Active complaints

Showing items 21 to 40 of 125
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 (additional)
COMESA
EAC
SADC
Status
 Actions
NTB-000-830 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-07-16 Botswana: Martins Drift Zambia In process View
Complaint: A Zambian Registered Tanker carrying sulphuric acid from South Africa was weighed at the Martins Drift weighbridge with the following axle masses: Steer axle - 5200 kg (legal limit 8000 kg); Drive axles - 18200 kg (legal limit 18000 kg); Trailing axles - 22800 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 900 kg on the driving axle set. The weigh bridge official instructed the Driver to Park telling him that his driving axle was overloaded without the application of the 5% tolerance. It is observed that only at this weigh bridge there is no application of the 5% tolerance. In the spirit of harmonization South Africa, Zambia and Botswana the legal limits are the same with a 5% tolerance except at Martins Drift weighbridge. Kindly assist to resolve this issue at Martins Drift which is causing unnecessary loss of transit time and charges. Please note that this is not a one off incidence.  
Progress: 1. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that SADC has set up a Task Force to look into this matter among other NTBs.
2. On 22nd June 2020, Botswana Focal Point reported that they have contacted the relevant institution and they stated that they are still investigating on the matter and will give their feedback sometime during week 30 June - 4 July 2020 		 
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-000-982 1.4. Preference given to domestic bidders/suppliers 2020-08-24 Botswana: Ministry of Trade and Industry Zimbabwe In process View
Complaint: On 24 August 2020, Botswana’s Ministry of Investment, Trade and Industry released a statement that the country would be restricting the importation of baked goods. This will affect products such as pastries, cookies, muffins and other products derived from some form of grain.
The statement was supported by S.I 102 of 2020. The Botswana’s Ministry of Investment, Trade and Industry highlighted that the move is meant to protect the domestic producers. 		 
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: 1. 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 .
2.During the Zambia NMC verification mission to Chirundu held on 11-12 June 2020, ZRA advised that the surtax is Customs Valuation matter and hence a tariff matter and not an NTB. With regard to the problem of customs the uplifting values for duty purposes and disregarding the invoice value , the client is advised to appeal to department of International and Policy to have the valuation matter reviewed and possibly resolved
3. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021 Zambia reported that the NTB is a tax policy issue and internal consultations with relevant authorities were in progress and they will provide feed back by July 2021.
4. In September 2022, Zambia Focal Point reported that Surtax on imported tiles was a tax policy issue that was presented to the Ministry of Finance for resolution. On the issue of uplifts on the declared values of the imported tiles, the Zambian law provides a channel for aggrieved clients to appeal.
5. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries to hold a bilateral meeting to consider the matter by 31st October 2023.
6. During the NTBs workshop 17th – 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss the additional taxes.
7. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
Products: 6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like.  
NTB-000-953 7.4. Costly procedures 2020-04-11 Namibia In process View
Complaint: At Katima Mulilo border post between the Republic of Namibia and the Republic of Zambia, Zambian Authorities/ Command centres, specifically the Zambia Police Service and the Ministry of Health Officials stationed at Katima Mulilo border post from the Provincial Administration in Western Province tasked to screen truck drivers at the border post, are charging Namibian transporters and truck drivers to meet logistical costs of escorting their respective quarantined truck drivers to Kazungula, Livingstone, Lusaka and Kasumbalesa transits especially perishables and other essential commodities such as medicines, clearly at variance with World Customs Organisation (WCO) and World Trade Organisation (WTO) Protocols on Trade, destined for the Republic of Zambia and the Democratic Republic of Congo via the Walvis Bay - Ndola - Lubumbashi Development Corridor (Namibia, Zambia, DRC). In the Republic of Zambia and other SADC Member states, and in line with World Health Organisation (WHO) Public Health Protocols, screening, testing and quarantining of truck drivers for covid - 19 are State operations and are at variance with the agreed SADC Guidelines on Harmonisation and Facilitation of Cross Border Transport Operations during the covid - 19 outbreak. This is an added cost of doing business, unnecessary cross border delays without prior notification to transporters and a Non - Tariff Barrier to Trade.

This is unprecedented, Namibian transporters are being charged as much as K800 for each Police Officer for at least 3 days and each convoy of trucks has at least 3 Police officers. The cost is meant to cover lodging and subsistence allowance for the officers.

This is an encumbrance to trade, against the SADC Guidelines on movement of goods and services in the region amid covid - 19 and adds to the cost of doing business, against WCO, WTO, and WHO best practices on global trade facilitation and Public Health. 		 
NTB-000-970 2.4. Import licensing 2020-07-01 Zambia: Ministry of Agriculture Egypt In process View
Complaint: We want to import 100% Egyptian Made wheat flour in Zambia, but we are not given permission to import. We have placed several requested to allow us to import, but there are no responses to our application and no reply to our emails. Kindly please Help us. I need a confirmed and authorized approval from Zambian authority to allow us to import wheat flour. Some people say just bring it and have the correct comesa certificate of origin and submit at the time of customs clearance, but thats a gamble, our goods worth more than 200000$ we cannot take risk. I want to import only after having a clear official approval.  
Progress: 1. On 25 March 2021, Zambia Focal Point reported that this issue is currently being resolved. Dialogue with relevant stakeholders to resolve via import parity is underway.
2. On 30 July 2021, Zambia Focal Point reported that the exporter was advised to visit the Zambia Trade Information Portal for details on the export of wheat to Zambia using the following link:
https://www.zambiatradeportal.gov.zm/index.php?r=tradeInfo/view&id=7439 .Further information from can also be obtained from the Director, Agribusiness and Marketing department on +0211 250417. The email address is as follows: yoanness18@yahoo.co.uk or peter.zulu2@gmail.com.
2. On 6 September 2023, Egypt Focal Point reported that they tried to communicate with the contacts provided by Zambia focal point, and as per the feedback of the concerned exporter. However, " NO emails are responded to. The Ministry of Agriculture, say it's not allowed to import wheat flour."
3. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries should conduct a bilateral meeting to review the matter by 30th November. Consultations between the Focal Points and NMC to continue using the online system and that Zambia to provide feedback regarding the ban of wheat imports in the online .
4. During the NTBs workshop 17 -19 April 2024, Egypt NFP reported that they were willing to hold a bilateral meeting with Zambia MNC in case Zambia NFP did not upload the national authority decree No. 24 of the year 2024 by end of April 2024.
5. During a virtual bilateral meeting between the two Member States held on 24th September 2024, it was agreed that in the immediate term, Zambia to conduct consultative meetings to ascertain the possibility of having the ban lifted or have the wheat import window extended in accordance with the Control of Goods Order of 2009.
6. On 6 January 2025, Egypt wrote to the Secretary General to advise that the Egyptian wheat exporter is still experiencing the same problem even after the validity of the SI of 24 April 2024 had expired on 30 August 2024. They request Zmbia Focal Point to make follow up and facilitate Egypt exportation of wheta flour into Zambia.
7. During a bilateral meeting held on the 4th June 2025, the two Member States received the following updates:
i. Zambia informed the meeting that the ban had been lifted temporarily.
ii. Exporter from Egypt reported challenges in completing online registration of their company in the ZRA ASYCUDA System.
iii. Zambia to continue, in the immediate term, to conduct consultation with the relevant Ministry on the issue of the timelines to have the prohibition lifted or possible extension by October 2025.
iv. Zambia will, in the long term, consider a comprehensive review of the measure, which was initially imposed to protect infant industry, to assess its justification and subsequently communicate the outcomes to Egypt in due course by 1st quarter 2026.
v. Egypt to share the wheat imports statistics from the affected companies as evidence that they are utilizing the open window period to inform Zambia’s consultation with the relevant Ministry on the impact of the measure by October 2025. 		 
NTB-000-987 8.7. Costly Road user charges /fees 2020-09-26 Zambia: Kazungula Ferry Botswana In process View
Complaint: Zambia Road Transport and Safety Agency (RTSA)charges Botswana trucks 541 US Dollars per each entry into Zambia, while other SADC Countries are charged per distance. South Africa trucks are charged 110 US Dollars from Kazungula Ferry to Lusaka, Namibia trucks are charged a fixed 209 US Dollars per truck anywhere into Zambia. Zimbabwe and Tanzania pay a the same as South Africa.

Botswana trucks again have to pay RTSA K469 for identity cards per unit which becomes costly for Botswana truckers while other SADC Countries do not pay for identity cards. As Esmail Carriers (PTY) LTD we have 12 trucks that are crossing into Zambia and this has been going on for over 8 years. Per trip we spend more than P6765 per truck and per month the cumulative costs amount to more than P80 000.00 (RTSA charges). For identity cards is about P12 600.00 per month. Furthermore, Zambia has introduced new inland road tolls which we are paying in addition to existing charges.

This has become detrimental to our business as we lose more revenue on a daily basis. We currently request the Zambia government, Botswana government and SADC Secretariat to resolve this issue. 		 
Progress: On 8th December 2020, Zambia Focal point reported that they were making follow up with the Road Transport and Safety Agency ( RTSA) and provide feedback as soon as possible.  
NTB-001-092 2.6. Additional taxes and other charges 2022-12-01 Uganda: Uganda Revenue Authority Egypt In process View
Complaint: Egypt has received a complaint from one of our exporters who also intends to invest in Uganda and establish a manufacturing plant of the products ( processed food products ) he is currently exporting to Uganda and the importing company is “ Afromarket King – Imports &Exports LTD” . The complaint is concerned with the imposition of high taxes and duties , in addition to top ups on exported goods by Egypt of processed food in specific the following HS codes including :
200990 210330
210320 210390
210390 210320
210690 210390

The incident of imposing high tax , duty values and top ups has been repeated on two separate occasions:

1- On Entry no. C116891: (latest incident )

A consignment of foodstuff (Ketchup and BBQ sauce HS codes : 2103200010; 2103900090) of a value of USD 5672.64 (five thousand six hundred seventy two dollars and sixty four cents ) was subjected to very high values of tax and duty of UGX 25,979,379 which was paid on 1/12/2022. However, before the goods were released a top up of UGX 18,508,223,57 was imposed ( still not paid ) .
This shipment has not enjoyed the COMESA preferential rates , despite the fact it is accompanied by a COMESA certificate .

2- ON ENTRY NUMBER C58313 AND C58340 : (earlier incident)
The first assessment for both the entries was for C 58313 amounting to 14,351,118 with a delivery terms F.O.B and C 58340 amounting to 9,272,169shs with a delivery term CIF , that is a total of 23,623,287shs. Despite the amount was too much the importing company paid off the tax( paid on 18/6/2022, it was also noted to him that this high valuation was a mistake made by the clearing agent according to the officer. It is worth mentioning that the total value of goods in both entries was USD 3982 (three thousand and nine hundred eighty two US dollars).

After clearing all dues, a top up of 38,755,713shs was imposed, delaying the release of the goods. Yet, the importing company paid the top up amount to release the goods on 2/7/2022.
The reasons given at the time for the top up:
i. Alternative values had to be used as the primary method of determining the customs value of imported goods.
ii. As stated by the officer, “the information availed to customs shows that we are first-time importer of the assorted goods from Egypt. The sales contract No: UG-001 of 10/03/2022 indicates payment terms of 60days from Bill of Lading date. They wondered how the supplier can allow such terms to a first time buyer without a letter of credit or a bank guarantee”. It is worth mentioning that the importing company has a manufacturing all these food stuff in Egypt.

Furthermore, despite the fact that the importer submitted a COMESA certificate to qualify for the COMESA rates he was informed that goods don’t qualify for COMESA since they are sensitive products being manufactured by the local communities.
Having reviewed the Circulation of Uganda’s current Sensitive List to COMESA Member STATES(attached), it is evident that none of those products are in the sensitive list except for nectar juices (HS code 200990) which are subject to the EAC common external tariff of 35%.

It is worth mentioning that on the two occasions of the above mentioned cases “ Afromarket King – Imports &Exports LTD” made an Appeal to the Assistant Commissioner Trade , Uganda Revenue Authority , Head Office. Yet, no reply was received to date.
In light of the above , Egypt respectfully requests that the Ministry of Trade ,Industry &Cooperatives acting as the Focal point of Uganda looks into the reasons of imposing such high taxes and duties in addition to top ups , in coordination with Uganda Revenue Authority . The imposition of such high taxes , duties and top ups have the effect of discouraging new Egyptian exporters and investors from accessing Uganda’s market.
Egypt is looking forward to the explanation and clarifications of the Ministry of Trade, Industry & Cooperatives , as soon as possible, with respect to the taxes , duties and top ups noting that the first case consignment Entry no. C116891 (latest incident ) is not released yet and pending the payment of the top-up which is unjustifiable in Egypt's view .

 
Progress: 1. During the consultations held during the 12th TWG on TBT-SPS- NTBs , Uganda and Egypt Focal Points agreed to organise a bilateral consultative meeting between the Focal Points , Revenue Authorities and affected companies on Tuesday 24th Januray 2023
2. A bilateral meeting between the two countries was held on 1st Feb. 2023 where it was observed that Uganda Revenue Revenue Authority had not granted preferential treatment to the goods in accordance with COMESA rules
and therefore charged the high duties . In that regard, the meeting agreed, among other things, that Uganda provides the sensitive list of products exempted from receiving preferential treatment by 3rd Feb. 2023 to establish if the affected products were on the sensitive list of products or not. Subsequently, the Secretariat uploaded onto the online system the following documents forwarded by Uganda to the Secretary General:
a. EAC CET 2017
b. Finance Act 2014 and
c. Uganda Finance Bill 2016
3. The Secretariat convened a stakeholders bilateral consultative meeting to take place on 22 August 2023. However the meeting could not take place because stakeholders from Uganda were not available.
4. During the 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023 , it was agreed that this NTB will be considered resolved subject to Uganda providing evidence in the online platform of the following : .
i. The sensitive list has been revised and goods from Egypt are granted COMESA preferencies ;
ii. URA is applying valuation for the goods in according to the WTO rules;
iii. The process to refund duties and other charges has commenced and the client was officially notified accordingly; and
iv. Uganda to share the revised sensitive list and also evidence on communication to client.
5. During the NTBs workshop 17th - 19th April 2024 in Nairobi, it was agreed that Uganda to upload sensitive list of products by 30th April 2024. Further, Uganda is requested to inform Egypt whether or not the refund to the Egyptian exporter has been paid by 30th April 2024.
6. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, the following updates were received:
i. Egypt requested Uganda to provide an update regarding the refund to the importer, however Uganda did not provide an update at the time.
ii. With regards to the updated Sensitive List, the Secretariat sent Uganda a reminder email to submit the updated list as per the decision by the 45th Meeting of the Council of Ministers. 		 
NTB-001-203 2.6. Additional taxes and other charges
Policy/Regulatory 		2023-04-12 Malawi: Malawi Revenue Authority Zambia In process View
Complaint: Malawi Laundry & confectionary imports into Zambia are levied MK20,000 to MK25,000 per invoice, where
Zambian products going to Malawi are charged with 13-27% (MBS, Surcharge, Excise duty). 		 
Progress: 1. NFPs for the two countries to hold bilateral meeting by August 2024. This issue was also discussed during bilateral meeting held in Addis Ababa at the 4th NTBs Forum . Malawi to report progress from internal consultations.
2. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the export subsidies is still implemented. However, Malawi did not provide an update on the status of the NTB. 		 
NTB-001-108 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. 		2023-05-02 Kenya: Kenya Bureau of Standards South Africa In process View
Complaint: A South African Exporter has reported that the Kenyan authorities have issued notification on new requirements for exporters and importers to record all trademarks in aid to protect intellectual properties and prevent importation of counterfeit goods into Kenya under the Anti-Counterfeit Act, No. 13 of 2008. This requirement, while it is , has cost implications to the Wine industry of South Africa who have to incur additional costs to enforce it. Further, it is not clear how it will work in practice or how it will be managed especially that applications are done on line and that the registration has 1 year validity, after which it has to be renewed annually.The cost to record is estimated at USD25 000 for the Brands exported to Kenya. The exporters also have the same products analyzed by ISO 17025 labs and pay USD265 per container to confirm full compliance.

The Exporter is of the view that whenever products are to be exported, are certified by SGS as to who the proprietors of the products are. The annual required registration would result in increased cost of the products. 		 
NTB-001-028 2.3. Issues related to the rules of origin 2021-09-07 South Africa: SARS Mauritius In process View
Complaint: On 6 September 2021, the SADC Business Council convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges in the application for SADC for export to South Africa. Mauritian exporters need to make a fresh application to customs each and every time they export to South Africa even if the manufacturing process remains the same and same materials are used. They need to resubmit all documents (raw material import documents, BOE, Stock movement statement etc) at each shipment. This is time consuming and complicates export procedures. It also put exporters at risk if they don’t get the certificate or it is delayed and the goods have already been produced.

Mauritian exporters request the region's policy makers to develop a longer certificate of origin that can be used repeatedly for similar shipments. And may be a yearly review/assessment by Customs for renewal 		 
Progress: 1. On 11 October 2021, Mauritius reported that:
The processing and submission of preferential certificates of origin are effected electronically and are issued on a consignment basis in compliance with SADC Protocol on Trade and Section 14(4) of the SADC Rules of Origin Regulations. Our national legislation is in line with the former. The proposal to develop a longer certificate of origin that can be used repeatedly for similar shipments should be addressed to the proper organ of SADC
2. On 20 October 2021, South Africa Focal Point provided following feedback from SARs:
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
3. On 12 May 2022, South Africa Focal Point recommended that the NTB be considered resolved on the basis of above .
4.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. 		 
NTB-001-118 8.7. Costly Road user charges /fees 2023-05-16 Democratic Republic of the Congo: Mitaka, Lualaba province Democratic republic of Congo Namibia In process View
Complaint: DRC authorities in Mutaka, Lualaba province are charging 100 United states dollars for scanning each commercial truck loaded with cargo.

Cumbersome barriers, lengthy procedures have caused unprecedented congestion of hundreds of trucks in Mutaka area.

Truck drivers no sanitation, no wellness facilities, power security. One truck driver died in his truck on the due to Kasumbalesa border. 		 
Progress: 1. On 22 May 2023, DRC Focal Point reported that the complaint had just been submitted to the competent service (Ministry of Foreign Trade) and that investigations would be undertaken as soon as possible for resolution.  
NTB-001-029 2.3. Issues related to the rules of origin 2021-09-07 South Africa: South Africa Revenue Services ( SARS) Mauritius In process View
Complaint: On 6 September 2021, the SADC Business Council convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges in the application for SADC for export to South Africa. Mauritian exporters need to make a fresh application to customs each and every time they export to South Africa even if the manufacturing process remains the same and same materials are used. They need to resubmit all documents (raw material import documents, BOE, Stock movement statement etc) at each shipment. This is time consuming and complicates export procedures. It also put exporters at risk if they don’t get the certificate or it is delayed and the goods have already been produced.

Mauritian exporters request the region's policy makers to develop a longer certificate of origin that can be used repeatedly for similar shipments. And may be a yearly review/assessment by Customs for renewal 		 
Progress: 1. On 12 May 2022, South Africa Focal Point provided the response by SARS below and recommended that the NTB be resolved on that basis:
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
Therefore, this matter should be marked as resolved
2.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. 		 
NTB-001-127 8.8. Issues related to transit 2023-07-25 Mozambique: Beira Route Malawi In process View
Complaint: Professional Drivers Union in Malawi are concerned with reduced transit limit time to 21hrs by Mozambique - Initially the transit time was 72hrs. This change brings about healthy and safety concern to drivers. Drivers are concerned on road conditions, mechanical faults and time to rest on the road which makes it difficult to meet this newly set time limit. They opt for the 72hrs as it were because this time limit gave an allowance to delays encountered in transit and it was good for safe driving.  
NTB-001-030 2.3. Issues related to the rules of origin 2021-08-17 South Africa: SARS Customs Mauritius In process View
Complaint: On 6 September 2021, the SADC Business Council (SADC BC) convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges with variances in alignment of HS codes between Mauritius and South Africa(RSA).

1. …For exports from Mauritius to RSA, where a SADC is applicable, an exporter can insert 10 HS CODES on one SADC certificate. This is because the SADC certificate has now become electronic while before it was manual.
2. When it was manual, if someone had a nice handwriting, the person could insert more than 10 HS CODES as long as it legible.
3. When importing from RSA, Mauritian importers receive SADC certificates with 1 HS CODE only. Meaning RSA issues SADC certificates with ONE Line HS code only.
4. Thus if a Mauritian exporter is sending 10 different items to RSA and SADC is applicable, only one SADC certificate will be issued by Mauritian Revenue Authourity CUSTOMS.
5. On the other hand, if a SOUTH AFRICAN exporter sends only 3 different items to Mauritius, and of course SADC is applicable, SARS will issue THREE sadc certificates.
6. IMPORTANT TO NOTE THAT: SADC certificates are payable at both ends. Meaning a local broker will charge an exporter when issuing a SADC certificate and SARS will charge a SOUTH AFRICAN exporter when issuing on their side.

If a Mauritian exporter has 18 ITEMS to be exported out of Mauritius and a SADC certificate is applicable, he/she will have to have TWO SADC certificates only WHILE on the other hand, if a Mauritian imports 18 ITEMS from RSA, he/she will have 18 SADC certificates with each certificate obtained at a cost which represents a huge amount for the one who pays for these certificates. 		 
Progress: 1. On 11 October 2021, Mauritius Focal Point reported that: HS Codes are harmonized at 6 digit level internationally. However, at national level, as from 7th digit onwards, each Customs administration under the SADC are using their nationally-defined HS Codes. With respect to paragraph 6, it is to be noted that the SADC Certificate of Origin are processed electronically for multiple items (up to 10 items per certificate) and are issued by the MRA Customs Department in hard copy, free of charge.
2. On 12 May 2022, South Africa Focal Point provided following feedback from SARS and recommended that the NTB be resolved on those basis :
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
Therefore, this matter should be marked as resolved
3.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. 		 
NTB-001-031 2.6. Additional taxes and other charges 2021-06-30 Kenya: Kenya Revenue Authority Egypt In process 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. 		 
Progress: 1. On 8th August 2023, Kenya Focal Point reported that the finance bill of 2023 undergone through the public participation and through the Parliament and that Excise duty on Pasta is not discriminatory as per section 43 (iv) that underwent through parliament process and public participation process.
2. During the 3rd Meeting of the NTBs Forum, Egypt reported that the excise duty on pasta , although it was not applied indiscriminately, affected trade as the rate was very high . The meeting therefore agreed that the NTB be reinstated . Kenya responded that duty on pasta is not discriminatory therefore resolved in the system . Kenya to submit proof that excise duty is imposed on both locally and imported goods. It was agreed that Kenya to arrange bilateral meeting with Egypt to address the issues raised by Egypt.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution.
4. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. 		 
NTB-001-070 1.7. Discriminatory or flawed government procurement policies 2022-06-30 Tanzania: Namanga Kenya In process View
Complaint: URT charging Kenya an import discriminatory Excise Duty introduced vide URT Finance Act 2022. Additionally, some consignments are discriminatively subjected to Tsh.1000/kg not anywhere in the URT Finance Act 2022. The same excise duty is not applicable to the same or like products produced in URT hence creating unfair competition between the Partners States Originating products.  
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. 
Section 2 of the East African Community Customs Management Act, 2004 defines import as to bring or cause to be brought into the Partner States from a foreign country, and export as to take or cause to be taken out of Partner States. Accordingly, Article 8 of the Treaty for Establishment of East African Community, EAC Community Laws take precedence over similar national laws on matters pertaining to the implementation of the Treaty 		 
Progress: 1. During the Regional NTBs Forum,URT informed the meeting that the complaint is not an NTB but a charge of equivalent effect which is like what is in the Kenya’s Finance Act of 2022. This is a result of non-harmonization of domestic taxes in the Region. The Republic of Kenya informed the meeting that the Kenya Finance Act is not discriminatory and hence the Charge on Confectionary Sugar by URT is an NTB and should be resolved by abolishing the discriminative fees. The Trade Committee meeting recommends that the process of harmonizing the fees, levies and charges should be fast tracked. During the 41st SCTIFI meeting Kenya observed that confectionary products from Kenya should not be treated differently from confectionery products produced in Tanzania. At the 41st SCTIFI meeting, the Republic of Kenya observed that NTB-001-070: “URT discriminatory charges of import TSh.700 and unfounded charges of Tsh.1000 to Kenya confectionary, sugar and sugar products.” The EAC TBP submissions has referred to the excise duty as fees and subsequently recommended the process of harmonizing the Fees, levies and charges should be fast tracked. Kenya’s submission is that the description of the charges as fees is erroneous. The charge is an excise duty as contained in the United Republic of Tanzania Finance Act of 2022 and the custom entry presented as evidence. This measure is therefore disciplined under Article 15 of the Protocol establishing the EAC Custom Union and not subject to the process of harmonization of fees, levies and charges. The excise duty discriminates transfers of confectionary, sugar and sugar products from Kenya which are levied Tshs 700 per kilogram against locally produced like-products which are levied Tshs 500 per kilogram. This measure is a violation of Article 15 on National Treatment which prohibits Partner States from imposing, directly or indirectly, on the products of other Partner States any internal taxation of any kind in excess of that imposed, directly or indirectly, on similar domestic products In addition, in the custom entry presented as evidence, the Kenya exporter has been charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya therefore requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
2. During the 42nd SCTIFI, the Republic of Kenya informed the meeting that Kenya exporters were charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya, therefore, requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
The United Republic of Tanzania informed the meeting that there was an error in the Law that had since been reviewed through a Government Notice number 478(1) of 4th July 2022. The meeting noted that in the reviewed Law, locals are charged NIL while exports are charged 1,000 Tshs. URT to consult on the application of the new law and revert.
3.During the 35th RMC URT informed that the NTB will be resolved in accordance with the SCTIFI Directive on harmonization of domestic taxes, especially excise duties.
On the other hand, Kenya informed as follows:
(a) Goods produced within the EAC should be considered local and therefore, not treated as imports.
(b) Partner States align their internal Acts to define imports and exports in accordance with EAC CMP
4.The 36th RMC that took place from 1st - 4th May 2024 was informed that the NTB is being addressed under the Bilateral engagements where the two Partner States agreed to the harmonisation of all discriminatory taxes, conditions, levies, fees, and charges related to imports/exports for holistic consideration by 30th June 2024. 		 
NTB-001-072 Misclassification of Product and subsequent wrongful incursion of tax (Sugar tax) 2021-09-21 Mauritius: Mauritius Revenue Authority and customs, upon clearing consignmnet South Africa In process View
Complaint: Misclassfication of Sweetened Condensed MILk as a beverage.
Misuse of tariff code - where others use 0402.99.90 MRA uses 0402.99.10. Furthermore;

Post the 2020 budget, we were made to understand by the Mauritius Chamber of Commerce and Industry that sweetened condensed milk (SCM) doesn’t attract sugar tax. Thus, we wrote to the Director of Excise duty to seek clarifications on the application of sugar tax.

The director requested us to apply for a ruling without giving any further explanations.

We filled in the ‘Request for ruling on H.S Classifications of goods’ form in Dec. 2020 and submitted all relevant technical documents requested on the form and a sample of SCM to MRA.

However, we didn’t hear from MRA since there was a lockdown in March. We have cleared 3 consignments of SCM in March, June and July without paying the sugar tax and only received the MRA - Customs Declaration Form in August while clearing SCM consignments, and we were asked to pay for the sugar tax.

We took cognizance of the ruling only in August and this is when we started the objection process.


 
Progress: 1. On 24 August 2022, Mauritius Focal Point reported that the Customs Dept of Mauritius is looking into the matter and will submit a report as soon as possible.
2. Mauritius Customs reported that : Under the Customs Act whenever a person is dissatisfied with a ruling may object to the ruling.in this case, an objection has been made on 27.09.2021.The objection is being dealt with independently by the objection directorate. An update has been requested from them.
3. On 30th August 2022, Mauritius provided further update that:
The Objection Directorate has maintained the tariff classification under HS Code 0402.99.10 as provided by the Mauritius Revenue Authority Customs Department and the objection was disallowed. A Notice of Determination was issued to this effect on 15/11/2021.Applicant (Nestlé’s Products (Mauritius) Ltd ) made representations to the Assessment Revenue Committee (ARC) on 10/12/2021.The case was called Pro Forma before the ARC on 01/07/2022. Hearing by ARC on this case is still awaited. An update will be provided upon availability.
4.On 7 July 2023, Mauritius Focal Point reported that the case was still before the Assessment Review Committee (ARC). 		 
Products: 0402.99.90: --- Other  
NTB-001-128 2.4. Import licensing 2023-06-23 Zimbabwe: Johannesburg/Pretoria South Africa In process View
Complaint: Reference is made to a resolved complaint with number NTB-000-966, which pertained to a problem with import licensing requirements into Zimbabwe.

The complainant was a Zambian exporter of yeast that was experiencing challenges in obtaining import permits from the Authorities in Zimbabwe, which permits were not issued when requested. This complaint is similar to the problem experienced by Rymco (Pty) Ltd, trading as Anchor Yeast, being hindered in exporting yeast from South Africa to Zimbabwe.

The date of resolution is indicated as 06 April 2023. A status note pertaining to the complaint reads as follows: “During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import license. This NTB was therefore resolved.”

South Africa requests confirmation on whether the lifting of the import licensing requirement on yeast also applies to SADC countries, specifically South Africa. 		 
NTB-001-080 2.2. Arbitrary customs classification 2022-09-07 Zimbabwe: Chirundu Zimbabwe In process View
Complaint: Simplified Trade Regime system no longer viable most traders preferring to use trucks instead of declaring using STR system, when declarations are done values are being lifted despite invoices produced , revaluation is done by the Supervisors making it difficult and most challenging for traders to use the system , and this is causing traders to use clearing agents .only a few with small quantities using STR with buses, traders are now preferring to use Commercial clearance instead of STR, giving a negative impact to why STR was put in place, there is need for orientation to Officer coming from Inland to the borders so that they understand how STR system operates.

Prior to covid pandemic traders used to use some small trucks with consolidated goods and declarations would be made as to the individual trader's quantities in a truck at the point of exit. During covid pandemic Customs gave a ruling that all goods to be cleared through the agents to reduce human interface, after the pandemic and all the lockdowns and restrictions CUSTOMS no longer want traders to consolidation system in transportation of goods saying its now a broken consignment. this arbitrary declaration is a trade restriction and a barrier TO TRADE 		 
Progress: 1. The NTB Unit brought this NTB to the attention of the Zimbabwe Focal Point to undertake internal consultations. A response is still being awaited.
2. During the 3rd meeting of the COMESA NTBs Forum held on 20- 22 September 2023 , Zimbabwe reported that the STR regime is fully functional at the Chirundu border post. The meeting requested Zimbabwe to provide feedback on the overvaluation of the goods under STR regime.
3. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda as it affects Zambia’s trade.
4. During the 10th Meeting of the TTFSC held on 2 - 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing.
Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
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