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
Check allUncheck all		 Date of incident Location (additional)
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status
 Actions
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-001-147 2.2. Arbitrary customs classification 2023-10-17 Kenya: Namanga Tanzania New View
Complaint: Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price.  
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 New 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 		 
Progress: This is a Regulatory NTB  
NTB-001-137 1.7. Discriminatory or flawed government procurement policies 2023-09-04 Rwanda: Rwanda Revenue Authority Kenya New 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.
  
NTB-001-133 5.5. Import licensing requirements 2023-08-15 Uganda New 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-001-141 5.5. Import licensing requirements 2023-08-15 Uganda New 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-001-120 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.  
NTB-001-134 2.6. Additional taxes and other charges 2023-05-08 Kenya: Egypt New View
Complaint: The Middle East Glass Manufacturing Company and its subsidiaries: 1) Misr Glass Manufacturing and 2) Middle East Glass Containers in Sadat. Being largest glass container manufacturer in the Middle East & North/East African region located in Egypt. The company has maintained strong business relation with Republic of Kenya over the last decade(s) being key glass supplier for more than 12 years to most of big manufacturing companies (some of them are big multinational companies) with superior track record of commitments in terms of quality standards and satisfying customer demands, continuity of supply, meeting their expectations and needs of glass container.
Egypt is member state of COMESA trade agreement (Common Market for Eastern and Southern Africa), which support enhancing the relation and volume of trade between the company and Kenyan customers. Below table shows the amounts that has been exported to Kenya in the last 5 years:

2019 = US$ 10,325,336
2020 = US$ 10, 929, 362
2021 = US$ 8, 122, 525
2022 = US$ 8, 848, 972
2023 = US$ 7,322,062

Starting March 2020, Kenya has applied Extra Excise of 25% on all imported glass bottles (excluding pharmaceutical glass bottles) – copy attached - which limit the advantage given to all COMESA countries. This law has been already appealed by other glass container manufacturer in Tanzania and they successfully were able to remove it.
In addition, Starting September 2023, Excise duty applied on imported glass bottles has been increased to be 35% instead of 25% with no clear reason or justification. This additional duty applies by the Finance Act No. 4 of 2023 – copy attached - has prevented Middle East Glass from its fair competition against other glass manufacturers in the region and also against the agreement of COMESA.
We believe the main reason behind all these amendments is to support the local producer Milly Glass Works Ltd. Address: Liwatoni Road, Mvita, Road, Mombasa, Kenya, Near the Mombasa Yacht Club.
Hence, we seek support to waive all the glass exported from Egypt to Kenya from implementation of the excessive Excise Duties similar to the case of Tanzania case. 		 
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-001-117 2.10. Inadequate or unreasonable customs procedures and charges 2023-05-02 South Africa: Maseru Bridge Lesotho In process View
Complaint: We have done trade with Eswatini for 33 years and tried to be fully compliant with SARS, but they keep changing the rules and moving the goal posts. We have paid R709,000-00 in provisional VAT taxes that have not been returned to my Company via our clearing agent, Kayhil Freight. Kayhil Freight says that SARS is not processing the acquittal documents and paying them. I do not know who is telling the truth, but we remain short on cash flow by R709,000-00 despite submitting each acquittal on time and without fault. SARS officials are now insisting on Removal in Bond licenses for us to use our own vehicles to deliver to customers in Eswatini, and as such we are not allowed to cross the border. We have been charged Penalties, despite trying to follow the rules imposed by SARS. Please help us we are desperate.  
Progress: 1. SADC Business Council made follow up with affected company Tripharma which reported that the first aspect of reimbursement for provisional taxes paid is being addressed through their agent Kayhil Transport. However, the issue of how the company could access bond security has not been resolved. On the issue of not being able to transport goods through South Africa, the company provided clarity that the problem is in the delay of issuing of licences for their vehicles. A request for a meeting with SARS was submitted to address both concerns.
2. On 2nd August 2023, South Africa Focal Point reported that all the refunds for Kayhil were paid to them directly in 2021, as Kayhil was a clearing agent for Mr Craig Smith's company. SARS has provided Kayhil with proof of these payments to ensure transparency and accountability.
Concerning the penalty issued to Tripharm/Kayhil, the penalty was issued after a documentary inspection that was conducted at the port entry, Maseru Bridge, on the goods that were in transit from Lesotho to Eswatini. Upon inspection, it was found that Tripharm/Kayhil contravened Section 64D(1) read with 60(1) of the Customs and Excise Act No. 91 of 1964 as amended, as Tripharm did not have a licensed remover of goods. 		 
Products: 3003.90: Medicaments consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. antibiotics containing hormones or steroids used as hormones, but not containing antibiotics, al  
NTB-001-124 2.3. Issues related to the rules of origin 2023-05-01 Tanzania: Namanga Kenya In process View
Complaint: URT denial of preferential Treatment to Motorcycle Accessories exported to TZ by Silverline Accessories LTD in Kenya. URT is charging full CET despite the exported spares having the EAC Certificate of origin confirming that the spares have been manufactured in Kenya and qualify for the EAC preferential treatment. In addition, URT have declined to respond to interventions by the Kenya Revenue Authority and the EAC Secretariat.

We request URT to grant preferential treatment to Motorcycle Accessories exported by Silverline LTD in Kenya and incase URT have any doubts on the origin they should facilitate delivery of the goods and follow the ROO/protocal/EACCMA procedures to verify & ascertain their concerns. 		 
NTB-001-109 2.6. Additional taxes and other charges
Policy/Regulatory 		2023-04-04 Kenya: Namanga Tanzania In process View
Complaint: Discriminatory excise duty  
<< Previous 1 2 3 4 5
Contact us |  Related terms

Maintained by: Octoplus Information Solutions
African Development Bank
COMESA-EAC-SADC
COMESA-EAC-SADC