's total tariff lines15 were duty-free for 
products of SADC origin (except RSA);  in terms of 2002-2004 imports from SADC members 
                                                      
14 Trade figures are based on the average valu e of Mauritius' imports from South Africa in 
2002-2004, involving 3,739 tariff lines (68.2 per cent of total tariff lines). 
15 Mozambique's tariff schedules applied to SADC members and to RSA are each composed 
of 5,246 tariff lines at the HS 8-digit level.  All lines contain ad valorem  rates.  The base rates used by 
Mozambique for implementation of tariff liberalization are MFN 1998 rates.  WT/REG176/4 
 Page 9 
 
 
(excluding RSA), the corresponding figure amounts to 53.2 per cent.16  By the end of the 
implementation period (2012), these figures increase to 99.5 and 99.7 per cent, respectively.  In terms 
of treatment applied by Mozambique to South Africa, upon entry into force of the Agreement, 
28.1 per cent of Mozambique's total tariff lines were duty-free for products of South African origin;  
in terms of 2002-2004 imports from South Africa, the corresponding figure amounts to 
22.2 per cent17.  By the end of the implementation period (2015), these figures increase to 99.6 per 
cent and 81.6 per cent, respectively.   
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%Tariff linesTradeTariff linesTradeTariff linesTradeTariff linesTradeTariff linesTradeTariff linesTradeMalawi Mauritius Mozambique Tanzania Zambia Zimbabwe
EIF Mid-term End of implementation periodChart II.2
SADC:  Duty elimination towards imports from RSA only
Source: WTO Secretariat, based on tariff schedules provided by the PartiesPercentage liberalized
 
16. Upon entry into force, 17.5 per cent of Tanzania's  total tariff lines18 were duty-free for 
products of SADC origin (except RSA);  in terms of 2002-2004 imports from SADC members 
                                                      
16 Trade figures are based on the average va lue of Mozambique' imports from SADC 
Members (excluding RSA) in 2002-2004, involving 1,658 tariff lines (31.6 per cent of total tariff lines). 
17  Trade figures are based on the average value of Mozambique's imports from South Africa 
in 2002-2004, involving 4,214 tariff lines (80.3 per cent of total tariff lines). 
18 Tanzania's tariff schedule applied to all SADC  members is composed of 6,215 tariff lines 
(in the case of South Africa, 6,216 tariff lines) at the HS 8-digit level.  All lines contain ad valorem  
rates.  The base rates used  by Tanzania for implementation are MFN 1998 base rates. WT/REG176/4 
Page 10  
 
  (excluding RSA), the corresponding figure amounts to 3.4 per cent.
19  By the end of the 
implementation period (2012), these figures increase to 99.2 per cent and 99.6 per cent, respectively.  In terms of treatment applied by Tanzania to S outh Africa, upon entry into force of the Agreement, 
18.4 per cent of Tanzania's total tariff lines were dut y-free for products of South African origin;  in 
terms of 2002-2004 imports from South Africa, the corresponding figure amounts to 6.2 per cent.
20  
By the end of the implementation period (2012), these figures increase to 81.3 and 92.7 per cent, 
respectively. 
17. Upon entry into force, 54.2 per cent of Zambia 's total tariff lines21 were duty-free for products 
of SADC origin (except RSA);  in terms of  2002-2004 imports from SADC members (excluding 
RSA), the corresponding figure amounts to 44.8 per cent.22  By the end of the implementation period 
(2012), these figures increase to 100 per cent and 89.2 pe r cent, respectively.  In terms of treatment 
applied by Zambia to South Africa, upon entry into force of the Agreement, 32.1 per cent of Zambia's 
total tariff lines were duty-free for products of Sout h African origin;  in terms of 2002-2004 imports 
from South Africa, the corresponding figure amounts to 31 per cent.23  By the end of the 
implementation period (2012), these figures increase to  100 per cent and 91.9 per cent, respectively.   
18. Upon entry into force, 30.7 per cent of Zimbabwe 's total tariff lines24 were duty-free for 
products of SADC origin (except RSA);  in terms of 2002-2004 imports from SADC members 
(excluding RSA), the corresponding figure amounts to 51.6 per cent.25  By the end of the 
implementation period (2012), these figures increase to 98.6 per cent and 73.7 per cent, respectively.  In terms of treatment applied by Zimbabwe to S outh Africa, upon entry into force of the Agreement, 
38.6 per cent of Zimbabwe's total tariff lines
26 were duty-free for products of South African origin;  in 
terms of 2002-2004 imports from South Africa, the corresponding figure amounts to 23.9 per cent.27  
By the end of the implementation period (2011), these figures increase to 99.4 per cent and 79.8 per cent, respectively.   
                                                     
 
19 Trade figures are based on the average of Tanzania's imports from SADC members 
(excluding RSA) in 2002-2004, involving 864 tariff lines (13.9 per cent of total tariff lines). 
20 Trade figures are based on the average of Tanzania's imports from RSA in 2002-2004, 
involving 3,918 tariff lines (63 per cent of total tariff lines). 
21 Zambia's tariff schedules applied to SADC members and to RSA are each composed of 
6,066 tariff lines at the HS 8-digit level.  All lines contain ad valorem  rates.  The base rates used by 
Zambia for implementation of tariff liberalization are MFN 1999.  
22 Trade figures are based on the average value of Zambia's imports from SADC members 
(excluding RSA) in 2002-2004, involving 2,245 tariff lines (37 per cent of total tariff lines). 
23 Trade figures are based on the average value of Zambia's imports from South Africa in 
2002-2004, involving 5,054 tariff lines (83.8 per cent of total tariff lines). 
24 Zimbabwe's tariff schedule applied to SADC members (except RSA) is composed of 7,167 
tariff lines at the HS-8 digit level.  7,091 tariff lines contain ad valorem  rates, while the remaining 76 
lines contain specific or mixed duties. 
25 Trade figures are based on the average value of Zimbabwe's imports from SADC members 
(excluding RSA) in 2002-2004, involving 2,182 tariff lines (30.4 per cent of total tariff lines). 
26 Zimbabwe's tariff schedule applied to RSA is  composed of 5,957 tariff lines at the HS-8 
digit level.  5,932 tariff lines contain ad valorem  rates, while the remaining 25 lines contain specific 
or mixed duties. 
27 Trade figures are based on the average value of Zimbabwe's imports from SADC members 
(excluding RSA) in 2002-2004, involving 5,440 tariff lines (91.3 per cent of total tariff lines).  WT/REG176/4 
 Page 11 
 
 
(c) Tariff liberalization by SACU members towards other SADC members 
19. Upon entry into force of the Agreement, 63.3 per cent of SACU 's total tariff lines28 were 
duty-free for products of SADC origin;  in terms of 2002-2004 imports from SADC members, the corresponding figure amounts to 81.4 per cent.
29  By the end of the implementation period (2006), 
these figures increase to 99.2 and 95.9  per cent, respectively.    
(d) Overall liberalization by SADC member s within the SADC Trade Protocol 
20. A calculation of the liberalization granted by SADC members as a whole within the context 
of the Trade Protocol can be obtained by aggregating the duty-free tariff lines granted by each SADC member (counting SACU members as one).  Th e technique used is a simple average based on 
the total number of tariff lines (at the HS 8-digit level) and the total number of lines liberalized.  
Using this approach, calculations show that the overall liberalization by SADC members amounts to 
40.8 per cent of tariff lines liberalized on entry into  force of the Agreement.  This figure rises to 
99.7 per cent once the Agreement has been fully liber alized (2015 in the case of Mozambique).  In 
terms of trade value (based on average 2002- 2004 import values), overall liberalization by 
SADC members amounts to 36.3 per cent on entry into force; and to 90.9 per cent by the end of the 
implementation period.  
2. Liberalization by HS Section 
(a) Malawi's liberalization scheme 
21. Table II.1 shows, for Malawi vis-à-vis  South Africa and other SADC members, the absolute 
number of HS 8-digit tariff lines which became duty free on entry into force, and those which will become duty free in subsequent years until th e end of the implementation period in 2012. 
Table II.1 
Malawi:  Tariff treatment applied to RSA a nd to other SADC members, by HS Section 
(Number of HS 8-digit tariff lines) 
SADC members (except RSA) RSA 
Duty free in Duty free in HS Section 
2001 2005 2006 2007 2008 2012 2001 2005 2006 2008 2012 
Excluded 
to all 
Total 1,819 1 830 1,992 3 779 1,818 2 73 2,727 804 19 
I Live Animals; Animal 
 Products 81 0 0 9 0 110 81 0 0 2 117 0 
II Vegetable Products 54 0 0 16 0 219 54 0 0 16 219 0 
III Animal or Vegetable Fat, Oils 9 0 0 0 0 37 9 0 0 0 37 0 
IV Prepared Foodstuffs, 
 Beverages  12 0 10 8 0 198 12 0 11 3 202 1 
V Mineral Products 66 0 1 74 0 18 65 0 0 74 20 0 
VI Products of Chem. 
 Industries 659 0 44 90 0 1 659 0 2 132 1 0 
VII Plastics and Articles thereof 25 0 61 130 0 0 25 0 0 191 0 0 
VIII Raw Hides and Skins, 
 Leather  24 0 0 43 0 7 24 0 0 43 7 0 
IX Wood and Articles of wood 3 0 0 80 0 0 3 0 0 80 0 0 
X Pulp of Wood 14 0 10 32 0 101 14 0 0 31 112 0 
XI Textiles and Textile 
 Articles 440 1 60 326 0 9 440 2 55 330 9 0 
XII Footwear, Headgear, 11 0 3 45 0 0 11 0 3 45 0 0 
                                                      
28 SACU's tariff schedule applied to non-SACU SADC members is composed of 7,802 tariff 
lines at the HS 8-digit level.  5,812 tariff lines contain ad valorem  rates, while 1,990 lines contain 
specific or mixed duties.   
29 Trade figures are based on the average va lue of SACU's imports from non-SACU SADC 
Members in 2002-2004, involving 3,312 tariff lines (42.4 per cent of total tariff lines). WT/REG176/4 
Page 12  
 
   Umbrellas 
XIII Articles of Stone, Plaster 35 0 0 121 0 0 35 0 0 121 0 0 
XIV Natural and Cultured Pearls 2 0 0 53 0 0 2 0 0 53 0 0 
XV Base Metals  197 0 24 384 0 4 197 0 0 408 4 0 
XVI Machinery  8 0 615 278 0 0 8 0 0 895 1 0 
XVII Vehicles, Aircraft, Vessels 55 0 0 33 0 75 55 0 0 33 75 0 
XVIII Optical Equipm ent 118 0 0 136 0 0 118 0 0 136 0 0 
XIX Arms and Ammunition  0 0 0 0 0 0 0 0 0 0 18 
XX Misc. Manufactured 
 Articles 6 0 2 127 0 0 6 0 2 127 0 0 
XXI Works of Art 0 0 0 7 0 0 0 0 0 7 0 0 
XX Misc. Manufactured 
 Articles 0 0 0 0 0 0 0 0 0 0 0 0 
XXI Works of Art 0 0 0 7 0 0 0 0 0 7 0 0 
Source:  WTO Secretariat, based on data  submitted by the Parties. 
(b) Mauritius' liberalization scheme 
22. Table II.2 shows, for Mauritius vis-à-vis  South Africa and other SADC members, the absolute 
number of HS-8 digit tariff lines which became dut y free on entry into force, and these which will 
become duty free in subsequent years until the end of  the implementation period in 2012.  In the case 
of South Africa, 17 tariff lines are freed from duties in 2003 instead of upon entry into force;  in all 
other aspects the tariff liberalization offered is th e same as that offered to other SADC members. 
Table II.2 
Mauritius:  Tariff treatment applied to RS A and to other SADC members, by HS Section 
(Number of HS 8-digit tariff lines) 
SADC members (except RSA) RSA 
Duty free in Duty free in HS Section and description 
2001 2005 2012 2001 2003 2007 2012 
Total 3,821 1,138 520 3,804 17 1,138 520 
I Live Animals; Animal Products 167 32 11 167 0 32 11 
II Vegetable Products 245 30 14 244 1 30 14 
III Animal or Vegetable Fat and Oils 41 0 5 41 0 0 5 
IV Prepared Foodstuffs, Beverages, Spirits 92 39 83 91 1 39 83 
V Mineral Products 143 15 3 143 0 15 3 
VI Products of the Chemical or Allied Industries 702 48 55 695 7 48 55 
VII Plastics and Articles thereof, rubber 102 56 55 102 0 56 55 
VIII Raw Hides and Skins, Leather, Furskins, etc. 56 1 17 56 0 1 17 
IX Wood and Articles of wood 62 10 14 62 0 10 14 
X Pulp of Wood 107 23 37 107 0 23 37 
XI Textiles and Textile Articles 680 151 18 680 0 151 18 
XII Footwear, Headgear, Umbrellas 22 11 26 22 0 11 26 
XIII Articles of Stone, Plaster, Cement 89 60 14 83 6 60 14 
XIV Natural and Cultured Pearls 43 0 11 43 0 0 11 
XV Base Metals and Articles of  Base Metals 343 247 72 343 0 247 72 
XVI Machinery and Mechanical Appliances 571 235 35 571 0 235 35 
XVII Vehicles, Aircraft, Vessels 100 56 11 99 1 56 11 
XVIII Optical, Photographic Equipment 198 44 1 198 0 44 1 
XIX Arms and Ammunition 0 18 0 0 0 18 0 
XX Misc. Manufactured Articles 51 59 38 50 1 59 38 
XXI Works of Art 7 3 0 7 0 3 0 
Source: WTO Secretariat, based on data submitted by the Parties. 
(c) Mozambique's liberalization scheme 
23. Table II.3 shows, for Mozambique vis-à-vis  South Africa and other SADC members, the 
absolute number of HS 8-digit tariff lines which became duty free on entry into force, and those  WT/REG176/4 
 Page 13 
 
 
which will become duty free in subsequent years until the end of the implementation period in 2012 
(2015 in the case of South Africa).     
Table II.3 
Mozambique:  Tariff treatment applied to RSA and to other SADC members, by HS Section 
(Number of HS 8-digit tariff lines) 
SADC members (except RSA) RSA 
Duty free in Duty free in HS Section and description 
2001 2008 2012 Excl. 
2001 2008 2015 Excl. 
Total 1,578 3,351 298 19 1,475 3,382 370 19 
I Live Animals; Animal Products 44 125 42 2 31 133 47 2 
II Vegetable Products 133 142 29 0 120 145 39 0  
III Animal or Vegetable Fat and Oils 14 19 15 0 13 19 16 0  
IV Prepared Foodstuffs, Beverages, Spirits 36 145 16 0 9 146 42 0  
V Mineral Products 118 41 3 0 115 41 6 0  
VI Products of the Chemical Industries 642 139 7 0 638 143 7 0  
VII Plastics and Articles thereof, rubber 104 100 8 0 100 97 15 0  
Table II.3 (cont'd) 
VIII Raw Hides and Skins 15 59 0  0 14 60 0 0  
IX Wood and Articles of wood 16 67 0  0 15 67 1 0  
X Pulp of Wood 37 110 1 0  36 110 2 0  
XI Textiles and Textile Articles 98 616 111 0  78 635 112 0  
XII Footwear, Headgear, Umbrellas 4 53 0 0  2 55 0 0  
XIII Articles of Stone, Plaster, Cement 8 134 5 0  7 135 5 0  
XIV Natural and Cultured Pearls 0  0 0 0 0 52 0 0  
XV Base Metals  154 389 34 0  151 381 45 0  
XVI Machinery and Mechanical Appliances 142 658 14 0  138 662 14 0  
XVII Vehicles, Aircraft, Vessels  138 11 0  0 135 14 0  
XVIII Optical, Photographic Equipment 2 235 0  0 2 235 0  0 
XIX Arms and Ammunition 0  0 0 17 5 0 0  17 
XX Misc. Manufactured Articles 10 122 2 0 1 124 5 0 
XXI Works of Art 1 7 0  0 0 7 0  0 
Source: WTO Secretariat, based on tariff data submitted by the Parties. 
(d) SACU's liberalization scheme 
24. Table II.4 shows, for the SACU countries vis-à-vis  other SADC members, the absolute 
number of HS 8-digit tariff lines which became dut y free on entry into force, and those which will 
become duty free in subsequent years until the end of  the implementation period in 2006.  Textile and 
textile articles, and footwear are in general subject to the longest implementation period. 
Table II.4 
SACU:  Tariff treatment applied to SADC members, by HS Section 
(Number of HS 8-digit tariff lines) 
Duty free in HS Section 
2000 2001 2002 2003 2004 2005 2006 Reduced Excl. 
Total 4,940 43 630 7 359 1,405 360 27 31 
I Live Animals; Animal Products 148 0 53 0 42 0 0 0 0 
II Vegetable Products 271 0 46 0 11 0 0 0 0 
III Animal or Vegetable Fat, Oils 44 0 0 0 11 0 0 0 0 
IV Prepared Foodstuffs, Beverages  147 0 97 0 56 0 0 0 17 
V Mineral Products 173 0 4 0 0 0 0 0 0 
VI Products of Chem. Industries 876 0 42 0 0 0 0 0 0 
VII Plastics and Articles thereof 385 0 61 0 14 0 0 0 0 
VIII Raw Hides and Skins, Leather  55 0 1 0 19 0 0 0 0 
IX Wood and Articles of wood 84 0 8 0 5 0 0 0 0 
X Pulp of Wood 162 0 11 0 0 0 0 0 0 
XI Textiles and Textile Articles 204 0 6 5 174 1402 319 0 5 WT/REG176/4 
Page 14  
 
  Duty free in HS Section 
2000 2001 2002 2003 2004 2005 2006 Reduced Excl. 
XII Footwear, Headgear, Umbrellas 17 0 24 0 8 1 40 0 0 
XIII Articles of Stone, Plaster 185 0 10 0 3 0 0 0 0 
XIV Natural and Cultured Pearls 45 0 15 0 0 0 0 0 0 
XV Base Metals  663 0 83 0 6 0 0 0 0 
XVI Machinery  969 0 90 0 2 0 0 0 0 
XVII Vehicles, Aircraft, Vessels 142 43 0 2 0 0 1 27 0 
XVIII Optical Equipment 240 0 6 0 0 0 0 0 0 
XIX Arms and Ammunition 19 0 10 0 3 0 0 0 0 
XX Misc. Manufactured Articles 102 0 63 0 5 0 0 0 0 
XXI Works of Art 7 0 0 0 0 0 0 0 9 
 Unclassified 2 0 0 0 0 0 0 0 0 
Source: WTO Secretariat, based on tariff data submitted by the Parties . 
(e) Tanzania's liberalization scheme 
25. Table II.5 shows, for Tanzania vis-à-vis  South Africa and other SADC members, the absolute 
number of HS 8-digit tariff lines which became duty free on entry into force, and those which will become duty free in subsequent years until the end of the transition period in 2012.  Textile and textile 
articles are in general subject to the longest implementation period. 
Table II.5 
Tanzania:  Tariff treatment applied to RSA and to other SADC members, by HS Section 
(Number of HS 8-digit tariff lines) 
SADC members (except RSA) RSA 
Duty free in Duty free in HS Section 
2001 2005 2006 2007 2008 2010 2012 2001 2007 2008 2012 
Excluded 
to all 
Total 1,090 425 1,145 17 2,685 14 796 973 16 4,267 918 43 
I Live Animals; Animal 
 Products 74 1 11 0 116 0 6 55 0 143 10 8 
II Vegetable Products 23 31 19 0 183 2 49 47 0 202 58 1 
III Animal or Vegetable Fat, 
 Oils 0 0 1 0 34 0 12 0 0 34 13 0 
IV Prepared Foodstuffs, 
 Beverages  8 8 1 2 183 0 43 16 0 171 59 0 
V Mineral Products 71 16 14 15 53 0 5 70 0 99 5 0 
VI Products of Chem. 
 Industries 346 58 32 0 378 0 6 342 0 471 7 1 
VII Plastics and Articles thereof 14 13 148 0 49 2 16 18 0 163 62 0 
VIII Raw Hides and Skins, 
 Leather  22 0 0 0 58 0 0 22 0 58 0 0 
IX Wood and Articles of wood 15 2 8 0 64 0 20 14 0 75 0 0 
X Pulp of Wood 13 3 1 0 120 0 0 12 0 97 48 0 
XI Textiles and Textile 
 Articles 261 52 2 0 142 1 569 142 0 333 552 0 
XII Footwear, Headgear, 
 Umbrellas 2 0 0 0 55 0 7 1 0 27 29 0 
XIII Articles of Stone, Plaster 14 4 25 0 120 0 0 14 0 146 10 0 
XIV Natural and Cultured Pearls 49 0 0 0 0 0 0 49 0 0 0 0 
XV Base Metals  119 15 155 0 310 2 32 117 0 489 27 0 
XVI Machinery  6 150 440 0 581 0 2 0 0 1,177 2 0 
XVII Vehicles, Aircraft, Vessels 50 25 84 0 33 7 28 52 1 139 35 0 
XVIII Optical Equipment 0 44 177 0 61 0 0 0 15 267 0 0 
XIX Arms and Ammunition 0 0 0 0 0 0 0 0 0  0 33 
XX Misc. Manufactured 
 Articles 3 3 27 0 138 0 1 2 0 169 1 0 
XXI Works of Art 0 0 0 0 7 0 0 0 0 7 0 0 
Source: WTO Secretariat, based on tariff data submitted by the Parties .  WT/REG176/4 
 Page 15 
 
 
(f) Zambia's liberalization scheme 
26. Table II.6 shows, for Zambia vis-à-vis  South Africa and other SADC members, the absolute 
number of HS 8-digit tariff lines which became duty free on entry into force, and those which will become duty free in subsequent years until the end of the transition period in 2012.  In the case of South Africa, the bulk of tariff lines are freed fro m duties in 2008, whereas for other SADC members 
liberalization of the bulk of tariff lin es takes place two years earlier in 2006. 
Table II.6 
Zambia:  Tariff treatment applied to RSA an d to other SADC members, by HS Section 
(Number of HS 8-digit tariff lines) 
SADC members (except RSA) RSA 
Duty free in  Duty free in HS Section and description 
2001 2006 2012 2001 2006 2008 2012 
Total 3,287 2,529 250 1,948 479 3,385 254 
I Live Animals; Animal Products 171 46 19 55 0 162 19 
II Vegetable Products 117 181 8 88 6 204 8 
III Animal or Vegetable Fat and Oils 16 35 0 3 15 33 0 
IV Prepared Foodstuffs, Beverages, Spirits 35 175 1 35 11 164 1 
V Mineral Products 95 48 23 5 86 50 25 
VI Products of the Chemical or Allied Industries 940 162 3 653 12 437 3 
VII Plastics and Articles thereof, rubber 298 214 0 292 1 219 0 
VIII Raw Hides and Skins, Leather, Furskins, etc. 18 56 0 18 0 56 0 
IX Wood and Articles of wood 67 20 0 19 0 68 0 
X Pulp of Wood 105 50 2 60 11 84 2 
XI Textiles and Textile Articles 342 438 131 207 43 528 133 
XII Footwear, Headgear, Umbrellas 2 25 29 1 1 25 29 
XIII Articles of Stone, Plaster, Cement 76 71 0 0 29 118 0 
XIV Natural and Cultured Pearls 1 55 0 1 0 55 0 
XV Base Metals and Articles of Base Metals 412 195 2 213 28 366 2 
XVI Machinery and Mechanical Appliances 414 397 0 162 220 429 0 
XVII Vehicles, Aircraft, Vessels 76 53 31 53 16 60 31 
XVIII Optical, Photographic Equipment 86 184 0 74 0 196 0 
XIX Arms and Ammunition 0 0 0 0 0 0 0 
XX Misc. Manufactured Articles 8 124 1 1 0 131 1 
XXI Works of Art 8 0 0 8 0 0 0 
Source: WTO Secretariat, based on tariff data submitted by the Parties. 
(g) Zimbabwe's liberalization scheme 
27. Table II.7 shows, for Zimbabwe vis-à-vis  other SADC members, the absolute number of 
HS 8-digit tariff lines which became duty free on en try into force, and these which will become duty 
free in subsequent years until the end of  the implementation period in 2012.   
Table II.7 
Zimbabwe: Tariff treatment applied to SA DC members except RSA, by HS Section 
(Number of HS 8-digit tariff lines) 
Duty free in 
HS Section 
2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 
Excluded 
Total 2,199 983 888 991 114 3 1,255 240 9 128 264 92 
I Live Animals; Animal 
 Products 133 1 2 26 2 0 154 0 0 0 0 0 
II Vegetable Products 118 51 15 45 8 0 117 2 0 0 2 0 
III Animal or Vegetable Fat, Oils 24 26 1 2 0 0 22 0 0 0 0 0 
IV Prepared Foodstuffs, 
 Beverages  34 19 5 32 31 0 124 2 9 1 70 0 
V Mineral Products 140 22 10 2 13 0 1 2 0 0 0 7 
VI Products of Chem. Industries 572 15 26 32 2 3 39 198 0 0 15 9 
VII Plastics and Articles thereof 124 40 65 68 3 0 33 0 0 0 2 9 
VIII Raw Hides and Skins, Leathe r  21 28 0 0 0 0 27 0 0 0 0 0 
IX Wood and Articles of wood 22 35 1 33 0 0 27 0 0 0 0 0 WT/REG176/4 
Page 16  
 
  Duty free in 
HS Section 
2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 
Excluded 
X Pulp of Wood 73 18 32 59 0 0 51 0 0 2 17 0 
XI Textiles and Textile Articles 80 472 155 316 1 0 308 35 0 0 0 1 
XII Footwear, Headgear, 
 Umbrellas 1 2 0 6 6 0 62 0 0 0 0 0 
XIII Articles of Stone, Plaster 16 25 10 71 3 0 41 0 0 0 7 0 
XIV Natural and Cultured Pearls 24 10 0 9 0 0 20 0 0 1 0 4 
XV Base Metals  159 69 165 93 14 0 42 0 0 120 82 0 
XVI Machinery  430 88 291 73 7 0 82 1 0 0 55 0 
XVII Vehicles, Aircraft, Vessels 82 35 30 25 0 0 0 0 0 4 14 37 
Table II.7 (cont'd) 
XVIII Optical Equipment 12 9 19 77 61 0 0 11 0 0 0 0 0 
XIX Arms and Ammunition 0 0 0 0 0 0 0 0 0 0 0 25 
XX Misc. Manufactured Articles 11 8 3 38 24 0 92 0 0 0 0 0 
XXI Works of Art 6 0 0 0 0 0 2 0 0 0 0 0 
Source: WTO Secretariat, based on tariff data submitted by the Parties. 
28. Table II.8 shows, for Zimbabwe vis-à-vis  South Africa, the absolute number of HS 8-digit 
tariff lines which became duty free on entry into fo rce, and these which will become duty free in 
subsequent years until the end of the implementation period in 2011.   
Table II.8 
Zimbabwe:  Tariff treatment app lied to RSA only, by HS Section 
(Number of HS 8-digit tariff lines) 
Duty Free in 
HS Section and Description 
2001 2003 2004 2005 2006 2007 2008 2009 2010 2011 
Excluded 
Total 2,298 14 0 840 319 502 1,157 18 41 693 35 
I Live Animals; Animal Products 135 0 0 1 0 24 84 0 0 61 0 
II Vegetable Products 91 0 0 61 10 7 56 1 5 69 0 
III Animal or Vegetable Fat, Oils 20 0 0 20 1 2 3 0 0 19 0 
IV Prepared Foodstuffs, Beverages  27 0 0 24 17 18 99 1 0 82 0 
V Mineral Products 111 0 0 26 5 14 2 0 4 7 0 
VI Products of Chem. Industries 625 5 27 46 23 23 47 0 0 26 0 
VII Plastics and Articles thereof 83 0 1 51 41 37 20 0 5 26 0 
VIII Raw Hides and Skins, Leather  11 0 0 38 0 0 25 0 0 0 0 
IX Wood and Articles of wood 21 0 0 25 0 18 20 0 0 8 0 
X Pulp of Wood 61 0 0 23 21 27 10 7 0 46 0 
XI Textiles and Textile Articles 107 0 1 175 95 9 538 0 0 23 0 
XII Footwear, Headgear, Umbrellas 1 0 0 2 0 5 43 0 1 4 0 
XIII Articles of Stone, Plaster 15 0 0 26 14 51 30 0 0 15 1 
XIV Natural and Cultured Pearls 25 0 0 8 0 9 1 3 0 11 0 
XV Base Metals  210 0 5 100 45 130 82 0 1 61 1 
XVI Machinery  487 2 2 178 26 43 80 2 0 88 0 
XVII Vehicles, Aircraft, Vessels 84 7  3 4 13 5 0 4 36 32 
XVIII Optical Equipment 166 0 0 24 6 48 6 0 0 23 0 
XIX Arms and Ammunition 3 0 1 2 10 5 0 0 0 0 0 
XX Misc. Manufactured Articles 10 0 0 7 1 19 6 4 21 86 0 
XXI Works of Art 5 0 0 0 0 0 0 0 0 2 0 
Source: WTO Secretariat, based on data submitted by the Parties.   WT/REG176/4 
 Page 17 
 
 
3. Rules of origin 
29. Disciplines regarding rules of origin are set out  in Annex I (as amended) of the Protocol.30  
Rule 1 contains the definitions of terms used in th e Annex, while Rules 2 to 8 provide the substantive 
rules.  Customs procedures designed to administer and enforce the rules of origin are contained in 
Rules 9 to 12 and Article 7 and Appendix I of  Annex II (Custom Procedures), as detailed in 
paragraphs 49-53   below. 
30. Basic requirements for a good to be considered originating (Rule 4) are: 
(a) the product is wholly obtained in one of the Parties31, or 
(b) the non-originating materials incorporated in  the product have undergone "sufficient 
working or processing" in accordance with the conditions set out in Appendix I of 
Annex I;  or 
(c) the value of all non-originating materials do es not exceed ten per cent of the ex-works 
price of the good (tolerance  rule).32 
31. There is no regime-wide rules of origin, but a list (in Appendix I of Annex I) of specific 
criteria (mostly at the heading level but also at th e chapter and subheading level) that non-originating 
materials should meet so that a final good acquires originating status.   
32. In the majority of cases, origin is granted if  the working or processing carried out on non-
originating materials results in a change of tariff classification (CTC) on an HS basis.  These changes 
are normally required at the tariff heading (C TH 4-digit), although changes in subheading 
(CTS 6-digit) are not rare.  In some cases, this type of rule may require a change from a specific 
heading or material (some textiles and pearls and precious stones).33 
33. In many instances, an import content (MC) or a te chnical test criteria may also apply, either 
alone or in combination with another rule.  Th e MC requirement establishes the maximum value of 
non-originating materials allowed in the final product,  expressed as a percentage of the ex-works price 
of the product;34 this percentage ranges from 30 per cent to 65 per cent, the most commonly used 
being 55 per cent;  the MC criterion is used mostly in chapters 84-87, 90 and 94 and is also frequent 
in chapters 50-63 (textiles and clothing).  The techni cal test criterion or process rule lists one or more 
processes to be performed on the materials for the fi nal product to acquire originating status.  This 
type of rule is found in textiles, and more pa rticularly on the rules applied to MMTZ countries 
(Malawi, Mozambique, Tanzania and Zambia), and in some metals.  Wholly obtained rules (i.e. 
requiring certain inputs to be wholly produced in th e territory of the parti es) are used widely for 
agricultural products. 
34. Appendix V to Annex I lays out the conditions fo r more lenient rules of origin for textile 
products imported into SACU from MMTZ countries, subject to quantitative limits, time periods and 
                                                      
30 According to the Parties the current rules of origin regime is undergoing changes and 
SADC members are currently submitting proposals on the issue. 
31 Rule 4 specifies what kind of goods can be considered as wholly produced in the Member 
States.  It contains a list of products that fall under this category and lays down the criteria needed for 
a vessel to be regarded as part of the territory of a Member State.  
32 Does not apply to products falling within HS Chapters 50 to 63, 87 and 98. 
33 In the case of Ch. 71 (pearls and precious stones), specific materials are required to be used 
in some instances.  For textiles, specific materials are also required to be used in some instances, 
though these rules are relaxed for the MMTZ countr ies exporting textiles to the SACU market as 
described in paragraph xx.  
34 Definitions of "ex-works price" and "value of materials" are included in Rule 1. WT/REG176/4 
Page 18  
 
  administrative procedures agreed upon by the CMT.  This regulation entered into force in August 
2001 and remained in force till July 2006.
35  The agreed annual tariff quotas, as revised and 
implemented from 1 January 2005 appe ar in Table II.9.  The rules applicable to MMTZ textile exports 
into SACU countries are detailed in an additional colu mn in the rules of origin, and usually require a 
single transformation.   
Table II.9 
Annual Quotas granted to MMTZ countries by SACU, by HS Chapter  
(Kg.) 
 HS Ch. 52 HS Ch. 55 HS Ch. 58 HS Ch. 60 HS Ch. 61-62 HS Ch. 63 
(1) (2) (3) (4) (5) (6) (7) 
Malawi 1.110.000 43.000 0 200.000 12.565.000 565.000 
Mozambique 3.600.000 0 0 0 4.200.000 170.000 
Tanzania 4.400.000 600.000 0 500.000 1.900.000 1.200.000 
Zambia 9.850.000 0 150.000 60.000 500.000 250.000 
Note: Annual TRQs are valid and calculated from 1 January to 31 December of the same year. 
 TRQs set out in column (6) refer to combined quotas for HS Ch. 61-62 and not separate quotas applicable to each HS Chapter. 
 The TRQ set out in column (7) for Zambia will include 100,000 units under tariff sub-heading 6301.4000.  Preferences shall only be extended:  in the case of HS Ch. 52, to products of HS headings 5204 to 5212;  in the case of HS Ch.  55, to 
 products of HS headings 5508 to 5516;  in the case of HS CH. 58, to products of HS headings 5801 to 5811;  in the case of HS C h. 60, to 
 products of HS headings 6001 and 6002;  in the case of HS Ch 61, to products of HS headings 6010 to 6117;  in the case of HS C h. 62, to 
 products of HS heading 6201 to 6217;  and in the case of HS Ch. 63, to products of HS headings 63012 to 6308 and 6301.4000 for  
 Zambia.  No preferences are extended to products of HS Ch. 50 to 63 unless TRQs are provided for such products in the table. 
Source: SADC Trade Protocol.  
35. Rule 2.1 provides that no outward processing is  allowed.  Rule 2.2.(b) provides for the 
absorption principle – i.e. if non-originating materi al obtains originating status, it is counted as 100 
per cent originating when incorporated into a nother product.  Rule 2.3(b) provides that non-
originating materials which would otherwise not be  accepted may nevertheless be used, provided that 
(i) their value does not exceed 10 per cent of the ex-w orks price of the product, and (ii) any of the 
percentages provided for in Appendix I to Annex I are not exceeded.  This rule does not apply to 
Chapters 87 and 98 in the case of SACU, nor to  textiles and clothing (Chapters 50 to 63). 36   
36. Rule 2.4 establishes that the SADC region sha ll be regarded as one territory, hence allowing 
for full cumulation between the Parties, (i.e. both in  terms of materials and of production processes).  
A list of minimal, non-qualifying operations or pr ocesses carried out in the Parties do not confer 
origin, as provided in Rule 3 of Annex I.37   
37. Rule 5 specifies how the materials in a consignm ent are to be counted, while Rule 6 details 
the procedure to follow in the even t that it is impracticable to separate materials.  Additional criteria 
in Rules 7 and 8 indicate how certain materials used  in mixtures and packing are to be treated or 
valued when determining the origin of goods.  Article 5.2(e) of Annex II (concerning Customs 
Co-operation within SADC) requires the Parties to  adopt laws on duty drawback in their customs 
laws.38 
                                                      
35 According to the SADC Secretariat, this  arrangement has been extended till 31 March 
2007.  A further extension beyond 31 March 2007 is currently under consideration. 
36 Textiles benefit from different tolerance rules which are detailed in notes 5 and 6 of Annex 
I (amended). 
37 When determining whether the working or processing is beyond minimal operations, all 
operations carried out in the Parties on a given product are to be cumulated. 
38 According to the SADC Secretariat, most countries in SADC have duty drawback laws, but 
no common SADC regulations have been adopted in this regard.  WT/REG176/4 
 Page 19 
 
 
38. Rule 11 provides for derogations to the rules of origin which may be granted by the CMT 
upon request of a Party when justified by the develo pment of existing industries or the creation of new 
industries.39 
Box II.2:  Rules of Origin: Basic Features at a Glance 
No regime-wide rules of origin. 
Product specific criteria: 
  - Wholly obtained or entirely produced goods for agricultural products; 
 - CTH is the most common rule, but MC and technical tests apply to several products. 
Different rules apply to MMTZ count ries for their exports to SACU of textile and clothing products. 
Full cumulation. Absorption principle. Tolerance rule at a maximum of 10% of the ex wo rks price (different rules apply to textiles).  
Duty drawback. (Most SADC countries  have duty drawback laws but no co mmon SADC regulations have been 
adopted in this regard). 
Outward-processing not authorized.
 
Source:  SADC Trade Protocole.  
4. Export duties and charges, and quantitative restrictions 
39. The Parties undertake not to apply export duti es or quantitative restrictions on exports on 
intra-SADC trade.  These provisions should not prevent a Party from applying export duties or restrictions necessary to prevent the erosion of ex port prohibitions or restrictions in place towards 
third countries, provided that no less favourable tr eatment is granted to the Parties than to third 
countries (Articles 5 and 8). 
C. R
EGULATORY PROVISIONS OF THE AGREEMENT  
1. Standards 
(a) Standards-related measures 
40. Article 17 addresses standards and technical regulati ons on trade.  The Parties are required to 
use international standards as a basis for their standa rds-related measures, except when this would be 
ineffective or inappropriate.40  As a general rule, the Parties s hould make compatible their respective 
standards-related measures.  In particular, the Par ties must grant equivalent status to the technical 
regulations of other Parties;  also, they undertak e to promote compatibility of specific standards or 
conformity assessment procedures and;  to pr omote harmonized standards and quality assurance 
systems (Article 6 of Annex V). 
41. In the broader framework of SADC cooperati on, SADC members have also concluded a 
Memorandum of Understanding41 on Standardization, Quality Assurance and Metrology (SQAM), 
which aims at the elimination of technical barriers to trade and creates a number of regional institutions to foster cooperation in these areas.
42   
                                                      
39 According to the SADC Secretariat, no derogations have been adopted by the CMT. 
40 No definition of standards -related measures is given.  
41 Namely Angola, Botswana, Lesotho, Mala wi, Mauritius, Mozambique, Namibia, South 
Africa, Tanzania, Zambia and Zimbabwe.  A minimu m two-thirds of SADC members had to sign in 
order for the MOU to enter into force. 
42 The entry into force of the MoU led to the formation of five SQAM structures namely 
SADCSTAN (cooperation in standardization), SADCA (cooperation in accreditation), SADCMET WT/REG176/4 
Page 20  
 
  (b) Sanitary and phytosanitary (SPS) measures  
42. Article 16 calls for the Parties to harmoni ze their SPS measures based on international 
standards, guidelines and recommendations; the Par ties must also enter into consultations, upon 
request from other Parties, with a view to seek ing recognition agreements on the equivalence of 
specific SPS measures, in accordance with the WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures.
43 
2. Safeguard mechanisms 
(a) Regional safeguard 
43. Article 20 lays down the conditions under wh ich a Party can impose safeguard measures on 
SADC products.  Such measures can be applied when a product is being imported in such increased 
quantities, absolute or relative to domestic produc tion, and under such conditions as to cause or 
threaten to cause serious injury to the domestic industry that produces like or directly competitive 
products.44  The safeguard measures must cover all impor ts of originating like products, irrespective 
of the SADC country of export.  
44. The scope and duration of safeguard measures are limited in accordance with Article 7 of the 
WTO Agreement on Safeguards: measures should be a pplied only to the extent and for a period of 
time necessary to prevent or remedy serious injury and to facilitate adjustment.  As a general rule, 
safeguard measures should not exceed four years,  but may, subject to certain conditions, be 
maintained for a maximum period of eight years. 
(b) Protection of infant industries 
45. Subject to WTO provisions and upon application by a Party, the CMT may authorize a Party 
to temporarily suspend concessions in order to prom ote an infant industry (Article 21), subject to 
terms and conditions aimed at preventing or mi nimizing excessive disadvantages for other Parties.45   
3. Anti-dumping   
46. Article 18 permits the Parties to apply anti-dumping measures in conformity with 
WTO provisions.  
4. Subsidies and countervailing measures  
47. Article 19.1 prohibits the granting of subsidies that  distort or threaten to distort competition in 
the region.  The Parties can introduce a new subs idy only in accordance w ith WTO provisions, and 
can continue to apply existing subsidies only in accordance with the agreed procedures for the 
1.                                                                                                                                                                      
(cooperation in measurement traceability), S ADCMEL (cooperation in legal metrology) and 
SQAMEG (SQAM Expert Group).    
43 According to the SADC Secretariat, negotiati ons on a SADC SPS Agreement are still to be 
finalized.  Progress is expected when the draft is presented at a meeting of the SADC Coordination Committee on SPS and TBT scheduled to  convene before  end March 2007. 
44 The definition of safeguard measures are tho se "imposed in accordance with Article 20 of 
this Protocol".  The determination of serious inju ry shall be done in accordance to Article 4 of the 
WTO Agreement on Safeguards . 
45 According to the SADC Secretariat, no measu res have been taken by SADC members to 
protect infant industries and no review of such measures has been conducted.  WT/REG176/4 
 Page 21 
 
 
elimination of trade barriers.  Subject to the relevant WTO provisions, countervailing duties can be levied on imports of products from another Party in order to offset the effect of subsidies.     
5. Other regulations 
(a) Customs-related procedures 
48. Customs procedures are dealt with in Articles 12-15 of the Protocol and Annexes I to IV, 
which contain the provisions on rules of origin, co -operation in customs matters, trade facilitation and 
transit trade, respectively.   
49. Rule 9 of Annex I states that an exporter's claim on origin must be supported by an origin 
certificate authenticated by the authorities.  The impo rting country can require further verification of 
the origin declaration;  the goods whose origin is contested can be delivered to the importer upon the 
payment of a security.  The Parties also undertake to introduce legislation providing penalties for false 
statements in customs documents.     
50. Annex II deals with customs co-operation and aims at simplifying and harmonizing customs 
procedures.  The Parties undertake to adopt the Ha rmonized System and to incorporate in their laws 
provisions from international cust oms and transport conventions.  They also undertake to exchange 
customs information and to co-operate in investiga ting customs offences.  The Parties will encourage 
the use of computerized data processing and will adopt a valuation system based on the 
WTO Agreement on Customs Valuation.
46  A Customs Co-operation Sub-Committee has been 
established to oversee the implementation of the Anne x, and detailed procedures for mutual assistance 
on customs matters are listed in its Appendix I.   
51. These provisions are complemented by Annex III,  which calls for the adoption of harmonized 
trade documentation and establishes a Sub-Comm ittee on Trade Facilitation to work on trade 
documentation and procedures.47   
52. The principle of freedom of transit is laid dow n in Article 15 of the Trade Protocol, which  
prescribes that goods in transit should only be subj ect to the payment of normal rates for services 
rendered.  These provisions are detailed in Annex IV, wh ich states that all transit traffic shall be free, 
provided that it is: (a) operated by a licensed ca rrier;  (b) performed by an approved means of 
transport;  (c) guaranteed by a surety; and (d ) covered by the appropriate transit document.48   
                                                      
46 According to the SADC Secretariat, harmonization of customs tariff and statistical 
nomenclatures has taken place;  the WTO Customs Va luation Agreement has been adopted and;  the 
SADC Heads of Customs have developed a SADC Model Customs Act whose final draft is awaiting 
adoption at ministerial level. 
47 According to the SADC Secr etariat, the Parties have developed and adopted a SADC 
customs document (SADC_CD), a single administ rative document, based on the UN layout key, 
which replaces all other forms meant for different  customs regimes.  Development of electronic 
authentication of documents is planned for 2006-2007.   In addition, a SADC Customs-Private Sector 
Partnership Forum has been established which, am ong other activities, has developed a program for 
capacity building.    
48 According to the SADC Secretariat, a re gional transit management system, based on a 
single customs document from point of departure to  destination and covered by a single bond, has 
been developed.  The system is supported by a ne twork of designated representatives of the principal 
bond holder and is corridor specific. WT/REG176/4 
Page 22  
 
  (b) Competition policy 
53. Article 25 states that the Parties are required to implement measures within SADC that 
prohibit unfair business practices and promote competition.
49  
(c) Government procurement 
54. There is no provision in the Protocol.    
(d) Intellectual property 
55. Article 24 requires the Parties to adopt and implement measures for the protection of 
intellectual property rights, in accordance with the WTO Agreement on Trade Related Aspects of 
Intellectual Property Rights.50   
(e) Trade development 
56. Article 26 of the Protocol and Annex V provi de for the adoption of trade development 
measures such as promoting collaboration with the business community, developing well articulated and coordinated SADC positions in  international negotiations, and facilitating the provision of trade 
related services and information in the area of trade. 
51 
D. SECTOR -SPECIFIC PROVISIONS OF THE AGREEMENT  
57. Annex VII, concerning trade in sugar, has the long term objective of the establishment of full 
reciprocal liberalization of trade in the sugar sector after 2012, depending on a positive review of 
conditions prevailing in the world sugar market five years after entry into force of Annex V.  Until 
then, market access is granted on a non-reciprocal  basis for SADC exports to SACU, subject to 
quantitative restrictions.  An initial quota, based on pre-estimated growth of the SACU market is 
allocated to each SADC net surp lus producer according to its relative net production surplus.  In 
addition, duty free access to SACU for 20,000 tons of sugar per annum is available to the non-SACU 
surplus producing countries, allocated according to  each producer’s relative net production surplus.  
The Annex provides for a Technical Committee on Sugar (TCS) to manage the agreed terms for 
market access and to co-ordinate actions in the areas of cooperation.52   
                                                      
49 According to the SADC Secretariat, no program at the regional level has been 
implemented, but agreement has been reached with  one cooperating party for preliminary work to 
develop a harmonized competition policy and framework for the region. 
50 According to the SADC Secretariat, a number of SADC member States are known to have 
enacted or updated their legislation on intellectua l property rights to conform with the WTO TRIPS 
Agreement. 
51 According to the SADC Secretariat, a nu mber of activities have been undertaken under 
Annex V including strengthening business sector re presentation in SADC structures, establishing a 
regional trade data base, and coordina ting SADC positions in WTO negotiations. 
52 According to the SADC Secretariat, Articles 1, 5 and 6 of Annex V II have been amended, 
mainly to provide for a minimum quota to members unable to qualify for a quota allocation due to force majeure .  WT/REG176/4 
 Page 23 
 
 
E. GENERAL PROVISIONS OF THE AGREEMENT  
1. Exceptions and reservations 
58. The Parties can depart from the disciplines ensh rined in the Protocol to impose measures 
necessary for security reasons or for maintaini ng peace.  The CMT should be notified of such 
measures (Article 10).  
59. Article 9 permits the Parties to impose quantita tive restrictions on imports and exports for 
reasons of public policy similar to those listed in  GATT Article XX, provided that these measures do 
not constitute a means of arbitrary or unjustifiable discrimination between the Parties, or a disguised 
restriction of intra-SADC trade.  Other public pol icy exceptions include the transfer of precious stones 
and metals, the prevention of critical shortages of  foodstuffs, conservation of the environment,  
compliance with existing international obligations under international agreements, and the prohibition 
of importation or exportation of second-hand goods.  
2. Accession 
60. The Protocol is open for accession for any SADC member State (Article 38). 
3. Institutional framework  
61. Article 31 lays down the institutional arrangement s for the implementation of the Protocol.  
The CMT has responsibility for the implementation of  the Protocol and supervises the work of the 
other bodies established under it.  These include  the Committee of Senior Officials, which inter alia  
liaises with the CMT and supervises the work of the Secretariat and of the Trade Negotiating Forum 
(TNF);  the TNF which is responsible for trade negotiations among the Parties and;  the Sector 
Coordinating Unit, whose functions include the co ordination of the day-to-day operations in the 
implementation of the Protocol and the provision of technical and administrative assistance to other 
bodies.  Sub-Committees on Customs Co-operation, Trade Facilitation, and a Technical Committee on Sugar are also established by the Annexes to the Protocol.   
4. Dispute settlement 
62. The procedures for the settlement of disputes be tween the Parties under the Protocol are laid 
down in Annex VI, which is modelled on the structure of the WTO Understanding on Rules and 
Procedures Governing the Settlement of Disputes.  The Registrar of the Tribunal (RoT) provides 
administrative support for disputes settlement.  
63. Failing initial consultations, disputes are referr ed to a Panel, which is established by the 
Registrar of the Tribunal . Panellists are chosen by  the disputing Parties from a roster;  in case of 
disagreement, panellists are selected by lot by the SADC Executive Secretary.  The final Panel report 
is presented to the disputing Parties and transmitte d to the CMT, which will adopt it unless it decides 
otherwise by consensus.  The Part y complained against will then have a reasonable period of time (not 
exceeding six months) to implement the Panel's reco mmendations;  if the complaining Party considers 
that  the Party complained against has failed to br ing the contested measure into conformity with the 
Protocol, it can ask the CMT for authorizati on to suspend concessions.  The CMT will grant 
authorization unless it decides otherwi se by consensus; the level of su spension can be brought to the 
original panel for arbitration by the Party complained against.   
 WT/REG176/4 
Page 24  
 
  
 Synopsis of dispute settlement procedures (Annex VI) 
Consultations  
(Art. 3.2-6) 30 days after request 
for consultations (10 
days for urgency) 
Request for establishment of  
a panel  (Art. 3.4, 3.7 or 3.8)  60 days from request 
for consultations (20 
days for urgency) 
Establishment of  
the panel  by the RoT (Art. 5)  20 days from request 
of establishment 
Composition (Art. 8) 
Terms of reference  
(Art. 9) 25 days (+5/10 days 
if designation by 
SADC Executive 
Secretary) for composition  
Works of the panel   
 
Initial report  (Art. 14.1-2)  Within 90 days (45 
for urgencies) from selection of last panellist Outside information and advice 
(Art. 13)  
Comments of the parties   
(Art. 14.3)  Within 15 days from 
initial report 
Final report  to parties and CMT 
via the RoT (Art. 15.1-3)  Within 30 days from 
initial report 
CMT adopts final report  
(Art. 15.4)  15 days after 
transmission to CMT Report is made public by the RoT 
(Art. 15.4)  
Implementation of panel 
recommendations (Art. 17) Maximum 6 months 
after adoption Negotiations 
(Art. 18.2)  No compliance
Request of authorization to 
suspend concessions (Art. 18.2)  20 days after end of 
reasonable period 
CMT authorises suspension  
(Art. 18.3 or Art. 18.6 ) 20 days after request If Party complained against 
objects to the level of suspension, 
the matter is referred to 
arbitration 
Appointment of panel/panellist 
(Art. 18.5)  10 days from request 
for arbitration 
Panel's decision on level of 
suspension (Art 18.5-6) 30 days after date of 
appointment 
Secretariat transmits decision to 
CMT (Art. 18.6) 20 days after receipt of 
Panel's decision Good Offices Conciliation and 
Mediation  
at any time (Art. 4) Request for consultations 
 (Art. 3.1) Notification to CMT and Parties 
via the RoT (Art. .3.2)  
Request to join consultations by 
interested parties (Art. 3.4)  10 days from 
circulation of request 
for consultations  WT/REG176/4 
 Page 25 
 
 
5. Relationship with other agreements concluded by the Parties  
64. Article 27 permits SADC members to maintain preferential trade arrangements existing at the 
time of entry into force of the Protocol, and authori zes the Parties to enter into new preferential trade 
arrangements between themselves, as long as they do not conflict with the Protocol.  The Parties will 
review the application of these arrangements with a view to attaining the objectives of the Protocol. 
65. The Parties can enter new preferential agreemen ts provided that any concessions granted to 
third parties are extended to other SADC members (A rticle 28).  This does not apply to preferences 
under trading blocs of which a Party was member at the time of entry into force of the Protocol. 
66. Table II.10 provides a summary of agreements to which SADC member States are parties. 
Table II.10:  
List of trade agreements involving SADC countries 
SADC member States Name of the 
Agreement Third countries Entry into 
force Notification to 
GATT/WTO 
PLURILATERAL AGREEMENTS 
Botswana, Lesotho, Namibia, South Africa,  Swaziland Southern Africa 
Customs Union (SACU) .. 1910 .. 
Angola,  DR Congoa, 
Madagascar, Malawi, 
Mauritius,   Swaziland,  Zambia, Zimbabwe Common Market for 
Eastern and 
Southern Africa   (COMESA) Burundi, Comoros,  Djibouti, Egypt, Eritrea, 
Ethiopia, Kenya, Libya, Rwanda, 
Seychelles, Sudan, Uganda 8 Dec. 1994 WT/COMTD/N/3 
Tanzania East African 
Community (EAC) Kenya, Ugandab 2000 WT/COMTD/N/14 
WT/COMTD/25 
Angola, DR Congoa Economic 
Community of 
Central African States (ECCAS) Burundi, Cameroon, Central African 
Republic, Chad, Republic of Congo, 
Equatorial Guinea, Gabon, Rwanda, Sao Tome & Principe 1 July 2004 .. 
BILATERAL INTRA-SADC AGREEMENTS 
Botswana – Malawi .. .. 1956 .. 
Botswana – Zimbabwe .. .. 1988 .. 
Malawi – Mozambique  .. .. .. .. 
Malawi – Tanzania .. .. .. .. 
Malawi - Zambia .. .. .. .. 
Malawi – Zimbabwe .. .. .. .. 
Mozambique – Zimbabwe .. .. .. .. 
Namibia – Zimbabwe .. .. 1993 .. 
South Africa – Mozambique .. .. .. .. 
South Africa – Zimbabwe .. .. 1964 .. 
South Africa – Malawi .. .. .. .. 
BILATERAL EXTRA-SADC AGREEMENTS 
South Africa Trade and 
Development 
Cooperation Agreement EC and its member States 1 Jan. 2000 WT/REG113/N/1 
SACU – EFTA FTA .. EFTA members 2007 .. 
.. Not available. 
a  DR Congo is a member of SADC but not a Party to the Trade Protocol.  
b At the 8th Summit of the EAC Heads of State meeting held on 30 November 2006, it was decided to admit Rwanda and 
Burundi as full members of the EAC.  Admission will be e ffective from 1 July 2007 afte r Rwanda and Burundi have 
concluded an Accession Treaty whic h has a six months time frame. 
Source: WTO and SADC Secretariat. WT/REG176/4 
Page 26  
 
  ANNEX 
 
Indicators of trade liberalization under the SADC Trade Protocol
 
 
67. A comparison between the scheduled elimination of tariffs applied to the Parties' mutual 
imports and the duty rates applied by the SADC member states to MFN imports in recent years is 
shown in Table A.1, broken into agricultural, indu strial and total products.  Exporters from SADC and 
RSA into Malawi 's market enjoyed an increase in the num ber of duty-free tariff lines upon entry into 
force of the Agreement.  By the end of the impl ementation period in 2012, they will enjoy a relative 
margin of preference of 99 per cent vis-à-vis  the MFN rate applied by Malawi to MFN imports.  
Malawi's import duties on industrial goods are removed faster than those on agricultural goods. 
68. Exporters into Mauritius ' market will enjoy an absolu te margin of preference of 
18.3 percentage points by the end of the implem entation period in 2012.  Mauritius removes import 
duties on industrial goods and agricultural products at more or less the same speed.  Exporters into Mozambique 's market will enjoy an absolute margin of preference of 15.8 percentage points on all 
goods by the end of the implementation peri od (2012 for SADC exporters, 2015 for RSA).  
Mozambique removes import duties on industrial goods  and agricultural products at more or less the 
same speed.  Exporters into SACU 's market enjoy an absolute margin of preference of 6.1 percentage 
points in 2006 vis-à-vis  the MFN rate applied in 2002.  By the end of 2006, duties on all agricultural 
goods and most industrial goods have been removed.  Exporters into Tanzania's  market enjoy an 
absolute margin of preference of 23.7 percentage points on all goods by the end of the implementation 
period in 2012.  Exporters into Zambia 's market will enjoy an absolute  margin of preference of 13.5 
percentage points on all goods by the end of the im plementation period in 2012.  For SADC exporters, 
import duties in Zambia's market on agricultural and industrial goods are removed at more or less the 
same pace, while for RSA, Zamb ia removes duties on industrial goods faster than for agricultural 
products.  Exporters from RSA into Zimbabwe 's import market will enjoy an absolute margin of 
preference on all goods of 17.5 percentage points by the end of the implementation period in 2011.  
Duties on all agricultural goods and most industria l products will be removed by the end of the 
implementation period. 
Table A.1 
SADC:  Indicators of tariff rates app lied to MFN and imports from SADC origin 
(Per cent) 
All products Agricultural pr oducts Industrial products 
Averagea applied 
tariff Averagea applied 
tariff Averagea applied 
tariff Importer Origin 
of goods Year 
Overall On 
dutiableb Duty-
free 
tariff 
lines Overall On 
dutiableb Duty-
free 
tariff 
lines Overall On 
dutiableb Duty-
free 
tariff 
lines 
Malawi MFN 2003 13.4 14.6 8.6 15.7 17.6 11.0 12.9 14.1 8.2 
 SADC 2001 12.6 18.9 33.4 16.9 21.2 20.4 11.9 18.4 35.5 
  2006 4.3 8.4 48.7 15.7 20.1 21.7 2.5 5.3 53.1 
  2012 0.1 26.8 99.7 0.0 30.0 99.9 0.1 26.7 99.6 
 RSA 2001 12.6 18.9 33.4 16.9 21.2 20.4 11.9 18.4 35.5 
  2006 7.9 12.0 34.8 16.2 20.7 21.9 6.5 10.3 36.9 
  2012 0.1 26.5 99.6 0.0 30.0 99.9 0.1 26.3 99.6 
Mauritius MFN 2002 18.3 41.7 56.2 20.9 34.1 38.5 17.9 43.6 59.0 
 SADC 2001 12.5 41.4 69.7 12.5 44.4 71.8 12.5 40.9 69.4 
  2006 5.0 52.3 90.5 7.3 48.9 85.1 4.6 53.3 91.4 
  2012 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
 RSA 2001 14.4 47.2 69.4 13.9 48.7 71.5 14.5 46.9 69.1 
  2006 6.9 22.7 69.7 8.6 30.5 71.8 6.6 21.5 69.4 
  2012 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
Table A.1 (cont'd)  WT/REG176/4 
 Page 27 
 
 
All products Agricultural pr oducts Industrial products 
Averagea applied 
tariff Averagea applied 
tariff Averagea applied 
tariff Importer Origin 
of 
goods Year 
Overall On 
dutiableb Duty-
free 
tariff 
lines Overall On 
dutiableb Duty-
free 
tariff 
lines Overall On 
dutiableb Duty-
free 
tariff 
lines 
Mozambique MFN 1998 15.9 16.1 1.3 24.8 24.8 0.1 14.4 14.6 1.5 
 SADC 2001 12.5 17.8 30.0 18.8 26.4 29.4 11.4 16.3 30.1 
  2006 9.2 13.1 30.0 12.8 18.0 29.4 8.6 12.3 30.1 
  2012 0.1 30.2 99.6 0.1 14.0 99.3 0.1 35.0 99.6 
 RSA 2001 12.9 17.9 28.1 20.2 26.1 22.7 11.6 16.4 29 
  2008 1.3 17.3 92.6 3.4 17.7 80.9 0.9 17.1 94.6 
  2015 0.1 35.0 99.6 0.1 35.0 99.7 0.1 35.0 99.6 
SACUc MFN 2002 6.6 15.7 57.8 10.4 18.7 44.1 6.1 15.1 59.6 
 SADC 2000 6.9 19.4 63.5 5.8 19.4 65.9 7.1 19.4 63.2 
  2006 0.1 20.8 99.5 0.0 0.0 100.0 0.1 20.8 99.5 
Tanzania MFN 1998 23.8 23.9 0.4 27.7 27.8 0.4 23.2 23.3 0.4 
 SADC 2001 19.5 23.6 17.5 24.4 28.0 12.9 18.7 22.9 18.2 
  2006 7.9 13.8 42.8 10.7 13.7 21.7 7.5 13.9 46.0 
  2012 0.1 11.7 99.3 0.3 28.9 98.9 0.0 7.2 99.4 
 RSA 2001 20.0 23.7 15.6 24.3 28.2 14.2 19.4 23.1 15.8 
  2006 12.8 15.1 15.6 15.0 17.4 14.2 12.4 14.8 15.8 
  2012 0.1 11.7 99.3 0.3 23.6 98.7 0.0 7.2 99.4 
Zambia MFN 2001 13.5 16.9 20.6 19.4 19.7 1.4 12.6 16.5 23.4 
 SADC 2001 9.5 20.8 54.2 13.5 23.4 42.2 8.9 20.3 56.0 
  2006 0.9 22.8 95.9 0.9 24.6 96.5 1.0 22.5 95.8 
  2012 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
 RSA 2001 12.5 18.4 32.1 17.4 22.5 22.5 11.7 17.6 33.6 
  2006 6.6 11.0 40.0 8.0 10.9 26.5 6.4 11.0 42.1 
  2012 0.0 0.0 100.0 0.0 0.0 100.0 0.0 0.0 100.0 
Zimbabwec MFN 2002 17.5 18.7 6.4 26.7 31.9 16.3 15.7 16.4 4.4 
 SADC 2001 19.3 27.8 30.7 33.7 58.9 29.0 16.7 24.2 31.0 
  2006 6.1 21.6 72.3 19.4 59.9 53.9 3.7 14.8 75.5 
  2012 1.8 74.3 97.6 0.0 0.0 100.0 2.1 83.1 97.5 
 RSA 2001 17.8 29.0 38.7 7.2 17.5 58.8 13.0 22.7 42.6 
  2006 7.2 17.5 58.8 13.0 22.7 42.6 6.1 16.0 61.8 
  2011 0.3 3.2 90.1 0.0 0.0 100.0 0.4 5.1 92.6 
a Unweighted average. 
b "On dutiable" excludes duty tariff lines. c Only ad valorem  duties are taken into account in the calculations. 
Source : Preferential rates furnished by the Parties;  MFN rates taken from the IDB (except Mozambique and Tanzania 
MFN 1998 taken from tariff schedul e provided by the parties). 
69. Table A.2 shows the market access conditi ons into SADC's import market for each 
SADC member's top 10 global export products for a given year.  It shows the average MFN tariff 
applied by SADC countries (SACU countries which have a common external tariff are counted as a 
single country) and the year in which the product becomes fully duty free in each SADC market.   WT/REG176/4 
Page 28  
 
  Table A.2 
Access Conditions to SADC markets for SADC members' Top 10 Export Products 
Access conditions to SADC's import market Top ten export products 
Duty free in year 
Exporting 
Country 
% share in 
global 
exports HS number and description 
Average MFN 
applied tariff 
Malawi 
Mauritius 
Mozambique 
SACU 
Tanzania 
Zambia 
Zimbabwe 
83.1 710210  Diamonds, unsorted 15.8 2007 2001 2008  2001 2006 2000 
4.1 740110  Copper mattes 11.3 2001 2001 2001  2001 2006 2000 
1.5 020130  Bovine cuts boneless, fresh or chilled 23.3 2012 2001 2008  2008 2012 2008 
1.1 710229  Diamonds industrial, worked 7.9 2007 2001 2008  2001 2006 2000 
1.1 870120  Road tractors for semi-trailers 4.7 2001 2001 2008  2008 2000 E 
1.0 020230  Bovine cuts boneless, frozen 23.3 2012 2001 2008  2008 2012 2008 
0.9 283620  Disodium carbonate 8.8 2006 2001 2001  2008 2000 2009 
0.4 870323  Automobiles, spark ignition 15.7 2012 2001 2008  2012 2012 E* 
0.3 410129  Hide sections, bovine, nes 16.4 2001 2012 2001  2008 2000 2003 Botswana 
(2001) 
0.3 250100  Salt (sodium chloride) 10.4 2001 2001 2001  2008 2006 2000 
Total 94.4 Average rate 13.8        
20.7 650520  Mens, boys shirts, of cotton, not knit  nis  nis  nis    na nis  nis  
10.5 620510  Mens, boys shirts, of wool or hair 43.3 2007 2005 2008   2008 2012 2008 
10.1 611030  Pullovers, cardigans of manmade 
fibre 43.3 2006 2001 2008   2012 2006 2008 
8.0 620349  Mens, boys trousers & shorts 43.3 2007 2005 2008   2012 2012 2008 
4.7 640420  Footwear, sole leather and uppers 43.3 2007 2012 2008   2008 2012 2008 
4.4 220210  Beverage waters, sweetened or flav. 27.5 2012 2012 2008   2012 2006 2012 
4.0 410110  Bovine skins, whole, raw 10.4 2001 2001 2001   2008 2006 2000 
3.9 852810  Colour television receivers/monitors 30.0 nis  nis  nis    2008 nis  nis  
3.0 610442  Womens, girls dresses, of cotton, knit 43.3 2001 2005 2001   2012 2012 2008 Lesotho 
(2001) 
2.8 520942  Denim cotton >85% >200g/m2 22.5 2007 2001 2012   2012 2006 2005 
Total 72.1 Average rate  24.1        
27.0 240110  Tobacco, not stemmed/stripped 22.5   2005 2001 2000 2008 2006 2001 
17.7 240120  Tobacco, partly/wholly stemmed 38.8   2005 2001 2000 2008 2006 2012 
15.8 170111  Cane sugar, raw, in solid form 33.5   2005 2012 E 2008 2012 2005 
10.2 090240  Tea, black (fermented)  28.3   2012 2008 2000 2012 2012 2000 
4.5 520100  Cotton, not carded/combed 10.0   2001 2001 2004 2008 2006 2000 
1.8 080290  Nuts, n.e.s., fresh/dried 25.7   2001 2008 2000 2008 2006 2008 
1.7 490700  Unused postage/revenue stamps  11.1   2005 2001 2000 2008 2006 2000 
1.6 610590  Men's/boys' shirts, knitted or croch. 
etc.  46.0   2005 2008 2006 2012 2006 2008 
1.1 620342  Men's/boys' trousers, bib & brace  43.3   2005 2008 2006 2012 2012 2008 Malawi  
(2004) 
1.0 071310  Peas (Pisum sativum), dried 24.5   2005 2008 2004 2012 2006 2008 
Total 82.2 Average rate  28.4               
20.9 610910  T-shirts, singlets & oth. vests 36.0 2007   2008 2006 2012 2006 2008 
18.4 170111  Cane sugar, raw, in solid form 23.5 E   2012 E 2008 2012 2005 
6.7 620520  Men's/boys' shirts (excl. knitted ...)  43.3 2007   2008 2006 2012 2012 2008 
4.2 160414  Tunas, skipjack & bonito  28.5 2007  2008 2002 2008 2006 2008 
3.1 620342  Men's/boys' trousers, bib & brace  36.0 2007   2008 2006 2012 2012 2008 
3.0 620462  Women's/girls', trousers, bib & brace   36.0 2007   2001 2006 2012 2012 2008 
2.2 611020  Jerseys, pullovers, cardigans 36.0 2006   2008 2006 2012 2006 2008 
2.1 710239  Diamonds, non-industrial  24.2 2007   2008 2000 2001 2006 2005 
2.0 030379  Fish, n.e.s., frozen  20.0 2001   2001 2002 2008 2000 2000 Mauritius 
(2004) 
1.9 610990  T-shirts, singlets & oth. vests, knitted  36.0 2012   2008 2006 2012 2006 2008 
Total 64.5 Average rate 32.0               
Table A.2 (cont'd)  WT/REG176/4 
 Page 29 
 
 
Access conditions to SADC's import market Top ten export products 
Duty free in year 
Exporting 
Country 
% share in 
global 
exports HS number and description 
Average MFN 
applied tariff 
Malawi 
Mauritius 
Mozambique 
SACU 
Tanzania 
Zambia 
Zimbabwe 
57.3 760200  Aluminium waste & scrap 8.3 2001 2001   2000 2001 2000 2000 
8.0 271600  Electrical energy  5.0 2001 nis    2000 2006 nis  2000 
6.2 271111  Natural gas, liquefied 6.0 2006 2001   2000 2007 2012 2000 
4.3 9999AA  Commodities not specified                  
4.0 030613  Shrimps & prawns,  23.7 2001 2005   2000 2008 2000 2008 
2.2 240110  Tobacco, not stemmed/stripped 28.0 2012 2005   2000 2008 2006 2000 
1.1 840710  Spark-ignition recip./rotary int. 
comb.  14.2 2007 2001   2004 2001 2006 2000 
1.1 520100  Cotton, not carded/combed 8.3 2006 2001   2000 2006 2006 2004 
1.0 080131  Cashew nuts, in shell 24.0 2012 2001   2000 2001 2006 2003 Mozambique 
(2005) 
0.9 090240  Tea, black (fermented)  27.5 2012 2012   2000 2012 2012 2000 
Total 86.0 Average rate 16.1               
11.3 490700  Unused postage/revenue stamps 14.1 nis 2005 2001   2008  nis 2000 
10.6 710231  Diamonds, non-industrial, unwkd 20.8 2007 2001 2008   2001 2006 2000 
8.4 030379  Fish, nes, frozen (excl. fillets) 16.7 2001 2001 2001   2008 2000 2000 
5.0 030420  Fish fillets, frozen 20.0 2007 2001 2008   2008 2000 2008 
4.9 220290  Non-alcoholic beverages 30.0 2012 2012 2012   2012 2006 2008 
4.2 220300  Beer made from malt 39.0 2012 2012 2008   2012 2006 2012 
4.1 030378  Hake, frozen (excl. fillets) 16.7 2001 2001 2001   2001 2000 2000 
2.3 030374  Mackerel, frozen (excl. fillets) 16.7 2007 2001 2008   2008 2000 2000 
2.2 261210  Uranium ores and concs. 9.6 2001 2001 2001   2001 2000 2000 Namibia 
(2003) 
1.9 710813  Gold (incl. gold plated with 
platinum) 16.5 2007 2001 2008   2001 2006 E 
Total 55.0 Average rate 20.0               
6.4 711019  Platinum, in semi-manuf. forms 14.6 2008 2001 2008   2001 2008 2000 
5.8 270112  Bituminous coal 9.6 2001 2007 2001   2008 2008 2000 
4.8 870323  Vehicles (excl. of 8702 & 870310) 14.7 2012 2001 2012   2012 2012 E* 
3.7 710231  Diamonds, non-industrial, unwkd 20.8 2008 2001 2008   2001 2008 2000 
3.7 720241  Ferro-chromium, cont. by wt. 10.4 2008 2001 2001   2001 2000 2000 
3.3 842139  Filtering/purifying mach. & app.  13.3 2008 2001 2001   2008 2008 2006 
2.8 711011  Platinum, unwrought/in powder form 11.3 2008 2001 2008   2001 2008 2000 
2.6 271011  Light petroleum oils & preps. 5.0 nis  nis  nis    nis nis  2000 
2.4 760110  Aluminium, not alloyed, unwrought 9.6 2001 2001 2001   2008 2006 2005 South Africa 
(2004) 
1.6 750610  Plates, sheets, strip & foil, of nickel 15.4 2001 2001 2008   2008 2008 2000 
Total 37.0 Average rate 12.5               
46.5 330210  Mixed odoriferous substances 8.8 2006 2001 2008   2008 2000 2000 
5.8 470311  Chem wood pulp, soda or sulphate 9.6 2007 2001 2001   2001 2000 2000 
4.8 170111  Raw sugar, cane 32.9 E 2005 2012   2008 2012 2005 
3.2 610990  T-shirts, singlets etc. of material nes 43.3 2012 2005 2008   2012 2006 2008 
2.7 610910  T-shirts, singlets and other vests 43.3 2007 2005 2008   2012 2006 2008 
2.4 610510  Mens, boys shirts, of cotton, knit 43.3 2006 2005 2001   2012 2006 2008 
1.6 170490  Sugar confectionery not chewing 
gum 35.8 2012 2012 2012   2008 2006 2008 
1.2 940360  Furniture, wooden, nes 37.9 2007 2012 2008   2008 2006 2008 
1.1 491199  Printed matter, nes 39.4 nis 2005 2008   2008 2006 2012 Swaziland 
(2002) 
1.0 610690  Womens, girls, blouses & skirts 43.3 2006 2005 2008   2012 2006 2008 
Total 70.2 Average rate 33.8               
31.4 710812  Gold (incl. gold plated with platinum 6.5 2007 2001 2008 2000   2006 E 
7.2 261690  Precious metal ores & concs 4.6 2001 2001 2001 2000   2000 2000 
4.9 030410  Fish fillets & oth. fish meat 22.0 2001 2001 2008 2002   2000 2008 
4.5 080131  Cashew nuts, in shell 25.0 2012 2001 2001 2000   2006 2003 
4.4 710813  Gold (incl. gold plated with 
platinum) 10.5 2007 2001 2008 2000   2006 E 
3.8 240120  Tobacco, partly/wholly stemmed 40.5 2012 2005 2001 2000   2006  nis 
3.4 520100  Cotton, not carded/combed 16.3 2012 2001 2001 2000   2006 2000 
3.4 090111  Coffee, not roasted, not decaf. 10.0 2007 2001 2001 2004   2006 2000 
2.3 100190  Wheat other than durum  2.5 2001 2001 2012 2004   2000 2009 Tanzania 
(2004) 
2.1 030420  Fish fillets, frozen 18.0 2007 2001 2008 2002   2000 2008 
Total 67.4 Average rate 15.6               
Table A2 (cont'd) WT/REG176/4 
Page 30  
 
  Access conditions to SADC's import market Top ten export products 
Duty free in year 
Exporting 
Country 
% share in 
global 
exports HS number and description 
Average MFN 
applied tariff 
Malawi 
Mauritius 
Mozambique 
SACU 
Tanzania 
Zambia 
Zimbabwe 
31.6 740311  Cathodes & sections of cathodes 9.6 2001 2001 2001 2000 2001   2000 
15.9 810590  Cobalt & arts, thereof, nes in 81.05 13.8 2007 2001 2001 2000 2001   2004 
8.2 520100  Cotton, not carded/combed 11.0 2007 2001 2001 2004 2001   2000 
7.8 740911  Copper plates, sheets & strip 13.9 2001 2001 2001 2000 2008   2004 
2.7 740811  Copper wire, of ref. copper  12.1 2001 2005 2001 2000 2008   2004 
2.1 120720  Cotton seeds 9.6 2001 2001 2001 2000 2008   2000 
1.9 310230  Ammonium nitrate 32.9 E 2005 2012 E 2008  2005 
1.9 240120  Tobacco, partly/wholly stemmed 25.5 2012 2005 2001 2000 2008  2000 
1.9 170111  Cane sugar, raw, in solid form 38.8 2012 2005 2001 2000 2008  nis Zambia 
(2004) 
1.9 240110  Tobacco, not stemmed/stripped 3.8 2001 2012 2001 2000 duty 
free   2000 
Total 76.0 Average rate 17.1               
19.6 240120  Tobacco, party/wholly stemmed 26.5 2012 2005 2001 2000 2008 2006   
12.4 520100  Cotton, not carded/combed 14.2 2007 2001 2001 2004 2001 2006   
10.1 260400  Nickel ores & concs. 9.1 2001 2001 2001 2000 2001 2000   
8.4 750210  Nickel, not alloyed, unwrought 8.8 2007 2001 2001 2000 2008 2000   
6.4 720241  Nickel, not alloyed, unwrought 7.1 nis 2001 2001 2000 2001 2000   
3.8 490700  Unused postage/revenue/sim. stamps 12.3 2007 2005 2001 200 2008 2006   
1.5 710813  Gold (incl. gold plated with 
platinum) 13.8 2007 2001 2008 2000 2001 2006   
1.4 170111  Cane sugar, raw, in solid form 32.9 E 2005 2012 E 2008 2012 2005 
1.4 240220  Cigarettes cont. tobacco 40.0 2012 2012 2012 2004 2012 2006   Zimbabwe 
(2004) 
1.2 252400  Asbestos 9.6 2007 2001 2001 2000 2008 2012   
Total 66.2 Average rate 17.4        
n.i.s.   Not in schedule.  
E=  Excluded.  E* Only partially excluded.  
Note: In instances where more than one HS 8-digit tariff line a pplies to the import of a given HS 6-digit export, the longest p eriod of 
liberalization has been used.  Only ad valorem  duties were used to calcu late average MFN rates. 
Source : WTO Secretariat based on Trade Data (COMTRADE) and schedules submitted by the Parties.  
 
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