Active complaints

Showing items 1 to 20 of 57
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-000-940 5.14. Restrictive licenses
Policy/Regulatory
2020-01-09 Rwanda: Rwanda FDA Kenya New View
Complaint: The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA

These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive.
 
NTB-000-939 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-10-16 Tanzania: Tanzania Revenue Authority at ICD Kenya Kenya New View
Complaint: Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.

The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy
 
Products: 3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa  
NTB-000-938 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2020-02-08 South Africa: Beit Bridge Zimbabwe In process View
Complaint: Arenel (Pvt) Ltd was incorporated in the Republic of Zimbabwe in 1961. Arenel is manufacturer, seller and distributor of food and beverages with renowned brands in Biscuits and Sweets both locally, SADC Region and beyond. On Saturday, the 8th of February, 2020, our truck was subjected to inspection by Port Health, South Africa. The inspectorate then detained the truck on the premise that the labeling of our products was not complying to regulation No. R146 of 2010. The truck is still detained.  
Progress: 1. On 11 February 2020, ( 12:13hrs) South Africa Focal point advised that they were undertaking consultations with relevant authorities and will report back as soon as possible .
2. On 12 February 2020, the exporter advised that the truck had been released on condition that Port Health officials will collect samples for laboratory testing. However, when the truck arrives in South Africa, the company cannot distribute the consignment until samples are collected by the nearest Port Health Officials for lab tests.
 
Products: 1905.31: Sweet biscuits  
NTB-000-936 2.6. Additional taxes and other charges 2019-11-19 Zambia: Chirundu Zimbabwe In process View
Complaint: Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market  
Progress: On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .  
Products: 6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like.  
NTB-000-935 1.15. Other 2019-12-01 Zimbabwe: Ministry of Industry and Commerce Zambia In process View
Complaint: A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.

BV South Africa has been systemically delaying in the issuance of CoCs by, inter alia, requesting for the same documents by different officers in the company and by responding to emails very late beyond the stipulated period of 48 hours within which the CoCs should be issued. These delays have previously lasted up to 3 or 4 months. Additionally BV South Africa has also delayed the issuance of Certificate of Conformity on products that were initially passed on previous assessments despite there being no change in the production process. This problem is related to clearance for exports destined for Kenya and Zimbabwe.

The actions by BV South Africa constitute a Non-Tariff Barrier and we would like this issue to be resolved expeditiously as the Company has already incurred losses as a result of the unnecessary delays.
 
Progress: 1. On 29 January 2020, South Focal Point advised that the Agreements between Bureau Veritas (BV) South Africa and the various SADC Member States are a private matter. The South African government is not privy to the terms of the arrangements. We will not know whether there are disagreements in the arrangement or the contract has been terminated. The complaint would be better responded to by the governments which have contracted BV to issue the certificates ( the final destination of the goods). Zambia is therefore advised to approach the country/countries that have engaged BV to address the NTB.
2. On 18 February 2020, Bureau Veritas requested the following details to allow them trace the matter:
a)Name of the Exporter and their key contact details.
b)File reference number(s) for the shipment(s) which are alleged to have been delayed. Each shipment inspected by BV has a unique file reference.
c)Any other useful information shedding light on the matter as may be deemed appropriate by this exporter e.g. previous email correspondence between the supplier and BV.
 
NTB-000-934 2.13. Issues related to Pre-Shipment Inspections 2019-05-30 Kenya: Ministry of Industry, Trade & Cooperatives Mauritius New View
Complaint: Under the PVoC (Pre-Shipment Verification of Conformity) program, all regulated products to be imported in Kenya have to undergo verification and testing in the country of supply and a Certificate of Conformity (CoC) has to be issued to demonstrate that they meet the requirements of the applicable national standards or approved equivalents and technical regulations. The CoC is mandatory for customs clearance.

However, all consignments subject to PVoC must obtain the CoC prior to shipment. This is where it becomes a barrier.

As a result of this measure, Mauritian exporters of HS 22071090 have to bear additional time and cost in shipping the products to Kenya.

We are therefore requesting the relevant Kenyan authority to amend its measure so that the Certificate of Conformity be requested upon the arrival of consignment instead of prior to shipment. The procedures to obtain the CoC and the shipment of the products can be done in parallel. By the time the products reach Kenya, the COC will be ready to be submitted at the port of entry.
 
NTB-000-933 7.7. Complex variety of documentation required 2018-10-12 Egypt: Port Said Sea Port Mauritius New View
Complaint: The Egyptian authorities require a number of lengthy and costly documentation for clearance of consignment at customs. The identified cumbersome documentation requirements are as follows:
1. All export documents must be signed and stamped by the exporter's legal representative
2. All export documents must be signed and stamped by the Prime Minister's Office of Mauritius (Apostille requirement)
3. All export documents must be signed and stamped by Ministry of Foreign Affairs of Mauritius (Apostille requirement)
4. All export documents must be signed and stamped by the Egyptian Embassy in Mauritius
5. All export documents must be signed and stamped by the Mauritius Chamber of Commerce and Industry

Some products also require a Certificate of Origin issued by the Mauritius Chamber of Commerce and Industry despite being already accompanied by a COMESA Certificate of Origin.
 
NTB-000-932 8.1. Government Policy and regulations 2019-12-04 Zambia: Ministry of Transport Zimbabwe New View
Complaint: Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.

The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation.
 
NTB-000-931 7.3. Corruption 2019-11-26 Zambia: Mazabuka SADC New View
Complaint: Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete.  
NTB-000-926 7.3. Corruption 2019-11-04 Mozambique: Delegação Aduaneira de Zobwe Malawi In process View
Complaint: Bus travelers are being charged R50 on Zobue and Cuchamano border with Mozambique for passport stamping on Entry and Exit as traders travel by Road.  
NTB-000-925 7.4. Costly procedures 2019-06-03 Tanzania: Namanga & Arusha Kenya In process View
Complaint: TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
 
Progress: During the Sectoral Committee on Trade of 1st January, 2019, the United Republic of Tanzania examined the explanation and evidence provided by the Republic of Kenya and observe the following:
a) Republic of Kenya should not generalize the matter, the evidence provided was related to the company transporting chemicals into Tanzania;
b) Transport permits for chemicals related products are issued once the import permit has been issues
c) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, A transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delayed in issuing the transport permit as it was issued on the same day. It should noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
d) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
e) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7.
 
NTB-000-924 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-01-14 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products Kenya reported that the Juices are still charged 13% excise duty.  
Progress: 1. During the JPC held with Kenya,Uganda stated that this provision in the excise Duty Act is global and not specific to juices coming in from Kenya. This provision is under a law which is considered domestic and the country has a sovereign mandate to make provisions related to internal tax.Uganda however promised to undertake stake holder consultation on the excise duty tax and report by June 2019.
2.The Regional Monitoring Committee held on 15th October, 2019 noted that these are two separate NTBs on Juices and Pharmaceuticals and should be treated separately. The NTB on Juice was referred to the Customs Committee for resolution during the SCTIFI meeting on 10th November, 2018.
On Pharmaceuticals: Kenya and Uganda agreed to resolve the NTB bilaterally as it was agreed by Heads of State. The two Partner States agreed to update the EACS on the progress.
3. During the Regional Monitoring Committee held on 15th October, 2019Uganda informed the meeting that work is ongoing to resolve the NTB and would report back by November, 2019
4.During the Sectoral Committee on Trade that took place on 31st October, 2019 Uganda reported that the two Partner States agreed on how to resolve the NTB on Juice bilaterally and have agreed on the framework for resolution and will consult with the responsible agencies to resolve the NTB as agreed by November, 2019.
 
NTB-000-922 2.13. Issues related to Pre-Shipment Inspections 2019-05-30 Uganda: UNBS Kenya In process View
Complaint: Lack of recognition of online KEBs standardization mark validity.
Delay in release of shipment , increased cost of transportation

UNBS and KEBS to mutually recognize online standardization mark validities/online KEBs certificate to avoid any costly delays.
 
Progress: During the Sectoral Committee on Trade held on 28 October - 1 November 2019, the Republic of Uganda informed the meeting that she will consult and report back during the SCTIFI of November 2019  
NTB-000-921 5.5. Import licensing requirements 2019-04-01 Tanzania: TMDA Kenya In process View
Complaint: TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products.  
Progress: During the Sectoral Committee on Trade held on 28 October - 1 November 2019, United Republic of Tanzania reported that she would consult and report back.  
NTB-000-919 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-09-24 Kenya: Namanga Tanzania In process View
Complaint: Denial of preferential treatment on Labels produced by TP Label limited.  
Progress: The Republic of Kenya informed the Sectoral Committee on Trade held on 28 October - 1 November 2019, she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.  
NTB-000-917 2.9. Issues related to transit fees 2019-10-02 Tanzania: Tanzania Revenue Authority Rwanda In process View
Complaint: Requirement by Tanzania Revenue Authority to Rwandan transporters to use two customs bonds on the Northern-Central Corridor (Kigali-Rusumo-Mombasa via Holili-Taveta border post) costing US$ 150 on departure and US$ 80 on return  
Progress: During the Sectoral Committee of Trade held on 28 October - 1 November 2019, requested Rwanda to always use the Regional Bond. and also requested the EAC Secretariat to submit the NTB to the Committee on Customs for resolution.  
NTB-000-916 3. Technical barriers to trade (TBT)
B14: Authorization requirement for TBT reasons
2019-10-02 Tanzania: Government Chemist Laboratory Authority. Rwanda New View
Complaint: Requirement by United Republic of Tanzania to transit trucks carrying chemicals to have export and transport chemical permits. Trucks are charged US$ 1 per ton and in most cases arbitrary charges which are imposed to transit vehicles only. The amount is applied to the entire container weight regardless of the weight of the other non-chemical products being transported in the container. Permits are difficult to obtain during week-ends and original copies are required at the border creating further delays  
Progress: During the Sectoral Committee on Trade held on 1st November, 2019, the United republic of Tanzania informed the meeting, this is legal requirements according to Industrial Chemicals and Consumers (Management and Control) ACT No. 3 of 2003 and its regulations of 2015, Any Individual or Companies that in one way or another they are dealing with chemicals (Importation, transportation, use, export, distribution and manufacture and disposal of chemicals) in the URT they are required to be registered by the registrar of chemicals (GCLA) and obtain a chemical permit. These permit are free and obtained online
It is not true that the URT (GCLA) is charging the FOB of the whole container containing small amount of chemicals, the problem is the importers and or exporter of chemicals they have one invoice with the FOB summed up for all the items in the container and when they are asked to bring the FOB breakdown and even or to bring the clarifications from the suppliers and or manufacture they don’t do that and instead they are preferring to use the FOB with no breakdown.
To address those issues and following the meeting which was held on Kigali on the 10th September, 2019 between Tanzania and Rwanda it was agreed that there will be a meeting between Tanzania and Rwanda at Rusumo border and among other things issues related to chemicals will also be discussed.
 
NTB-000-912 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-09-10 Burundi: Bujumbura Port Tanzania In process View
Complaint: Republic of Burundi has denied preferential treatment of MS -Plate (Iron sheet) produced by ALAF Company in Tanzania.  
Progress: During the meeting of Committee on Trade held on 28 October - 1 November 2019, Republic of Burundi reported that she is still consulting on the evidence given.  
NTB-000-911 8.1. Government Policy and regulations
Policy/Regulatory
2019-10-15 Zambia: All Zambia Weighbridges Zimbabwe In process View
Complaint: Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country.  
Progress: 1.On 17 October 2019, Zambia Focal Point reported that they were following up on the matter and would provide feedback as soon as possible  
NTB-000-910 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-08-28 Rwanda: Rusumo Tanzania In process View
Complaint: The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania.  
Progress: The Republic of Rwanda informed the Sectoral Committee meeting held on 28 October - 1 November 2019, she sent a letter to Tanzania to request for a verification mission paints manufactured by Silk coat.Tanzania took note of the request by Rwanda and agreed to report back.  
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