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
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Date of incident Location
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NTB-000-959 7.4. Costly procedures 2020-05-18 Mozambique: Delegação Aduaneira de Zobwe Malawi New View
Complaint: Introduction of escort fees.

An escort fee at Zobue to escort Illovo Sugar (Malawi) trucks to Beira. It is US$ 200 per batch of 3 vehicles. If there is a single vehicle/truck that must get to the port the fee is still $ 200.

And there is also a scanning charge of US $ 20 per vehicle.
 
NTB-000-958 8.6. Vehicle standards 2020-05-20 Mozambique: Dondo Weigh Bridge -19.578854, 34.728999 SADC New View
Complaint: The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.

On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.

According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.

Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.

The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.

Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
 
NTB-000-957 5.8. Embargoes 2020-05-13 Kenya: Mombasa sea port South Africa New View
Complaint: Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.

With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.

The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.

I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?

Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.

I also would like to bring to your attention the following implication for South African wine exported to Kenya.

1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products

I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
 
Products: 2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09.  
NTB-000-956 2.8. Lengthy and costly customs clearance procedures 2020-04-08 Zambia: Chirundu In process View
Complaint: There are daily delays of truck movement due to customs clearing delays by Zambian authorities. Trucks are made to queue on the Zimbabwean side of the border whilst Zambian procedures are being done. The queue on the Zimbabwean side is almost permanent and sometimes stretches up to 10km along the road. Drivers have no ablution and other facilities in the process (health challenges).
The fight against the covid-19 disease is severely affected adversely by this development. In addition to this the trucks are exposed to thieves and wild animals. Clearing agents Zimbabwe transit bonds are also held up pending exit of the trucks.
 
Progress: Zambia NMC is undertaking consultations with relevant authorities and they will provide feedback as soon as possible .  
NTB-000-955 1.14. Lack of coordination between government institutions 2020-04-08 Zambia: Chirundu SADC New View
Complaint: Zimbabwean clearing agents are stopped by Zambian security agents from driving across to Zambian side to perform Zimbabwean exit formalities (this is contrary to the OSBP arrangement).
 
NTB-000-954 2.8. Lengthy and costly customs clearance procedures 2020-04-03 Zambia: Livingstone In process View
Complaint: Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system.  
Progress: Zambia NMC is undertaking consultations with relevant authorities and they will provide feedback as soon as possible .  
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-000-952 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory
2020-03-20 Burundi: Ministry of Trade, Industry and Tourism Tanzania New View
Complaint: Disrimination and denial of Market Access for salt in Burundi.

There was a survey carried by Ministry incharge of Public Health in 2018 in relation to the consumption of salt, that the result revealed that only 52% of Burundians consume adequately iodized salt. On the basis of this survey the Ministry of Trade, Industry and Tourism has taken measures to authorize and license four trading companies as importers of adequately iodized packaged with an iodization rate of between 30 and 60ppm and provided with a certificate of conformity from Standards Bureau of the importing country. The companies authorized and approved by Ministry to import salt in Burundi are the followings;
1. Ubuntu Investment company
2. Geprotus
3. Gitega Business Centre
4. Burundi Import (BIMPO)

No other company or individual is authorized to import and market food salt without the authorization of the Minister in-charge of trade. The issue is the government of Burundi is discriminating other companies to import salt in Burundi. This is against EAC rules and procedures, if the issue is standard of salt there is mutual recognition concerning standard in EAC as per SQMT Act 2016.
 
NTB-000-950 2.8. Lengthy and costly customs clearance procedures 2020-03-15 Zambia: Kasumbalesa Zimbabwe In process View
Complaint: The border is too congested for the past 3 weeks with the queue now stretching backwards for 90 kilometers to Kitwe Town in the Copperbelt in Zambia, the situation has really gotten out of hand and we need urgent intervention.There are more that 1000 trucks queuing now and more joining from the various corridors.  
Progress: On 7 April 2020, Zambia Focal Point reported that the congestion could be as a result of the 14 days quarantine requirements for cross border drivers. They were going to carry out investigations and give concrete feedback.

2. On 9 April 2020, Zambia Focal Point reported that the problem was arising form the situation that Democratic Republic of Congo is in lock-down and enforcing strict screening measures at all Ports of entry in view of COVID-19. As a result, there has been a build up of traffic on the Zambian side at Kasumbalesa border post.
There is on-going engagement with Officials in the DRC and it was hoped that the situation can be resolved expeditiously.
 
NTB-000-948 2.6. Additional taxes and other charges 2019-12-01 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
 
NTB-000-947 3. Technical barriers to trade (TBT)
B33: Packaging requirements
2018-03-01 Uganda: Uganda Bureau of Standards Kenya New View
Complaint: Uganda rejection of tissue paper manufactured in Kenya by Africa Cotton Industries. Uganda does not allow group packaging of tissue paper as provided for under the EAC harmonised standard.
Uganda have not implemented the EAC harmonized standards therefore the products must conform to Uganda National standard.
 
NTB-000-946 2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory
2017-03-01 Kenya: Tanzania Kenya In process View
Complaint: Tanzania introduced new discriminative fees levied against animal and animal products vide Animal Diseases (Animal and Animal products Movement Control) amendment GN no. 475. This discriminatory fees to Kenya (EAC) animal and animal products i.e. beef and beef products, milk and milk products vis-à-vis Tanzania products has increased levies to 4800Tsh per Kg of meat (Ksh from 200 to 500) and 1800 Tsh per Kg for milk. This is against the spirit of the EAC where Tanzania (Partner States) is required to accord equal treatment to products from Kenya. This has negatively affected Kenya beef and beef products into Tanzania.  
NTB-000-941 8.7. Costly Road user charges /fees 2020-02-28 Mozambique: Delegação Aduaneira de Machipanda (Road) In process View
Complaint: As per attached document dated 24 January 2020 entitled Payment of Customs Fee for the Issuance and Extension of the Temporary Import Licence for Vehicles, Mozambique has started charging foreign transporters a fee of Mets 750.00 per vehicle for the issuance of the Temporary Import Permit.

The issue of a Temporary Import Permit in the SADC region is not charged for at any other Port of Entry.

By allowing a charge of this nature that provides for no service, we are simply encouraging all member states to start charging for what has always been free of charge.
 
Progress: On 2 March 2020, DRC Focal Point requested Mozambique focal points to communicate feedback with regard status on how the NTB can be resolved.  
NTB-000-940 5.14. Restrictive licenses
Policy/Regulatory
2020-01-09 Rwanda: Rwanda FDA Kenya New View
Complaint: The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA

These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive.
 
Progress: Dear Monica

can we have progress report from the NMC meeting on this NTB
 
NTB-000-939 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-10-16 Tanzania: Tanzania Revenue Authority at ICD Kenya Kenya In process View
Complaint: Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.

The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy
 
Progress: 1.During the NMC meeting held on 13th - 14th March 2020 Tanzania informed that the Kenyan Focal Point was advised to contact the Tanzania Revenue Authority Liaison Officer in Nairobi to verify the origin of the raw materials. Kenya is yet to report back.  
Products: 3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa  
NTB-000-938 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2020-02-08 South Africa: Beit Bridge Zimbabwe In process View
Complaint: Arenel (Pvt) Ltd was incorporated in the Republic of Zimbabwe in 1961. Arenel is manufacturer, seller and distributor of food and beverages with renowned brands in Biscuits and Sweets both locally, SADC Region and beyond. On Saturday, the 8th of February, 2020, our truck was subjected to inspection by Port Health, South Africa. The inspectorate then detained the truck on the premise that the labeling of our products was not complying to regulation No. R146 of 2010. The truck is still detained.  
Progress: 1. On 11 February 2020, ( 12:13hrs) South Africa Focal point advised that they were undertaking consultations with relevant authorities and will report back as soon as possible .
2. On 12 February 2020, the exporter advised that the truck had been released on condition that Port Health officials will collect samples for laboratory testing. However, when the truck arrives in South Africa, the company cannot distribute the consignment until samples are collected by the nearest Port Health Officials for lab tests.
 
Products: 1905.31: Sweet biscuits  
NTB-000-936 2.6. Additional taxes and other charges 2019-11-19 Zambia: Chirundu Zimbabwe In process View
Complaint: Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market  
Progress: On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .  
Products: 6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like.  
NTB-000-935 1.15. Other 2019-12-01 Zimbabwe: Ministry of Industry and Commerce Zambia In process View
Complaint: A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.

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

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

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

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

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

Some products also require a Certificate of Origin issued by the Mauritius Chamber of Commerce and Industry despite being already accompanied by a COMESA Certificate of Origin.
 
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