How to claim SADC duty-free treatment: the rules of origin

How goods qualify

• Goods must be consigned directly from one member state to a consignee in another (Rule 2).
• They must be wholly produced in a member state, or made there from materials that are not wholly produced there and have undergone sufficient working or processing (Rule 2).
• Sufficient working or processing is tested product by product against the list in Appendix I.
• The member states are treated as one territory, so originating materials from any member state, processed in another, count as originating in the state of final processing (Rule 2).
• Agricultural products obtained from food aid or monetisation are not eligible.

Steps to claim

1. Find your product's rule in Appendix I. Look up the HS heading. Customs Declare summarises the rule type for each six-digit code it holds.
2. Test your materials against the rule. The rule is one of: change of tariff heading or subheading, a cap on the value of non-originating materials, a cap on their weight, a chemical processing rule, or a specific process. Some products list alternatives, such as a heading change or a value cap.
3. Work out the value of materials correctly. 'Value of materials' is the customs value of the non-originating materials at importation, including transport to the port or place of importation, loading, unloading and handling, and insurance. The ex-works price is the price paid to the manufacturer where the last working or processing was carried out, including the value of all materials and profit.
4. Check the operations are not insufficient. Rule 3 lists operations that do not on their own support an origin claim. Read it before you rely on a simple process.
5. Apply the value tolerance if you need it. Non-originating materials that the list would forbid may be used if their total value is no more than 15% of the ex-works price, without exceeding any percentage the list sets. The tolerance does not apply to HS Chapters 50 to 63, 87 and 98 (Rule 2).
6. Obtain the certificate of origin. The claim must be supported by a certificate given by the exporter or an authorised representative, in the Appendix II form, and authenticated with a seal by the authority the exporting member state has designated (Rule 9). If the producer is not the exporter, the producer must give the exporter a written declaration in the Appendix III form.
7. Present it with the goods and expect possible verification. If the importing authority doubts the certificate, it may require further verification, to be done within three months of the request, on the Appendix IV form. It may not stop you taking delivery solely for that reason, but may require security for duty that may be payable, unless the goods are prohibited (Rule 9).

Special cases

• Textile and clothing goods of HS Chapters 50 to 63 exported to the Southern African Customs Union by Malawi, Mozambique, Tanzania or Zambia have a separate set of conditions in column 4 of Appendix I, subject to quantitative limits agreed on 4 August 2000 (Rule 2).
• Authorities keep copies of certificates and supporting evidence for at least five years (Rule 9). We recommend you keep your own production and materials records for the same period.
• Each member state deposits with the Secretariat the names of the agencies authorised to issue certificates and specimen signatures and stamps (Rule 9).

If documents are untrue

Member states undertake to have penalties against persons who furnish, or cause to be furnished, documents that are untrue in any material sense (Rule 10). An unsupported claim can also mean duty is charged. Keep your production records complete.

Frequently asked questions

Sources

• SADC Protocol on Trade, Annex I: Rules of Origin (revised October 2008)
• Southern African Development Community

Last verified: 2026-09-29

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