Prohibited and Restricted Imports
- Prohibited goods are goods that are not allowed to be imported, exported or transferred into or outside any of the Partner States.
- According to EACCMA, 2004, “prohibited goods means any goods the importation, exportation, or carriage coastwise, of which is prohibited under this Act or any law for the time being in force in the Partner States.
- Restricted goods are goods whose importation or exportation is subject to meeting specific conditions before they are allowed to be cleared through Customs.
- According to EACCMA, 2004, “restricted goods are any goods the importation, exportation, transfer or carriage coastwise must abide with any set conditions regulated by or under the Customs laws”.
Legal Framework for Prohibited and Restricted Imports & Goods Carried Coastwise
- Section 18 of EACCMA, 2004 provides that goods specified in Part A of the Second Schedule are prohibited goods and the importation thereof is prohibited, whereas goods specified in Part B of the Second Schedule are restricted goods and the importation thereof, save in accordance with any conditions regulating their importation, is prohibited.
- Section 19(1) of EACCMA, 2004 provides the Council’s powers to, by order published in the Gazette:
- Amend the Second Schedule so as to provide that the importation of any goods or class of goods—is prohibited, either generally or in or in relation to any Partner State;
- Amend the Second Schedule so as to provide that the importation of any goods or class of goods is restricted;
- Provide that the importation into a Partner State, or any area thereof, of any goods, or class of goods, shall be prohibited or shall be restricted;
- Limit in respect of a Partner State the application of the provisions of the Second Schedule in respect of all or any of the goods specified therein; and thereupon in respect of such goods the provisions of this Act shall apply as if such goods are, or are not, as the case may be, included in the Second Schedule;
- Prohibit or restrict the importation of any goods, or class of goods, either generally or in any particular manner, either from all places or from any particular country or place.
- Section 20 of EACCMA, 2004 provides that goods imported in transit or transshipment, or as stores of any aircraft or vessel, shall not be prohibited or restricted unless:
- The goods are within paragraph 2 of Part A of the Second Schedule of EACCMA, 2004 (that is: false money, counterfeit currency notes and coins and any money with no established standard in weight or fineness); or
- The goods are expressly prohibited or restricted in the Act (EACCMA, 2004).
- Notwithstanding, with regard to transit and transshipment goods, section 86 of EACCMA, 2004 as read with Regulation 56 of EACCMR, 2010 provides that, “The Commissioner, may in the public interest or for the protection of public morality, safety, health or hygiene, or animal or plant health prohibit, restrict or otherwise control the entry of certain goods or means of transport from entering a Partner State.”
Conventions Governing Prohibitions and Restrictions
- International conventions on narcotic drugs
- Shanghai Convention, 1909
- The Single Convention on Narcotic Drugs, 1961
- The Convention on Psychotropic Substances, 1971
- The United Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
2. CITES- Convention on International Trade for Endangered Species
3. Basel (1992)-hazardous wastes /disposal
4. Stockholm (2004)-Persistent Organic Pollutants (POPs)
5. Rotterdam-prior informed consent on chemicals
6. Montreal (1987)-Ozone depleting substances
7. Chemical Weapons Conventions
8. Lusaka Agreement Task Force (LATF)
Reasons for Prohibition or Restriction of Goods
- Political reasons
- Health reasons
- Economic reasons
- Safety and Security reason
- Environmental and agricultural reason
- Social reasons
- Protection of wildlife