Border Post Assessment for OSBP Establishment- A case Of Numule-S.Sudan and Elegu-Uganda-2012

DRAFT REPORT ON BORDER PROCEDURES (The report has 78 pages)
BY NUWAGABA MBIINE CHARLES – Customs Specialist
DECEMBER 2011 (Up dated Feb 2012)
NIMULE/ELEGU BASE LINE ASSESSMENT REPORT ON PROCEDURES FOR PROPOSED ONE STOP BORDER POSTS (OSBP).
CONTRACT REFERENCE: - PO/00250
NIMULE/ELEGU CROSSING BRIDGE

Base Line Survey on Nimule/Elegu Border e Posts
DISCLAIMER & CONFIDENTIALITY
This draft report is strictly confidential and addressed solely to TradeMark East Africa (TMEA). The Customs Expert (Author) cannot
be held responsible for its unauthorised copying and distribution.
The conclusions, findings, and opinions expressed in this report are those of the author unless identified as those of other parties
quoted. The report is produced specifically for the purposes stated and its interpretation, use or application for other purposes imposes
no obligations on the author.
A report of this kind is dependent on the completeness, accuracy, and reliability of data received from a variety of sources within
TMEA, primary and secondary sources from the field and beyond. The author makes no warranty or claim as to the accuracy of the
information on which this report is based and cannot be held responsible for any inaccuracies so arising. Where possible, author has
taken steps to ensure that the use of information is consistent and complete within the terms of reference of this assignment.
This confidentiality clause applies to all pages and information included in this report.

ACKNOWLEDGMENTS
This is the first report presenting a new dataset and information for the existing conditions and recommended changes at Nimule and
Elegu border posts discussed below. The survey was conducted to provide data and information to guide the investment decision to on
whether they consider options for One Stop Border Post concept and facility development based on border procedures.
The baseline survey would not have been possible without the support and participation of the Revenue Authorities, Immigration,
Police and Other Government border Agencies of South Sudan and Uganda which assisted in providing data and information to
develop the report.
The author expresses his gratitude to the employees of border government agencies and clearing, freight and forwarding firms who
took the time to respond to the designed oral based-questionnaire.
Their participation was central to the quality and credibility of the report, and their continuing involvement and feedback will be
essential as the final draft survey report is developed and refined after conducting stakeholders’ workshops.

Table of contents
List of Tables ............................................................................................................................................................................................6
List of Figures...........................................................................................................................................................................................6
List of Appendices....................................................................................................................................................................................6
ABBREVIATIONS AND ACRONYMS................................................................................................................................................7
EXECUTIVE SUMMARY .....................................................................................................................................................................8
1. INTRODUCTION................................................................................................................................................................................9
1.1 Background and Context .................................................................................................................................................................9
1.2 Objectives and Purpose of the Study ...............................................................................................................................................9
1.3 Terms of Reference .........................................................................................................................................................................9
2. LITERATURE REVIEW ON THE BORDER POSTS MANAGEMENT...................................................................................11
2.1 Introduction ...................................................................................................................................................................................11
3. METHODOLOGY OF THE STUDY ..............................................................................................................................................16
3.1 Approach .......................................................................................................................................................................................16
3.2 Methodology..................................................................................................................................................................................16
4. RESULTS OF FINDINGS ON OPERATIONAL ACTIVITIES ..................................................................................................18
4.1 Bibia/Elegu Border Post - Uganda ................................................................................................................................................18
4.2 Nimule Border Post – South Sudan...............................................................................................................................................20
4.3 Numerous Documents to Fill.........................................................................................................................................................23
4.4 Border Agencies ............................................................................................................................................................................25
4.5 Legislative Framework Supporting Procedures.............................................................................................................................25
4.6 The Private Sector Involvement and Participation ........................................................................................................................26
4.7 Clearance and Processing Times ...................................................................................................................................................27
5. FUTURE DEMAND FOR BORDER AGENCIES.........................................................................................................................30
5.1 Introduction ...................................................................................................................................................................................30
5.2 Coordinated Border Management..................................................................................................................................................30
5.3 Incremental and Phased 24 /7 Operations......................................................................................................................................31
5.4 Opening and Closing Hours/ days .................................................................................................................................................32
5.5 Governance Issues and Indirect Costs ...........................................................................................................................................32

6. MAINTENANCE OF SECURITY AT THE BORDERS...............................................................................................................33
6.1 Security Issues and possible remedies...........................................................................................................................................33
6.2 Other Security Considerations.......................................................................................................................................................36
7. POTENTIAL FOR ELECTRONIC SECURITY ...........................................................................................................................38
7.1 Introduction ...................................................................................................................................................................................38
7.2 Context of Electronic Security.......................................................................................................................................................38
7.3 Electronic Border Solutions to enhance security...........................................................................................................................39
8. INFORMATION TECHNOLOGY APPLICATIONS...................................................................................................................41
8.1 IT Connectivity and Implementation.............................................................................................................................................41
8.2 Evolving technology landscape for border connectivity................................................................................................................41
8.3 Critical success factors for IT programs ........................................................................................................................................43
8.4 Future Assessment of IT systems and needs .................................................................................................................................45
9. OPTIONS FOR JOINT FACILITIES SHARING BY ALL BORDER AGENCIES ..................................................................49
9.1 Introduction ...................................................................................................................................................................................49
9.2. Single – Stop Joint Facility Models..............................................................................................................................................49
9.3. Physical Facility Layout ...............................................................................................................................................................50
9.4. Examination Sheds/Areas for Shared Activities...........................................................................................................................52
9.5. Equipment, Tools & Utilities........................................................................................................................................................53
10. SUMMARY FOR IMPLEMENTING OSBP PROCEDURES....................................................................................................55
10.1 Recommendations .......................................................................................................................................................................55
10.2 Conclusion...................................................................................................................................................................................62
11. SUMMARY ......................................................................................................................................................................................63
12. GLOSSARY .....................................................................................................................................................................................70
13. REFERENCES................................................................................................................................................................................73

List of Tables
Table 1: Border posts in their respective countries ....................................................................................................................................9
Table 2: Poorly Performing Landlocked Countries on the LPI by Region ..............................................................................................13
Table 3: Corruption Perception Index 2011.............................................................................................................................................14
Table 4: List of Import and Export Documents .......................................................................................................................................23
Table 5: Border Common and Unique Agencies .....................................................................................................................................25
Table 6: National Average Cost Incurred by Delays ...............................................................................................................................27
Table 7: Travellers Movement across Bibia/Elegu Border Post ..............................................................................................................33
Table 8: Observatory IT Needs Planned ..................................................................................................................................................46
Table 9: IT Required Equipment .............................................................................................................................................................47
List of Figures
Figure 1: A basic framework of the TORs...............................................................................................................................................10
Figure 2: Average Daily Clearance Transactions and Processing Times.................................................................................................27
Figure 3: Average Daily Traveller Clearance & Processing Times .........................................................................................................28
Figure 4: Trend in Trade between Sudan and Uganda.............................................................................................................................32
Figure 5: Overt Video Surveillance .........................................................................................................................................................39
Figure 6: Communications Network System ...........................................................................................................................................39
Figure 7: Prototype of the Uganda/S. Sudan Single Window Interface...................................................................................................45
Figure 8: single-stop joint facility models ...............................................................................................................................................49
Figure 9: Single facility ...........................................................................................................................................................................50
Figure 10: Juxtaposed facility..................................................................................................................................................................50
Figure 11: Integrated Joint Facility..........................................................................................................................................................51
Figure 12: Interfaced Joint Facilities.......................................................................................................................................................51
Figure 13: Virtual Facility .......................................................................................................................................................................52
Figure 14: Examination Areas/Shed for Shared Activities by Agencies .................................................................................................53
Figure 15: Cargo and Human Scanning Equipment.................................................................................................................................54
Figure 16: E-Gates (i) and Booths (ii) .....................................................................................................................................................54
Figure 17: Institutional Arrangements for OSBP....................................................................................................................................57
Figure 18: Import/Export clearance at the 3 borders................................................................................................................................63
Figure 19: Outward transit/temporary imports clearance at the 3 borders...............................................................................................64
Figure 20: Passenger clearance at the 3 borders ......................................................................................................................................67
Figure 21: OSBP Management process flowchart ...................................................................................................................................69
List of Appendices
Appendix 1: Baseline Analyzed Facts and Figures Affecting OSBP Procedures & Design....................................................................75
Appendix 2: OSBP Necessary Equipment Assessed ..............................................................................................................................76
Appendix 3: OSBP Space and Personnel Minimum Requirements.........................................................................................................77
Appendix 4: Roles of Border Agencies ...................................................................................................................................................78
Appendix 5: procedure illustrations of the existing conditions and the proposed under osbp arrangement ............................................79

ABBREVIATIONS AND ACRONYMS
AEO Authorized Economic Operators
ASYCUDA Automated System for Customs Data
BCPs Border Crossing Points
CBM Coordinated Border Management
CIF Cost Insurance and Freight
COMESA Common Market for East and Southern Africa
DRC Democratic Republic of Congo
EAC East African Community
EACCMA East African Community Customs Management Act
ECA Economic Commission for Africa
EPZ Economic Processing Zones
ESA East and Southern Africa
FTAs Free Trade Arrangements
IBM Integrated Border Management
IT Information Technologies
LPI Logistics Performance Index
OGA’s Other Government Agencies
OSBP One Stop Border Post
RKC Revised Kyoto Convention
RM Risk Management
SAD Single Administrative Document
TMEA Trade Mark East Africa
TEVIES Temporary Vehicles Import and Export System
UG Uganda
UNCTAD United Nations Commission for Trade and Development
WB World Bank
WCO World Customs Organization
WTO World Trade Organization

EXECUTIVE SUMMARY
This is a survey border procedures draft report and is divided into six sections which discuss operational activities, future demands,
security at the borders, electronic security, IT, options for joint facility sharing and recommendations.
The main objective of the report was to present existing conditions and proposed changes on procedures in the border posts of Nimule
– Elegu, Uganda/South Sudan to eligible TMEA development categories, and whether they qualify to invest into One Stop Border
Post (OSBP) facility. To do so, the study made an investigation based on and following the order of terms of reference above.
The study identified existing process procedure and activities, and documented the status of their implementation and pointing out
generic challenges;
1. Excessive government documentation requirements
2. Lack of automation and insignificant use of information-technology
3. Lack of transparency; unclear and unspecifi ed import and export requirements
4. Inadequate customs procedures; particularly audit-based controls and risk-assessment techniques
5. Lack of co-operation and modernisation amongst customs and other government agencies, which impedes efforts to deal
effectively with increased trade flows.
The summary of the proposed procedures both in flow charts and narrative have been appended herewith in section twelve. The
discussions on operational activities concluded that the procedure landscape at Nimule/Elegu is getting fully grown into a clearance
center for revenue collection, transit, temporary admissions, export and passengers.
In final analysis there was urgent need to do the following:
1. Future demands – A proposed strategy to completely review the existing procedures going through a business process re-
engineering should start immediately, space allocations and equipment’s needs assessment were identified through personnel
estimated audits, equipment’s and systems identification in numbers and quantities, and reviewed conditions in relationship
to clearance procedures that include proposed procedure flow charts, business process cycle, procedure continuum and
institutional arrangement
2. Issues for maintenance of security were identified and profiled to include but not limited to the following; unconnected
border posts by ICT, equipment’s and utilities, lack of reliable documentation to detect fraud or/and identify wrongdoers,
poor threat identification and screening at the borders. Inadequate staffing levels to deal with rapid increase in traffic, cargo
& passengers, understaffing, undertrained and unprofessional agency staff , the need for proper training for all border officers
on duty in complex set of skills, need for a culture shift on border activities to risk management practices, unarmed border
officials to deal with smugglers, lack of a credible system and culture of secrecy exhibited by agency officials:
3. Potential for electronic security following must follow the needs and threat assessment, a criterion is designed to determine
what appropriate systems are relevant to this border post. Such high-tech systems and equipment were identified such as
Access Authorization and Detection Systems, Overt Surveillance Systems, Covert Surveillance Systems and
Communications Network.
4. IT requirements were determined from a systemic and inquiry point of view rather than a comprehensive audit approach. The
basic business applications and infrastructures equipment’s were highlighted; a prototype of a Single Window Application
was illustrated to aid introduction of localized system between two countries. The critical success factors for implementation
and support of the basic IT system and equipment enumerated and tabulated.
5. Options for joint sharing facility were illustrated and offered in three broad options; Joint facility models that concluded with
the Juxtaposed OSBP model as most preferred. Physical facility layout- inter-grated, interfaced, virtual & single.
Examination Sheds/areas and Equipment's, Tools & Utilities
In conclusion, the border post under the procedures perspective is recommended for One Stop Border Post (OSBP) to aid the
introduction of the latest industry –age and best practices in border post management. If the decision to invest in the OSBP project
passes, we wish to advise that support on soft components as in information technology (Systems & Equipment) and capacity
development get commenced as construction progresses.

1. INTRODUCTION
Trade Mark East Africa (TMEA) commissioned a study and contracted a team of consultants to conduct baseline survey and prepare a
report with recommendations for strategic planning and implementation of the One Stop Border Post (OSBP) project at Nimule and
Bibia/Elegu Border Post in South Sudan and Uganda respectively.
1.1 Background and Context
The geographical border is the location where one country’s authority over goods and persons ends and another country’s authority
begin. Traditionally, the border is the location where enforcement of and compliance with national legislation in such areas as
security, environment, immigration, consumer protection, commercial policy, Customs duties, excise and taxes takes place. Control
and enforcement involve various operations from document and goods control, to the calculation of Customs duties and taxes, the
collection of revenue, and immigration and vehicle control. These operations are performed by various governmental agencies, often
physically represented at the border. The baseline assessment on procedures at such a location –Nimule & Elegu border post, is the
subject of this study and its report thereto.
1.2 Objectives and Purpose of the Study
One of the objectives of TMEA specific to the study is “lowering barriers to trade by increasing the efficiency of transport corridors
and reducing administrative barriers by cutting red tape”. TMEA intends to achieve this objective by investing in initiatives that
reduces transaction costs while increasing efficiency at border crossings in the EAC region through the development of OSBPs.
In order to identify clearance obstacles at the borders, the purpose is to provide appropriate solutions and be able to measure the
impact of cross-border facilitation measures; the study report has profiled and assessed the existing operational activities of two border
posts that are important in the trade patterns and the associated challenges.
1.3 Terms of Reference
The survey was undertaken jointly with an Engineer (Team Leader) and an Architectural firm following the terms of reference stated
below as provided in the contract:
 Discuss existing operational activities and establish future demand for the Government departments and other border agencies and
to include relevant line ministries and well as revenue authorities
 Identify the issues that would need to be addressed to maintain security at the borders
 The potential for electronic security to be used to bring added value to operational requirements at the border crossing
 All IT requirements to provide modern procedures to facilitate cargo and passenger flow to streamline all border agency activities
 Options for joint facilities sharing for all border agencies
1.3.1 General Objective
The assignment concern was the assessment of border agency’s procedures on the following border post Nimule and Bibia/Elegu in
Southern Sudan and Uganda.
1.3.2 Scope of the Assignment
The customs expert conducted the following:
(a) Visited respective countries under assessment for briefings and consultations
The assignment started with initial contact visits to each country whose border post is under assessment to hold briefings, consult and
secure authorization with head-office officials of key Government Ministries, departments, Revenue Authorities and border
management agencies. In this regard, visits were carried out in the areas detailed below:-
Table 1: Border posts in their respective countries
Country Capital Border Post
Uganda Kampala Bibia/Elegu
South Sudan Juba Nimule

(b)Visit to the border posts
The consultant travelled and visited border post crossings. The visit involved the appraisal and capture of targeted data from scheduled
and sampled entities e.g. border agencies’s business processes & procedures and IT.
(c) Reporting
Following the return of the consultant has developed a draft report on each of the stations assigned based on the TORs (see figure 1)
and submitted through the baseline assignment team leader to the client TMEA.
Figure 1: A basic framework of the TORs
Source: Original Data Collection as in Nuwagaba 2011
Border Post Assessment
for the assigned
4. Data analysis and
Interpretation
6. Compile
presentations and
papers for
stakeholder
feedback
1. Review documents,
visit HQs to deepen
understanding the
context and solicit
Management support
for the implementation
of the study.
5. Compile and report
on key findings and
recommendations
border site visited
(both border sides)
2. Key lessons
from the
contextual
analysis
3. Primary data
collection on key
agency themes/
dimensions of the
study.

2. LITERATURE REVIEW ON THE BORDER POSTS MANAGEMENT
2.1 Introduction
After independence on 9th
July 2011, there is an improved security condition and resumption of cross-border trade involving mass
movement of travellers and cargo from South Sudan to Uganda and beyond, the focus is shifting increasingly to the removal of non-
tariff barriers and the facilitation of legitimate trade. TMEA is considering investing into efficient border posts management initiatives
with the aim of reducing the costs of moving goods across borders. One stop border post (OSBP) is being considered as a mechanism
to improve the movement of goods across shared borders. These arrangements have both economic and enforcement benefits.
However, they need to be rooted in a sound policy and underpinned by an enabling legal framework and implementation strategy that
have the support of all stakeholders.
Trade between nations is a vital driver of economic well-being and wealth creation. Customs administrations are a major component
in the efficiency of international trade because they process every single consignment to ensure compliance with national regulatory
requirements and international multilateral trading rules. While Customs administrations have to discharge this mission of revenue
collection, protection of society and safeguarding security of the trade supply chain, they also have to strive for increased trade
facilitation to promote investment and reduce poverty (WCO Council 2003).
In broad terms, good border posts’ management seeks to balance the competing, but not necessarily conflicting, goals of:
 Facilitating (and even expediting) access for people and goods that we both need and desire across the two borders
 Interdicting and stopping “bad” people and “bad” things from entering the country from a security perspective.
There is growing recognition of the connection between border control and development and nation-building. Border control is not
simply a problem of keeping "bad" things out. For many developing nations, duties and fees collected at their ports, airports, and along
their land borders are a key source of government revenues which finance essential services and build infrastructure. Also, poor border
control practices very often fuel corruption and contribute to the formation of black markets. These realities have decidedly adverse
consequences for initiatives designed to improve governance and economic sustainability (Flynn S 1999).
The key to success in the cross border clearances and procedures is the ability to accurately and efficiently identify high-risk
passengers and cargo, target them for inspection, and prevent the entry of dangerous goods and people without impeding the flow of
legitimate cross-border traffic (Arvis et al 2010, Doyle 2011, Kieck 2010). Effective border management means ensuring that:
 Everyone and everything that crosses the border is compliant with the laws, regulations, and procedures of the country.
 Border users are encouraged to comply. Compliant users are offered facilitated service.
 Offenders are identified and stopped.
Therefore, the efficient management of border posts is an integrated inter-agency cooperation through a process of harmonizing,
streamlining, and simplifying border management systems and procedures has led to such initiatives highlighted below.
2.1.1 Coordinated Border Management
This a border management tool that includes information sharing, co-located facilities, close interagency cooperation, delegation of
administrative authority, and cross designation of officials (WCO 2009).
2.1.2 One Stop Border Post (OSBP) Facility
 Overview
One stop and joint control arrangements have been applied in Western Europe since the early 1960s and the concept has spread
throughout the world. More recently, 2009, the Common Market of the Southern Cone (Mercosur) countries concluded the Recife
Agreement on integrated controls for application at their shared borders. As part of this Agreement, consensus was reached on 16
border points where integrated controls should be applied. In the Southern African Customs Union (SACU), the establishment of one
stop border posts was identified as one of the priority issues of trade facilitation. In the East African Community (EAC), progress has
been made in establishing 15 one stop border posts but key ones between Kenya and Uganda at Malaba; Kenya and Tanzania at
Namanga; Rwanda and Burundi at Nemba.
In Southern Africa, a one stop arrangement was opened officially in December, 2009 by the two Heads of State at the Chirundu border
post between Zambia and Zimbabwe, and about 8 more are lined for development such as Zambia and DRC at Kasumbalesa;
Tanzania and Zambia at Tunduma; Mozambique and South Africa; all have signed a one stop border post agreement and are working

towards implementation. The Andean Community aims to have single controls in place at all common border posts in terms of the
Community Policy for Border Integration and Development and has implemented a pilot project for the single control of goods at the
Pedro de Alvarado and La Hachadura border posts between Guatemala and El Salvador. The Greater Mekong Sub-region (GMS) in
Asia amongst countries that comprises Cambodia, Lao People’s Democratic Republic, Myanmar (Barma), Thailand, and Viet Nam, as
well as Yunnan Province and Guangxi Zhuang Autonomous Region of the People’s Republic of China (PRC). The GMS has had an
elaborate one stop border post under a cooperation program along the Mekong River since 1992 (WCO journal 2010).
 Rationale
The rationale for the establishment of one stop border posts is clear in terms of both enforcement and economic benefits. At the core
of the one stop concept is the ability of border authorities from two countries to perform joint controls. This results in improved
enforcement efficiencies through cooperation, the sharing of intelligence and better resource utilisation. In working side-by-side,
cooperation is enhanced and communication is easier amongst border agencies. The concept also provides for the sharing of ideas,
information and experiences. By way of example, the one stop concept can be used to combat fraud by enabling the clearance of
goods on the basis of a single customs declaration thereby preventing the substitution of one set of documents with another. The
concept also enables the sharing of infrastructure and law enforcement assets, for example, by jointly using one scanner to examine
containers. Cooperation with counterpart administrations, when implemented properly, does not weaken control rather it reinforces
control. Over time, joint controls enable border agency administrations to better utilise personnel and resources. As trust is built
between country border agency administrations on both sides, it may be possible to reduce personnel and rely to a greater extent on
the counterpart key but single agency administrations.
With respect to economic benefits, the one stop concept significantly reduces waiting times and costs by moving away from the
current two stops that are required to cross the border and comply with the regulatory requirements of the two neighbouring countries.
It reduces waiting times for commercial vehicles, thereby saving costs. Long delays in processing commercial vehicles at border posts
significantly increase the cost of consumer goods. High transport costs needlessly increase the price of imported goods and put exports
at a competitive disadvantage in world markets (Erick Kieck 2010).
In addition to developing a common bilateral and national vision and strategy, there is a need to closely involve non-government
stakeholders from the start. These include traders and their intermediaries such as clearing agents, regular border post users (travellers
and transportation service providers), and communities in the proximity of the border post. This is not only essential to secure buy in
but also enables stakeholders to contribute to and influence design as well as to prepare for the OSBP project implementation.
The OSBP facility allows parties involved in trade and transportation to process all necessary official procedures concurrently at the
same place (one roof) for travellers, their cargoes and means of transport to pass through the designated land border (Osama 2008).
Neighboring countries coordinate import, export, and transit processes, so that traders need not duplicate regulatory formalities on
both sides of a border. OSBP concept may be implemented in various models discussed in section nine below; Juxtaposed, Straddled
and Single facility-One Country.
Implementation of OSBP is always considered technically at two levels; concept/model and infrastructural levels. The concept level
takes care of having in-place the legal framework first and procedures reviews second or perhaps concurrently. The legal process itself
may take up to 12 months or more to put in place. The first level phased implementation of OSBP procedure in sequence with
minimum facilities available or’ as is’ structures pending the re-designed and new structures. During this period, the personnel are
exchanged to operate within the existing facilities to commence with joint inspections.
In the EAC for example, Malaba, Busia, Namanga and Katuna are but a few border posts implementing phased components of OSBP.
Using the bi-lateral legal framework and re-engineered procedures, they commenced joint inspections, then to 24/7 operations for
transit operations in stages waiting the re-modeling of the physical facilities. To date no physical facilities have been delivered since
ten years ago (2002) when then OSBP idea was conceived and formally agreed between Uganda and Kenya Governments under the
East African Trade and Transport Facilitation project (Nuwagaba 2010).
The second level is heavily dependent on the first level to tackle both the Information Technology and physical infrastructure phase.
The law provides the legal mandate to operate on either side and jointly, while the procedures caters for personnel estimates, process
simplification, harmonization and interfaces. IT crowns it all by providing connectivity and interconnections not only amongst border
agencies but also their capital headquarters. Numba border between Rwanda and Burundi was constructed in concurrence with
procedure reviews. Rwanda which had her procedures re-engineered took the lead in the larger part of the implementation stages.

2.1.3 Single Window
This is an integrated system or facility that allows parties involved in trade and transport to lodge standardized information and
documents with a single entry point to fulfil all import, export, and transit related and regulatory requirements (UNCTAD 2011).
Traders can submit all import, export, and transit information required by regulatory agencies at one time—through a single electronic
gateway—rather than submit essentially the same information repeatedly to various government entities. There is an on-going regional
project of Single Window at EAC Secretariat attempting to coalesce all IT system players into an integrated trade facilitation regime.
2.1.4 Border Crossing Procedures
Border crossings in Africa are usually manned by Customs for cargo and Immigration for passengers. Any inefficiency arising out of
the control procedures of these two agencies often result in long delays and high monetary costs. These grossly reduce the export
competitiveness of African producers. Evidence shows that delays at African customs in landlocked are the longest in the world (Arvis
et al. 2010).
Table 2: Poorly Performing Landlocked Countries on the LPI by Region
Background data Sub-Saharan Africa Central Asia South Asia
Landlocked Landlocked Landlocked
Overall LPI 2.22 2.25 1.84
Selected LPI components*
Logistics competence
Infrastructure quality
Customs and trade processes
2.21 2.18 1.84
1.97 1.98 2.41
2.10 2.04 2.34
LPI input data
Customs clearance (days)
Physical inspection (%) (higher is worse)
Possibility of review (%) (higher is better)
3.2 N/A 2.6
62 N/A 56
52 N/A 33
Lead time to (days)
Export (median) shipper to port
Import (median) port to consignee
Import (best 10 %) Port to consignee
11.8 N/A 14.7
18.4 N/A 14.7
9.1 N/A 11.0
Source: Logistics Performance Index by Arvis et al. 2010,
Note: N/A = not applicable, * LPI ratings are on a 5-point scale, with 1 being “worst” and 5 “best.”
Economic Commission for Africa - ECA (2010) finds a significant negative correlation between delays at the customs and trade
volumes, a result that reflects both the cost and uncertainty associated with inefficient customs. Corruption is perceived as a major
problem to doing business in most certain Eastern and Southern Africa (ESA) countries.
The main obstacles to efficient customs operations and other border agencies in Africa include excessive documentary requirements,
insufficient use of automated systems, lack of transparency, predictability and consistency in agencies’ procedures, and lack of
cooperation amongst border agencies.
2.1.5 Excessive documentary requirements
Connecting to compete (Arvis et al 2010); estimates that on average Uganda and Sudan customs transactions involve 6-11 different
parties, 3-9 documents, 60 data elements, 30 of which are repeated at least 30 times, and the re-keying of 60-70 percent of all data at
least once. Documentation requirements are often ill-defined. Some are clearly redundant and traders are inadequately informed about
compliance. All these increase the potential for errors and further delays. This problem is amplified at borders. The fact that border
posts are physically separated and are kilometers apart from customs offices results in two complete sets of controls for each border
post, each with its own complex checklist of documents. The OECD has estimated that time delays, paperwork and compliance related
to border crossing costs between 5 - 13% of the value of the goods involved. A recent study estimated that reducing the cost of
international trade transactions by just 5% by 2006 could add $US 154 billion (WCO-2007).

2.1.6 Insufficient Use of Automated Systems
Connecting Landlocked Developing countries to markets (Arvis et al. 2010), highlight the less optimal use of IT within Regional
Economic Communities (RECs) themselves even when they share the same system application such as Automated System of Customs
Data (ASYCUDA). Until recently 2008-2010, customs administrations in EAC were inadequately computerized and networked,
imposing substantial paperwork and duplication. The verification of these at crossing border posts entailed delays, costs, and
inefficiencies. However, the adoption and upgrading of the ASYCUDA system by a number of EAC Member States has accelerated
the clearance of goods. There is a persistent challenge that the border posts are not usually ALL networked, the same information is
entered onto the ASYCUDA system on entry to, and exit from, a customs territory. It is even worse for the countries bordering the
EAC such as South Sudan, whose border posts are not automated and connected at all. Time would be saved if data could be entered
once and then shared electronically between national and regional border posts. It appears that implementing countries are reluctant to
share information. The reasons for the reluctance are not always clear. EAC has made some strides in implementing revenue
authorities’ digital data exchange (RADDEX) since 2007. RADDEx is an electronic interface platform that enables member states to
share electronic information in advance before physical cargo arrives at points of destinations. The pre-arrival information is easily
accessed to all agents who are connected and interfaced with Customs IT applications.
2.1.7 Lack of Transparency, Predictability and Consistency in Customs Activities
Lack of transparency and predictability introduces a significant degree of uncertainty in inter-regional trade transactions in EAC and
its neighboring countries. In most countries, corrupt border agency officials unnecessarily delay consignments with the hope of
extorting bribes. Such practices result in additional costs due to delays and illicit payments (Omondi 2007).
2.1.8 Corruption Tendencies Distorting Procedures
The absence of border management reforms breeds distortions and inequities on existing procedures. Given that these borders are
situated in remote locations away from the headquarters’ direct supervision, creates a possibilities and chances for corruption to thrive
(Gerard et al 2011, Omondi 2007). The corruption perception index 2011 below offers national indications that have direct bearing
and relationship with the governance issues of the border post officials.
Table 3: Corruption Perception Index 2011
No Rank Member Country Score
1 49 Rwanda 5.0
2 143 Uganda 2.4
3 168 Democratic Republic of Congo (DRC) 2.0
172 Burundi 1.9
5 177* South Sudan 1.6
*No data was available for the year 2011 as the statehood was achieved on 09.07.2011, however
using CPI 2010 for Sudan; the score remains the same at 1.6.
Other Countries in EAC
1 100 Tanzania 3.0
2 154 Kenya 2.2
Source: Transparent International 2011
2.1.9 Multiplicity of Border Agencies
There are between six to twelve border agencies at Nimule with an average of 3-6 employed staff. These agencies compound the
procedural challenge by requiring to handle physically all the documentation of any single and related transaction. There are no ICT
facilities to automate the activities and processes. The key agencies have legitimate mandate and roles to cause the intervention (see
appendix 4).
2.1.10 Developments within the EAC Region
The EAC has committed to initiating one-stop border posts within the Community with the aim of halving the time spent at borders.
At present, Revenue Authorities – Customs administrations are at the fore front of implementing various components premised on the
OSBP concepts. The challenge in the EAC however, remains the one of a single agency as customs. There are a host of over twenty
projects at different stages spear-headed by customs administrations, with the assistance of various development partners, aimed at

introducing OSBP model components in the region. This has remained at joint verifications, sharing of parking yard facilities,
improved time clearances and zones & process documents (EAC Secretariat 2011).
Other measures have included putting in place the policy and legal frameworks to support trade facilitation through adopting the
OSBP concept to free borders. The policy and legal framework is in the following:
 The Protocol on the EAC Customs Union
 The EAC Customs Management Act 2004
 The East Africa Community Customs Management Regulations, 2010
 The EAC OSBP Bill 2010 which is awaiting enactment and passing by parliament.
The EAC Secretariat has also set up a number of Technical Working Groups since 2007, to harmonize and simplify documentation,
procedures and operational practices of different regional Government departments, institutions, agencies and private-led agencies. A
number of instruments and common standards have been introduced to facilitate regional transport and trade including harmonized
axle load limits, harmonized transit charges, regional carrier licensing, regional third-party motor vehicle insurance, and regional
customs transit system. However, despite being adopted by most member countries, effective implementation has been erratic and
generally weak (EAC 2011).
The East Africa Trade and Transport Facilitation (EATTF) Program, the three Corridor Agencies in East Africa:- the Transit
Transport Coordination Authority (TTCA) of the Northern Corridor, the Transit Transport Facilitation Agency (TTFA) of the Central
Corridor and the Dar-es-Salaam Corridor Coordinating Committee (DCC) provides an institutional framework for undertaking
interventions on the ground in terms of both regional and national projects and activities to establish OSBPs with a view to enhancing
the overall economic competitiveness of East Africa.

3. METHODOLOGY OF THE STUDY
3.1 Approach
The consultant’s approach to the assignment has been distinguished by three key principles:
 Any strategies and recommendations proposed contributes directly to the enhancement of the performance of TMEA and the
states, border management agencies involved in the assessment;
 Any proposals for change and transformation have been built on the structures and capacity which has already been created
 A fair representation of key stakeholders and interested parties have been consulted for their views on the lessons learned to-
date and the way forward
3.2 Methodology
Consistent with our proposed approach, the following methodology was adopted to meet the terms of reference of this assignment. In
summary it entailed:
a) Document Collection
b) Stakeholder analysis
c) Data (primary) collection
d) Data analysis and compilation of report
e) Stakeholder consultation on the draft proposal
f) Completion and submission of the final proposal
3.2.1 Document Collection
Solicitation of documents from TMEA and other recommended organizations formed part of the documentary review. Some of these
documents which include: policy statements, official reports, etc., were searched and secured of both hard and soft copies of data and
information from relevant agencies of Governments i.e. Revenue Authorities especially customs service departments, Ministries of
works, transport and infrastructure, roads authorities, Makerere University Business School - Kampala and internet web sites (WB,
WCO, WTO, UNCTAD, EAC, Google, etc.). The objective of this initial review of the documentation enabled us to determine the
parameters and key characteristics of the assignment. Our document review included, but was not limited to those listed for sharing in
the ToRs.
 Previous studies relevant to border posts
 Feasibility Impact Assessment Survey Reports for other border posts
 Time release studies carried-out in Uganda and Rwanda
 Various strategy papers / documents for border management agencies
3.2.2 Data collection
The collection of primary data was mainly based on the investigator’s own direct observation of relevant people, actions and
situations without asking from the respondents. The other aspect of data collection identified stakeholders within South Sudan and
Uganda as well as agreed relevant parties that have a direct interface with the agencies at border points. In addition, the various
relevant institutions and individuals were contacted accordingly. The Consultant started with the TMEA office to meet the
responsible officials for initial contacts about the assignment. The data collection outside the TMEA involved a number of
components. These were selection of a sample, interviews with select key stakeholders (customs, immigration, clearing agents,
police/security and observations.
3.2.3 Sample Selection
A sample is that part of a population which is actually observed.
The target sample in this study involved direct staff of the selected key agencies. These included mainly station heads,
practicing/hands-on officials and randomly tax payers & truckers. This method was selected in such a way that it avoided presenting
any biased view of the population. The method applied in this case was called simple random sampling in which the probabilities of
different samples were all equal.

3.2.4 Interviews with Stakeholders
The types of survey were both structured and unstructured. Structured by use of formal lists of questions asked of all respondents in
the same way. Unstructured where the interviewer probed respondents and guided the interview according to their answers. Targeted
interviews with selected stakeholders were conducted and included some of the key stakeholders below:
 Revenue administration heads or heads of border stations
 Heads of border security agencies
 Heads of National Agencies for Standards and OGAs
 Immigration agencies
In collecting data, the consultant aimed at establishing the status quo and deepening understanding on, among others:
 The key clearance activities and their associated obstacles at borders
 The trade patterns of the two countries and the related performance at the border post
 The operations and value addition of border management agencies as well as existing/ observed bottlenecks
 Inter-agency coordination mechanisms amongst the border management agencies
 Process flow mapping of cargo, vehicles and passengers in the clearing process
 Hierarchy of OSBP establishment and procedure implementation continuum
 Institutional arrangements for ideal border posts under OSBP
3.2.5 Data Analysis and Compilation of the Report
Qualitative research method was applied to describe the phenomena and events at the border in an attempt to understand and explain
them. In analyzing qualitative data, the consultant used content analysis methodology, through categorizing similar responses to come
up with emerging themes. When all the data (primary and secondary) was fully analyzed, we embarked on the process of drafting the
report. The draft has been discussed internally among the team members and edited for factual and grammatical errors before it is
submitted to the client.
3.2.6 Stakeholder consultation/ sensitization on the draft report
The consultant worked with the TMEA team to consult various and relevant stakeholder leadership. This allowed for the clarification
of expectations, roles, risks and contributions to the implementation of the OSBP concept. The stakeholder leadership consultation/
sensitization clarified the roles of leadership and various stakeholders at each stage of the OSBP concept/facility implementation
process
3.2.7. Challenges to the study
 Many respondents were not very exposed to the current and industry-age practices of border management and principles.
(That is why most of the best practice is gotten from literature review).
 The fact that border procedures in respect to security, connectivity, e-security, demands for best practices and joint facilities
were quite a new concept at Nimule/Elegu border post, limited the understanding and accordingly the responses to the
questionnaires. By applying face-to-face interview approach, the consultant used oral information as additional to the data.
 Lack and limited availability of both elaborate data and information from border agencies to assist in establishing the existing
conditions. The consultant relied mostly on the previous experience of managing and supervising over thirty related border
posts in Uganda, which shared borders with these countries; South Sudan, DRC, Rwanda, Tanzania and Kenya.
Despite the above limitations, the Consultant got a clear understanding of the subject from a wide range of literature that was obtained
on the subjects of trade facilitation, border management, security, border technologies and procedures; and from his own knowledge in
border coordination, modernization and institutional concepts and principles.

4. RESULTS OF FINDINGS ON OPERATIONAL ACTIVITIES
The study identified existing procedures and activities, and documented the status of their implementation, pointing out any gaps and
the causes thereof in the order of the border posts below. Their mapped procedures and narratives can be referred to in section 12.
4.1 Bibia/Elegu Border Post - Uganda
4.1.1 Existing Procedures for Key Agencies (see Appendix 5)
Customs
Transit Management
Bibia exits a lot of through transits, bonded and un-bonded exports to South Sudan.
When the Truck driver arrives at the border, the following procedures apply:
(a). A proper Customs officer receives the Customs documents from the truck driver or owner of the goods.
(b). The proper officer (depending on availability of network) confirms that all adequate Customs Clearance process was made by
the preceding Customs offices by comparing the details of the documents carried to what is in the ASYCUDA system.
(c). The officer checks /inquires for other aspects like Transit Goods License (TGL), Road User payments
(d). The officer checks whether the goods are destined to exit through Bibia. If yes, he goes ahead with the clearance, if not, he
refers such matters to the Station I/C for further management.
(e). The officer then inspects the truck – seals, marks and numbers and other details against the documents presented. And where
variances arise, he queries the truck driver or owner of goods. If matter is not satisfactorily explained, the officer raises and
forwards the matter for offence management (By Enforcement)
(f). Where there are No variances or queries, the officer shall validate the transaction in the ASYCUDA system (depending on
the availability of the network) and wave /exit the truck.
(g). On a regular basis, mostly weekly, the ASYCUDA system is queried for trucks destined to exit through Bibia but which have
exceeded their statutory exit period. Any findings are forwarded to the enforcement arm of Customs Department based in the
station.
Offence Management
The Offence management at the Station is applicable to offences created under the provisions of the East African Community
Management Act (EACCMA). Once an offence has been confirmed by a proper officer arising from either (a) above or elsewhere:
(a). The proper officer at the station issues to the taxpayer or his Agent a notice of seizure.
(b). The Officer takes a statement from the offender, completes an offence report, seizes the goods and records the details of this
transaction in the Offence Register.
(c). Where the offender is willing to settle the matter out of court like is the case for almost all the cases at Bibia Customs Station,
Form C40 (Request to settle the case) is completed.
(d). The proper officer computes the taxes and/or penalties and issues a payment notice
(e). The offender pays the cash to the station cashier who instantly issues him/her with a receipt generated from ASYCUDA.
(f). After the payment process, the goods are released and the offence register is updated accordingly.
Temporary Admission
Bibia also clears vehicles temporarily imported into the country from S/Sudan. When a vehicle arrives and the owner of the vehicle or
his agent declared his intention to secure a temporary road license (TRL), the following is done:
(a). The officer examines and compares the vehicle details to the documents (especially vehicle logbook) as submitted to him by
the vehicle owner or his agent.
(b). Where no discrepancies are identified, the officer captures the details of the motor vehicle and that of the owner/Agent into
the TEVIES (Temporary Vehicles Import and Export System) and (depending on the availability of network). While
processing entry of a vehicle, the TEVIES system has three basic processes namely – Submitting a declaration, Confirmation
of Payment and Issuance of Temporary Importation Certificate.
(c). Depending on the type of vehicle (Private /Government etc.) the TEVIES system will either issue a Miscellaneous Payment
Form (MPF) to enable effect payment or not – (Government vehicle do not pay) in which case the system will issue the
Temporary Importation Certificate without issuing an MPF.

(d). If it is a paying class of vehicle, TEVIES issues a system generated MPF which is paid into the ASYCUDA system prior to
the issuance of the importation certificate. It should be noted that as a counter check, the system cannot issue a certificate of
importation before a payment is made into the ASYCUDA system except only for non-paying vehicle.
(e). Both the officer and the owner of the vehicle or his authorized agent signs off the generated TEVIES documents after which
the taxpayer proceeds to his/her intended destination in Uganda
Return of the Vehicle
(a). When any vehicle previously issued with TRL either at Bibia or at any other station want to exit to South Sudan, the
Particulars of his documentation will be checked by an Officer at the station to ensure that the vehicle has not overstayed in
Uganda and the particulars of the vehicle are still the same as those indicated on the paper work.
(b). Where queries are applicable, the officer reconciles the vehicle in the TEVIES system and the vehicle is exited.
(c). Where the vehicle has overstayed in Uganda, the offence process takes effect.
Clearance of Imports
The Station receives imports for direct Home use with the necessary or available supporting documents from authorized /licensed
Clearing Agents. Upon receipt of the above, the following is done:
 IM 4 (Home Use Clearance)
The Station In charge or his appointee allocates the Customs Entry lodged by a Licensed Customs Agent to the various officers to
handle.
(a). The allocated officer(s) does a document check and ensures that all relevant boxes in the entry are completed and also
ensures that all relevant/ available documents are attached
(b). The officer performs verification of the goods and a verification account is generated.
(c). After verification, the results found as per the verification are compared with the declaration to confirm no errors for aspects
like classification, value/rate declared, unit of measure etc.
(d). Where there is nothing to query the agent on any of the matters above, the officer determines the Customs value, received tax
payments from the taxpayer or his authorized agent and finally releases the consignment from the ASYCUDA system. The
truck is then allowed to proceed.
4.1.2 Immigration procedure for registration of citizenship
Citizenship in Uganda is governed by the Uganda Citizenship and Immigration Control Act (Chapter 66) of the Laws of Uganda. Any
person to who section 14(1) or (2) applies may apply to the board in writing in the prescribed form, and the board shall, on proof to its
satisfaction that section 14 applies to that person, register that person as a citizen.
The board shall upon registration of any person under subsection (1) issue to that person in the prescribed form a certificate of
registration as a citizen of Uganda. The following procedures take place at Bibia frontier:
 Check passports for anything unusual, use intelligence to identify problems
 Stamp and return passports if the traveller conforms to the required procedures.
 Emphasis of using standardized identification documents to cross border. Uganda has sufficient documents.
 Request on the Visa fees is on a reciprocal basis on USD $50 single entry.
4.1.3 Other Agencies: - The following agencies were established to function;
 Security and police are at all borders to cause surveillance and monitoring national security, border crimes & infiltration,
law and public order. The activities are conducted as provided under their respective legal mandates and Acts.
 OGAs included: - veterinary, standards, agriculture & forestry are stationed at regional offices in Gulu town and are notified
for intervention when necessary. Their procedures are standalone, interventionist and adhoc. Sometimes their activities are
always linked to the customs and security agencies’ procedures.
 Border posts agency officers are being trained for basic and management checks and referrals

4.2 Nimule Border Post – South Sudan
4.2.1 Existing Procedures for key Agencies (see procedure mapping in Appendix 5)
Customs Administration
The clearance procedure is guided by a Value Guide Line which indicates the items and their respective applicable tax rates. The value
guide is used as a reference for rates/values after they are not satisfied by the valued declared by the taxpayers.
Imports and Exports Clearance- Bill of Entry
The import process runs as follows;
(a). The clearing agent receiving the transit documents from the truck driver or the owner/trader for home bound goods. The
agent prepares customs entry with all the required transactional documents and lodges it to customs long room. The receiving
officer manifests and registers it in the register and forwards the entries to the head of long room. The head of long room
allocates the entry (s) lodged to the selected officer to process.
(b). The document check officers ensure that all relevant / available documents are attached and more inquiries are made to the
trader/clearing agent whether has valid documents/permits. The commonly required permits include a trading license (import
or export) issued by Ministry of Commerce and Trade, and then depending on the type of goods, it will require the relevant
license and other relevant transactional documents to accompany the lodged entry (see table 4). Customs will usually revert
to the crafted value guidelines in their absence. On the part of customs the following are their documents; Arrival form,
Application for special services to the Chief of Customs Officer form no’s 54 & 53, Result of Examination (Sec. 61) Sudan
Customs form no 48, S. Sudan Customs Bill of Entry.
(c). The document checked entries are passed on to the tariff section which is divided into two sub-sections;
 Verification and estimation: The estimator (officer performing estimation) carries out verification of the goods and
a verification account is generated. After verification, the results found as per the verification are compared with the
declaration to confirm no errors for aspects like classification, value/rate declared, unit of measure etc. Thereafter,
reference or guideline values are used to approve or estimated the value for tax/duty purposes.
 Audit Desk will usually conduct a comprehensive check on the correctness of what has been estimated and
determined for tax purposes.
(d). The entry is forwarded to cash section. The cashier receives tax payments from the taxpayer or his authorized agent in form
of cash revenue. The entry is rotated and numbered. A receipt is issued and entry stamped, perforated and then forwarded to
the station head for final release.
(e). The Director of the station receives all entries due after payment for final cross-checks. If he is satisfied, final release is
issued in a way of endorsement, ‘approved’ with a date and time. The entry is collected by the office courier and taken to the
separation section. The entry is separated where the client/agent receives his copies.
(f). Final exit process:-The client/agent proceeds to the parking shed or customs warehouse officer in-charge for final exit
procedures. The Parking shed or warehouse officer will confirm the documents, compliance with other relevant agencies and
authorities for appropriate dues (including porters’ charges) and requirements if found conforming. Issues a gate –pass or
stamps again for the final exit. The truck will then get allowed to exit at the barrier gate for home consumption.
Transit Management
When the transit truck driver arrives at the border:
(a). The truck driver or owner of the goods or their clearing agent presents the entry to customs.
(b). The customs officer cross-checks the declaration to ensure that all the relevant /available documents are attached and such
attached documents are adequate, accurate and are consistent to the consignment. The officer shall ascertain that the Bond in
Force (BIF) declared by the Agent is adequate. The officer then inspects the truck – seals, marks and numbers and other
details against the documents presented. And where variances arise, he queries the truck driver or owner of goods. If matter is
not satisfactorily explained, the officer raises forwards the matter for offence management.
(c). Final exit process:- Where there are no queries, the officer shall forward the entry to the station head who will endorse
approval for continuation. The entry will be returned and exit of the truck will follow. The clearance time will usually take
two days if the procedures were conforming. The transit documents are currently used to clear and later on escort the cargo
which is considered risky or counterfeit.

Offence Management
Sudan Customs Management Act (SCMA) provided the basis for compounding offences. The offence schedule was being up dated
with some provisions under the East African Community Customs Management Act provides in form of an offence guide below:
(a). When an offence happens contrary to the customs procedures, customs officer at the station issues a notice of seizure.
(b). The customs officer takes a statement from the offender, completes an offence report, seizes the goods and records the details
of this transaction and forwards to the Director who compounds an offence and his decision is final.
(c). The offender pays the cash to the station cashier who issues him/her with a receipt. After the payment process, the goods are
released and the offence terminates.
Temporary Admission
The customs procedure under Temporary Road License (TRL) regime is jointly handled by customs and police. When a vehicle
arrives from foreign and the owner of the vehicle or his agent declared his intention to secure a TRL, the following is done:
(a). The officer and police examine separately and compare the vehicle details to the documents (especially vehicle logbook) as
submitted to him by the vehicle owner or his agent.
(b). Where no discrepancies are identified, the officers record the details of the motor vehicle and that of the owner/Agent into the
register.
(c). Depending on the type of vehicle (Private /Government etc.) the officers will collect payment of USD$50 effect payment or
not – (Government vehicles do not pay).
(d). Both the officers (customs & police); and the owner of the vehicle or his authorized agent signs off the TRL
documents/forms after which the taxpayer proceeds to his/her intended destination in S. Sudan. Returning vehicles are not
charged.
General Comments on:
(a). Station Personnel
(i). It is also important to note that most of the Customs officers in Southern Sudanese Customs are former combatants rewarded to
work in these offices because of their role in the bush war. Because of this, they lack the basic Customs knowledge and other trainings
relevant to a proper customs officers’ professional work. It is estimated that over 60% of the border population in the surrounding
areas of Nimule is armed.
(ii). Nimule customs post is a processing station. This includes receiving of cargo for home use in Sudan and transit through to Central
African Republic and Sudan. On average, 3600 trucks are received and cleared monthly of imported and some transit consignments.
(iii). Processing of imports of local goods from Uganda on average, clearance of 800 trucks is done monthly of such imports.
(iv). Ensure that prohibited imports & exports do not enter or leave the country. Further ensure that restricted goods have proper
authorization documents.
(b). Collection of trade statistics is still manual and it is collected by the statistics departments
There is a statistics section responsible for collection of all trade data after customs has concluded its procedures. After separation by
customs a copy or a bundle of copies at daily intervals, are sent to statistics section. This section then compiles its data monthly and
transmits it to Juba Ministry of Finance and Planning. The section lacked any statistician official and the officials on the ground were
learning on the job.
4.2.2 Immigration
The department of Immigration falls under the Ministry of Internal Affairs and National Security. It operates independently of other
agencies since security and police are under the same Ministry. The officials perform the following procedures;
 Deal with foreigners for those who are coming to S. Sudan and about 300 -400 travellers (both motorized and on foot)
are processed on a daily basis at peak seasons.
 Check the documents that facilitates the traveller intends to do
 Passports are checked for anything unusual, with the use intelligence to identify problems
 After check the documents, he pays a USD$ 50 is for single entry and not to exceed more three months. Then official
stamps and return passport.

 For cross border travellers, chits are issued to assist them go on the Ugandan side for temporary visit or on the market
day. Sometimes the chits are ignored by the counterparts.
 There was urgent need to establishment a mutual and friendly working relationship with Uganda counterparts across the
border.
NB: Inform travellers cross border treatment and are not charged. The station head proposed to their counter parts to
reciprocate but has not yet happened due to different legislation existing in place.
4.2.3 Other Agencies
The following institutional border agencies play a supplementary role in the goods clearance process, as well as the legal basis (as
defined by legislation, regulations and/or administrative instructions at the country-level for border operations) that drive the clearance
processes:
 Eastern Equatorial State Revenue Authority
 Central Equatorial State Revenue Authority
 Taxation Department taken for excise duty, income tax, road toll is under Ministry Finance
 Commerce and trade- check permits/licenses for cross border trade and those who imports,
 Statistics for compiling Government and relevant OGA’s
 Bureau of standards check the validity and quality of goods
 Traffic Police for licensing of vehicles
 Agriculture, Veterinary/Animal & Crop agencies
 Phytosanitary agencies
 Police, Security and the Army for maintaining the overall national security and public order
 Immigration under interior as customs for passengers/travellers
4.2.4 Procedure Challenges at Bibia-Elegu/Nimule
There are a number of challenges observed in the border post:-
(a) Specific Border Challenges
 The Nimule border agencies’ processes are all manual that are easily subject to manipulations and fraud.
 Most of the border agency officers at Nimule are not sufficiently trained in border modern management procedures, Tax
Administration or in enforcing the tax law.
 The absence of an updated tax law in place. Borrow and use EACCMA and its regulations on observer status.
 The serious interference in the Customs work by the various security Agencies at Nimule border. The security risks in
S/Sudan are still high. In the disguise of the security officer being on the lookout for security risks, they tend to interfere
in all border agency operations.
 The Clearing Agents at Nimule are more than thirty in number, untrained and practise a lot of forgery like scanning of
Customs documents from Uganda, collusion with security Agencies to evade proper clearance of containers, vehicles etc.
(b) Agencies operating on a standalone basis
 Multiple Agencies. There are sixteen Government, regional Government and private sector agencies all crowded at
Nimule border
 Predominance of in-house build and delivery 100% manual systems that don’t relate with the headquarters. For example
the Station head has a locally drafted and discretly used valuation guideline.
 Isolated data capture and information processing by all agencies.
 Emphasis on back office transaction processing. A lot of the business operations are performed by people who do not
make policy, or the place where they work.
(c) Physical control and constraints that impact procedures
 Limited integrity and transparency by agency officials, e.g. there is total absence of open-office concept.
 Organizational performance measurement is absent especially for Nimule agency staff and Uganda’s OGA’s.
 Standard and basic training, mainly technical and administrative is absent and required urgently.
 During rainy season, the place floods, slowing down traffic movement that impacts on the clearance time and
examination activities.
 Land encroachment by inhabitants on land that used to house customs in early 1950s. The Commissioner Customs has
since November 2011 validated the earlier land status to final formalities of titling the acquired border land area by this

year. Remedy: Secure land for constructing OSBP facilities in a juxtaposed arrangement along the border line (separated
by the River Elegu) between Uganda and Sudan.
4.3 Numerous Documents to Fill
There are varying documentation requirements by two countries for cross border transactions. Growing depletion of some natural
forest resources and security concerns have also caused most countries to require rigorous and complicated documentation systems.
The document requirements also vary according to the type of products entering in and out of a country. This is particularly
burdensome when it comes to products such as agriculture and animal products which require different permits and certificates in
order to move across borders. There is also lack of a standardized and efficient procedure for securing clearances and facilitation of
the importation and exportation of particular products.
The study carried out and established that the required documents include customs declaration forms, invoices, freight
documentations, licenses (where applicable), as well as official documents exchanged between the parties to the transaction (see Table
4). On average it requires seven (7) documents to move goods across borders in the border posts. Although there are a number of
documents required at different country borders, they are instituted for various reasons as described in the table, they lead to delays,
increase costs, open avenues for corruption and therefore a hindrance to bi-lateral and intra-regional trade.
It, therefore, recommended that we:
 Review current documentation requirements with the view of streamlining and reducing the documents in number necessary
for crossing the borders
 Establish an efficient pre-clearance process that allows one to put all documents together. Physical checks should only be
carried out to ascertain that the goods carried correspond to the documentation
 Incorporate modern customs risk management practices such as the Authorized Economic Operator accreditation
 Standardization of procedures for securing clearances and facilitation of the importation and exportation of agricultural and
livestock products
 The adjoining governments of the different border posts should work towards reducing and later on harmonise the numerous
and different number of documents used for trading goods across these borders

Table 4: List of Import and Export Documents
No. Export/Import Documents required Source/Issuing Agency Importance/ Purpose
General Documents required
1 Commercial invoice or simple cash sale
receipt & Packing List
Prepared by the seller Valuation and duty assessment
2. Shipping bill, Bill of lading Prepared by the shippers Declare goods for voyage and travel manifest
3 Import & Export bill of entries, Transit
entries, Simplified Cross-Border
Certificates, EAC, COMESA, S. Sudan
certificates of origin
Revenue Authorities and
Customs Administrations of
the respective countries
These certificates grant preferential tax treatment for
goods of a value not more than US$ 500 traded among
partner states
4 Boarder Permits/ Local Authorities &
Councils clearance letters
Issued at Border Districts,
regions or Local Authorities
and Council area offices
Gives credibility to the origin of goods. Very
cumbersome to acquire
5 Drugs Certificates Drugs Authorities and Heath
Ministries
Certifies and grants permission to import or export
types of drugs and their durability.
Animal & Animal Products
6 Live Animal and animals products Export
License
Livestock Health and
Entomology –Ministries
Grants permission to transport line animals & products
across borders.
Processed Products
7 Quality Assurance Certificate National Bureau of Standards Proof of quality, safety compliance.
Fish
8 Health Certificate Department of Fisheries in
Ministries
Certifies that processing was undertaken under
hygienic conditions and thus guarantees safety to the
consumer.
9 Fish Export Permit Department of Fisheries Grants authority to operate business in Fish export.
Minerals
10 Mineral Export Permit Geological Surveys and
Mines Department
Grants permission to trade in Mineral products and
gives proof of a legitimate product
Bees and Bee products
11 Export permit and health Inspection
Certificate.
Livestock Health and
Entomology
Grants permission to trade in bee products, packaged
bees, and bee colonies
Second hand clothing
12 Fumigation certificate Private certified fumigating
companies.
For Second hand clothing. This shows that the clothing
were fumigated prior to shipment and are free from any
vermin`s or disease causing organisms.
Coffee and Cotton
13 Export Permits Coffee and Cotton
Development Authorities.
Required before a coffee or cotton shipment is cleared
by customs for export.
Wild Animals
14 Wildlife permit Wildlife Department
Authorities
Grants permission to trade in wild live animals, games
and trophies
Flower fruits, vegetables and plants
15 Phytosanitary Certificate and Timber
permits
Ministries of Agriculture &
Forestry
A mandatory International requirement for trade in
plant product. It certifies that the product does not
contain anything injurious to plants, animals and
human health.
Source: Original Data Collection in Nuwagaba (2011)

4.4 Border Agencies
A key impediment to cross border and intraregional trade at these border posts is the multiplicity of government agencies on both
sides of different borders. All government agencies enforce different types of legislation and have legal powers to detain goods and
people if any transgression against any of the specific pieces of legislation is flouted. The most common or standard agencies across
borders within the region are listed in table 5 below.
Table 5: Border Common and Unique Agencies
Country Common agencies Unique agencies
South Sudan: Nimule Eastern Equatorial State Revenue Authority
Taxation Department taken for excise duty,
income tax, road toll is under Ministry
Finance
Commerce and trade- check
permits/licenses for cross border trade and
those who imports,
Statistics for compiling Government and
relevant OGA’s
Bureau of standards check the validity and
quality of goods
Traffic Police for licensing of vehicles
Agriculture, Veterinary/Animal & Crop
agencies
Phytosanitary agencies
Police and other Internal Security for
maintaining the overall national security
and public order.
Immigration under interior as customs for
passengers/travellers
Central Equatorial Province Revenue
Authority
Ministry of Internal Affairs
Army
Uganda:- Bibia/Elegu Customs
Immigration
Police
Agriculture & Veterinary
Army,
Internal Security
National Forestry Agency
Source: Original Data Collection in Nuwagaba 2011
Generally, there is lack of a centralized coordination mechanism among border agencies. Each agency captures their information for
their own needs, possibly in different formats, thus reducing the potential of sharing the information and by so doing affect border post
operating efficiency. This therefore, makes it almost impossible to share information in a timely manner even if they were to
cooperate. There is need to establish a coordinated and standardized operations of agencies within each country. Once this is set,
harmonization across countries can then be improved. Harmonization internally and across borders will have a number of benefits.
However, for the process to take effective change there is need for capacity building programs for all border officials.
4.5 Legislative Framework Supporting Procedures
4.5.1 The Legal Aspect on OSBP concept
The OSBP concept envisaged for Nimule/Elegu border procedures requires additional legal authority beyond that which is provided
by, if any, the existing legislation for two essential reasons. Firstly, it will entail the performance of border controls by various officers
of one State in terms of its national laws extraterritorially in another State. Secondly, a legal mandate is required for hosting

arrangements of that Sate’s border control officers who will operate in terms of their own national laws within the territory of the other
State. The legal framework proposed would also additionally provide for the administration and management of wider safety and
security functions including the general maintenance of law and order (as distinct from border controls) at such OSBP.
4.5.2 Underlying legal principles to support operational activities
Extraterritorial jurisdiction: - It is an established legal principle of public international law that national laws of a State generally
only apply within the territory of that State. “…….. The exercise of jurisdiction is limited, save by special international agreement,
to the territory of each State, so that the State can only exercise it over persons or things within or coming within the territory”.
The principle of extraterritoriality allows the participating states to extend the application of specific national laws to a place located
outside their own territories. Extraterritoriality is thus an exception to the above stated legal principle and to that extent would of
necessity need to clearly define which national laws apply extraterritorially and specific locations where such laws would apply.
Hosting arrangements: - Similarly, as with the said principle of territorial application of national laws, officials of a States are
limited, in the exercise of their functions and application of their national laws, to within the territory of that State. The exercise of
official functions and application of the national laws in the territory of another State of necessity needs to be agreed to between the
two States and authorised by such other State in terms of its own national laws (OSBP Source Book 2011).
4.5.3 Determination of Appropriate Legal Instrument
A number of instruments to enact the OSBP concept into law in this particular jurisdiction of Uganda and South Sudan are available as
follows:
Bilateral Arrangements
 Memorandum of Understanding (MOU) and National Act
This is the most recommended approach where two adjoining countries are involved and the focus is on establishing an
OSBP at a particular Border Post. It entails the negotiation and conclusion between the two countries of a bilateral agreement
in which the parameters of establishing such OSBP are spelt out. It also requires that such arrangement be entrenched in the
domestic laws of each country by way of an appropriate Act of Parliament so as to give legal effect to the provisions of the
MOU and the principles of extraterritoriality and hosting arrangements.
 Other
It is not mandatory that the bilateral arrangement should be called an MOU. Other jurisdictions may prefer to call such
agreements a Memorandum of Agreement (MOA), or Protocol or Treaty or Constitution, or any such other name as may be
deemed appropriate. What is critical is that such legal instrument should outline what is considered the key issues to be
addressed therein as will be outlined below.
4.6 The Private Sector Involvement and Participation
4.6.1 Business Service Providers
These include:
 Customs clearing brokers (useful in establishing transit documentation and a few times for home use goods clearances, though
not necessary when goods are above the authorized threshold and cleared inland),
 Bank offices (where duties and taxes collected by customs and all other agencies are often paid), and foreign exchange offices
(usually handled by money changers or one registered bureau).
 Insurance Companies. The presence of insurance brokers offer services on the issuance of COMESA insurance certificate or third
party requirements for motor vehicle insurance; and where differing insurance regulations exists.

4.6.2 Business and society Costs Incurred
The problems arising from the different border procedures typically translate to additional costs of doing business. The hassle of
random inspection by various agencies, collecting the required documentation, and lack of information sharing and communication
through interfaced ICT systems all lead to delays for companies trading good across borders. Table 6 below shows the national
average number of days a consignment takes to cross one (1) border and the average cost incurred per day per consignment for delays
by business.
Table 6: National & Nimule Border Average Cost Incurred by Delays
Country Average no. of days to cross one
(1) border
Average cost pr. day
for delays (US$)
Average cost per
delays (US$) at
Nimule/Elegu
DRC 3-7 days 300
Burundi 1-2 days 125
Uganda 1-2 days 100 100
Rwanda 1-2 days 100
South Sudan 3-8 days 250 350
Average 1-8 185 225
Source: ESA-BMO research study group 2010 & survey 2011 comparative figures
4.7 Clearance and Processing Times
During the survey it became imperative to establish the efficiency levels with regard to testing the existing procedures at
Nimule/Elegu border post. The efficiency measure was determined by measuring two variables based on the WCO (2007) time release
study principles. The processing mean time from the time a transaction is registered or one enters and leaves the customs or border
area. The other variable was to ascertain transactional clearances of cargo itself in terms of entries registered and assessed. The
findings in figures 2 & 3 were based on both primary & secondary data and observations at the border posts; and are graphed in the
following texts.
Note: The processing times graphed are actually average processing times.
4.7.1 Customs
Figure 2: Average Daily Clearance Transactions and Processing Times (Hours):- Nimule & Bibia/Elegu
Source: Oral & Structured Interviews 2011
 Generally, Nimule performs far below expectations with processing time up to days for transactions that should be
processed in just minutes. Daily clearance transactions too remain low.

 Bibia on the other hand takes slightly more processing time than best practice but its processing time is visibly less than
an hour unlike the Nimule border which takes days.
 Even with the lower processing time at Bibia, the daily clearance transactions do not correspond accordingly.
 Nimule take an average of 4 days to process imports on the border, remarkably it records a fairly high number of daily
clearance transactions(170) which is well above the minimum expectation (100) compared to Bibia (25) which only
takes 45 minutes.
 Export assessment and transit for both directions for Nimule takes about a day in processing time and still records low
daily clearance transactions of 25 and 80 respectively compared to the optimum of 100 and 200 respectively.
 Temporary admissions, despite the enormous time gap, indicate the same number of daily transactions at both borders of
Nimule and Bibia.
4.7.2 Immigration
Figure 3: Average Daily Traveller Clearance & Processing Times (Minutes): Nimule and Bibia/Elegu
Source: Oral & Structured Interviews 2011
 The two border posts, Nimule and Bibia, perform over and above the minimum expectations (200) for the informal
travellers daily clearance transactions
 Nimule and Bibia (175) perform over and above the optimum for the official /transit traveller daily clearance
transactions.
 Nimule (12.5 and 7.5) fails to meet the best practice for official/ transit processing time and informal traveller processing
time.
 Bibia performs over and above the optimum.

4.7.3. Emerging Issues/Lessons
(a). The OSBP Model
The procedural findings established security and sovereignty at this border post to favor the juxtaposed type of OSBP model.
Elegu border post on Uganda’s side requires a totally new set up of physical infrastructure to host the operational activities. Nimule
border post may require remodeling of the existing structures or total reconstruction to bring to harmony the procedure and security
arrangements.
(b). Sovereignty and Security Concerns
In South Sudan, the inter-tribal conflicts are threatening the fragile peace efforts after independence on 09/07/2011. Armed bandits
and cattle rustling is worsened by the small arms infiltration circulated in the larger part of country. The LRA insurgency which is
now confined in the deep western part of the country is causing fatalities and death to the local communities. Over 25,000 people have
been displaced from their homes, mostly in the areas of Ezo, Yubu, Tombura, Nagero, Nzara, Yambio, Ibba, Maridi and Mundri West
counties in Western Equatorial State since 2010. Trade and transit corridors are constantly disrupted in the affected areas.
The issue of sovereignty is still sensitive with border demarcation still unresolved around the country. Security is very fragile and
insecurity still prevailing especially in the rural areas. The areas of Kaya and Nimule are relatively secure and well protected. OSBP
concept must be backed by the legal framework (protocols, agreements, MOU’s or Act) accepted and endorsed by all relevant parties.
These were the sentiments from the brief interaction with the parties from the capitals and at the border posts. There are prevailing
concerns of insecurity in varying degrees in all the two member states under study. The design of the border must put HIGH security
consideration the location at the immediate borders to the comfort and safety of all operating agencies’ officials.

5. FUTURE DEMAND FOR BORDER AGENCIES
5.1 Introduction
Procedure simplification and coordination of a multitude of agencies involved in border clearance is increasingly cardinal for an
efficient border post management. In designing the border architectural designs, not only the count is done but also the relevance of
each agency ought to be evaluated to have a must presence at the CCZ. Both the clearance and processing time underscores the
optimal facility utilization, sharing and holding capacity considerations. In addition, it is critical to provide estimates for both office
space and personnel requirements to aid sectional allocation in terms of numbers, location, size and their dimensions within the
common control zone (see Appendix 1, 2 &3). The key border agencies and their roles have been highlighted in Appendix 4 below.
5.1.1 Juxtaposed OSBP Proposed Process Flow: - The future demand on design for Nimule/Elegu should take into consideration a
juxtaposed OSBP model recommended as most appropriate. The proposed process-flow mapping follows (see mapping in section 12)
and thus summarized here below;
Process Flow- with OGAs (Standards, Phytosanitary, Veterinary, Immigration, Police, Health, border management)
 The process starts when pre-arrival information is received by the clearing Agent
 The agent makes a Pre-entry using the pre-arrival information
 The agent assesses and uploads the declaration with the relevant documents
Customs will conduct a face vet on the lodged declaration
 If the documents do not conform then they will be queried and forwarded to the agent for correction
 If the document conforms then selectivity will be triggered in (ASYCUDA)
 After selectivity is triggered then there will be concurrent clearance by customs and OGAs for yellow lane entries
 Issuance of certificates by other Government agencies
 The declaration will then be Passed/Released
Goods arrival at the border
 Green lane entry goods will be exited immediately they arrive at the border
 Red lane entries goods will undergo a joint verification
 If the goods do not conform then the offence process will be triggered
 If the goods conform then they will be released.
 The goods will then be exited in the system
 Final exit from the border
Clearance of Goods below CIF value threshold
All goods in small quantities or baggage that are below $500 CIF value threshold by travellers will report and declare to the
designated customs impound shed. Customs official(s) will assess by using the automated simplified document (SD). The traveller or
taxpayer will proceed to pay in the near-by bank and return for confirmation, final release and exit procedures by customs. Where
other OGAs wish to intervene, customs usually informs them. Cashiers in this instance are meant to carry out book keeping and
revenue reconciliations. The administrative procedure should remain in place to keep limiting such baggage to the extent that when
they exceed a set limit, it is forwarded inland for processing. Such policy will aid to lessen clearance pressure on the right-sized
facility put in place.
5.2 Coordinated Border Management
Coordinated Border Management (CBM) is most appropriate for efficient and effective border post management as a tool to establish
cooperation with the multitudes of border agencies legitimately operating at common frontiers. CBM represents an approach to
manage borders involving public and private service agencies working across portfolio boundaries in a coordinated manner to achieve
a shared goal thus providing a cohesive government response to the challenges of border management. CBM can be divided into two
categories:

Border Post Assessment for OSBP Establishment- A case Of Numule-S.Sudan and Elegu-Uganda-2012

Border Post Assessment for OSBP Establishment- A case Of Numule-S.Sudan and Elegu-Uganda-2012

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