Active complaints

Showing items 1 to 20 of 125
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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COMESA
EAC
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Reporting country or region (additional)
COMESA
EAC
SADC
Status
 Actions
NTB-000-530 8.6. Vehicle standards
Policy/Regulatory 		2012-09-10 Zambia: Zambia Bureau of Standards South Africa In process View
Complaint: This complaint is registered by FESARTA.
Zambia is requiring all foreign tankers either delivering product to Zambia, or transiting Zambia, to comply with its Standards 371:2008 and 429-4:2008.
Furthermore, it is charging transporters to obtain a permit to certify that the tankers comply with the Standards. This requirement is affecting the free flow of goods into Zambia.

Zambia is requested to recognise the foreign vehicles national certificates of roadworthiness as it is difficult for Transporters operating tankers into Zambia to alter the design of their tankers at short notice.This is against the objectives of trade facilitation, will create monopolies and increase the cost of transport. 		 
Progress: 1. On 25 January 2018, Zambia Focal Point advised that the Zambia Bureau of Standards had taken into account the concerns raised. The standard (ZS 371:2008) is currently under revision to address concerns among other matters.
The matter had also been tabled under SADC in an effort to harmonize the standard in the region

2. During the 15th SADC Sub Committee on Trade facilitation held in May 2017, Zambia reported that this NTB had been resolved. However, South Africa Focal Point undertook to verify with complainant and provide feed back on the status.
3. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that through SADCSTAN and Tripartite Transit Transport Facilitation Programme had recently agreed on the standard on transportation of dangerous goods which covers fuel tanks that will resolve this matter. 		 
NTB-000-670 8.6. Vehicle standards 2015-05-08 Tanzania: Tunduma South Africa In process View
Complaint: Despite the passing and acceptance of EAC Vehicle Overload Bill of 2012, whereby it states under the Fourth Schedule s.5 (1) (c) - VEHICLE DIMENSIONS, AXLE LOAD CONFIGURATIONS AND VEHICLE COMBINATIONS, that the maximum vehicle combination length permissible is 22 m and which includes and covers the South African designed and developed Interlink combination of 22 m maximum. Tanzania are still insisting on abnormal vehicle permits to be issued to these vehicles on entry into Tanzania at Tunduma Border Post at a cost of US $20 per entry or face heavy penalties including the impounding of vehicles if they are not in posesion of an abnormal permit.

This is in breach of the Bill which has been accepted by all EAC Member Countries including Tanzania and this policy needs to be revoked ASAP. 		 
Progress: Awaiting feedback from Focal Points  
NTB-000-689 8.6. Vehicle standards 2016-03-23 Botswana: All Border posts or entry points into Botswana by road South Africa In process View
Complaint: We have a problem in Botswana regarding the determination of Road User Charges at the border posts into Botswana.

The trailer manufacturers states the GVM to be 36 000 kg per unit (see attached vehicle registration papers)

This is the combined weight of the front and back link. However that is not what is reflected on the disc.

What it should say on the disc, is that the carrying capacity:

a) on the front link is 13000 kg.
b) The rear link is 23000kg.
c) The combined weight is thus 36 000kg.

We all know that it is not possible to carry 36000kgs on the front link and 36000kgs on the rear link. The axle configurations do not permit this to say the very least.

The problem arises on entry into Botswana at the border posts. They charge their road user fees per disc weight on the front and rear trailer.

therefore we end up paying for 36000kgs for the front trailer and 36000kgs for the rear trailer, this is 72 000kgs per unit.

To change the SA disc the following procedure will have to be followed.

1) W/bridge
2) Road worthy
3) Registration certificate
4) Certificate of compliance
5) Certificate model
6) Builders certificate
7) Ten days to change details of GVM per trailer.

a) It is very costly
b) it is very time consuming
c) it is not practical
d) It defeats the object of standardization and harmonization in the SADC region.

In this day and age where we are all trying to tighten our belts in order to survive, we can ill afford such additional costs.

This matter requires the urgent intervention of the focal point group in Botswana to address this matter urgently with the Roads Department in Gaborone, all relevant documentation pertaining to this case has been attached. 		 
Progress: This issue was discussed during the Botswana / South Africa Bi-National Commission, which was held in Gaborone in November 2017. As per item 3.2.2.1 bullet point number one (1), the Republic of South Africa was to formerly request for a waiver from Botswana on the matter, while South Africa is still sorting out the system that causes the problem. Botswana is still awaiting correspondence from South Africa to that effect. We kindly advice the South African Focal Point to consult the Department of Transport in South Africa for further clarifications.  
NTB-001-106 6.5. Variable levies 2022-07-05 Zimbabwe: Zimbabwe Revenue Authority Zambia New View
Complaint: Zambia exports into Zimbabwe on beverages attracts additional duty of $ 0.05/Litre.Lengthy Compliance processes, Multiple agency approvals and complex certification requirements further discourage sincere exporters as these layers increase the product turnaround time and further increase RTM cost and delivery time.
For example: - COC, Inspection, Route plan B, Importer licenses & various agency registrations (Multiple window clearance, COMESA certificate) 		 
Progress: 1. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda.
2. On 17 April 2024, Malawi Focal Point reported that they were following up with the agencies involved in this issue to resolve the NTBs and gave assurance the this issue was being discussed at length and feedback on the outcomes of the consultations would be provided as soon as possible.
3. 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. 		 
NTB-001-242 6.5. Variable levies 2024-12-27 Kenya: Ministry of Finance Tanzania In process View
Complaint: Through, the Tax Laws (Amendment) Act, 2024 of Kenya passed on 11 December 2024 and came into force on 27 December 2024, the Government of Kenya, among other things, introduced excise duty on various products such as marble, transformers, float glass, coal imported from outside Kenya including East African Community countries. Also, has increased the valuation rates in calculating tax on tiles when they are sold in the country. These challenges have affected production due to the decline in the market for the products in Kenya caused by competition after the prices of the products in question became high  
Progress: 1.On excise duty charged on originating goods from Tanzania, Kenya was urged to refrain from enacting discriminatory laws that treat EAC originating goods as imports. The RMC was informed by Kenya that, through the Supplementary Legal Notice, excise duty was removed from Glass and Transformer. Kenya provided the supplementary gazette removing the two products.
(b) On valuation rates on tiles from Tanzania and Uganda when they are sold in the country as per the complaint from Tanzania below, entries as evidence on valuation adjustments examined showed adjustments as noted in the Internal KRA Memo on valuation for tiles from Uganda & Tanzania. The meeting noted that valuation of goods is administrative and operational, hence the valuation matter be referred to the Sectoral Committee on Customs for Commissioners (SCOC) to consider and resolve. The EAC guided that Valuation in EAC is guided by Section 122 and Fourth Schedule of the EAC CMA.
The 38th RMC meeting referred the NTB on valuation to SCOC for consideration and resolution and report back to the next RMC 		 
NTB-001-244 6.5. Variable levies 2020-10-13 Uganda: URA Kenya New View
Complaint: Uganda is subjecting Kenya manufacture furniture to discriminative excise duty of 20% that it is not subjected to Uganda manufactured furniture.
Uganda is requested to remove the discriminative excise taxes on Kenya furniture transferred to Uganda as it is prohibited in the EAC Customs Union Protocol; Articles 1 and 75 (6) of the Treaty as well as Articles 15 (1) (a) and (2) of the Customs Union Protocol on National Treatment, and Article 6 (1) of the Common Market Protocol of the Community Laws.
The charges are also in violation of Article 10 of the Custom Union Protocol that obligates Partner States to remove all internal tariffs and other charges of equivalent effect. 		 
NTB-001-249 6.5. Variable levies 2025-02-04 Kenya: KRA Uganda In process View
Complaint: Excise duty being charged on onions, potatoes, potato crisps and potato chips transferred from Uganda to Kenya.
This means they are being treated as imports. This was effective 1st July 2022, at a rate of 25% imposed against the EAC CUP.
Kenya is requested to consider removing the excise duty with immediate effect 		 
Progress: During the RMC, Uganda submitted that the Law refers to imports, but Kenya is charging Uganda for transfers.
Uganda requested that Kenya to adhere to the definition of imports as per the EAC Laws and stop charging Uganda transfers. The NTB is to be resolved in the financial year 2025/2026. 		 
NTB-000-742 3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade 		2017-02-20 Uganda: Port Bell Lake port South Africa In process View
Complaint: Verification Agencies (SGS) apply standards that are higher than International accepted standards requiring additional tests and certificates which is of high costs. Additional tests include tests for copper, iron, manganese, lead and coliforms which are expensive tests adding to the costs of doing business. The additional tests last for a week in addition to the export process. The Agency offers Route B or C product registration. Product meant for Kenya, Tanzania and Uganda are tested once a year Route C is a security factory audit for wine export to the abovementioned countries  
Progress: This matter was brought to the attention of the Uganda Focal Points along the margins of the 23rd EAC NTBs forum on 6 May 2017 . Uganda private sector Focal Point reported that consultations had been initiated with the Ministry of Trade , Industry and cooperatives to try and resolve the matter amicably. They will provide feedback in due course .  
NTB-000-818 3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage 		2018-05-17 Botswana: Ministry of Transport 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. 		 
Progress: The Meeting of NTB-Market Access Task Force 18-20 March 2020 in Gaborone reported that MCBRTA standards agreed at the TSMCI of 31 October 2029 maximum vehicle height of 4.6m which will resolve this NTBs if South Africa complies with this standard.  
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-001-048 3. Technical barriers to trade (TBT)
B31: Labelling requirements 		2022-01-03 Tanzania: Standards Authority South Africa New View
Complaint: Vague Labelling requirement "Statutory Warning" Clause 12 (k), rejection of the UK Chief Medical Warning which is accepted in other African countries such as Uganda, Kenya without any objection in addition to their requirement.  
Progress: The stakeholder consultative meeting organized by the SADC Business Council which was attended by the concerned parties from South Africa and Tanzania and SADC Secretariat on 7 march 2022, agreed that the UK Chief Medical Officers Guidelines labelling should be retained (The UK Chief Medical Officers recommend adult do not regularly drink more than 14 units per week) provided that the Wine producer affixes an additional sticker which covers all missing information on the product package.
The additional sticker (label) should be legibly and indelibly marked.
The additional sticker should be submitted to the Tanzania Bureau of Standards for approval accompanied by the declaration letter from the Manufacturer stating that additional label originating from them and products imported in Tanzania will be labelled as such. 		 
NTB-001-108 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. 		2023-05-02 Kenya: Kenya Bureau of Standards South Africa In process View
Complaint: A South African Exporter has reported that the Kenyan authorities have issued notification on new requirements for exporters and importers to record all trademarks in aid to protect intellectual properties and prevent importation of counterfeit goods into Kenya under the Anti-Counterfeit Act, No. 13 of 2008. This requirement, while it is , has cost implications to the Wine industry of South Africa who have to incur additional costs to enforce it. Further, it is not clear how it will work in practice or how it will be managed especially that applications are done on line and that the registration has 1 year validity, after which it has to be renewed annually.The cost to record is estimated at USD25 000 for the Brands exported to Kenya. The exporters also have the same products analyzed by ISO 17025 labs and pay USD265 per container to confirm full compliance.

The Exporter is of the view that whenever products are to be exported, are certified by SGS as to who the proprietors of the products are. The annual required registration would result in increased cost of the products. 		 
NTB-001-168 3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons 		2024-05-14 South Africa: Maseru Bridge Lesotho New View
Complaint: We have been told by Port Health via SAHPRA that as per regulations 6 & 7 of the Medicines Control Act of 1965, we are no longer allowed to transport medications to our customers in Eswatini by road In- transit through South Africa. This is despite the fact that we have done so since May of 1990 up 13 May 2024. We have 2 order ready, packed and waiting to be supplied, but we are being prevented from making declarations to deliver to our customers.
This summary decision to prevent Trade with Eswatini is totally unacceptable. We ask for your help to resolve this issue urgently! 		 
Products: 3003.10: Medicaments containing penicillins or derivatives thereof with a penicillanic acid structure, or streptomycins or derivatives thereof, not in measured doses or put up for retail sale, 3003.20: Medicaments containing antibiotics, not in measured doses or put up for retail sale (excl. medicaments containing penicillins or derivatives thereof with a penicillanic acid structure, or streptomycins or derivatives thereof) and 3003.31: Medicaments containing insulin, not in measured doses or put up for retail sale  
NTB-001-193 3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products 		2023-12-10 Botswana: Instructions provided to the Rwanda's commercial agent based in Botswana Rwanda New View
Complaint: Requirement by Botswana authority in charge of food imports that Rwanda needs to provide a " Free Sale certificate" prior to exporting coffee to Botswana. The issue is that such certificate is not required in 20 countries where Rwanda is exporting coffee globally. In addition, there is no institution in Rwanda that issues such certification.  
Products: 0901: Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion.  
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: 1. 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.
2. In August 2019 Zambia Focal point reported that Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019 during which Zambia proposed to have the complaint removed from the online platform in view of the fact that the issue was now in the hands of COMESA Secretariat who are expected to facilitate the harmonisation of the SPS standards. However, Kenya was still of the view that the complaint be maintained on the platform. Zambia therefore sought the guidance of COMESA Secretariat whether it is in order to maintain an issue which has been determined to be a legitimate SPS requirement following a recommendation for COMESA Secretariat to facilitate the harmonization SPS standards.
3. On 30 July 2021, COMESA NTB Unit requested Kenya to provide progress on the request to furnish Zambia with testing methods as agreed during the 1st meeting of the COMESA NTB Forum in March, 2021.
4. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023 thatBoth countries to undertake verification missions between 27th – 30th November 2023. The Secretariat will provide support to Member States to undertake the activity
5. During the NTBs workshop, 17 – 19 April 2024 in Nairobi both countries agreed on the bilateral meeting for market access to increase trade between the two countries rather than focusing on this product.
6. On 17th June 2025, the two Member States convened a bilateral meeting where both Member States agreed that there was a need for a technical review of the documentation (Standards, audit and other reports) that had been prepared towards resolution of the NTB to inform the way forward on the resolution.
i. Kenya and Zambia to provide information on their milk standards for the review by the Technical Committee to prepare a concept note for the next bilateral meeting by August 2025..
ii. Secretariat to share reports and documents that can help with the resolution of the milk NTB including records of initiatives undertaken to resolve the issue in the past by August 2025.
iii. Both Member States to submit names of experts to be members of the Technical Committee to develop a technical brief for consideration by the next bilateral meeting by August 2025.
iv. Technical Working Group to examine the provisions on the conformity requirements in the standards for raw milk and UHT (finished product) and make recommendations to the next bilateral meeting, by September 2025. 		 
NTB-001-286 5.10. Prohibitions 2025-05-23 Tanzania: TBS Kenya New View
Complaint: Tanzania ban of Kenya juice products with Sugar and Nonnutritive sweetener combination. Kenya products are being seized from retail customer outlets.

This restriction of market access is going against the spirit of the SQMT Act as the products has the KEBS standardization Mark manufactured using the EAC harmonised standard that allows for sugar reduced drinks. 		 
NTB-000-745 6.1. Prior import deposits and subsidies 2017-01-19 Zambia: Kazungula Ferry South Africa In process View
Complaint: “SARS received an escalation in January 2017 from Deloitte, regarding a complaint by fuel exporters from South Africa. The complaint is regarding Zambia Revenue Authority (ZRA) Circular No. 9 of December 2016, notifying its officers “that all fuel imported from South Africa under preferential arrangements should be subjected to payments of a monetary deposit equivalent to the full customs duty payable.

The modalities of collection of the said deposit will be temporarily suspending both SSA and SDC preferential rates against goods of HS 2710.12.10 and 2710.19.10 until the Origin verification process is finalised”.

SARs is of the view that the collection of the monetary deposits on fuel imported from South Africa is against the spirit of the SADC Protocol on Trade and the WTO, as this treatment applies only to oil imported from South Africa. It pre-supposes that the ZRA is nullifying the SADC Protocol on Trade relating to those specific products without following the proper procedures regarding derogation on infant industries.

SARs has tried several times to get answers from Zambia Revenue Authority (ZRA) to explain their reasoning behind the circular and so far, they have not provided any correspondence to this matter. 		 
Progress: 1. On 25th January 2018, Zambia Focal Point reported that the deposit was a temporal measure pending origin inquiry. The inquiry has reached advanced stage and will soon be concluded and stakeholders will be fully advised on the way forward. This is consistent with the provisions of the protocol on trade which allow for collection of such deposits where necessary, while origin verification is underway.

2. During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017, Zambia reported that consultations will be undertaken with relevant authorities and report back.
3. During the 2nd Meeting of the COMESA NTBs Forum, Zambia reported that the 33rd Meeting of Ministers of trade held in Malawi from 4th to 9th July 2022 resolved that Zambia submit correspondence to RSA on readiness to grant preferential treatment for petroleum products from NATREF (Sasol, Total, Puma). Zambia has complied with the directive, hence no deposits on imports of petroleum products from RSA under preferential treatment is being collected 		 
NTB-000-982 1.4. Preference given to domestic bidders/suppliers 2020-08-24 Botswana: Ministry of Trade and Industry Zimbabwe In process View
Complaint: On 24 August 2020, Botswana’s Ministry of Investment, Trade and Industry released a statement that the country would be restricting the importation of baked goods. This will affect products such as pastries, cookies, muffins and other products derived from some form of grain.
The statement was supported by S.I 102 of 2020. The Botswana’s Ministry of Investment, Trade and Industry highlighted that the move is meant to protect the domestic producers. 		 
NTB-001-059 7.10. Other 2017-03-07 South Africa: Botswana New View
Complaint: A Botswana based company, MOTOVAC reporting challenges is struggling to get payment of its Value Added Tax (VAT) import refunds from the South African Revenue Services (SARS) in time. It is reported, VAT refunds are not processed by SARS. The outstanding payments date back as far as 2017 with the company owed BWP 3,528,278.07 in VAT refunds by SARS.

  
NTB-001-180 1.15. Other 2024-06-17 South Africa: Maseru Bridge Lesotho New View
Complaint: MG Health Ltd cultivates and manufactures cannabis products for the European market. We started exporting Cannabis and transiting via Maseru Bridge since September 2020. On the 17 July 2024, after getting all export documents and submitting them to SARS on the South African side we were informed that Cannabis cannot be exported via Maseru Bridge as it not amongst designated ports according to South African law. MG Health's truck was then returned to Lesotho.
MG health initiated Meetings thereafter and the response that MG Health received was that this practice that MG Health and others who are in the same industry are accustomed to was a measure adopted during COVID-19 restrictions. It was explained to SARS that Lesotho is landlocked as a result the consignment will have to be flown out to get to OR Tambo. Secondly, given the quantities that are exported, using available flights will require multiple flights for just one consignment thus making the export process difficult and expensive. SARS response was that Medical Cannabis must be exported using designated ports irrespective of whether it is in transit or it is being exported to SA as the SA law is very clear on this matter and MG Health cannot make reference to Article 16 SACU Agreement. 		 
Products: 5302.90: True hemp "Cannabis sativa L.", processed but not spun; tow and waste of hemp, incl. yarn waste and garnetted stock (excl. retted hemp)  
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