Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities by Road) (Reservation) Regulations, 2021

1. These Regulations may be cited as the Citizens Economic Empowerment (Transportation of Heavy and Bulk Commodities by Road) (Reservation) Regulations, 2021. Title

2. In these Regulations, unless the context otherwise requires— Interpretation “Anti-Corruption Commission” means the Anti-Corruption Commission established under the Constitution; Cap. 1 “authorised officer” means— (a) a police officer; (b) an officer of customs; (c) an immigration officer; (d) an officer from the Drug Enforcement Commission; (e) an officer from the Anti-Corruption Commission; (f) an officer from the Road Transport and Safety Agency; or (g) any person appointed as an authorised officer, in writing, by the Minister; “commodity” means a heavy and bulky commodity set out in the Schedule; “documentation” includes a consignment note, waybill or manifest; Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101, Lusaka, Price K12.00 each 138 Statutory Instruments 4th May, 2021 Cap. 1 Act No. 11 of 2002 Transportation of heavy and bulky commodity by road S.I. No. 7 of 2018 “Drug Enforcement Commission” means the Drug Enforcement Commission established under the Constitution; “local road transporter” means a citizen empowered company, citizen owned company, citizen influenced company and a targeted citizen; and “Road Transport and Safety Agency” means the Road Transport and Safety Agency established under the Road Traffic Act, 2002.

3. (1) Subject to the Railways (Transportation of Heavy Goods) Regulations, 2018, a person who intends to transport a commodity by road shall give preference to a local road transporter in accordance with these Regulations. (2) These Regulations apply to— (a) a producer, manufacturer or user of a raw material of a commodity; (b) an oil supplier; (c) the following companies: (i) a logistics company; (ii) a clearing and forwarding company; and (iii) an oil marketing company; and (d) the transportation by road of a commodity to a person’s plant, industry or place of business. Export transportation

4. A person who intends to export a commodity referred to in the Schedule, from the Republic to another country, shall ensure that at least fifty percent of the commodity is transported by a local road transporter. Domestic transportation

5. A person who intends to transport a commodity referred to in the Schedule within the Republic shall ensure that the commodity is transported only by a local road transporter. Import transportation

6. A person who intends to import a commodity referred to in the Schedule, into the Republic, shall ensure that at least fifty percent of the commodity is transported by a local road transporter. Proof of compliance

7. An authorised officer may direct a transporter of a commodity to provide proof of compliance with these Regulations and that transporter shall provide documentation to an authorised officer as proof of compliance. 4th May, 2021 Statutory Instruments 139

8. (1) A person who contravenes these Regulations commits an offence and is liable, on conviction, to a fine not exceeding eight thousand penalty units or to imprisonment for a period not exceeding three years, or to both. Offence (2) Where an offence under these Regulations is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner, that director, manager, shareholder or partner of the body corporate or unincorporate body commits an offence and is liable, on conviction, to the penalty or term of imprisonment specified under subregulation (1). 140 Statutory Instruments 4th May, 2021 SCHEDULE (Regulations 5, 6 and 7) PREFERENTIAL ROAD FREIGHT COMMODITIES A. EXPORT COMMODITY Commodity Anode Cobalt Cement Clinker Concentrates Copper Cotton Fertilizer Lime Maize Maize Bran Manganese Mealie Meal Molasses Nickel Potato Silicone Soya Cake Steel Sugar Sulphuric Acid Tobacco Wheat Wood/Timber Zinc B. DOMESTIC TRANSPORTATION COMMODITY Commodity Anode Cobalt Cement Clinker Concentrates Copper Cotton Coal Fertilizer Fuels-Local Lime 4th May, 2021 Statutory Instruments 141 Maize Maize Bran Manganese Mealie Meal Molasses Nickel Potato Silicone Soya Cake Steel Sugar Sulphuric Acid Tobacco Wheat Wood/Timber Zinc Fertilizer Petroleum Maize C. IMPORT COMMODITY Commodity LUSAKA President 30th April, 2021 [MTC/64/9/29] EDGAR C. LUNGU, 142 Statutory Instruments 4th May, 2021