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Border Management and Trade Facilitation Act, 2025

Act 8 of 2025

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Border Management and Trade Facilitation Act, 2025
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Citation
Act 8 of 2025
Date
19 August 2025
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English
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Zambia

Border Management and Trade Facilitation Act, 2025

Act 8 of 2025

An Act to provide for co-ordinated border management and control for the efficient movement and clearance of goods; give effect to the provisions of agreements relating to one-stop border posts; provide for simplified trading arrangements with adjoining States relating to the movement and clearance of goods; establish control zones and provide for powers of officers in control zones; provide for the development, management and maintenance of border infrastructure; authorise the application of the laws of the Republic and the laws of an adjoining State in a one-stop border post; repeal and replace the Border Management and Trade Facilitation Act, 2018; and provide for matters connected with, or incidental to, the foregoing.ENACTED by the Parliament of Zambia.

Part I – Preliminary provisions

1. Short title and commencement

This Act may be cited as the Border Management and Trade Facilitation Act, 2025, and shall come into operation on the date appointed by the Minister by statutory instrument.

2. Interpretation

In this Act, unless the context otherwise requires—“adjoining State” means a State that shares a common border with the Republic;“applicable laws” means, in relation to—(a)the Republic, the laws listed in the Second Schedule; and(b)an adjoining State, the laws listed in a border agreement or any law of an adjoining State which corresponds to this Act;“appropriate authority” means an authority with functions related to, or impacting on, the importation, exportation, clearance, control or regulation of goods, control of persons entering or exiting the Republic and regulation of services relating to the movement and clearance of goods and persons at, from, and across, ports of entry;“border” means the boundary that demarcates the territory between the Republic and an adjoining State;“border agreement” means an agreement relating to the establishment of a one-stop border post or simplified trading arrangement entered into by the Republic and an adjoining State in accordance with section 14;“border authority” means a public authority exercising border controls at a port of entry;“border control” means measures taken by a competent authority or authorisation provided in the relevant laws to monitor and regulate the movement of goods and persons at a port of entry;“border infrastructure” means an office, a building and any other facility at a port of entry and in a control zone;“border management committee” means a border management committee constituted under section 11(1);“Committee” means the National Trade Facilitation Committee constituted under section 8;“competent authority” means an authority named in a border agreement that is entitled to issue and receive authorisations, notifications or act in a particular matter on behalf of the Republic or an adjoining State;“control zone” means a part of the territory of an adjoining State and the Republic within which officers are authorised to conduct border controls;“coordinated border management service charter” means a document that sets out services that are provided by an appropriate authority to persons in the clearance of imports and exports;“customs port” has the meaning assigned to the words in the Customs and Excise Act;[Cap. 322]“Customs Services Division” has the meaning assigned to the words in the Customs and Excise Act;[Cap. 322]“duty free status” means an act of trading without paying import duty on specified goods;“ecommerce” has the meaning assigned to the word in the Electronic Communications and Transactions Act, 2021;[Act No. 4 of 2021]“Electronic Government Division” means the Electronic Government Division established under the Electronic Government Act, 2021;[Act No. 41 of 2021]“exclusive use area” means an area in a control zone designated for the exclusive use of an adjoining State or the Republic;“facilitation agent” means a person, other than an officer, registered in accordance with any written law and is responsible for providing services for the completion of border clearance procedures;“host State” means a State where entry or exit border controls are effected;“Immigration Department” means the Immigration Department in the Ministry responsible for home affairs;“integrated risk management framework” means the guidelines, standards and practice for the application of risk management by customs and other appropriate authorities in an integrated and coordinated approach to import, export and transit of goods;“joint border management committee” means the joint border management committee constituted under section 11(2);“law enforcement agency” means a person or agency authorised to enforce the law in accordance with the laws of the Republic or of an adjoining State;“Lead Agency” means the authority designated as Lead Agency in accordance with section 5;“legally disqualified” means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;[Act No. 6 of 2019]“non-intrusive inspections” means a method used to screen imported and exported goods, and goods in transit;“officer” means a person who holds a position of authority in the Republic or in an adjoining State and is responsible for exercising border controls and other functions in accordance with this Act and any other written law in the Republic or an adjoining State;“one-stop border post” means a border post established under an agreement entered into between the Republic and an adjoining State that enables goods, people and vehicles to undergo the necessary border controls at once;“Partner State” means a State Party to a border agreement;“Plant Quarantine and Phytosanitary Service” means the Plant Quarantine and Phytosanitary Services Department in the Ministry responsible for agriculture;“port of entry” has the meaning assigned to the words in the Immigration and Deportation Act, 2010;[Act No. 18 of 2010]“repealed Act” means the Border Management and Trade Facilitation Act, 2018;[Act No. 12 of 2018]“risk management” means the systematic identification, assessment, evaluation, treatment and monitoring of risk and the application of principles, procedures and practices by customs and other appropriate authorities when addressing import, export or transit of goods;“risk management platform” means a platform on the Zambia Electronic Single Window System which allows for input, output, and reporting of information used for risk management by customs and other appropriate authorities for the clearance of goods under import, export and transit;“simplified trading arrangement” means a border arrangement to simplify clearing procedures and reduce the cost of trading for small scale cross-border traders;“single entry point” means an electronic system that allows a person to file and submit export, import and transit related information or documents using a single declaration;“single payment point platform” means an electronic platform for making payments for duties, taxes, fees and levies to the Republic;“small scale cross-border trader” means a person who imports and exports goods in small quantities using simplified trading arrangements with an adjoining state;“State institution” has the meaning assigned to the words in the Constitution;[Cap. 1]“Steering Committee on Trade Facilitation” means the Steering Committee on Trade Facilitation constituted under section 7;“trade facilitation” means the simplification, standardisation and harmonisation of activities, practices, procedures and formalities involved in the movement, clearance and release of goods, including goods in transit;“visa” has the meaning assigned to the word in the Immigration and Deportation Act, 2010;[Act No. 18 of 2010]“Zambia Compulsory Standards Agency” means the Zambia Compulsory Standards Agency established under the Compulsory Standards Act, 2017;[Act No. 3 of 2017]“Zambia Electronic Single Window System” means the electronic facility that allows a person involved in trade and transport to lodge standardised information and documents at a single entry point to fulfil import, export and transit related regulatory requirements;“Zambia Police Service” means the Zambia Police Service established under the Constitution; and[Cap. 1]“Zambia Revenue Authority” means the Zambia Revenue Authority established under the Zambia Revenue Authority Act.[Cap. 321]

3. Application

This Act applies to a—
(a)customs port to enable officers of the Republic to carry out border controls at a port of entry; and
(b)control zone to enable officers of the Republic and those of an adjoining State who are party to a border agreement, to carry out border controls at a one-stop border post.

4. Legislation relating to border control at port of entry

(1)The legislation listed in the Second Schedule relates to border controls at a port of entry and is the basis for border control operations by the appropriate authorities specified under section 16.
(2)The Minister may, by statutory instrument, add or remove legislation listed in the Second Schedule.

Part II – Administration

5. Lead Agency

(1)The Zambia Revenue Authority is the Lead Agency at ports of entry and is responsible for coordinating border operations.
(2)Subject to section 6(2), where the Zambia Revenue Authority is not present at a port of entry, the Immigration Department shall perform the functions of the Lead Agency.
(3)The Minister may appoint, by statutory instrument, any other appropriate authority referred to under section 16(1)(c), (d), (e) and (f) to perform the functions of the Lead Agency where both the Zambia Revenue Authority and the Immigration Department are not present at a port of entry.

6. Functions of Lead Agency

(1)The functions of the Lead Agency are to—
(a)coordinate the import and export of goods and services;
(b)coordinate the implementation of border agreements at ports of entry in accordance with this Act and the provisions of the border agreement;
(c)coordinate the conduct of facilitation agents in control zones or customs control areas at ports of entry;
(d)enforce deadlines for declaration processing;
(e)provide a single payment point platform through the Zambia Electronic Single Window System;
(f)manage the Zambia Electronic Single Window System to provide connectivity to the appropriate authorities to facilitate trade;
(g)integrate electronic systems of public and private entities involved in receipting, processing and approving of documents relating to international trade transactions;
(h)provide an electronic platform for the issuance of import and export permits or approvals through the Zambia Electronic Single Window System;
(i)develop, manage and promote interchange of electronic data for facilitation of trade;
(j)coordinate research and surveys in ecommerce aimed at simplifying, standardising and harmonising trade documentation;
(k)maintain an electronic database of all imported and exported goods and services and the levies, fees, duties and taxes charged on imported and exported goods and services;
(l)monitor the operations at a port of entry to ensure compliance with this Act or a border agreement;
(m)coordinate the functions, systems and processes of the appropriate authority in a manner that provides a uniform approach as agreed between the Partner States;
(n)collaborate with regional and international institutions or agencies to promote trade facilitation;
(o)ensure appropriate signs are provided and maintained in the control zones and border facilities; and
(p)perform any other function necessary that may be assigned in any other written law in accordance with a border agreement.
(2)Where the functions of the Lead Agency are delegated to the Immigration Department under section 5(2) or an appropriate authority referred to under section 5(3), the functions shall be limited to those specified under subsection (1)(a), (b), (c), (k), (l) and (m).

7. Constitution of Steering Committee on Trade Facilitation

(1)There is constituted the Steering Committee on Trade Facilitation whose function is to provide policy direction to the Minister on matters relating to trade facilitation under the direction of the Secretary to the Cabinet.
(2)The Steering Committee on Trade facilitation consists of the following part-time members appointed by the Minister:
(a)the Secretary to the Cabinet, as Chairperson;
(b)the Permanent Secretary responsible for policy analysis and coordination, Cabinet Office, as Vice-Chairperson;
(c)the Permanent Secretary of the ministries responsible for—
(i)commerce, trade and industry;
(ii)transport and logistics;
(iii)local government and rural development;
(iv)home affairs and internal security;
(v)infrastructure, housing and urban development;
(vi)finance and national planning;
(vii)fisheries and livestock;
(viii)agriculture; and
(ix)health;
(d)the National Coordinator of the Electronic Government Division;
(e)the Director-General of the Immigration Department;
(f)the Inspector-General of Police;
(g)the Commissioner-General of the Zambia Revenue Authority;
(h)the Chief Executive Officer of the Zambia Chamber of Commerce and Industry;
(i)a person nominated from an association representing customs clearing and forwarding agents;
(j)the Secretary-General of the Cross-Border Traders Association; and
(k)a person nominated from an association representing transporters.
(3)The Steering Committee on Trade facilitation shall, in the performance of its functions—
(a)consult and cooperate with any State institution in the implementation of this Act;
(b)review recommendations from the Committee; and
(c)recognise the role of other agencies in implementing matters relating to trade facilitation.
(4)The First Schedule applies to the Steering Committee on Trade Facilitation.

8. Constitution of National Trade Facilitation Committee

(1)There is constituted a National Trade Facilitation Committee which consists of part-time members representing institutions listed in the Third Schedule, appointed by the Minister.
(2)The institutions or organisations referred to under subsection (1) shall nominate their representatives for appointment by the Minister.
(3)The Chairperson of the Committee shall be a representative from the Ministry responsible for trade.
(4)The Vice-Chairperson of the Committee shall be a representative from the Zambia Revenue Authority.
(5)A person shall not be nominated or appointed as a member of the Committee if that person is—
(a)an undischarged bankrupt;
(b)legally disqualified from performing the functions of a member; or
(c)convicted of an offence under this Act or any other written law and is sentenced to imprisonment for a period exceeding six months without the option of a fine within a period of five years preceding the appointment.

9. Functions of Committee

The functions of the Committee are to—
(a)coordinate and monitor policy on border management controls and trade facilitation;
(b)report and make policy recommendations to the Steering Committee on Trade Facilitation for consideration on matters relating to border management controls and trade facilitation; and
(c)perform any other functions as may be necessary to give effect to the provisions this Act.

10. Secretariat of Committee

(1)The Minister shall designate a department in the Ministry responsible for trade to be the secretariat of the Committee and shall be assisted by the Customs Services Division.
(2)The secretariat is responsible for the administration of the day-to-day affairs of the Committee under the general supervision of the Ministry responsible for trade.
(3)The First Schedule applies to the Committee.

11. Constitution of border management committee and joint border management committee

(1)There shall be constituted a border management committee at every port of entry consisting of appropriate authorities operating at that port of entry and any association representing the private sector listed in the Third Schedule.
(2)There shall be constituted a joint border management committee at every one-stop border post consisting of appropriate authorities operating at that border post, border agencies from the adjoining State operating at that border post, and any association representing the private sector listed in the Third Schedule.
(3)The Committee shall appoint members of the border management committee and the joint border management committee.
(4)The border management committee or the joint border management committee shall be responsible for—
(a)enhancing border agency coordination;
(b)implementing policy decisions affecting border operations; and
(c)providing technical advice on border operations to appropriate authorities.
(5)A representative of the Lead Agency shall be the chairperson of the border management committee.
(6)The joint border management committee shall be co-chaired by a representative of the Lead Agency from the Republic and an adjoining State.
(7)The border management committee and joint border management committee shall regulate its own procedures.
(8)The First Schedule applies to the border management committee and joint border management committee.

Part III – Trade agreements

12. Trade agreements

(1)The President may enter into a trade agreement with an adjoining State for purposes of trade facilitation and ensuring reciprocity in the application of border controls.
(2)The President may delegate the powers conferred under subsection (1) to a minister.
(3)A trade agreement that the President may enter into may include a simplified trading arrangement and a one-stop border post agreement.

13. Simplified trading arrangement

A simplified trading arrangement referred to under section 12(3) shall include—
(a)simplified customs and origin conferring documentation;
(b)a maximum value threshold within which a simplified trading arrangement applies;
(c)provision of duty-free status on specified goods for small scale cross border traders;
(d)a list of products, agreed with the adjoining State, to which the simplified trading arrangement applies; and
(e)any other simplified trading arrangement as may be prescribed.

14. One-stop border post agreement

A one-stop border post agreement referred to under section 12(3) may provide for—
(a)the establishment and defining of a control zone;
(b)the harmonisation of the infrastructure and facilities in a control zone;
(c)the synchronisation of hours of operation within a control zone and modification of business days and hours for operations in a control zone;
(d)the procedures for financial arrangements relating to free transfer of money and trade facilitation within a control zone;
(e)the appointment and functions of facilitation agents in a control zone;
(f)extra-territorial application of national laws of the Republic in a control zone in an adjoining State;
(g)the direct movement of goods and persons to an adjoining State;
(h)only one-stop for both exit and entry clearance control;
(i)the allocation of facilities on the basis of indicated needs;
(j)application of risk management by appropriate authorities to facilitate operations at all one-stop border posts;
(k)joint entry and exit formalities;
(l)information sharing and confidentiality;
(m)dispute resolution mechanism;
(n)the development of operational procedures manual; and
(o)any other matter as may be prescribed.

15. Publication of border agreement

The Minister shall cause a border agreement to be published in the Gazette, within thirty days of that agreement entering into force.

Part IV – Border management

16. Number of appropriate authorities at port of entry

(1)The following six appropriate authorities shall operate at a port of entry:
(a)Zambia Revenue Authority;
(b)Immigration Department;
(c)Ministry of Health;
(d)Zambia Compulsory Standards Agency;
(e)Plant Quarantine and Phytosanitary Service; and
(f)Department of Veterinary Services.
(2)Despite subsection (1), an association from the private sector listed in the Third Schedule may operate at a port of entry.
(3)An appropriate authority referred to under subsection (1) may, for the purposes of performing its function under this Act, delegate any of its functions to another appropriate authority referred to under subsection (1).
(4)An appropriate authority referred to under subsection (1) shall perform a statutory function delegated by any other appropriate authority not specified under subsection (1).

17. Operating hours and days

The operating hours and days at a port of entry for the appropriate authorities referred to under section 16 shall be prescribed.

18. Coordinated border management

(1)The Lead Agency shall, in coordinating the conduct of facilitating imports, exports and goods in transit—
(a)ensure that information, including results from the non-intrusive inspection, is shared with appropriate authorities through the Zambia Electronic Single Window System;
(b)develop and review the coordinated border management service charter, in consultation with all the appropriate authorities for each process in the clearance of imports, exports and goods in transit;
(c)enforce system reminders for any delayed processes; and
(d)monitor processing of documents by each appropriate authority.
(2)The Lead Agency shall, in collaboration with an appropriate authority develop and implement—
(a)a mechanism to facilitate clearance inland in accordance with the relevant applicable laws where there is a delay in any clearance process; and
(b)standard operating procedures for coordinated border management operations.

19. Declaration powers

(1)All imports, exports and transits shall be declared or cleared in accordance with the Customs and Excise Act.[Cap. 322]
(2)A person entering or exiting the Republic shall be cleared in accordance with the Immigration and Deportation Act, 2010.[Act No. 18 of 2010]
(3)The Lead Agency shall coordinate joint inspections, in collaboration with the relevant appropriate authority, where an inspection of goods is necessary.

20. Pre-clearance

(1)An appropriate authority shall conclude the border clearance process in accordance with the Customs and Excise Act, prior to the arrival of goods, where practicable.[Cap. 322]
(2)Where a customs declaration is made through preclearance, the Lead Agency shall coordinate the facilitation of preclearance with a relevant appropriate authority.

Part V – Designation and operation of control zone

21. Establishment and designation of control zones

(1)The Minister may, in collaboration with an adjoining State, through a border agreement, establish and designate control zones in the Republic and an adjoining State on terms and conditions that may be specified in a border agreement relating to a one-stop border post.
(2)The Minister shall, in consultation with relevant appropriate authorities establish and designate control zones at ports of entry for one-stop border post processing arrangements.
(3)An appropriate authority operating in a control zone for purposes of offering one-stop border post processing arrangements shall do so in accordance with this Act.
(4)A control zone established and designated in accordance with subsection (1) may be wholly or partially located in the Republic or an adjoining State or be in some other mutually agreed location as specified in a border agreement.
(5)A control zone established and designated in accordance with subsection (1) shall be arranged in a way that for each direction of travel, border controls shall be carried out at a port of entry depending on the configuration, from a single stop location.

22. Exclusive use areas within control zones

(1)There shall be exclusive use areas within a control zone which may be identified by official signs.
(2)An officer shall control the entry in the exclusive use areas and may request for assistance from competent authorities of an adjoining State.

23. Border control in control zones by officer of adjoining State

(1)An officer of an adjoining State may carry out border controls within a control zone in accordance with the terms and conditions specified in a border agreement.
(2)Where an officer of an adjoining State exercises border controls specified under subsection (1), that officer may exercise the border controls in accordance with the laws of that adjoining State.

24. Joint controls

(1)An officer of the Republic and an officer of an adjoining State may jointly conduct border controls.
(2)Despite subsection (1), an officer in the Republic may rely on the results of an inspection and search conducted by an officer of an adjoining State.

25. Free movement of officer in control zone

(1)For the purposes of this Act, an officer—
(a)shall move freely in a control zone to carry out official duties;
(b)shall not be required to produce a passport or visa; and
(c)may pass through border controls of an adjoining State on production of appropriate evidence of the officer’s identity and status as provided in a border agreement.
(2)The Lead Agency may, in consultation with an appropriate authority, develop border specific guidelines on activities that are not allowed in the control zone.

26. Appointment and number of officers in control zones

(1)An appropriate authority shall appoint officers who shall perform functions in a control zone.
(2)An appropriate authority shall submit to the Lead Agency the number and names of officers appointed to perform duties in the control zone.
(3)The Lead Agency shall, in consultation with the appropriate authorities and competent authority of an adjoining State, determine the number of officers who shall perform duties in a control zone.
(4)The Lead Agency shall inform an adjoining State, in writing, of the names and designation of the officers in the Republic who shall be working within a control zone and in the event of any change, the Lead Agency shall without delay communicate that change to the adjoining State.

27. Identification card

(1)The Lead Agency shall issue an identification card to an officer for use in the control zone.
(2)An officer shall, while performing official duties in a control zone, wear the official uniform and visible distinctive insignia of the respective appropriate authority or adjoining State and visibly display the officially issued identification card.
(3)Despite subsection (2), where an officer is not required to wear uniform, by reason of the officer’s work, the officer shall display the identification card.

28. Carrying of firearm

An officer shall not carry a firearm in a control zone, except where—
(a)the officer belongs to a law enforcement agency of the Republic or an adjoining State duly authorised by law; or
(b)specifically authorised by the Ministry responsible for home affairs as specified in a border agreement.

29. Protection to officers and compensation

(1)The Lead Agency and the competent authorities in an adjoining State shall grant protection to officers operating in a control zone from loss, injury or damage caused by or to an officer of the Republic, or to an officer of an adjoining State in the course of performing functions in a control zone as provided in a border agreement.
(2)A claim for compensation for loss, injury or damage caused by or to an officer of the Republic or an officer of an adjoining State in the course of performing functions in a control zone shall be subject to the laws of the respective State as if the circumstances giving rise to the claim had occurred in that State.

30. Traffic control

The Lead Agency and an officer of an adjoining State shall implement measures for effective control of traffic in control zones.

31. Equipment for official use

(1)Equipment which is necessary to enable an officer of the Republic or an adjoining State to carry out official functions in a control zone shall be freely transferable within the control zone and shall not be regarded as imports or exports on entry or exit.
(2)The equipment referred to under subsection (1) shall be declared to the Lead Agency and an inventory shall be kept by an appropriate authority.

32. Communication equipment in control zones

(1)An officer of an adjoining State shall, while performing official functions in the Republic, be authorised to establish communication links with an adjoining State, including the extension of the local area telecommunication and other networks into the control zone of an adjoining State.
(2)The Lead Agency may, where necessary, assist an officer of an adjoining State to obtain telecommunications and other communication services, subject to the necessary legal authorisations, prevailing commercial costs and conditions.

33. Laws of adjoining State to apply in control zones

(1)Where there is a border agreement between the Republic and an adjoining State, the laws relating to border controls of an adjoining State shall apply in a control zone located in the Republic and be effected by the officers of an adjoining State in the same way as an adjoining State.
(2)A contravention of the laws concerning border controls of an adjoining State relating to the control zone located in the Republic shall be subject to the laws of an adjoining State as if the contravention had occurred in the adjoining State.

34. Authorisation in control zones

(1)A person shall not carry out activities in a control zone without authorisation from the Lead Agency.
(2)The Lead Agency shall, in consultation with other appropriate authorities, develop guidelines on activities allowed in the control zone.

35. Criminal acts for non-border control laws

The law enforcement agencies shall handle non-border control related criminal offences committed in a control zone in the Republic in accordance with the applicable laws.

Part VI – Conduct of Facilitation Agent in Control Zone

36. Access to control zones by facilitation agents

(1)A facilitation agent shall have access to a control zone and facility in a control zone for official purposes where that facilitation agent presents a valid identification card issued for that purpose by the Lead Agency.
(2)For the purposes of subsection (1), a facilitation agent shall not be required to produce a travel document or visa.
(3)A facilitation agent shall, while in the control zone—
(a)be in possession of the identification card referred to under subsection (1); and
(b)show the identification card to a person who requests to see the identification card or is the subject of an investigation under this Act.

37. Performance of functions in control zones

(1)A facilitation agent shall, in the performance of functions in a control zone, be subject to the laws of the Republic or the laws of an adjoining State, as the case may be.
(2)Despite subsection (1), a facilitation agent shall provide services in accordance with the border control laws under whose jurisdiction that facilitation agent falls.

38. Communication with officers

A facilitation agent may, while performing functions in a control zone, communicate with that agent’s offices outside the control zone to establish communications links that may be required.

Part VII – The Zambia Electronic Single Window System

39. Zambia Electronic Single Window System

(1)The Lead Agency shall operate the Zambia Electronic Single Window System.
(2)The Zambia Electronic Single Window System shall serve as a single-entry point and platform for any person involved in trade facilitation to—
(a)lodge documents electronically including the import, export and transit of documents for processing and approval;
(b)facilitate the payment on the single payment point platform for duties, taxes, fees and levies, due to the Republic, on goods imported, exported or in transit for transactions submitted through the Zambia Electronic Single Window System;
(c)facilitate single payment receipt for duties, taxes, fees and levies, paid to the Republic, on goods imported, exported or in transit for transactions submitted through the Zambia Electronic Single Window System;
(d)enable the synchronised processing of data or information;
(e)facilitate electronic transactions in trade and reduce legal and operational barriers to electronic transactions; and
(f)facilitate the co-ordination and partnership between the Customs Services Division, other appropriate authorities and the private sector in trade facilitation.
(3)Where there is an interruption in a method of payment relating to a transaction undertaken in the Zambia Electronic Single Window System, the Lead Agency shall—
(a)notify the users at any foreseeable and unforeseen service interruption within prescribed time lines; and
(b)provide an alternative method of payment.
(4)All appropriate authorities shall be connected to the Zambia Electronic Single Window System.

40. Risk management

(1)An appropriate authority shall utilise the risk management platform in carrying out border controls and operations.
(2)Despite subsection (1), where an integrated risk management framework is provided in the Zambia Electronic Single Window System, the integrated risk management framework shall be utilised to carry out border controls and operations.
(3)The Minister may, by statutory instrument, prescribe guidelines for the utilisation of the integrated risk management framework and platform.

41. Appropriate authority to co-operate with Lead Agency

An appropriate authority shall co-operate with the Lead Agency in—
(a)executing and conducting service level agreements;
(b)digitising and aligning of internal operations;
(c)registration for use of the Zambia Electronic Single Window System;
(d)discovery of evidence for court proceedings which relate to the Zambia Electronic Single Window System;
(e)generating data for official use by the appropriate authorities;
(f)ensuring that information is confidential and is used only for the purpose for which it is intended; and
(g)any other matter that may be considered necessary for the purposes of achieving the objectives of this Act.

42. Technical aspects of Zambia Electronic Single Window System

(1)The Lead Agency may adopt relevant internationally accepted standards, procedures, documents, technical details and formalities for the effective implementation of the Zambia Electronic Single Window System.
(2)The processes and technical aspects of the Zambia Electronic Single Window System shall be guided by the following principles:
(a)transparency in relation to procedures being undertaken through the Zambia Electronic Single Window System;
(b)security of trade data;
(c)simplicity, accessibility and confidentiality;
(d)reliability, consistency and efficiency; and
(e)usability and ability to interface with other systems.

43. Registration of appropriate authority

An appropriate authority that is required to use the Zambia Electronic Single Window System shall apply to the Lead Agency to be registered as a user of the Zambia Electronic Single Window System in the prescribed manner and form.

44. Lead Agency to be responsible for electronic transactions relating to trade

(1)The provisions of the Electronic Communications and Transactions Act, 2021, or any other written law relating to electronic transactions and cyber security shall apply to the Zambia Electronic Single Window System.
(2)The Lead Agency shall, in relation to electronic transactions conducted under the Zambia Electronic Single Window System, have and exercise the powers to—
(a)facilitate electronic transactions by use of reliable electronic records; and
(b)promote public confidence in the integrity and reliability of electronic records in the Zambia Electronic Single Window System.

45. Integrity of information

(1)For the purposes of this Part, the integrity of information shall be considered to be maintained in the Zambia Electronic Single Window System if the information remains complete and unaltered.
(2)Despite subsection (1), the integrity of the information shall not be considered to have been altered merely because of the addition of any endorsement or any material change that may have arisen in the normal course of communication, storage or display.

46. Requirement relating to retention of information

In addition to the requirements provided under the Electronic Communications and Transactions Act, 2021, where a person is required to retain information that is contained in the Zambia Electronic Single Window System, a person shall—
(a)retain information that may enable a person to identify the—
(i)origin of the electronic communication;
(ii)destination of the electronic communication; and
(iii)time when the electronic communication was sent and received; and
(b)ensure that the information retained under paragraph (a), is readily accessible for subsequent reference.

47. Requirement to provide or produce information in paper form

The Lead Agency shall when required, provide or produce information that is in electronic form—
(a)in a paper or other non-electronic form and where the maintenance of the information cannot be assured, the authorised user who is required to provide or produce the information shall—
(i)notify every person to whom the information is required to be provided or produced, of that fact; and
(ii)if requested to do so, provide or produce the information in electronic form in accordance with the provisions of paragraph (b); and
(b)whether by means of an electronic communication or otherwise, if the—
(i)form and means of the provisions or production of the information assures the maintenance of the integrity of the information;
(ii)information is readily accessible for subsequent reference; and
(iii)person to whom information is required to be provided or produced consents to the provision or production of the information in an electronic form and, if applicable, by means of an electronic communication.

48. Responsibility of Lead Agency on Zambia Electronic Single Window System

The Lead Agency shall be responsible for—
(a)ensuring that information on the Zambia Electronic Single Window System is confidential and is used only for the purpose for which it is intended;
(b)taking precautions to ensure that electronic systems are secure from unauthorised access; and
(c)requiring users of the Zambia Electronic Single Window System to comply with applicable policies, written laws and regulations relating to data protection.

Part VIII – General provisions

49. Temporary measures in interest of defence, security, public safety, etc.

(1)An appropriate authority may make temporary measures in the Republic, in the interest of defence, security, public safety or public health and other temporal measures that may be prescribed.
(2)The temporary measures referred to in subsection (1) shall remain in force until the appropriate authority considers it necessary to lift the temporary measures.
(3)An appropriate authority may, where necessary, notify the Lead Agency of the temporary measures undertaken or to be undertaken.
(4)Where a temporary measure has been undertaken under subsection (1), the Lead Agency may notify the appropriate authorities or an adjoining State as may be required.
(5)In implementing the temporary measures referred to under this section, the relevant law of the Republic shall apply.

50. Immunity

An action or other proceeding shall not lie or be instituted against a member of the Steering Committee on Trade Facilitation, Committee or a member of the Lead Agency or an appropriate authority for or in respect of an act or thing done or omitted to be done in good faith in the exercise or performance of the powers, functions or duties conferred under this Act.

51. Regulations

(1)The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.
(2)Despite the generality of subsection (1), regulations made under that provision may provide for—
(a)the form and manner of registration;
(b)movement in a control zone;
(c)the implementation of border agreements and arrangements;
(d)the harmonisation of border infrastructure and facilities in control zones;
(e)the integration of paperless customs clearance by the Lead Agency with the appropriate authorities issuing trade, import, export or transit-related permits and certificates;
(f)the interconnection and integration of the Zambia Electronic Single Window into bilateral or regional information exchange platforms;
(g)the process and procedure of accessing the relevant information from the Zambia Electronic Single Window System; and
(h)any other matter required in order to achieve the objectives of this Act.

52. Guidelines

(1)The Lead Agency may, in the exercise of its functions under this Act, issue guidelines as are necessary for the better carrying out of the provisions of this Act.
(2)The Lead Agency shall publish the guidelines issued under this Act in at least one daily newspaper of general circulation in the Republic and in the Gazette, and any other electronic media.
(3)The guidelines issued by the Lead Agency under this Act shall bind the persons regulated under this Act.

53. Repeal of Act No. 12 of 2018 and savings and transitional provisions

(1)The Border Management and Trade Facilitation Act, 2018, is repealed.
(2)Despite subsection (1), the Fourth Schedule applies to the savings and transitional provisions.

First Schedule (Sections 7(4), 10(3) and 11(8))

Administration of Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee

1.Tenure of office and vacancy
(1)A member of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee shall, subject to other provisions of this Act, hold office for a term of three years and may be reappointed for a further and final term of two years from the date of appointment.
(2)A member of the Steering Committee on Trade Facilitation, Committee border management committee or joint border management committee may, on the expiration of a term for which a member is appointed, continue to hold office until another member is appointed but in no case shall an extension of the period exceed three months.
(3)Sub-paragraphs (1) and (2) shall not apply to section 7(2)(a), (b), (c), (d), (e), (f), (g), (h) and (j).
(4)The office of a member of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee becomes vacant if the member—
(a)dies;
(b)is adjudged bankrupt under any written law;
(c)resigns, by giving one month’s notice, in writing, in the case of—
(i)the Steering Committee on Trade Facilitation and the Committee, to the Minister; and
(ii)the border management committee and joint border management committee, to the Committee;
(d)is legally disqualified from performing the functions of a member of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee;
(e)is absent, without reasonable excuse, from three consecutive meetings of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee of which the member has had notice without the prior approval of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee;
(f)is no longer representing the institution to which the member belongs or is employed by; or
(g)is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine.
(5)The Minister shall, where the office of a member of the Steering Committee on Trade Facilitation or Committee becomes vacant before the expiry of the term of office, appoint another member to replace the member who vacates office but that person shall only hold office for the unexpired term of that office.
(6)The Committee shall, where the office of the Border management committee or joint border management committee becomes vacant before the expiry of the term of office, appoint another member to replace the member who vacates office but that person shall only hold office for the unexpired term of that office.
2.Proceedings of Steering Committee on Trade Facilitation, Committee, border management committee and joint border management committee
(1)Subject to the other provisions of this Act, the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee may regulate its own procedure.
(2)The Steering Committee on Trade Facilitation shall meet for the transaction of business at least twice in a year at a place and time that the Chairperson may determine.
(3)The Committee, border management committee or joint border management committee shall meet for the transaction of business at least once in every three months at a place and time that the Chairperson may determine.
(4)The Chairperson may, on giving notice of not less than fourteen days, call for a meeting of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee or where one third or more of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee members so request, in writing, except that if the urgency of a particular matter does not permit the giving of a notice, a special meeting may be called on giving a shorter notice.
(5)Two thirds of the members of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee shall form a quorum at a meeting of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee.
(6)There shall preside at a meeting of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee—
(a)the Chairperson;
(b)in the absence of the Chairperson, the Vice-Chairperson; or
(c)in the absence of both the Chairperson and Vice-Chairperson, a member of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee as the members of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee present may elect for the purpose of that meeting.
(7)A decision of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee on any question shall be by a majority of the members of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee present and voting at the meeting, and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote.
(8)The Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee may invite a person whose presence is in the Steering Committee on Trade Facilitation, Committee, border management committee orjoint border management committee’s opinion desirable to attend and participate in the deliberations of the meeting, but that person shall have no vote.
(9)The Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee shall cause minutes to be kept of the proceedings of every meeting of the Council and of any committee of the Steering Committee on Trade Facilitation, Committee, border management committee orjoint border management committee.
3.Sub committees
(1)The Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee may, for purposes of performing its functions under this Act, constitute subcommittees and delegate any of its functions to the subcommittees.
(2)The Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee may appoint as a member of a subcommittee, persons who are, or are not members of the Committee, except that at least one member of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee shall be a member of a subcommittee.
(3)A member of a subcommittee shall hold office for a term that the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee may determine.
(4)A subcommittee may regulate its own procedure.
4.AllowancesA member of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee or subcommittee of the Committee shall not be paid any allowances.
5.Disclosure of interest
(1)A person who is present at a meeting of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee at which any matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity, shall, as soon as is practicable after the commencement of the meeting, declare that interest and shall not, unless the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.
(2)A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.
6.Prohibition of publication or disclosure of information to unauthorised persons
(1)A person shall not, without the consent in writing, given by or on behalf of the Steering Committee on Trade Facilitation, Committee, border management committee or joint border management committee, publish or disclose to a person, other than in the course of duties of that person, the contents of a document, communication or information which relates to, or which has come to the knowledge of that person in the course of that person’s duties under this Act.
(2)A person who contravenes subparagraph (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
(3)A person who, having information which to that person’s knowledge has been published or disclosed in contravention of subparagraph (1), unlawfully publishes or communicates the information to another person, commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

Second Schedule (Sections 2 and 4)

Applicable laws

1.The Agriculture (Fertilisers and Feed) Act;Cap. 226
2.The Animal Health Act;Act No. 27 of 2010
3.The Anti-Human Trafficking Act;Act No. 11 of 2008
4.The Anti-Terrorism and Non-Proliferation Act;Act No. 6 of 2018
5.The Bank of Zambia Act;Act No. 5 of 2022
6.The Biosafety Act;Act No. 10 of 2007
7.The Business Regulatory Act;Act No. 3 of 2014
8.The Cannabis Act;Act No. 33 of 2021
9.The Civil Aviation Act;Act No. 5 of 2016
10.The Coffee Act;Cap. 228
11.The Compulsory Standards Act;Act No. 3 of 2017
12.The Control of Goods Act;Cap. 421
13.The Controlled Substances Act;Act No. 2 of 2023
14.The Cotton Act;Act No. 21 of 2005
15.The Criminal Procedure Code;Cap. 88
16.The Customs and Excise Act;Cap. 322
17.The Cybre Crime Act;Act No. 4 of 2025
18.The Cybre Security ActAct No. 3 of 2025
19.The Dairy Industry Development Act;Act No. 22 of 2010
20.The Electronic Communications and Transactions Act;Act No. 4 of 2021
21.The Electronic Government Act;Act No. 41 of 2021
22.The Environmental Management Act;Act No. 12 of 2011
23.The Financial Intelligence Centre Act;Act No. 46 of 2010
24.The Firearms Act;Cap. 110
25.The Fisheries Act;Act No. 22 of 2011
26.The Food Safety Act;Act No. 7 of 2019
27.The Forests Act;Act No. 4 of 2015
28.The Forfeiture of Proceeds of Crime Act;Act No. 19 of 2010
29.The Income Tax Act;Cap 323;
30.The Industrial Hemp Act;Act No. 34 of 2021
31.The Insurance Premium Levy Act;Act No. 21 of 2015
32.The Immigration and Deportation Act;Act No. 18 of 2010
33.The Investment, Trade and Business Development Act;Act No. 18 of 2022
34.The Information and Communications Technologies Act;Act No. 15 of 2009
35.The Ionising Radiation Protection Act;Act No. 16 of 2005
36.The Local Government Act;Act No. 2 of 2019
37.The Minerals Regulation Commission;Act No. 14 of 2024
38.The Medicines and Allied Substances Act;Act No. 3 of 2013
39.The Metrology Act;Act No. 6 of 2017
40.The Mutual Legal Assistance in Criminal Matters Act;Cap. 98
41.The Narcotic Drugs and Psychotropic Substances Act;Act No. 35 of 2021
42.The National Health Insurance Act;Act No. 2 of 2018
43.The National Payment Systems Act;Act No. 1 of 2007
44.The National Road Fund Act;Act No. 13 of 2002
45.The National Technical Regulation Act;Act No. 5 of 2017
46.The Noxious Weeds Act;Cap. 231
47.The Penal Code Act;Cap. 87
48.The Plant Health Act;Act No. 1 of 2025
49.The Plant Variety and Seeds Act;Cap. 236
50.The Zambia Police Act;Cap. 107
51.The Postal Services Act;Act No. 22 of 2009
52.The Prohibition and Prevention of Money Laundering Act;Act No. 14 of 2001
53.The Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore Act;Act No. 16 of 2016
54.The Public Finance Management Act;Act No. 1 of 2018
55.The Public Health Act;Cap. 295
56.The Public Roads Act;Act No. 12 of 2002
57.The Road Traffic Act;Act No. 11 of 2002
58.The Standards Act;Act No. 4 of 2017
59.The Tolls Act;Act No. 14 of 2011
60.The Value Added Tax ActCa p 331
61.The Zambia Development Agency Act;Act No. 17 of 2002
62.The Zambia Revenue Authority Act; andCap. 321
63.The Zambia Wildlife Act.Act No. 14 of 2015

Third Schedule (Sections 8(1), 11(1), 11(2) and (16)(2))

Members of the National Trade Facilitation Committee

SNPublic Sector
1.Ministry of Commerce, Trade and Industry
2.Ministry of Justice
3.Ministry of Finance and National Planning
4.Ministry of Information and Media
6.Ministry of Transport and Logistics
7.Ministry of Health
8.Ministry of Local Government and Rural Development
9.Ministry of Agriculture
10.Ministry of Fisheries and Livestock
11.Ministry of Infrastructure, Housing and Urban Development
12.Electronic Government Division
13.Zambia Revenue Authority Bank of Zambia
14.Immigration Department
15.Forestry Department
16.Department of National Parks and Wildlife
17.Zambia Information and Communication Technology Authority
18.Zambia Compulsory Standards Agency
19.Zambia Bureau of Standards
20.Zambia Metrology Agency
21.National Livestock and Epidemiology Information Centre
22.Drug Enforcement Commission
23.Plant Quarantine and Phytosanitary Service
24.Seed Control and Certification Institute
25.Zambia Medicines Regulatory Authority
26.Road Development Agency
27.Zambia Environmental Management Agency
28.Road Transport and Safety Agency
29.Zambia Development Agency
30.National Biosafety Agency
31.Radiation Protection Authority
32.Business Regulatory Review Agency
33.Zambia Police Service
34.Presidential Delivery Unit
 Private Sector
35.Zambia Chamber of Commerce and Industry
36.Zambia Chamber of Mines
37.Zambia National Farmers Union
38.Zambia Export Growers Association
39.Truckers Association of Zambia
40.Customs Clearing and Freight Forwarders of Zambia
41.Zambia Association of Manufacturers
42.Zambia Freight Forwarders Association
43.Zambia Customs and Forwarding Agents Association
44.Southern Freight Forwarders Association
45.Cross Border Traders Association

Fourth Schedule (Section 52(2))

Savings and transitional provisions

1.InterpretationIn this Schedule, “former Committee” means the National Committee onTrade Facilitation established under the repealedAct.
2.Members of former CommitteeA person who immediately before the commencement of this Act held office as a member of the former committee shall continue to hold office as a member for a period of six months after which the Minister shall appoint members of the committee in accordance with this Act.
3.AgreementsA border agreement entered into before the commencement of this Act shall be considered to have been entered into under this Act and shall be implemented in accordance with this Act.

History of this document

19 August 2025 this version
08 August 2025
Assented to
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