Active complaints

Showing items 1 to 20 of 84
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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COMESA
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COMESA
EAC
SADC
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 Actions
NTB-001-227 2024-08-01 Tanzania: Tunduma South Africa New View
Complaint: Certain African countries are now requiring annual renewal of all test reports for our safety footwear crossing their borders. Financially, this translates to approximately R55,000 per test per style. For manufacturers such as ourselves exporting multiple styles annually, the cost could potentially run into millions, significantly impacting our margins but also creating potential delays or disruptions.  
NTB-001-276 VAT Refunds 2020-08-03 South Africa: South African Revenue Services Botswana New View
Complaint: Business Botswana has received from seven (7) of its member companies (see attached list) with concerns regarding delays in claiming VAT refunds from the South African Revenue Service (SARS). These companies have collectively reported that they are owed a total of R51,838,696.82in VAT refunds, dating as far back as 2020 to August 2024. The core issues involve prolonged processing times, document rejections without the ability to resubmit, and tight deadlines for compiling and submitting the required paperwork.  
Progress: During the SADC regiomal workshop on resoltuion of NTBs held on the 14-15 April 2026, SARS indicated that VAT refunds are being processed through South African-based agents, with delays and backlog attributed to the transition from the pre-COVID system to a new system, as well as some claims being rejected due to incomplete or non-compliant documentation; approximately R93 million has been paid out regionally in batches. Botswana companies are encouraged to use reference numbers to track claims, while coordination between the private sector, local consultants, and South African agents will be strengthened, and SARS will provide guidance on documentation requirements to improve compliance and efficiency. Overall, the matter is partially resolved, with progress made but further follow-up required to clear outstanding claims and enhance system efficiency. BURS is also working on it and plans to have a meeting with SARS as soon as possible.  
NTB-001-345 2025-06-26 Djibouti: Djibouti sea port Ethiopia In process View
Complaint: A procedural inconsistency exists in the handling of export shipments from Ethiopia to the Djibouti Free Zone, whereby the acceptance of tarpaulin-covered trucks is applied inconsistently in comparison to containerized cargo. In practice, some shipments transported in tarpaulin-covered trucks are permitted entry into the Free Zone, while others are denied access and required to be containerized without clear justification or prior notice. This inconsistent enforcement creates uncertainty among traders and transport operators, leading to delays, additional handling and transportation costs, and operational inefficiencies.
As a result, exporters particularly small-scale traders face difficulties in planning their logistics and complying with requirements, which ultimately reduces their competitiveness and limits smooth market access along the corridor. 		 
NTB-001-347 2026-03-17 Zimbabwe: Zambia In process View
Complaint: Informal traders carrying small quantities of goods, such as fresh produce, cooking oil, rice, sugar and pasta.
These traders cross the Victoria Falls border post by bike or foot.
The complaint concerns over 50 traders per day, crossing the border.

When entering Zimbabwe, they get stopped by Customs and will face seemingly arbitrary restrictions on quantities of goods that can enters (which change on a daily basis and depending on the specific officer on duty). When these arbitrary quantities are exceeded, the officers often confiscate all of the goods or demand bribes to release the traders. They also face threats when questioning the behaviour of the officer.

When returning after selling goods on the market in Zimbabwe, and after clearing the Zimbabwe Customs, they will often get stopped by police or soldiers in the no-mans-land between the borders to be demanded further bribes from the proceeds of their sales.

If bringing merchandise from Zimbabwe back to Zambia, depending on the officers at the border and despite the small quantities carried, they will be asked to obtain an export license from Harare. Or to pay another bribe to be released. 		 
NTB-001-361 2026-01-14 Ethiopia: Dilla Customs Office Ethiopia In process View
Complaint: The Dilla Customs Office has repeatedly delayed the clearance of export goods destined for the Moyale Border for extended periods, despite all required documents and formalities having been duly completed. These products were issued permits with specific validity periods, yet the delays persist, causing unnecessary disruptions. This issue has occurred several times at the same government institution.  
NTB-001-362 2025-09-23 Ethiopia: Ethio-Dibouti Railway Ethiopia In process View
Complaint: The Ethio-Djibouti Railway, in addition to providing transport services to the Dewele border, also offers freight forwarding services to exporters, either directly or through its agents. While the contractual agreement is established between the exporter and the railway operator, the actual service delivery is often carried out by third-party agents with whom exporters have no direct contact.
This arrangement limits the exporters ability to track consignments in real time. In several instances, exporters only become aware about the missing consignment at the border. So,the remaining/missing goods will be shipped separately through the same process, resulting in additional transport costs and delays. Consequently, there is a delay in meeting delivery deadlines, which affects the trader’s reliability and lead to financial losses as well. 		 
NTB-001-363 2025-11-18 Ethiopia: Government Institutions at One Stop Border Post Kenya In process View
Complaint: There is a lack of coordination arising from the fragmented structure of the offices and the limited number of officers assigned to support operations. Offices are located in different buildings that are not interrelated, and staffing constraints further reduce efficiency. For example, only one officer is responsible for conducting standard inspections for both export and import goods, creating a bottleneck.

In addition, each institution operates independently under its own supervision, with limited cross-agency integration. While some services, such as agriculture-related offices, still rely on manual processes, others, such as customs, have fully adopted digital systems for clearing goods. However, customs procedures still depend on confirmations from these other agencies before goods can be cleared, leading to delays and inefficiencies.

Overall, these structural and operational challenges contribute significantly to the lack of coordination. 		 
NTB-001-364 2026-01-07 Kenya: Ethiopia In process View
Complaint: Ethiopian maize quality standards are not accepted in Kenya, requiring additional conformity assessment. This has resulted for an extra costs of approximately 44,000 Kenyan Shillings per consignment, increasing the cost of doing business.  
NTB-001-365 2025-12-10 Ethiopia: Moyale Ethiopia In process View
Complaint: There were delays in obtaining approval or certification for goods imported through the Moyale border. Samples are required to be tested in Addis Ababa before clearance can take place. As a result, importers are expected to obtain the necessary approval before the goods are shipped to Ethiopia. Otherwise, if the approval is sought after the goods arrive and undergo document verification, significant delays may occur.

Following the complaint received, a visit was conducted to the Moyale One-Stop Border Post (OSBP), where these issues were confirmed. For instance, a Vaseline product with all the required specifications (five types) intended for import into Ethiopia was required to obtain prior approval. However, the process took up to two months. This approval or certification is essential for clearance.

If importers fail to secure the approval before the goods arrive at the border, they may face extended waiting periods to obtain the necessary authorization before clearance can proceed. This situation was observed at the Moyale OSBP and confirmed by officers responsible for document verification. 		 
NTB-001-366 2026-01-08 Ethiopia: Ethiopia New View
Complaint: Imported tyres are subject to duplicated conformity assessment at destination, despite having undergone identical testing procedures in the country of origin. The absence of recognition of prior test results leads to unnecessary duplication and additional testing cost.  
NTB-001-367 2026-02-02 Djibouti: Djibouti sea port Ethiopia In process View
Complaint: The importer experienced significant challenges during the customs clearance process at the Port of Djibouti. Upon arrival of the shipments (both containerized cargo and vehicles), they were informed of multiple documentation-request by customs authorities. These issues included minor discrepancies such as spelling errors in the Bill of Lading, as well as requirements to provide additional supporting documents that had not been communicated to them prior to the arrival of the cargo.
Importantly, these documentation requirement were not raised in advance, which prevented them from making the necessary corrections before the shipment has reached to the port. As a result, they were required to repeatedly amend and resubmit documents under a time pressure leading to delays in the clearance process.
Due to these combined challenges, the cargo remained at the port beyond the allowed free storage period. Consequently, the importers has incurred significant unplanned costs, including demurrage charges and other related port fees. 		 
NTB-001-368 2026-03-06 Djibouti: Galafi Ethiopia In process View
Complaint: The movement of goods through the Galafi border corridor is significantly constrained by poor road infrastructure between Ethiopian border and Djibouti, particularly around the Dikil town corridor, which stretches approximately 80 kilometers. Traders and transporters said that traveling within this route can take up to 19 hours for a relatively short distance compared to the same distance takes 4 hours in normal road infrastructure, mainly due to the poor condition of the road.
The prolonged travel time has several direct and indirect impacts on traders. First, delays in transportation often result in late arrival at the border post, which in turn leads to additional costs such as extended storage/container fees, and missed clearance schedules. These delays also significantly affect perishable goods, including agricultural products and livestock trade. Traders indicated that animals transported along this route sometimes suffer from stress, illness, or death due to the long and difficult journey, resulting in financial losses.
Another major concern is the health and safety of drivers. Spending nearly a full day to cover only 80 km exposes drivers to extreme fatigue, poor working conditions, and limited access to medical or emergency services along the route. The difficult road conditions also increase the likelihood of vehicle accidents and mechanical failures.
In cases of vehicle breakdown or accidents, transporters face additional burdens such as expensive car towing services, which further increase operational costs. Moreover, traders highlighted that insurance coverage for goods in transit is either unavailable or extremely expensive for this route. Because of the high risk associated with the road condition, many transporters are unable to afford insurance, leaving them financially vulnerable in the event of accidents, cargo or container damage, or loss.
Traders also emphasized that these challenges persist despite the existence of an alternative road that has already been constructed but is not yet operational. If this alternative route were opened and fully functional, it could significantly reduce travel time, lower transport costs, improve driver safety, and minimize losses related to perishable goods and livestock.
Overall, the poor infrastructure along the Galafi–Dikil corridor represents a substantial non-tariff barrier to trade, creating delays, increasing costs, and exposing traders and transporters to significant financial and safety risks. 		 
NTB-001-369 2026-02-16 Kenya: Ethiopia In process View
Complaint: Under the East African Community (EAC) Vehicle Load Control Act, 2016, Kenya applies permissible maximum axle load limit of 28-ton along the Moyale–Nairobi (A2) corridor. In contrast, Ethiopian trucks are permitted to carry loads of up to 40 tons up to the Moyale One-Stop Border Post (OSBP). Due to this regulatory mismatch, Ethiopian trucks cannot proceed further into Kenya and must offload their cargo at the border.

This process is further delayed by the limited availability of Kenyan trucks to take over the cargo, as well as a shortage of warehouse facilities at the border, which forces vehicles to wait longer with their goods. Conversely, Kenyan trucks are generally able to transport goods into Ethiopia without similar restrictions. 		 
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-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-000-781 2.6. Additional taxes and other charges 2015-11-19 Mozambique: Delegação Aduaneira de Goba (Road) Eswatini In process View
Complaint: An import surcharge is applie to all imported sugar (i.e. SADC and non-SADC) ased on the difference between Dollar-based reference price (DBRP) and the world marker price quoted on the New York #11 and London no.5 commodity exchanges for brown and white sugars respectively. The current DBRP is US$806 per tonne for brown sugar and US$932 per tonne for white sugar.  
Progress: 1. On 4th February 2020, Eswatini Focal Point expressed concern that there is no progress made in addressing this matter and therefore proposed that a bilateral meeting between the two member States be held either in Eswatini or Maputo so as to discuss and resolve this longstanding NTB. Eswatini suggests that the Secretariat facilitates the bilateral meeting and is therefore awaiting response from SADC NTB Focal points on way forward.

2. On 5th November 2017, Mozambique Focal Point updated that Mozambique is still working on the matter and a multisectorial team, which involves Revenue Authority (Customs and International Cooperation Directorate) and Ministry of Industry and Trade has been established to analyse the matter and the answer will be sent as soon as possible..

3. On 1st September 2017, Mozambique and Swaziland Focal Points reported that they are urgently following up with relevant authorities to assist the complainant . All efforts are being made to resolve the matter expeditiously. 		 
NTB-001-129 2.6. Additional taxes and other charges 2021-07-01 Kenya: Kenyan Government Egypt In process View
Complaint: Complain from Eagle Chemicals - Egypt
Subject: Excise duty on imports cancelling the effect of COMESA agreement

TARRIFF BARRIERS UNDER COMESA AGREEMENT (EXCISE DUTY TAX IN KENYA AS A BARRIER)

COMESA AGREEMENT:
Republic of Kenya and Egypt are signatories to COMESA AGREEMENT on removal of tariff (tax) barriers towards FREE TRADE between themselves and among the signatory member countries.
Since the establishment the COMESA AGREEMENT several years ago, the Republic of Kenya and Egypt have enjoyed this free trade environment and trade between the two countries has grown by leaps and bounds (UNTIL JULY 2021)
KENYA----FINANCE ACT 2021----IMPOSITION 10% EXCISE DUTY TAX (TARRIFF BARRIER)
In July 2021 and for the first time ever since signing of COMESA AGREEMENT, the Kenya Government imposed unilaterally and without consultation with COMESA Secretariat or with the Republic of Egypt a 10% Excise Duty (tariff Barrier) on Resins manufactured and exported from Egypt and / imported into Kenya.
This was an act in bad faith noting the mutual relationship between Egypt and Kenya under COMESA AGREEMENT

KENYA---FINANCE ACT 2023----IMPOSITION OF AN ADDITIONAL 10% EXCISE DUTY TAX ON RESINS (TARRIFF BARRIER).
In July 2023, the Kenya Government introduced an additional 10% Excise Duty Tax on resins imported from Egypt bringing total Excise Duty Tax to 20% and this again without consultation with COMESA Secretariat and neither / nor a humble advance notification to Republic of Egypt as a sign of good faith under the mutual COMESA AGREEMENT

KENYA---THE 20% EXCISE DUTY TAX ON RESINS--- PURPORTED PURPOSE
This tax is applying only on all imported resins (from COMESA and from Non-COMESA countries) BUT is not applied on locally manufactured resins.
Consequently, and from a COMESA perspective, this Excise Duty Tax is an IMPORT DUTY TAX camouflaged as a local excise duty tax hidden behind the purported protection of one local commercial resin manufacturer (SYNRESINS) whose capacity is below 15% of Kenya market resin usage / requirement.

AGGRAVATED BAD FAITH AGAINST MUTUAL TRADE AGREEMENT UNDER COMESA.
The above developments are acts in bad Faith by Kenya Government against a friendly free trade partner (Egypt) under the COMESA AGREEMENT.

Please note no other country / signatory to the COMESA AGREEMENT has imposed an excise duty tax on resins from Egypt.

IMPORT DUTY TAX ON RESINS ARE AND REMAIN AT NIL IMPORT DUTY TARRIFF TODATE UNDER COMESA AGREEMENT ON TARRIF BARRIERS TOWARDS FREE TRADE.
Please note IMPORT DUTY TAX on resins from Egypt to Kenya remain at NIL % import duty and is at NIL on imports by other COMESA countries.
Import duty on resins into Kenya from NON-COMESA COUNTRIES is and has always been at 10% since inception of COMESA AGREEMENT

REQUEST
Republic of Egypt has obligation to protect their manufacturers of resins who export to Kenya under COMESA AGREEMENT against such unjustified TARRIFF TAX BARRIERS imposed by Republic of Kenya by requesting their removal for benefit of mutual trade growth both ways.

(Refer Attachments)

  
Progress: 1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023.
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. Kenya to update the status report on outstanding NTBs with Egypt on the online reporting system by 26th April 2024.
4. On 18 June 2024, Kenya Focal Point reported that the Kenyan parliament was reviewing the Finance Bill 2024, with the intention of revising certain clauses as deemed necessary. Consequently, they were awaiting the enactment of the Finance Bill 2024 to determine whether there will be amendments to the specified non-tariff barriers (NTBs).
5. On 9 September 2024, Egypt and Kenya held a bilateral meeting on the outstanding NTBs emanating from the enactment of Kenya’s Finance Acts of 2021 and 2023. The two Member States agreed on the following:
a) The additional taxes are NTBs as its application is discriminatory as they only apply on imports and not domestically produced products.
b) Kenya to continue with her internal consultations with relevant policymakers and to follow up on the progress of resolving the NTBs, as requested by the Egyptian delegation.
c) The meeting agreed that the NTBs are policy issues and can be best addressed by the Joint Trade Commission (JTC) meeting, which is a higher level that is able to take decisions on this NTB and other trade related issues.
d) Both Kenya and Egypt continue with internal consultations with relevant stakeholders in preparation for the upcoming JTC meeting.
6. 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. 		 
Products: 3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid")  
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-001-095 2.6. Additional taxes and other charges 2022-11-29 Zambia: Mwami Malawi In process View
Complaint: Exporters from Malawi are being charged for any transit goods at Mwami border by Chipata City Council in Zambia. The fees and charges for various commodities have been posted at Mwami border.  
Progress: 1. During the COMESA Regional Capacity Building workshop for National Focal Points held on 3-6 April 2023 it was agreed that Zambia should engage its Ministry of Local Government and provide an update in the online system by 16 April 2023.
2. Subsequently, during a bilateral meeting between the Government of the Republic of Malawi and the Government of the Republic of Zambia on the STR which was held in Chipata on 13-14 April 2023, it was agreed that Zambia should verify if indeed the Chipata Council had stopped collecting the fees and provide feedback to Malawi and COMESA Secretariat BY 30 April 2023.
3. During the 3rd meeting of the COMESA Regional NTBs Forum , it was agreed that :
i) Zambia will provide feedback on the outcome of their internal consultations in the online system by 30th October 2023; and
ii) Both agreed that this NTBs be resolved by 31st December 2023.
4. On 25th September 2023, Zambia Focal Point reported that the matter was escalated to higher structures with the aim of having it resolved. The would continue providing updates on new developments with respect to progress made on the matter.
5. During the capacity building workshop held on 17- 19 April 2024, Zambia Focal Point reported that the fees had been lifted through a directive issued by the Ministry of Local Government. However , Malawi Focal point advised that the Malawi traders were still being charged the fees. The workshop was informed that the counterpart Municipality in Malawi was planning to introduce a retaliatory fees for Zambian traders bringing goods into Malawi. Zambia Focal Point was requested to upload the relevant Statutory Instrument or Directive to assist with implementation at the border.
6. During an NTBs consultative Meeting with the Secretariat on 9th April 2024, Zambia stated that the Ministry of Local Government and Development has since instructed local authorities to desist from charging those fees as they were hindering the free flow of trade.
7. During an NTBs workshop on 17th - 19th April 2024, Malawi NFP reported that their traders are still charged by the Chipata local government which has resulted in Malawi’s retaliation. Malawi is now also charging Zambian traders. Meanwhile, Zambia NFP agreed to make a follow-up on the issue and post a feedback on the system.
8. On 9th April 2025, Malawi NFP confirmed that their traders were still paying charges to the Chipata municipality
9. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the traders are still subjected to the charges and fees as payable to the Chipata Municipality. However, Malawi did not provide an update on the status of the NTB at that time.
10. On 14 August 2025, Zambia Focal Point reported that Zambia's National Trade Facilitation Committee set up a Committee to review levies being imposed by Local Authorities. The committee is therefore expected to submit a report on the same in the month of September, 2025.
The Ministry was in touch with Ministry of Local Government to obtain the instrument/instruction issued for uploading onto the system
11.During the Bilateral Meeting between Zambia and Malawi on the Simplified Trade Regime (STR), held from 18th to 20th November 2025, the Zambian delegation reported that, through the implementation of the Coordinated Border Management (CBM) system, the number of border agencies operating at Zambian borders has been reduced to six. As a result of this restructuring, local councils no longer conduct operations at the border and have delegated their fee-collection functions to the Zambia Revenue Authority (ZRA). The councils were accordingly instructed to suspend all fees on products. At present, the only fee that ZRA collects on behalf of the councils is the motor vehicle fee applicable to commercial clients. In contrast, it was noted that Malawian councils continue to collect fees on products at their borders.
12. On 18 November , Zambia Focal Point reported that during the Bilateral Meeting between Zambia and Malawi on the Simplified Trade Regime (STR), held from 18th to 20th November 2025, the Zambian delegation reported that, through the implementation of the Coordinated Border Management (CBM) system, the number of border agencies operating at Zambian borders has been reduced to six.
As a result of this restructuring, local councils no longer conduct operations at the border and have delegated their fee-collection functions to the Zambia Revenue Authority (ZRA). The councils were accordingly instructed to suspend all fees on products. At present, the only fee that ZRA collects on behalf of the councils is the motor vehicle fee applicable to commercial clients. In contrast, it was noted that Malawian councils continue to collect fees on products at their borders. 		 
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