Active complaints

Showing items 1 to 20 of 80
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
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Reporting country or region
COMESA
EAC
SADC
Status
Actions
NTB-000-823 2.6. Additional taxes and other charges 2018-06-01 Botswana: BURS, BOTSWANA RECEIVER OF REVENUE South Africa New View
Complaint: Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34
 
NTB-000-822 1.1. Export subsidies 2010-01-01 Zambia: Zambia Revenue Authority Kenya In process View
Complaint: Zambia denies imports of Kenyan pure palm based cooking oil on the basis that it does not meet the 35% COMESA Rules of Origin value addition criterion. The Zambian Private sector raised concerns that the pure palm based cooking oil from Kenya was being treated as a semi-processed and yet it was a final product.  
Progress: The 33rd meeting of the COMESA Customs and Trade Committee was informed that this NTB dates back to 2003 when a joint on the spot verification mission was undertaken in Kenya. However, the verification mission did not succeed in resolving the issue of the originating status of pure palm-based cooking oil. Further Bilateral consultations and verification missions have been undertaken in resolving the NTB.  
NTB-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya In process View
Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Progress: During the 33rd meeting of the COMESA Customs and Trade Committee, it was noted that Zambia private sector had lobbied for imposition of surtax on locally produced inputs, however there was a blanket application of the surtax covering inputs not locally produced and finished products as a way of raising revenue for the government.

 
NTB-000-820 4. Sanitary & phyto-sanitary (SPS) measures
A12: Geographical restrictions on eligibility
Policy/Regulatory
2010-12-01 Zambia: Ministry of Agriculture and Livestock Kenya In process View
Complaint: Brookside Dairy Ltd of Kenya, exports of UHT milk are denied entry into Zambia for reasons that, an inspection audit of the source of milk, export facility, milk product and relevant standards in use in Kenya by the Zambian authorities raised sanitary concerns pointing out that Zambia cannot accept milk products from the raw milk that did not meet the Zambian milk standard. The Zambian standard on raw milk for use in production of milk products is a maximum of 200,000 colon forming units (cfu) whereas Kenya legislation allows for a maximum of 2, 000,000 cfu in raw milk used in making UHT milk, which is above the 200,000 cfu allowed in Zambia. Kenya applies the EAC graded standards which allow for a maximum of 2,000,000 cfu and a minimum of 200,000 cfu and below for raw milk.  
Progress: Various bilateral meetings and technical audits have been undertaken between the two countries in an attempt to resolve the NTB. The thirty-Third Meeting of the COMESA Trade and Customs Committee held on 15-17 September 2017 recommended that :
i) COMESA should harmonize SPS measures through implementation of the COMESA Green Pass (CGP) to facilitate trade in agricultural products.
ii) Member States should adhere to the NTB resolution time frames set out in the COMESA Regulations on Elimination of NTBs to ensure timely resolution of NTBs and enhance intra-regional trade.
 
NTB-000-818 3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage
2018-05-17 SADC SADC New View
Complaint: Failure to implement Article 5.8 (6.2 Road Traffic Policy) leading to variable treatment of the transport of High Cube containers with height exceeding 4.3 metres.

The transport of High Cube Containers, on “standard” deck height (1.5 metres) vehicles and trailers results in overall height of approximately 4.5 metres.
Botswana: Imposes requirement for abnormal load permits for each load.
South Africa threatens to repeal moratorium on prosecution from 1 Jan 2019
Other countries ignoring “illegal” height, but “illegality” leaves insurance threats to operators.
Zambia (4.8), Zimbabwe 4.65), Malawi (4.6); Tanzania (4.6) have increased legal height to at least 4.6 metres.
Uncertainty in region is causing growing concerns regarding viability of international transport routes amid fears of further enforcement costs and barriers.
 
NTB-000-816 1.1. Export subsidies 2018-03-01 Tanzania: Tanzania Revenue Authorities Kenya In process View
Complaint: LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA  
Progress: The EAC Secretariat thorugh the letter C&T 2/2/3 dated 13th March, 2018 advised and notified the Customs that confectionaries manufactured in Kenya using materials of any heading except that of the product, qualify under EAC Rules of origin, 2015 and should be accorded Community Preferential Tariff Treatment when transferred to another Partner State.  
NTB-000-815 2.2. Arbitrary customs classification 2017-11-17 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September  
Progress: During the SCTIFI of November, 2017 Uganda reported that they are holding meetings with the relevant institutions and will report back to Kenya before the next SCTIFI.  
NTB-000-814 1.7. Discriminatory or flawed government procurement policies 2017-11-17 Uganda: Ministry of Finance Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products, Juice, cigarettes.  
Progress: 1. During the meeting of SCTIFI that sat in November, 2017, Uganda reported that they are holding meetings with the relevant institutions and will report back to Kenya by December 2017.

2. The EAC Secretariat through their letter C&T 2/2/3 advided that according to Article 8 of the Treaty for Establishemnt of the Wast African Community, EAC Community Laws take precedence over similar national laws on matters pertaining to the implementation of the Treaty. In this regard amendment of the Excise Duty Act makes it discriminatory to similar goods from other Partner States and therefore contravenes Article 15.This means that the Protocol will take precedence uopn transfer of such goods from other PArtner States.
 
NTB-000-812 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2017-11-17 Tanzania: Tunduma Rwanda In process View
Complaint: Delays in releasing trucks at Tunduma & Rusumo border post by Tanzania Revenue Authority (TRA) as a result of manual lodging of import documents  
Progress: During the SCTIFI meeting of November, 2018 Tanzania Reported that Tunduma and Rusumo Border Posts are automated. However, sometimes there is no connectivity between Rwanda and Tanzania and in order to facilitate trade flow, Tanzania decides to go manual in those circumstances. This NTB was sent to the Committee on Customs for consideration.  
NTB-000-811 3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons
Policy/Regulatory
2017-10-02 Kenya: State Department of Trade Rwanda In process View
Complaint: Kenya banned exports of scrap metals destined to Rwanda in accordance with scrap metal Act NO. 1 OF 2015  
Progress: During the meeting of the SCTIFI that took place in November, 2017 Kenya reported that there was no enough evidence that Rwanda was being denied to trade in scrap metal by Kenya. The Scrap Metal Act No. 1 of 2015 has exemptions that can be used in this type of trade. This should be considered resolved.  
NTB-000-810 8.7. Costly Road user charges /fees 2017-10-02 Tanzania: Tunduma Rwanda In process View
Complaint: Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.  
Progress: 1. In the November, 2017 SCTIFI Tanzania committed to address the matter and revert back to Rwanda before the next Regional Forum on NTBs.

2. This NTB was refered to the Customs Committee for resolution.
 
NTB-000-809 2.3. Issues related to the rules of origin 2017-06-01 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas manufacturers ltd in Kenya and exported into Uganda.  
Progress: Uganda to consult and revert.  
NTB-000-808 2.3. Issues related to the rules of origin 2017-06-01 EAC Kenya In process View
Complaint: Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania.  
Progress: 1. in June, 2017 Rwanda reported that a verification mission was undertaken (SCTIFI decision) to accord preferential treatment to products meeting current RoO.

2. During the Bilateral meeting that too place in September, 2017, Tanzania and Kenya agreed to undertake a joint verification Mission on edible oil by November, 2017.

3. The Extra Ordinary SCTIFI that sat in February, 2018 Directed the EAC Secretariat to coordinate a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018.
 
NTB-000-805 Existence of several weighbridge stations in the central and Northern corridors. 2014-04-01 EAC EAC In process View
Complaint: Rwanda, Uganda and Burundi are affected by the existence of several weighbridge stations in the central and Northern corridors (Tanzania, Kenya and Uganda).  
Progress: 1. The Ministers decided that the weighbridges be reduced to two (2) one at the point of entry and the other at the port of exit. Specifically to containerized cargo. Containerised cargo is currently weighed at point of entry and point of exit. Partner States are implementing weigh in motion. In the case of Kenya, trucks still go though 4 permanet weighbridges . Sometimes they stop the trucks sometimes they do not stop the trucks.

2. Tanzania is considering this NTB resolved because there are only three weigh bridges Vigwaza at the coastal region, Njuki in Singida and Nyakahura in Kagera region weigh in motion weighbridges. It takes maximum of 4 days to exit the border from Dar Port and 2 days for fuel tankers. As of April 2015, Govt announced that all transit trucks are weighed as above. To implement this, trucks have to buy stickers to show that they differentiate between local and transit trucks. The sticker not applicable to local trucks. This is an NTB reflected by trucks preffering to pass through the old 7 weigh bridge route. Tanzania is considering the issue for review.

3. Tanzania is implementing plan to convert the weighbridges to weigh in motion. Kenya reported that weighbridges are not an issue since they have installed High Speed Weigh in Motion (HS-WIM)weighbridges and that there is not time lost. The HS-WIM are located at Mariakani, Athi River, Gilgil and Webuye. Kenya reported that they are pursuing full automation of weigh bridges. Kenya converted her weighbridges into weigh in motion. Question, does a truck have to pass through weigh bridges. A lot of time is wasted passing weighbridges.

4. Uganda: has 2 weigh bridges in Busitema and Mbarara and 2 night road blocks. However the vehicles are cleared within very short space of time. Rwanda- does not have weigh bridge. There is improvement in the central corridor due to construction of one stop inspection centers. Kenya and Tanzania have installed the High Speed Weign In Motion Weigh Bridges (HS-WIM).

5. Number of Weigh Bridges in Partner States are as follows: Burundi: 0; Kenya: 4; Rwanda: 0; Tanzania: 3; Uganda: 2. Uganda and Kenya use Highway speed patrol road Blocks. Uganda reported that she is considering instaling the High Speed Weigh-In Motion Weigh Bridges and will update once the process is complete.
Tanzania reported that she has 3 Weigh Bridges as it was agreed earlier. And that she has High Speed Weigh in Motion Bridges. The Republic of Kenya reported that she installed High Speed Weigh-In Motion Weigh Bridges and is still consulting on how to reduce on the 4 wegh bridges.
 
NTB-000-803 2.6. Additional taxes and other charges 2018-02-28 Tanzania: Importation into Tanzania Malawi New View
Complaint: CORI Ltd visited Tanzania last year to look for export markets for cooking oil in Tanzania. CORI was informed that the government in Tanzania does not promote/support importation and that Tanzania has a 15% surcharge on the importation of cooking oil.  
NTB-000-802 2.6. Additional taxes and other charges 2018-02-28 Zimbabwe: Importation into Zimbabwe Malawi New View
Complaint: CORI Ltd visited Zimbabwe last year to explore their local market to check if there is potential for their products (cooking oil). CORI Ltd discovered that they could not export cooking oil into Zimbabwe as the government in Zimbabwe has instituted Statutory Instrument (S.I 64) that banned imports of a variety of products (cooking oil is one of them).

Zimbabwe also has 40% (or $0.50/litre) duty on cooking oil imports
 
Progress: On 3rd April 2018, Zimbabwe Focal Point reported that SI 64 of 2016 has been consolidated with other SIs through SI 122 of 2017 which was gazetted on 22 September 2017. The consolidated SI removed the requirement for import and export licences on some products. The new requirements of SI 122 of 2017 will be recorded in the Non Tariff Measures database for Zimbabwe  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: The company is looking to explore new markets for its cooking oil and soya bean cake into Zambia. SADC New View
Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
NTB-000-800 2.3. Issues related to the rules of origin 2017-11-01 EAC EAC New View
Complaint: Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.

EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
 
NTB-000-799 2.6. Additional taxes and other charges
Policy/Regulatory
2018-01-08 Kenya: Namanga EAC New View
Complaint: Tanzania does not give preferential treatment to printed labels manufactured in Kenya by SKANEM LTD and exported into Tanzania. Entry No.TZNG18-1016642. Export suspended.  
Products: 4821.90: Paper or paperboard labels of all kinds, non-printed  
NTB-000-797 1.14. Lack of coordination between government institutions 2018-01-02 SADC South Africa New View
Complaint: Distell, a Tape Town based exporting company is experiencing delays and high costs of processing SAD500 entries and SADC certificates for their wine exports to Zimbabwe. The current procedure where the Distell driver cannot take the SAD500 entry and SADC certificate to Customs to have it stamped and signed over the counter is cumbersome and costly for the company. The company has to wait for at least 2 days for either the release notification or the stamped and signed SADC certificates. This leads to the truck waiting at the depot for the documents, which results to either standing time cost at the depot or standing time at the border.
The requirement is as follows: Distell Company loads Bulk orders in Tanktainers and Drums from Monis in Paarl or Adam Tas in Stellenbosch, Cape Town which goes by road to Zimbabwe. Currently export documents can only be done by the Freight forwarder immediately after the Tanktainer or Drums are loaded. Export documentation cannot be processed earlier, as company has to wait for the final weight loaded into the truck. The alternative method to use flow meters and cut off the loading on a specific amount of liters is used because it is does produce accurate measurements.
Actual Current process for Bulk - Tanktainers (Tankerservices transport)
- Truck to be arranged for loading very early on a Tuesday morning @ 07:00am
- Most of the time 2 to 3 truckloads which will load one after the other.
- The following is all also done on the Tuesday:
o The wine is loaded.
o Distell invoices and forward the relevant documentation to Imperial Logistics in Johannesburg.
o Imperial Logistics processes the Customs entry via EDI.
- Once EDI release is received (after at least 2 days), Imperial Logistics sends the Release notification via e-mail.
- Distell advises Tanker Services to collect the relevant documentation and leave for the border.
- Imperial Logistics will have the SADC certificate stamped at the border.
- Tanker services driver to collect the original SADC certificates at the border.
A permanent solution for exporters in Cape Town to provide an over the counter service for our SAD500 & SADC entries is required.
 
Products: 2204.10: Sparkling wine of fresh grapes  
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