Active complaints

Showing items 1 to 20 of 88
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status
Actions
NTB-001-156 8.7. Costly Road user charges /fees 2024-03-09 Rwanda: Rusumo Tanzania New View
Complaint: Republic of Rwanda is charging USD 270 from Rusumo border to Kigali which is equivalent to USD 80.83 per 100KM, while Tanzania is charging USD 10 per 100KM.This is against the agreed principle of distance x weight for transit vehicle.  
NTB-001-152 8.8. Issues related to transit 2024-02-07 Tanzania: Dar-es-Salaam Port Zambia New View
Complaint: All the Private Inland Container Depot Operators at Dar Port are refusing to discharge the vessel Ladonna MV for onward delivery of shipment to Zambia and DRC. Private Inland Container Depot Operators that were willing to discharge the vessel have been threatened by trading competitors to the current vessel owner/trader who is a new entrant in the regional market with total loss of current business if they discharged this vessel Dar Port. This is a clear violation of the WTO-TFA (World Trade Organization Trade Facilitation Agreement), AU (African Union), Comesa/SADC Regional protocols and agreements as well as individual Bi-lateral agreements relating to Trade Facilitation. Zambia has worked hard to secure this business to supply chemicals to the World Largest Copper Producer DRC in order to boost regional exports and promote continental economic growth. However, the private sector in Tanzania are now blocking these efforts despite the government working so hard to restore Dar Ports Image as the preferred port of choice on the Eastern Coast of Africa. These actions have potential to make serious negative impact to all 3 countries Tanzania, Zambia & DRC and overall the African Continent and therefore should be addressed to minimize the high costs of doing business.  
Products: 2503: Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur.  
NTB-001-153 2.3. Issues related to the rules of origin 2024-01-26 Zambia: ZAMBIA REVENUE AUTHORITY Tanzania New View
Complaint: The ZB Card company shipped a shipment to Zambia at the end of January which is subject to the original SADC laws. When you arrived at ZRA, they refused to allow it, claiming that the HS Code is incorrect, so they ordered ZB Card to change it. ZB Card did that but ZRA has rejected the CoO claiming that it is not authentic. We have contacted TCCIA so that they can confirm its authenticity and TCCIA has done so but since 10/02/2024 there has been no success  
NTB-001-149 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-24 South Africa: Durban sea Port Lesotho In process View
Complaint: Pls see below container No. which is to be stopped by Sars.
RSU6006851 Case No.: 480928296 Vessel will berth on 27/11

As you know all vessels in Durban delayed so long more than one month. There are Fabric and Accessaries in this container. We urgently need the Fabric and Accessaries from our import containers for export. Pls kindly urgently help to release the container.
Highly appreciated
 
Progress: 1.Lesotho Focal Point reported that there was little communication from SARS on why the containers destined to Lesotho are detained. These are inputs that are used in production and such delays affect production timeframes and losses.  
Products: 6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted  
NTB-001-148 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-23 South Africa: Durban sea Port Lesotho In process View
Complaint: Pls kindly see below containers that are to be stopped by SARS.
1. MSKU0755208(Case No.: 480816390), vessel will berth on 27/11
2. MRKU3124436(Case No.: 480819630), vessel will berth on 27/11
3. NYKU4442550(Case No.: 480020360), vessel will berth on 3/12
4. BSIU9818016 (Case No.: 480069900),vessel will berth on 3/12

As you know all vessels delayed so long more than 1 month. Our productions are waiting for the materials. We urgently need all the materials for the garments of export. Pls urgently help to release all these containers.
Highly appreciated
 
Progress: 1. On 29th November 2023, South Africa Focal Point reported that the NTB is still been considered by SARS office. SARS will provide feedback when the investigation is completed.  
Products: 6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted  
NTB-001-150 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-12 Lesotho: DURBAN PORT South Africa New View
Complaint: THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME  
NTB-001-144 2.13. Issues related to Pre-Shipment Inspections 2023-11-10 South Africa: Durban sea Port Lesotho New View
Complaint: The Release Documents is 7 days prior to vessel arrival because of cargo dues and upon receiving Arrival Notice. The EDI document was sent for release on the 9th of November 2023 the query came in on the 10th of November 2023, and normally it would be released in less than 6 hours but up to date it hasn't been released. We need the import urgently to be released in order to avoid any delays with our Export Orders.  
Products: 6006.32: Dyed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long and 6006.34: Printed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "lo  
NTB-001-155 2.6. Additional taxes and other charges
Policy/Regulatory
2023-11-03 Egypt: Egyptian Tax Authority Zambia New View
Complaint: On November 3, 2023, the Egyptian Official Gazette published Law No. 177 of 2023 amending provisions of the Value Added Tax Law promulgated by Law No. 67 of 2016, including the provisions related to the tiers of cigarette taxation. The amendments to Serial 1/B of Law No. 177 of 2023 bluntly prohibits imported cigarettes from of the first tier and restricts them to “cigarettes produced by local factories”, which favors and gives preferential treatment to local products.

It is worth noting that the addition of the aforementioned provision has significant repercussions on the competitive ability of other companies, especially that the first tier has the lowest priced cigarettes in the market and are more economical for citizens. Consequently, this contradicts COMESA national treatment article, causing harm through the discrimination of specific products that may lead to market monopolization.

Various companies manufacture their brands in factories in COMESA member states and import and sell it in Egypt. However, the recent tax amendments that imposed a value-added tax on low-priced cigarettes prevent companies from importing cigarettes and limits sales to local production.
 
NTB-001-146 2.8. Lengthy and costly customs clearance procedures 2023-11-01 Mozambique: Maputo Port Zimbabwe In process View
Complaint: Our Company , Blackwood Hodge Zimbabwe , (PVT. LTD) have been importing Vehicles using Maputo Port and never had challenges with customs since all paper work and documentation is always in order .We are the official distributors of Tata Motors commercial Vehicles here in Zimbabwe. We are a registered company here in Zimbabwe since 2007 and Trading as Blackwood Hodge Zimbabwe limited.
As per our supplier Invoice number 750966093 and BL number MOLU18005431182 DT. 30.09.2023 for one Unit LP 909 40-Seater Bus with Chassis number MAT382042P8R10426 was dispatched from Mumbai port, India via Vessel Eternal Ace to Maputo Port. The Vessel was docked on date- and all the Relevant procedures were done by our representative Payflex Trading Lda RUA ROMAO FERNANDES FARINHA NO:75 1ST FLOOR SUITE NR. 8ALTO MAE B. MAPUTO MOZAMBIQUE NUIT: 400379394 GIVEMORE GURI MOB 879304844 / 849304844.

We are writing to report serious challenges we are facing from the office of the Customs Director, Southern Region Director (DRS) which authorises the release of the bus.
Our bus is now being held by Customs at Maputo port, in our view, without any valid reasons and now we might be facing legal action for fraud from our customer who placed an order for bus and paid us 50% deposit as well. Pls note this bus is for Ministry of Education of Zimbabwe -Bulawayo Polytechnic.
The customs office has been holding on to the clearing process for over 3 weeks and is not communicating the reasons for the delays to us the importer . Our bus belongs to Bulawayo Polytechnic (which is under ministry of Education here in Zimbabwe) and all documents are in order. This incident has caused our Business a Loss of sale as well as hampered our reputation in the market. Also, we should note that this bus was one of the first buses we were to supply to Ministry of Education in Zimbabwe. Unfortunately, the Director has refused to release our in-transit cargo to Zimbabwe.
we have attached documentary evidence and report from our Maputo Agents explaining what transpired in detail for your urgent / immediate actions.’
 
Progress: On 5th December 2023, the SADC NTB unit submitted following report from the Directorate of Customs ,Mozambique :
Through Customs Broker Florentina Virgilio Alberto Zunguze, a customs transit declaration was submitted with no. 23362286972, together with a Delivery Order with no. 23/346, dated October 25, 2023, passed by Manica Freight Services Moç a favor of Blackwood Hodge (Zimbabwe) PVT Ltd; a provisional License with no. 05 through which the Maritime Transport Institute authorizes Payflex Trading Lda to carry out the activity of Freight Agency in International Transit; a commercial invoice with no. 750966093, dated 30.09.2023, in favor of Blackwood Hodge (Zimbabwe) PVT Lda and B/l with no. MOLU18005431182.
By Law
The customs transit of goods in Mozambique is supported, among other legal provisions, by the Customs Clearance Regulation of Goods approved by Ministerial Diploma no. 51/2019, of 24 May and the Customs Transit Regulation approved by Ministerial Diploma no. 116 /2013, of August 8, as highlighted by Service Order No. 06/AT/DGA/410/2021, of February 24, a copy of which is attached.

From our appreciation
The confusion created by the Forwarder with the connivance of the Shipping Agent immediately becomes apparent, taking into account that the same merchandise has as a party to notify two different people, in this case Blackwood Hodge (Zimbabwe) PVT Lda, according to the notice of arrival and Payflex Trading Lda, according to the B/L;
Another aspect worth highlighting is the fact that there are forged documents, with the sole aim of guaranteeing benefits within the scope of the traffic regulations, since strictly speaking, the B/L must be issued in accordance with the data contained in the manifest of cargo delivered by the ship's captain in view of the tax entry, therefore, changes made by the shipping agent are not permitted, as is the case in this case;
On the SeW platform, the declaration was rejected due to this procedure being considered incorrect and, to a certain extent, criminal, if any malicious intent is proven in the change made by Manica Freight Services Mozambique
 
NTB-001-136 2.6. Additional taxes and other charges 2023-10-03 Tanzania: TRA Kenya Complaint registered with REC View
Complaint: URT Denial of preferential Market Access for Kibo Motorcycle transferred from Kenya into URT. URT is instead demanding for full CET instead of granting the preferential treatment as the motorcycle has been accompanied with the certificates of Origin. We urge URT to grant preferential treatment to Kenya manufactured motor cycles.  
NTB-001-143 3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory
2023-09-22 Kenya: Namanga Tanzania In process View
Complaint: The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.

The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.

Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.

The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.

Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.

Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania
 
NTB-001-151 8.8. Issues related to transit 2023-09-13 Mozambique: Beira Port Malawi New View
Complaint: The Malawi pigeon pea export consignment to India has been detained at Beira port in Mozambique for the following reasons:
1. 275Mt for Grey Matter - Investigation on issues of origin. However, the consignment bears Malawi custom seals and documents, emphasizing its Malawi origin.
2. 1500MT for Africa Fertilizer Ltd – Rules regarding fumigation. All the consignment loaded in trucks in Malawi, and stuffing was done in containers in Beira.
3. 3275MT for Afrisian Ltd – Customs verification if the cargo is in transit.
 
NTB-001-137 1.7. Discriminatory or flawed government procurement policies 2023-09-04 Rwanda: Rwanda Revenue Authority Kenya In process View
Complaint: Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya

The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda.
 
Progress: 1. In November 2023, Rwanda Focal Point reported that they were consulting relevant institutions on this specific case, and would provide feedback soon
2. On 20 March 2024, Rwanda Focal Point provided following feedback :
According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectionaries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn
 
NTB-001-141 5.5. Import licensing requirements 2023-08-15 Uganda In process View
Complaint: SOUTH SUDAN IS IMPOSING EXTRA LICENSING REQUIREMENTS ON IMPORTS.
On August 15, 2023, the South Sudan government, represented by the South Sudan National Bureau of Standards, issued a memo affecting importers in the country. The memo stipulates that all food items imported into South Sudan must be accompanied by a Certificate of Conformity (CoC), which includes an attached Certificate of Analysis from a reputable laboratory. This new requirement has several implications like Extended Process Duration, Business Impediments among others.
 
NTB-001-127 8.8. Issues related to transit 2023-07-25 Mozambique: Beira Route Malawi In process View
Complaint: Professional Drivers Union in Malawi are concerned with reduced transit limit time to 21hrs by Mozambique - Initially the transit time was 72hrs. This change brings about healthy and safety concern to drivers. Drivers are concerned on road conditions, mechanical faults and time to rest on the road which makes it difficult to meet this newly set time limit. They opt for the 72hrs as it were because this time limit gave an allowance to delays encountered in transit and it was good for safe driving.  
NTB-001-128 2.4. Import licensing 2023-06-23 Zimbabwe: Johannesburg/Pretoria South Africa In process View
Complaint: Reference is made to a resolved complaint with number NTB-000-966, which pertained to a problem with import licensing requirements into Zimbabwe.

The complainant was a Zambian exporter of yeast that was experiencing challenges in obtaining import permits from the Authorities in Zimbabwe, which permits were not issued when requested. This complaint is similar to the problem experienced by Rymco (Pty) Ltd, trading as Anchor Yeast, being hindered in exporting yeast from South Africa to Zimbabwe.

The date of resolution is indicated as 06 April 2023. A status note pertaining to the complaint reads as follows: “During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import license. This NTB was therefore resolved.”

South Africa requests confirmation on whether the lifting of the import licensing requirement on yeast also applies to SADC countries, specifically South Africa.
 
NTB-001-119 2.8. Lengthy and costly customs clearance procedures 2023-06-12 Democratic Republic of the Congo: Zambia New View
Complaint: The Ministry of Commerce, Trade and Industry is in receipt of a complaint made by the SADC Truck Drivers Association with regards to protest by truck drivers at all Borders with DRC that they are experiencing cumbersome payment procedures for the scanner at Mutaka -($100) and forced parking at a fee of ($30). This has led to congestion (long queues) subjecting drivers to untold misery such as; no sanitation, long delays, on average by 8 days and serious security concerns.  
Progress: On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.  
NTB-001-120 7.5. Lengthy procedures 2023-06-12 Democratic Republic of the Congo: Zambia New View
Complaint: SADC Truck drivers at all Borders with DRC are experiencing cumbersome payment procedures for the scanner costing $100 and forced parking costing $30 which has led to congestion (long queues) subjecting drivers to as; no sanitation, delayment on average by 8 days and serious security concerns; and Delayed document processing by mining houses i.e. It takes an average of 14 - 30 days to be cleared after loading.  
Progress: 1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Zambia reported that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC). Zambia reported that they were waiting for official communication from DRC confirming suspension of scanner charges .
 
NTB-001-125 2.8. Lengthy and costly customs clearance procedures 2023-06-01 Democratic Republic of the Congo: Malawi In process View
Complaint: Cross Border truck drivers from Malawi, Zambia and other COMESA Member States face cumbersome procedures of clearing goods and other transit issues at the relevant border post in the Democratic Republic of Congo (DRC). In particular the following is reported:
1. Scanner at Mutaka- Cumbersome payment procedures for the scanner ($100) and forced parking ($30) which has led to congestion for the drivers as well as serious security concerns.
2. Unnecessary stoppages along Kasumbalesa-Kolwezi Corridor causing massive delays.
3. Delayed document processing by Mining houses.
4. Unfair treatment of drivers in an event of accidents, sickness and death.
 
Progress: 1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Malawi reported that stakeholders were still experiencing the challenges but conformed that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC).
 
NTB-001-118 8.7. Costly Road user charges /fees 2023-05-16 Democratic Republic of the Congo: Mitaka, Lualaba province Democratic republic of Congo Namibia In process View
Complaint: DRC authorities in Mutaka, Lualaba province are charging 100 United states dollars for scanning each commercial truck loaded with cargo.

Cumbersome barriers, lengthy procedures have caused unprecedented congestion of hundreds of trucks in Mutaka area.

Truck drivers no sanitation, no wellness facilities, power security. One truck driver died in his truck on the due to Kasumbalesa border.
 
Progress: 1. On 22 May 2023, DRC Focal Point reported that the complaint had just been submitted to the competent service (Ministry of Foreign Trade) and that investigations would be undertaken as soon as possible for resolution.  
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