Control of Goods (Import and Export) (Agriculture) (Prohibition of Export) Order, 2019

1. This Order may be cited as the Control of Goods (Import Title and Export) (Agriculture) (Prohibition of Export) Order, 2019.

2. In this Order, unless the context otherwise requires— Interpretation “authorised officer” includes— (a) a police officer; (b) a customs officer; (c) an immigration officer; (d) an officer from the Defence Force of Zambia; (e) an intelligence officer; (f) an officer from the Drug Enforcement Commission; (g) an officer from the Anti-Corruption Commission; or (h) any other person appointed as such in writing by the Minister; “border” has the meaning assigned to the word in the Boarder Management and Trade Facilitation Act, 2018; Act No. 12 of 2002 “border town” means a town or city close to the boundary between the Republic and an adjoining state; “building” includes any structure whether of a permanent or temporary nature and a part of a building or structure or but does not include plant or machinery comprised in a building; Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K8.00 each 306 Statutory Instruments 4th October, 2019 Cap. 322 Act No. 12 of 2018 Prohibition of export of certain commodities and goods “conveyance” means an aircraft, ship, vessel, train, vehicle, carriage, cart or other conveyance of whatever kind, including the fittings and equipment of the conveyance; “customs port” means a customs port designated by the Minister responsible for finance in accordance with the Customs and Excise Act; “export” means to take goods or cause goods to be taken out of Zambia, and cognate expressions shall be construed accordingly; “exporting entity” means the Government or another entity specified to in paragraph 3; and “territorial main road” and “ inter-territorial main road” has the meaning assigned by Section 10 of the Public Roads Act, 2002.

3. (1) The export of the commodities and goods listed in the Schedule is prohibited from the date of publication of this Order. (2) This Order does not apply to the export of commodities and goods referred to in sub-paragraph (1) by— (a) the Government of the Republic of Zambia to the Government of another country; and (b) the World Food Programme. Revocation of permits

4. A permit issued for the export of commodities and goods listed in the Schedule before the coming into operation of this Order is revoked. Restriction of movement of goods

5. The owner or a person in control of a conveyance shall not transport the goods listed in the Schedule to a border town between 6:00pm and 06:00am. Conveyance to use territorial main road or inter- territorial main road Inspection

6. A conveyance transporting the goods listed in the Schedule for delivery to a district where there is a customs port or a border town shall use a territorial main road or inter-territorial main road.

7. A court may issue a warrant for the purposes of paragraph 3, if it appears from written information given by an authorised officer on oath or affirmation that there are reasonable grounds to believe that this Order has been or is about to be contravened. Seizure of property

8. (1) Where an authorised officer has reason to believe that an offence has been committed under this Order, the authorised officer may seize any building, conveyance tool, instrument, 4th October, 2019 Statutory Instrument 307 machinery, equipment and other property reasonably suspected of having been used in the commission of the offence may be seized and detained until an order of the court is made regarding the disposal thereof. (2) The Forfeiture of Proceeds of Crime Act, 2010, applies in relation to a good, conveyance, building or other property liable to seizure or forfeiture under this Order. Act No. 19 of 2010

9. A person who contravenes paragraphs 3 and 6 commits an offence for the purposes of the Customs and Excise Act or any other applicable written law. Offence and penalty Cap. 322 308 Statutory Instruments 4th October, 2019 1005 1102 1103

23.02 SCHEDULE (Paragraph 3) Maize (corn) 1005.90.00 Other Cereal flours other than of wheat or meslin 1102.20.00 - - Maize (corn) flour Cereal grouts, meal and pellets Grouts and meal: 1103.13.00 - - Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting milling or other working of cereals of leguminous plants 2302.10.00 of maize (corn) of maize (corn) LUSAKA 20th September, 2019 [MOA.8/1/12] M. J. KATAMBO, Minister of Agriculture