Active complaints

Showing items 1 to 20 of 66
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
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Reporting country or region
COMESA
EAC
SADC
Status
Actions
NTB-000-891 2.8. Lengthy and costly customs clearance procedures 2019-04-09 South Africa: Cape Town Eswatini In process View
Complaint: SARs stopped containers for inspection and are demanding proof of payment from consignee/buyer to the exporting company (Supplier) for the goods in transit to Eswatini. The affected company, Long Wei Investments are experiencing delays and incurring storage and demurrage charges at the port of discharge in Cape Town. SARS has withheld the consignment for over seven days from 9th April 2019. SARs are asking for different documentation at different times and dates thereby further delaying the inspection process and release of the consignments. The affected products are on Bill of Lading No. COSU6198384160  
NTB-000-836 2.6. Additional taxes and other charges
Policy/Regulatory
2018-10-26 Tanzania: Tanzania Dairy Board Rwanda In process View
Complaint: Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.

Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).

This is a total ban since milk imported cannot compete with the local one.
 
Progress: 1. The meeting reviewed the list of other charges of equivalent effect imposed on dairy products and noted that not all Partner States submitted the relevant charges as directed by SCTIFI. It was recommended that PS should forward the charges to the Secretatiat for compilation and harmonization.
It was noted that most of the charges are not customs-related and there is need to write through MEAC for ministries of Agriculture and Trade to facilitate provision of the information. The Forum directed the Secretariat to officially re-write to Partner States requesting for all the information on diary charges applied on imported processed milk by 30th May 2018. The Secretariat wrote to the Partner States and Partner States are yet to respond.
The Meeting of SC on Trade recommended that Partner States should submit comprehensive charges imposed on milk and milk products to the Secretariat by 30th November 2018.
2. In the Miisterial bilateral meeting held on 19 December 2018 URT reported that it is taking steps to harmonize fees and charges in order to facilitate trade, in line with the directive of H.E the President of URT to ease the doing business environment. Regarding the delays, URT indicated that they have received testing kits and as result, food and drug tests will be conducted at the border within one hour depending on the que. URT to communicate the implementation timelines by June 2019.
3. During the regional monitoring committee meeting held from 29 April - 3 May 2019, the Secretariat reported that they had sent a letter to Partner States to submit the additional charges for harmonization.
 
NTB-000-857 8.3. Immigration requirements (Visa, travel permit) 2018-10-01 Tanzania: Kilambo Burundi In process View
Complaint: Tanzania charging of Business Visa of USD 250 to EAC business persons entering URT charged as Certificate of Temporary Assignment (CTA) at all borders  
Progress: 1. Tanzania reported that the charge is not for VISA but it is a fee on a pass.The fee is charged on persons coming in Tanzania to perform temporary assignments (economic activities and professional services) such as consultancies. The Meeting urged the URT to waive the fee for East African citizens as per Regulation 5 of the EAC Common Market Protocol.
2. During the Regional Monitoring Forum held on 29 April - 3 may 2019,URT informed the meeting that this fee is charged on persons coming in to perform temporary assignments (economic activities and professional services) such as consultancies.The Meeting urged the URT to waive the fee for East African citizens as per Regulation 5 of the EAC Common Market Protocol
Recommendation:
The EAC Secretariat to convene by September, 2019, a meeting of Ministries home affairs, chiefs of for Immigration, and Ministries responsible for Trade to handle matter as it affects both trade in goods and services
 
NTB-000-832 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-28 Mauritius In process View
Complaint: All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa?

 
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-831 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-07 Kenya: Mombasa sea port Mauritius In process View
Complaint: Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar.
 
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-830 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-07-16 Botswana: Martins Drift Zambia In process View
Complaint: A Zambian Registered Tanker carrying sulphuric acid from South Africa was weighed at the Martins Drift weighbridge with the following axle masses: Steer axle - 5200 kg (legal limit 8000 kg); Drive axles - 18200 kg (legal limit 18000 kg); Trailing axles - 22800 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 900 kg on the driving axle set. The weigh bridge official instructed the Driver to Park telling him that his driving axle was overloaded without the application of the 5% tolerance. It is observed that only at this weigh bridge there is no application of the 5% tolerance. In the spirit of harmonization South Africa, Zambia and Botswana the legal limits are the same with a 5% tolerance except at Martins Drift weighbridge. Kindly assist to resolve this issue at Martins Drift which is causing unnecessary loss of transit time and charges. Please note that this is not a one off incidence.  
NTB-000-829 2.4. Import licensing 2018-07-13 Zimbabwe: Ministry of Industry & Commerce and Enterprise Development Mauritius In process View
Complaint: We, Soap & Allied Industries Ltd, Mauritius have shipped under the BL no. MEDUPL008430 & Comesa No.487/18 & BV CoC No.ZWE 2018 206608 / 0001 of 3 FCL of Detergent Powder since 19th June 2018 and reach on 13th July 2018, Our end consignee MEGA MARKET PVT LTD, Mutare, Zimbabwe has already apply for an Import permit month back which same use to be release within a week time.
Unfortunately they still awaiting for the permit for releasing of these FCL till now.
The Detention fee and storage charges incured are too much due to extended days and these will affect the selling cost for end customer as they are not able to clear out the goods.
Note: 3 more FCL of the same products already depart from Mauritius on 08th July 2018 and closed to reach.
We wish to have your attention on that issue and your kind consideration for the smooth doing business between both countries under the proper condition and trade agreement.
We request Zimbabwe to kindly consider on Urgent basis to assist our customer MEGA Market PVT Ltd to obtain the license so that the goods can be cleared.
 
Products: 3402.20: Surface-active preparations, washing preparations, auxiliary washing preparations and cleaning preparations put up for retail sale (excl. organic surface-active agents, soap and organic surface-active preparations in the form of bars, cakes, moulded piece  
NTB-000-892 2.8. Lengthy and costly customs clearance procedures 2018-07-01 Kenya: Namanga Tanzania In process View
Complaint: KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. Therefore to clear 100 trucks it cost Kshs 850,000/-.
 
Progress: Kenya Focal Point informed the 27th meeting of the RMC that Kenya would carry out investigation and submit their findings .  
NTB-000-823 2.6. Additional taxes and other charges 2018-06-01 Botswana: BURS, BOTSWANA RECEIVER OF REVENUE South Africa In process View
Complaint: Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34
 
NTB-000-818 3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage
2018-05-17 SADC 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.
 
NTB-000-889 2.14. Other 2018-04-05 Mozambique: Delegação Aduaneira de Zobwe Malawi New View
Complaint: The Ministry of Industry, Trade and Tourism received a complaint from Limbe Leaf Tobacco Company Ltd of a Non-Tariff Barrier imposed by Mozambican Customs Authorities at Zobue Border Post.

The company reported that Mozambique Customs Officials are demanding that containers carrying processed tobacco transiting through Mozambique should be opened after passing through Zobue Border Post.

Once the container is opened for physical inspection, customers (buyers of tobacco) demand that the exporter should get an official letter from the Mozambique Customs Officials. Unfortunately, Mozambique customs authorities have not issued documents nor provided formal reports stating the occurrence of the inspections and confirming changes in seal numbers once an inspection has taken place.
 
NTB-000-816 1.1. Export subsidies 2018-03-01 Tanzania: Tanzania Revenue Authorities Kenya In process View
Complaint: LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA  
Progress: 1. The EAC Secretariat through the letter C&T 2/2/3 dated 13th March, 2018 advised and notified the Customs that confectionaries manufactured in Kenya using materials of any heading except that of the product, qualify under EAC Rules of origin, 2015 and should be accorded Community Preferential Tariff Treatment when transferred to another Partner State.
2. Tanzania wrote to the EAC Secretariat informing the reasons for their reservations for not granting preferential treatment to confectioneries from Kenya. URT proposed that this matter be taken back to be considered by experts (KRA and TRA).

Kenya reiterates that a verification mission was conducted in June 2018 as directed by SCTIFI. The report, which was signed by Partner States who participated in the verification mission including the United Republic of Tanzania, confirmed that Kenya confectionary producing companies verified, did not benefit from sugar imported under zero duty.
Kenya’s position is that the United Republic of Tanzania accords community market access as per the findings of the verification report without further hindrance or condition. The Republic of Kenya does not find merit in the second verification proposed by the United Republic of Tanzania.
The SCTIFI meeting agreed to escalate the issue to the EAC Council of Ministers to be held in November, 2018 for guidance.
3. This matter was discussed by . the Ministerial Bilateral meeting held on 23- 27th April 2019 and the two Partner States agreed to have another verification in a moths time , ( May 2019).
 
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi In process View
Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
NTB-000-802 2.6. Additional taxes and other charges 2018-02-28 Zimbabwe: Ministry of Industry & Commerce Zimbabwe Malawi In process View
Complaint: CORI Ltd visited Zimbabwe last year to explore their local market to check if there is potential for their products (cooking oil). CORI Ltd discovered that they could not export cooking oil into Zimbabwe as the government in Zimbabwe has instituted Statutory Instrument (S.I 64) that banned imports of a variety of products (cooking oil is one of them).

Zimbabwe also has 40% (or $0.50/litre) duty on cooking oil imports
 
Progress: On 3rd April 2018, Zimbabwe Focal Point reported that SI 64 of 2016 has been consolidated with other SIs through SI 122 of 2017 which was gazetted on 22 September 2017. The consolidated SI removed the requirement for import and export licences on some products. The new requirements of SI 122 of 2017 will be recorded in the Non Tariff Measures database for Zimbabwe  
NTB-000-803 2.6. Additional taxes and other charges 2018-02-28 Tanzania: Importation into Tanzania Malawi In process View
Complaint: CORI Ltd visited Tanzania last year to look for export markets for cooking oil in Tanzania. CORI was informed that the government in Tanzania does not promote/support importation and that Tanzania has a 15% surcharge on the importation of cooking oil.  
NTB-000-797 1.14. Lack of coordination between government institutions 2018-01-02 South Africa In process View
Complaint: Distell, a Tape Town based exporting company is experiencing delays and high costs of processing SAD500 entries and SADC certificates for their wine exports to Zimbabwe. The current procedure where the Distell driver cannot take the SAD500 entry and SADC certificate to Customs to have it stamped and signed over the counter is cumbersome and costly for the company. The company has to wait for at least 2 days for either the release notification or the stamped and signed SADC certificates. This leads to the truck waiting at the depot for the documents, which results to either standing time cost at the depot or standing time at the border.
The requirement is as follows: Distell Company loads Bulk orders in Tanktainers and Drums from Monis in Paarl or Adam Tas in Stellenbosch, Cape Town which goes by road to Zimbabwe. Currently export documents can only be done by the Freight forwarder immediately after the Tanktainer or Drums are loaded. Export documentation cannot be processed earlier, as company has to wait for the final weight loaded into the truck. The alternative method to use flow meters and cut off the loading on a specific amount of liters is used because it is does produce accurate measurements.
Actual Current process for Bulk - Tanktainers (Tankerservices transport)
- Truck to be arranged for loading very early on a Tuesday morning @ 07:00am
- Most of the time 2 to 3 truckloads which will load one after the other.
- The following is all also done on the Tuesday:
o The wine is loaded.
o Distell invoices and forward the relevant documentation to Imperial Logistics in Johannesburg.
o Imperial Logistics processes the Customs entry via EDI.
- Once EDI release is received (after at least 2 days), Imperial Logistics sends the Release notification via e-mail.
- Distell advises Tanker Services to collect the relevant documentation and leave for the border.
- Imperial Logistics will have the SADC certificate stamped at the border.
- Tanker services driver to collect the original SADC certificates at the border.
A permanent solution for exporters in Cape Town to provide an over the counter service for our SAD500 & SADC entries is required.
 
Products: 2204.10: Sparkling wine of fresh grapes  
NTB-000-815 2.2. Arbitrary customs classification 2017-11-17 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September  
Progress: 1. During the SCTIFI of November, 2017 Uganda reported that they are holding meetings with the relevant institutions and will report back to Kenya before the next SCTIFI.

2. This NTB was refered to the Customs Committee for consideration
 
NTB-000-864 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Juice. Kenya reported that the Juices are still charged 13% excise duty.  
Progress: 1.Delmonte Pineapple Juice:
Uganda reported that it is difficult to differentiate between pineapple juice manufactured using the locally-acquired concentrate and juice manufactured using concentrate imported under duty remission for exports.
Therefore, Uganda could not accord preferential treatment to Delmonte pineapple Juice.
2. During the JPC held with Kenya,Uganda stated that this provision in the excise Duty Act is global and not specific to juices coming in from Kenya. This provision is under a law which is considered domestic and the country has a sovereign mandate to make provisions related to internal tax.Uganda however promised to undertake stake holder consultation on the excise duty tax and report by June 2019.
 
NTB-000-792 8.7. Costly Road user charges /fees 2017-11-01 Zambia: Chililabombwe SADC In process View
Complaint: Transporters are being charged a motor vehicle fee by Chililabombwe Municipal Council. There is no justification for such a fee since the transporters do not receive any services from the Council. The transporters are travelling on national roads, which are maintained by the government and not the Council. The transporters pay road user charges to the government to maintain the roads. According to NTB-000-480, this was addressed on the 7 September 2016, but this problem has emerged again since 20th October 2017.  
Progress: On 25th January 2018, Zambia Focal Point Reported that the Ministry of Transport and Communications through the Road Transport and Safety Agency (RTSA) had corresponded with the Ministry of Local Government on the fees charged by several Municipal Councils. All levies collected by the council are guided by section 69 and 70 of the Local Government Act chapter 281 of the Laws of Zambia. Additional background information on where exactly in Chililabombwe the fees in question are charged will be helpful.  
NTB-000-800 2.3. Issues related to the rules of origin 2017-11-01 In process View
Complaint: Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.

EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
 
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