Active complaints

Showing items 1 to 20 of 63
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status
Actions
NTB-000-723 7.4. Costly procedures 2016-09-06 Zambia: All ports of entry South Africa New View
Complaint: Drivers are experiencing long delays in processing of the maize export permits in Zambia. It takes more than 90 days for permits to be processed by the authorities causing drivers to exceed their 90 day limit in Zambia.Once drivers reach this limit, they are required to buy work permits at a very high cost of $225. This impacts heavily on already small margins.  
NTB-000-722 2.8. Lengthy and costly customs clearance procedures 2016-08-29 South Africa: OR Tambo International Airport Lesotho New View
Complaint: The South African Revenue Services at OR Tambo have detained consignment destined for Maseru since 29 August 2016 without explanation. This is yet another time when our goods are detained for more than a week and yet they are destined for Lesotho and not South Africa. The airway bill clearly has the address of the importer being in Lesotho but South African Customs detains the goods nonetheless. South African Customs is requested to explain the rationale for detaining goods destined for other countries , in this case Lesotho and whether it is lawful that goods which arrived on 29 August are still detained?  
Progress: SADC Secretariat observed that the importer from Lesotho was faced with challenges reflecting Lesotho as the final port of disembarkation because all goods coming by air to Maseru lend at OR Tambo from where they are dispatched to consigned addresses. This particular airway bill will therefore reflect OR Tambo as final port of disembarkation but consigned to Maseru. This situation is therefore beyond their control .

The Customs department in the Secretariat will therefore facilitate consultations between SARs and the Importer in Maseru to find way forward with regards future and any similar consignments to that country .
 
NTB-000-721 5.5. Import licensing requirements
Policy/Regulatory
2016-06-17 Zimbabwe: Ministry of Industry & Commerce Zambia In process View
Complaint: Zimbabwe introduced surcharges on certain products in violation of the letter and spirit of the COMESA Free Trade Area. Zimbabwe introduced Statutory Instrument 64 of 2016 , controlling the volumes of imports of products exported by Zambia to Zimbabwe Statutory Instrument (SI 64 of 2016),requires that import licenses be obtained from the Ministry of Industry and Commerce before importation of a wide range of products. The instrument is in force and is being implemented  
Progress: At the 5th Meeting of the COMESA NTB Focal Points held in Nairobi form 23-25 August 2016, Zambia confirmed that the NTB was still pending resolution by Zimbabwe. In response , Zimbabwe reported that Permanent Secretaries of Zimbabwe and Zambia met and agreed that Zimbabwe should communicate all the measures that had been taken and any future measures well on time for the information of trading partners . The parties agreed to meet regularly to share information and discuss mutually beneficial matters of interest to the two countries . Zimbabwe undertook to notify COMESA about the Statutory Instrument 64 by 31 October 2016.  
NTB-000-720 2.3. Issues related to the rules of origin
Policy/Regulatory
2016-06-07 Sudan: Sudan Customs Authority Egypt In process View
Complaint: Sudan Customs authority has stopped applying the customs exemption on Egyptian Ceramic tiles products despite the fact that the consignments are accompanied by a COMESA certificate of origin .  
Progress: During the 5th meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016 Sudan reported that it had established a committee comprising the relevant stakeholders to analyse the problem and inform the Minister within 30days. The matter will be presented to the next bilateral meeting between Egypt and Sudan scheduled in Cairo in October 2016. Further , COMESA Secretariat reported that communication had been sent to Sudan on this issue and Sudan undertook to respond to the communication from COMESA Secretariat once it is received.  
NTB-000-718 8.8. Issues related to transit 2016-08-02 Mozambique: Beira Port Zambia New View
Complaint: With reference to Resolved NTB-000-606, the matter is anything but resolved. We continue to experience attacks on our vehicles when using the Munhava Port Access. We have contacted numerous Security Companies in Beira to provide security for the vehicles, all have refused quoting the security situation. We have also been advised by other transporters that placing guards on the vehicles will only draw further action against the vehicles in an act of defiance/retribution. The Police do seem to be prepared to escort the vehicles, but we have no contacts nor tariffs charged. In the past week we have recorded 3 violent incidents.  
NTB-000-717 Illegal impoundment of legally operated trucks 2016-07-13 Zambia: military base South Africa In process View
Complaint: Trucks from various countries including Zimbabwe, South Africa and Malawi origin transporting Maize bran legally with valid documentation and export permits issued by Zambian Dept of Agriculture were held at Kafue Weigh Bridge for almost a week, others longer than 3 weeks allegedly waiting for validation of export permits.

On 13 July permanent Secretary of Lusaka province arrived and Kafue bridge and after a short talk on maize smuggling to drivers ordered 31 of the trucks to be convoyed back to Lusaka to a military base under escort of military police to be impounded.

The drivers were told that upon arrival at the destination they were to take nothing from the trucks and leave. They were also told that where they were to sleep/reside was not the concern of the military personnel or authorities, it was their own problem.

At the military base the drivers manage to negotiate the removal of their clothing, blankets and personal effect , and were forced to hand over the keys to the vehicles and sign forms of impoundment.

This all for vehicles tranporting goods legally, all carrying clearing documentation legally processed by zambian clearing agents and valid legal permits issued by the Zambian Dept of Agriculture in Lusaka.

Subsequent to this another approximate 20 vehicles has experienced the same process.

Daily representations, discussions and meetings since then between various persons and organizations representing transporters and the office of the permanent Secretary of Lusaka yield no results or explanation for the impoundment of vehicles carrying legal documents, nor a date when the vehicles will be released.

Drivers are out on the streets, many with no suitable place to sleep. Some, out of desperation resorted to hitch-hiking back to their home countries.

Transporters are incurring heavy losses.

We urgently request that these trucks be released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold legally operated trucks.

The incident is also going to be escalated via the relevant countries' embassies/high commissions and Trade Authorities .

 
Progress: During the 5th meeting of COMESA NTBs Focal Points, Zambia reported that the issue arose from suspected smuggling of maize. Where smuggling is suspected, the procedure is to impound the consignment including the vehicle/vessel transporting such consignment until investigations are over. The transporter should clarify whether the trucks are still being held or have been released. Meanwhile, consultations with relevant Government Authorities to provide more clarity on this issue areongoing.



The Focal Point for Zambia has reported telephonically, that he is contacting Ministry of Agriculture who are the responsible authorities and will advise status by end of day 22nd July 2016
 
NTB-000-716 8.7. Costly Road user charges /fees 2016-06-30 Kenya: Mombasa County Burundi In process View
Complaint: Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Kenya undertook to make consultations with the County administration and report back.  
NTB-000-715 2.6. Additional taxes and other charges
Policy/Regulatory
2016-06-30 Tanzania: Ministry of Envinronment Kenya In process View
Complaint: Tanzania authority requires that heat treated wooden pallets be fumigated again at the Border, failure of which they charge penalties.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Tanzania undertook to follow up with relevant authorities and report back.  
NTB-000-714 6.7. Other
Policy/Regulatory
2016-06-30 Tanzania: Tanzania Food and Drug Authority Kenya In process View
Complaint: TFDA registers injectables as per pack size and treats each product by itself rendering retaining licences for the product very expensive.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Tanzania undertook to investigate and report back  
NTB-000-713 2.6. Additional taxes and other charges 2016-06-30 Uganda: Busia Kenya In process View
Complaint: Exports to DRC are subjected to verifications at Busia border and consignments sealed but an additional charges and verification is done at Busitema where the seal is broken and customer/transporter is charged.  
Progress: At the 21st meeting of the EAC Regional Forum on NTBs, Uganda undertook to investigate and report back.  
NTB-000-712 2.6. Additional taxes and other charges 2016-06-30 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: A Kenyan Exhibitor for the 40th Dar es Salaam International Tradefair charged duties on goods by TFDA and TRA.  
Progress: At the 21st EAC Regional NTBs Forum, Tanzania reported that they would investigate and report back.  
NTB-000-711 8.7. Costly Road user charges /fees
Policy/Regulatory
2016-06-30 Kenya: Mombasa County Burundi In process View
Complaint: Mombasa County in Kenya charges transit fees of ksh 6,000 for transit cargo truck.  
Progress: Kenya will report back in the next EAC Regional NTBs Forum.  
NTB-000-710 2.14. Other
Policy/Regulatory
2016-04-01 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: TRA offices close earlier (3.00 pm) than KRA Office hindering the Verification at Inland Container Deport (ICD) Nairobi  
Progress: URT reported that TRA Officers deployed in Kenya for the Single Customs Territory (SCT) are working under KRA working hours. There are 6 TRA Officers in Kenya i.e 3 in Nairobi and 3 in Mombasa.

This NTB is to be referred to the SCT Committee.
 
NTB-000-709 2.2. Arbitrary customs classification 2016-04-01 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Arbitrary uplifting of value exports of the Air filters for internal Combustion manufactured by Kenafric products leading to high charges on VAT  
Progress: URT reported that this NTB was resolved. However, Kenya reported that this NTB was still obtaining and
will be discussed during the bilateral meeting between Kenya and URT.
 
NTB-000-708 8.6. Vehicle standards
Policy/Regulatory
2016-04-30 Kenya: Mombasa sea port Uganda In process View
Complaint: Charging of a Ks. 30,000 fines for criminal offence (TR361/16) for lorries imported by Uganda from German without Mud Guards.  
Progress: Kenya reported that this is a legal requirement which is not discriminatory. The legal instrument was circulated during the 20th NTBs Forum.

Kenya to issue a formal notice on the regulation requiring port exit with mud flaps fitted.
 
NTB-000-707 2.3. Issues related to the rules of origin
Policy/Regulatory
2016-05-04 Rwanda: Rwanda Revenue Authority Tanzania In process View
Complaint: Rwanda does not give preferential treatment for rice originating from Tanzania as per the requirement of the EAC Rules of origin  
Progress: Rwanda reported that this issue was under consideration bilaterally between Rwanda and URT.  
NTB-000-706 8.1. Government Policy and regulations
Policy/Regulatory
2016-05-18 Uganda: Uganda Police Burundi In process View
Complaint: Uganda recognizes the COMESA yellow card insurance but it is not honoured once there is an accident.  
Progress: Uganda reported that she recognizes COMESA Yellow Card insurance. However the policy requires that all trucks involved in criminal accidents should be held to allow investigation.
Uganda requested for time to undertake further consultations with the relevant authority and report by the end of July 2016. The Secretariat to establish the elements covered under the COMESA Yellow Card Insurance and report back to the next meeting.
 
NTB-000-705 8.7. Costly Road user charges /fees
Policy/Regulatory
2016-04-23 Rwanda: Rwanda Revenue Authority Burundi In process View
Complaint: Rwanda makes trucks to pay double the certificate of Transit Goods. That is US$400 instead of US$ 200 per truck and trailer separately  
Progress: Rwanda reported that consultations with Customs revealed that Rwanda was implementing the revised EAC Regulations on Customs Management Act, 2010
The Act stipulates that a pulling trailer is considered separate from the truck.
The Secretariat will seek for clarification on this NTB from the Custom Department at the Secretariat and report back in the next Forum
 
NTB-000-704 1.14. Lack of coordination between government institutions 2016-04-22 Uganda: Ministries responsible for Trade in Rwanda, Tanzania and Uganda Kenya In process View
Complaint: Inadequate or no information on the change of export and import procedures  
Progress: Partner States requested for additional information stipulating the regulation to consult the relevant authorities.
Uganda noted that the NTB was vague and requested for clarity.
URT requested that this NTB be clarified to enable internal consultations.
 
NTB-000-703 2.8. Lengthy and costly customs clearance procedures 2015-11-10 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Single Customs Territory (SCT) export documents processing in Tanzania are taking longer up to 10 days to be cleared instead of 3 days.
 
Progress: The 21st EAC NTBs Regional Forum held in Nairobi recommended that URT consults with their National Standing Committee on SCT and report back during the next meeting.

URT reported that there has been improvement and days for processing the documents have reduced. URT requested Kenya to provide specific cases affected by this NTB so as to enable follow-up. It was reported that generally consignments with correct documentation are cleared on time.

However, Kenya reported that the delays are still ongoing. Manufacturers are still being charged exhobitant fees ($300). Kenya submitted evidence of specific cases at the time of reporting the NTB.

Kenya will resubmit the evidences earlier submitted to the Secretariat including new evidence.
 
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