Active complaints

Showing items 1 to 20 of 66
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-000-895 8.8. Issues related to transit 2019-08-08 South Africa: Durban sea Port Lesotho In process View
Complaint: Container been detention for physical exam for too long now, which will delay our exports. The requested documents were provided long time.  
Progress: During the NTBs Focal Points Meeting held on 19- 21 August 2019, South Africa reported that they hd submitted the complaint SARS therefore they would make a followup and report progress by the 28th August 2019  
NTB-000-892 2.8. Lengthy and costly customs clearance procedures 2018-07-01 Kenya: Namanga Tanzania In process View
Complaint: KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. Therefore to clear 100 trucks it cost Kshs 850,000/-.
 
Progress: Kenya Focal Point informed the 27th meeting of the RMC that Kenya would carry out investigation and submit their findings .  
NTB-000-891 2.8. Lengthy and costly customs clearance procedures 2019-04-09 South Africa: Cape Town Eswatini In process View
Complaint: SARs stopped containers for inspection and are demanding proof of payment from consignee/buyer to the exporting company (Supplier) for the goods in transit to Eswatini. The affected company, Long Wei Investments are experiencing delays and incurring storage and demurrage charges at the port of discharge in Cape Town. SARS has withheld the consignment for over seven days from 9th April 2019. SARs are asking for different documentation at different times and dates thereby further delaying the inspection process and release of the consignments. The affected products are on Bill of Lading No. COSU6198384160  
Progress: During the NTBs Focal Points Meeting held on 19- 21 August 2019,South Africa Focal Point reported that they were attending to the issue and that a follow up will be made with SARs in the week of 28 August and report back  
NTB-000-889 2.14. Other 2018-04-05 Mozambique: Delegação Aduaneira de Zobwe Malawi New View
Complaint: The Ministry of Industry, Trade and Tourism received a complaint from Limbe Leaf Tobacco Company Ltd of a Non-Tariff Barrier imposed by Mozambican Customs Authorities at Zobue Border Post.

The company reported that Mozambique Customs Officials are demanding that containers carrying processed tobacco transiting through Mozambique should be opened after passing through Zobue Border Post.

Once the container is opened for physical inspection, customers (buyers of tobacco) demand that the exporter should get an official letter from the Mozambique Customs Officials. Unfortunately, Mozambique customs authorities have not issued documents nor provided formal reports stating the occurrence of the inspections and confirming changes in seal numbers once an inspection has taken place.
 
NTB-000-881 8.8. Issues related to transit 2009-02-04 Tanzania: Nakonde Zambia New View
Complaint: Since 2006, the Tanzanian Government imposed a ban on importation of poultry and poultry products to curb any possible Avian Influenza Disease outbreak. However, a Zambian Company (Hybrid Poultry Farm) has been denied Transit Permit for hatching eggs destined for Kenya. The hatching eggs are not going to be offloaded in Tanzania as it will only be used as a transit country and will be transported in sealed refrigerated containers.
 
NTB-000-864 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Juice. Kenya reported that the Juices are still charged 13% excise duty.  
Progress: 1.Delmonte Pineapple Juice:
Uganda reported that it is difficult to differentiate between pineapple juice manufactured using the locally-acquired concentrate and juice manufactured using concentrate imported under duty remission for exports.
Therefore, Uganda could not accord preferential treatment to Delmonte pineapple Juice.
2. 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.
 
NTB-000-863 2.3. Issues related to the rules of origin 2017-07-17 Uganda: URA Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products  
Progress: 1. The issue of the Pharmaceutical products is still unresolved Uganda is still consulting.

2. During the 27th meeting of the Regional Monitoring Committee held on 29 April - 3 May 2019, Uganda focal point reported that this NTB was discussed in the JPC of March 2019 and Uganda was conducting consultations with relevant agencies.
 
NTB-000-857 8.3. Immigration requirements (Visa, travel permit) 2018-10-01 Tanzania: Kilambo Burundi In process View
Complaint: Tanzania charging of Business Visa of USD 250 to EAC business persons entering URT charged as Certificate of Temporary Assignment (CTA) at all borders  
Progress: 1. Tanzania reported that the charge is not for VISA but it is a fee on a pass.The fee is charged on persons coming in Tanzania to perform temporary assignments (economic activities and professional services) such as consultancies. The Meeting urged the URT to waive the fee for East African citizens as per Regulation 5 of the EAC Common Market Protocol.
2. During the Regional Monitoring Forum held on 29 April - 3 may 2019,URT informed the meeting that this fee is charged on persons coming in to perform temporary assignments (economic activities and professional services) such as consultancies.The Meeting urged the URT to waive the fee for East African citizens as per Regulation 5 of the EAC Common Market Protocol
Recommendation:
The EAC Secretariat to convene by September, 2019, a meeting of Ministries home affairs, chiefs of for Immigration, and Ministries responsible for Trade to handle matter as it affects both trade in goods and services
 
NTB-000-836 2.6. Additional taxes and other charges
Policy/Regulatory
2018-10-26 Tanzania: Tanzania Dairy Board Rwanda In process View
Complaint: Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.

Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).

This is a total ban since milk imported cannot compete with the local one.
 
Progress: 1. The meeting reviewed the list of other charges of equivalent effect imposed on dairy products and noted that not all Partner States submitted the relevant charges as directed by SCTIFI. It was recommended that PS should forward the charges to the Secretatiat for compilation and harmonization.
It was noted that most of the charges are not customs-related and there is need to write through MEAC for ministries of Agriculture and Trade to facilitate provision of the information. The Forum directed the Secretariat to officially re-write to Partner States requesting for all the information on diary charges applied on imported processed milk by 30th May 2018. The Secretariat wrote to the Partner States and Partner States are yet to respond.
The Meeting of SC on Trade recommended that Partner States should submit comprehensive charges imposed on milk and milk products to the Secretariat by 30th November 2018.
2. In the Miisterial bilateral meeting held on 19 December 2018 URT reported that it is taking steps to harmonize fees and charges in order to facilitate trade, in line with the directive of H.E the President of URT to ease the doing business environment. Regarding the delays, URT indicated that they have received testing kits and as result, food and drug tests will be conducted at the border within one hour depending on the que. URT to communicate the implementation timelines by June 2019.
3. During the regional monitoring committee meeting held from 29 April - 3 May 2019, the Secretariat reported that they had sent a letter to Partner States to submit the additional charges for harmonization.
 
NTB-000-832 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-28 Kenya: Mombasa sea port Mauritius In process View
Complaint: All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa?
 
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-831 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-07 Kenya: Mombasa sea port Mauritius In process View
Complaint: Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar.
 
Progress: Kenya and Mauritius held bilateral consultations during the meeting of NTBs focal Points held in Nairobi on 19- 21 August during which Kenya undertook to review the matter and provide feedback in two weeks from that date . Mauritius undertook to provide a status report that would assist Kenya to make the investigations.  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
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.  
NTB-000-829 2.4. Import licensing 2018-07-13 Zimbabwe: Ministry of Industry & Commerce and Enterprise Development Mauritius In process View
Complaint: We, Soap & Allied Industries Ltd, Mauritius have shipped under the BL no. MEDUPL008430 & Comesa No.487/18 & BV CoC No.ZWE 2018 206608 / 0001 of 3 FCL of Detergent Powder since 19th June 2018 and reach on 13th July 2018, Our end consignee MEGA MARKET PVT LTD, Mutare, Zimbabwe has already apply for an Import permit month back which same use to be release within a week time.
Unfortunately they still awaiting for the permit for releasing of these FCL till now.
The Detention fee and storage charges incured are too much due to extended days and these will affect the selling cost for end customer as they are not able to clear out the goods.
Note: 3 more FCL of the same products already depart from Mauritius on 08th July 2018 and closed to reach.
We wish to have your attention on that issue and your kind consideration for the smooth doing business between both countries under the proper condition and trade agreement.
We request Zimbabwe to kindly consider on Urgent basis to assist our customer MEGA Market PVT Ltd to obtain the license so that the goods can be cleared.
 
Progress: During the meeting of NTBs Focal Points held on 19- 21 August 2019, Mauritius and Zimbabwe agreed to continue bilateral engagements. Zimbabwe is requested to make follow up with relevant authorities and provide update on the matter during the month of August 2019.  
Products: 3402.20: Surface-active preparations, washing preparations, auxiliary washing preparations and cleaning preparations put up for retail sale (excl. organic surface-active agents, soap and organic surface-active preparations in the form of bars, cakes, moulded piece  
NTB-000-823 2.6. Additional taxes and other charges 2018-06-01 Botswana: BURS, BOTSWANA RECEIVER OF REVENUE South Africa In process 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 South Africa In process 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: 1. The EAC Secretariat through 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.
2. Tanzania wrote to the EAC Secretariat informing the reasons for their reservations for not granting preferential treatment to confectioneries from Kenya. URT proposed that this matter be taken back to be considered by experts (KRA and TRA).

Kenya reiterates that a verification mission was conducted in June 2018 as directed by SCTIFI. The report, which was signed by Partner States who participated in the verification mission including the United Republic of Tanzania, confirmed that Kenya confectionary producing companies verified, did not benefit from sugar imported under zero duty.
Kenya’s position is that the United Republic of Tanzania accords community market access as per the findings of the verification report without further hindrance or condition. The Republic of Kenya does not find merit in the second verification proposed by the United Republic of Tanzania.
The SCTIFI meeting agreed to escalate the issue to the EAC Council of Ministers to be held in November, 2018 for guidance.
3. This matter was discussed by . the Ministerial Bilateral meeting held on 23- 27th April 2019 and the two Partner States agreed to have another verification in a moths time , ( May 2019).
 
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: 1. 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.

2. This NTB was refered to the Customs Committee for consideration
 
<< Previous 1 2 3 4