Active complaints

Showing items 1 to 20 of 81
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
Check allUncheck all
Date of incident Location
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status
Actions
NTB-001-067 8.6. Vehicle standards 2022-04-15 Kenya: Kenya New View
Complaint: Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs.  
NTB-001-066 2022-01-01 Mozambique: Delegação Aduaneira de Ressano Garcia (Road) Mozambique New View
Complaint: Introduction by Autoridade Tributária de Moçambique of a SINGLE ENTRY Temporary Import Permit (TIP) at a cost of MZN700, which is currently processed manually for the majority of vehicles at Ressano Garcia's KM4 facility.
The costs are prohibitive for companies moving transit cargo from South Africa to the Port of Maputo, with 15 loads per week per vehicle a common achievement. In addition, the delays experienced by the manual processing of the TIP document adds significant cost on account of the waiting time that drivers are subjected to. The Port of Maputo has collaborated with Customs in Mozambique to collect electronic payments for the TIPs, but so far only 10 companies have taken up the use of the facility. Even those companies registered on the Port's electronic system are not guaranteed speedy processing, and delays are still experienced by drivers as they still have to queue to collect the TIP document. Electronic payments should take precedent over manual payments, but in reality this is not the case. It is common knowledge that a R50 bribe will speed up the processing of the TIP document.
The SADC Protocol on Trade is clear in its reference to the removal of tariffs and non tariff barriers. At this point, the TIP cost to one company moving 180 trucks per month, is in excess of R1,4million ZAR or USD88,000. The manual processing compromises the integrity of the system and the costs directly impact the competitiveness of the trade route for imports and transit imports into Mozambique.
With the push towards the harmonization of regulations within the SADC and TRIPARTITE region, the TIP process should be harmonized with that of South Africa which has a multiple entry TIP valid for 6 months and is processed at no cost to the user.
 
NTB-001-065 5.3. Export taxes 2022-04-01 Botswana: Ministry of Finance South Africa New View
Complaint: Botswana government is about to introduce the Tax Stamps on all imported products and that would affect the South African Wine Industry. The Tax Stamp imposition has been confirmed by the Botswana Minister of Finance and they have appointed the Service Provide that would conduct a Research.  
NTB-001-064 8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) 2022-03-24 Zambia: Mokambo Border to Mfulira Road Zimbabwe New View
Complaint: The Mokambo Border to Mfulira road has become impassable with trucks getting stuck in the mud and being damaged as a result of the poor road condition  
NTB-001-063 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2022-03-24 Zambia: Kasumbalesa Zimbabwe New View
Complaint: There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 .  
NTB-001-062 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2022-03-22 South Africa: Beit Bridge Zimbabwe New View
Complaint: Our Company is experiencing discretional acceptance of labelling of Arenel sweets by Port Health South Africa. We export jelly sweets among other products to the Republic of South Africa and our packaging has a sticker written “Jelly Babies” and does not state the word “Sweets”. The majority of sweets sold in the importing country (RSA) have similar packaging. On the 22nd of March 2022 our truck was stopped by Port Health South Africa at Beitbridge Border Post and the officials demanded that our truck return to Zimbabwe with the full load because the product labelling does not conform to the importing country`s labelling requirements. It seems there is no uniformity in the Port Health officials at Beit Bridge Border Posts are accepting labelling requirements for sweets entering RSA.  
NTB-001-061 2.6. Additional taxes and other charges
Policy/Regulatory
2021-12-28 Uganda New View
Complaint: Republic of South Sudan is imposing a digital border security Control Tag of 100 USD and a control fee of 30 USD at every entry or exit.  
NTB-001-060 1.8. Import bans
Policy/Regulatory
2022-02-16 Uganda New View
Complaint: Prohibition of Sale of alcohol packed in 200ml containers and confiscation of products by CID and Local government Authorities.This is affecting only imported beverages.No Communication has been received on change of regulatory framework governing packaging of alcoholic drinks.  
NTB-001-059 7.10. Other 2017-03-07 South Africa: Botswana New View
Complaint: A Botswana based company, MOTOVAC reporting challenges is struggling to get payment of its Value Added Tax (VAT) import refunds from the South African Revenue Services (SARS) in time. It is reported, VAT refunds are not processed by SARS. The outstanding payments date back as far as 2017 with the company owed BWP 3,528,278.07 in VAT refunds by SARS.

 
NTB-001-058 2.3. Issues related to the rules of origin 2022-03-12 Madagascar: Egypt Revenue Authority Egypt New View
Complaint: Our Egyptian customs reject to apply the COMESA certificate of origin attached because the signature is different.
We request COMESA to check the attached received from the shipper and inform us how we can handle this matter.
 
NTB-001-050 8.8. Issues related to transit 2022-02-14 Tanzania: Tunduma Zambia New View
Complaint: There is a disruption in the flow of trade/transit at Nakonde/Tunduma border post due to a protest by transporters in Tanzania who are not moving cargo across the border. This has affected the movement of goods both into Zambia and Tanzania and has resulted in increased congestion on both sides of the border. Considering the important role the Nakonde/Tunduma border post plays along the transport corridor, any further delays resulting from the protests will significantly disadvantage all stakeholders within the region in terms of revenue and costs. This will ultimately have a negative effect on the consumer welfare in the countries and the region at large. It is therefore imperative that the present impasse is resolved as a matter of urgency.  
NTB-001-048 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2022-01-03 Tanzania: Standards Authority South Africa New View
Complaint: Vague Labelling requirement "Statutory Warning" Clause 12 (k), rejection of the UK Chief Medical Warning which is accepted in other African countries such as Uganda, Kenya without any objection in addition to their requirement.  
Progress: The stakeholder consultative meeting organized by the SADC Business Council which was attended by the concerned parties from South Africa and Tanzania and SADC Secretariat on 7 march 2022, agreed that the UK Chief Medical Officers Guidelines labelling should be retained (The UK Chief Medical Officers recommend adult do not regularly drink more than 14 units per week) provided that the Wine producer affixes an additional sticker which covers all missing information on the product package.
The additional sticker (label) should be legibly and indelibly marked.
The additional sticker should be submitted to the Tanzania Bureau of Standards for approval accompanied by the declaration letter from the Manufacturer stating that additional label originating from them and products imported in Tanzania will be labelled as such.
 
NTB-001-047 8.8. Issues related to transit 2021-12-01 Kenya: Mombasa sea port New View
Complaint: On 4th December Juba Trades Union reported challenges in clearing their consignment at Mombasa Port due to new regulations, which is not clear to them at the time they getting their goods for the holiday season, the complain of challenges with the new introduce system including the payment which is not clearly justified or oriented to the stakeholders, clearing process at Mombasa come to stop and goods stop flowing to Nimule border of South Sudan, South Sudan National Chamber of Commerce reported the concern to the Ministry of Trade and Industry indicating the impact of the measure on the market prices and lack of goods if no action is taken considering its a holiday season. traders are losing by been charge demurrages at port and arrival of the goods after the season. The Ministry of trade took action by canceling the Certificate of Destination to allow the flow of goods to the county, However the action was not honored by the RSS Customs office in Mombasa, reported by Kenya International Freight & Warehousing Association (KIFWA), National Chamber did meet with the RSS Minister of Finance to look at the matter and he promise to communicate to the Revenue Authority since he is not aware of the new regulation and the charges imposed. With the mounting pressure from the stakeholders National Revenue Authority send a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted and the Minister of trade order is to be honored as per NRA letter, lastly on 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50 Charges not those mention on the Certificate of Destination Chagres below:-
1- 40ft Container $400
2- 20ft Container $365
3- Vehicle 4x4 $365
4- Regular Vehicle $300
5- All UN Consignment $365
6- Loose cargo $250

The main challenge traders have face is lack of coordination between different institutions and the partner states when introducing new regulations or policies, this current measure is not official resolved by Customs Division of NRA. we hope Kenya and South Sudan should address it to assure its traders they are on regional integration and the free movement of goods and people are a true. Engagement of stakeholders is a key in success of any measure introduce by the government
 
NTB-001-046 8.8. Issues related to transit 2021-12-03 Uganda: Malaba New View
Complaint: On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
 
NTB-001-045 2021-11-22 Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. New View
Complaint: The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union.  
NTB-001-044 1.15. Other 2021-12-03 Uganda: Malaba Kenya New View
Complaint: Uganda Revenue Authority has introduced a mandatory requirement for import certificate for export and transit cargo to DRC and South Sudan.

This requirement is causing delays to transit cargo to Congo and Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf. This negatively affects export business.
 
NTB-001-040 2.3. Issues related to the rules of origin 2021-10-14 Tanzania: URT TRA Kenya In process View
Complaint: Tanzania denial of preferential market access for Apple Juice and Strawberry manufactured in Kenya while citing reasons that the products are not originating from Kenya. URT delayed the shipment instead of facilitating clearance as is required by the protocal and the EAC Rules of Origin then follow the process of reporting the matter to the secretariat for action/guidance.  
Progress: On 02May 2022, URT Focal Point reported that: Based with conclusion from Verification report done from 15-27 July 2019, concluded that, Juices manufactured using fruit concentrated sourced locally qualify for preferential treatment under Rule 4 (1) (a). On juices manufactured using non originating concentrate the team had divergent views on how to calculate the weight of non originating material (concentrate) while considering the provision of Rule 6(1)(a). I suggest our officers (Tanzania Revenue Authority) based in Nairobi to visit the industry to verify and advise accordingly  
NTB-001-038 6.5. Variable levies 2021-10-10 Tanzania: Tanzania Revenue Authority Kenya New View
Complaint: Tanzania is charging FULL CET, RDL among other levies on Kenyan wholly produced cement despite the Verification Report recommending that products qualify should be accorded preferential treatment

Additionally, despite URT commitment in the Bilateral and SCTIFI that URT grants preferential treatment to wholly produced cement as required by the EAC rules of Origin, URT is still charging duties of 35%. This is despite Tanzania not being under any stay of application.

Kenya urges Tanzania to accord preferential treatment to Kenya wholly produced cement as per the verification findings and recommendation and URT commitment on facilitation of trade.
 
NTB-001-037 1.7. Discriminatory or flawed government procurement policies 2018-03-01 Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES Kenya In process View
Complaint: Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.

Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.

URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.

This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
 
Progress: 1 . Status as at 30 March 2022
During the 7th Bilateral Meeting held on 9th - 12th March 2022 in Zanzibar, Tanzania. In their deliberations, Kenya emphasized the need to undertake risk assessment before imposition of the ban. Further, notification was not done as required by WTO SPS agreement. Kenya in addition urged URT to lift the ban since there is no reported outbreak of HPAI in Kenya. URT attributed this ban to the high prevalence of HPAI around the globe and the OIE alert. URT considers the issue not to be an NTB. The two parties agreed that the competent authorities in the two countries to resolve the issue administratively and report in the next meeting
 
NTB-001-031 2.6. Additional taxes and other charges 2021-06-30 Kenya: Egypt New View
Complaint: The Kenyan Government, through the Finance Act 2021, introduced a new Excise Duty on imported pasta of tariff 1902 whether cooked or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared, at
the rate of 20%. This Excise Duty is to be levied at the point of importation and is effective from 1st July 2021.

• Excise Duty is a tax imposed on goods and services manufactured in Kenya or imported into Kenya and specified in the first schedule of the Excise Duty Act (2015). This is usually considered on luxury products such as Alcohol, Fuel, Chocolates, Airtime, etc…

• Excise Duty is different from Customs Duty (imposition of tax on imports to protect local industries) Imposition of this new Excise Duty came as a surprise to us since it was not part of the Finance Bill 2021 that had been tabled before the Kenyan Parliament and was only introduced as a new amendment to the Bill on 24 June 2021 at the second reading stage, in Parliament.

• The Kenyan Constitution as well as the Public Finance Management Act requires that the Kenyan Government to call for public participation on the Finance Bill before amendment of tax laws through the enactment of the Finance Act. Unfortunately, this was not done in this case since the amendment introducing the Excise Duty was done way after public participation on the Bill had taken place.
 
<< Previous 1 2 3 4 5