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-001-202 8.8. Issues related to transit 2024-09-16 Uganda: Elegu New View
Complaint: Uganda through the Fisheries Protection Unit intercepted fish from South Sudan at Pakwach Check Point and Elegu One Stop Border Post, breaking seals and inspecting fish which is in transit to DRC, on the grounds that RSS is transferring immature fish that are not accepted in Uganda.  
NTB-001-199 1.8. Import bans 2024-06-20 Democratic Republic of the Congo: Ministry of External Trade Uganda New View
Complaint: The Democratic Republic of Congo (DRC) has instituted a suspension on the transfer of grey cement and clinkers to its Western and Eastern regions. This action raises concerns as it disrupts trade flows and hinders the movement of these essential construction materials within the region.
Such a suspension could have broader implications for trade and economic cooperation within the region, affecting both producers and consumers. The measure may also contravene regional trade agreements aimed at facilitating the free movement of goods, as outlined in the East African Community (EAC) protocols, and could undermine the spirit of regional integration.
A review of this suspension is essential to ensure the continued trade of critical materials and to uphold the principles of regional cooperation.
 
NTB-001-197 1.8. Import bans 2024-09-11 Democratic Republic of the Congo: Ministry of External Trade Uganda New View
Complaint: The Democratic Republic of Congo (DRC) suspended the transfer of soft drinks and beer from other countries, citing that only products from nations with bilateral agreements will be accepted. This suspension directly contravenes the spirit of the East African Community (EAC) and its commitment to fostering free trade and economic cooperation among Partner States.
The Memorandum of Understanding (MOU) that limits acceptance of products to those from countries with bilateral agreements undermines the EAC's principles of regional integration and free movement of goods. It creates unnecessary trade barriers and hinders the seamless exchange of goods between EAC Partner States, which is fundamental to the EAC Customs Union's objectives.
Addressing this issue is critical to ensuring that all EAC partner States can trade without restrictions and continue to benefit from the shared economic goals outlined in the EAC Treaty.
 
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-001-189 1.8. Import bans 2024-09-17 COMESA EAC New View
Complaint: Malawi Ministry of Trade & Industry has introduced a new regulation for imports of sweets. Our customer applied for Import Permit 3 times and each time it was rejected. Our customer has tried every possible way however he has not managed. Malawi authorities are not giving the reason in writing. They have informed our customer verbaaly that because of the shortage of forex in Malawi, their superiors have informed them that they are not to issue the Import Permit for sweets. Also, there is a local manufacturer already making sweets so there is no reason to import.

This action has raised great concerns, as it contravenes the trade agreements under the Common Market for Eastern and Southern Africa (COMESA), to which both Kenya and Malawi are signatories.

We kindly request this issue be addressed promptly.
 
Progress: 1. On 17 September 2024, Kenya reported that Malawi has introduced a measure that requires Kenya importers to Malawi should apply for a permit. Kenya was ready to comply with the new measure however her application has been rejected three times without any explanation.
2. On 25 September 2024, Malawi uploaded the measure which contains a list of products are are affected by the measure.
 
NTB-001-184 8.8. Issues related to transit 2024-08-09 Zimbabwe: Forbes Zambia New View
Complaint: On 10 August 2024, Zimbabwe imposed a requirement enforcing payment of duty on fuel in transit at the Port of Entry at all border posts ‘in order to secure duty and levies on fuel imported under Removal in Transit Facility’. Such duty and levies shall be recovered on acquittal at the Port of Exit. Zimbabwe Revenue Authority (ZIMRA) advised that the payment of duty for fuel in transit was to mitigate against transit fraud. With effect from 10 August 2024 all fuel, petrol, diesel, paraffin and jet A1, in transit imported through ports of entry by road is now required to pay duty and levies on entry. The duty and levies will be refunded at the port of exit upon compliance with all the transit procedures, including submission of proof that the fuel has been exported. Consignee’s and/or their representatives should approach ZIMRA at the port of entry to initiate the fuel clearance and payment process. For the refund process, once the fuel has been exported, they should approach ZIMRA at the port of exit to initiate the requisite refund process.
This requirement increases cost of transport. The refund procedures are not clear, and the risk of delayed refunds is very high negatively affecting cashflows for transporters. Also this requirement is treating compliant and non-compliant transporters without distinction and is penalizing the transporters who have been compliant to the Electronic Cargo Tracking System (ECTS) where the alleged abuse has been detected.

We therefore request The Minister to urgently reconsider improving this measure to facilitate movement of fuel at reasonable costs.
 
NTB-001-183 3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade
2024-08-08 Kenya: Kenya Bureau of Standards Uganda New View
Complaint: We are experiencing unfair treatment by KEBS, Where the institution refused to recognize PERMITS Issued by UNBS.
Unfortunately, efforts to engage with border KEBS officials have not been fruitful because we didn't receive any help insisting we pay the Inspection fee.
 
Products: 4412.94: Laminated wood as blockboard, laminboard or battenboard (excl. of bamboo, plywood consisting solely of sheets of wood <= 6 mm thick, sheets of compressed wood, inlaid wood and sheets identifiable as furniture components)  
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)  
NTB-001-179 8.8. Issues related to transit 2024-05-01 Uganda: Government officials Tanzania New View
Complaint: Mpondwe Border Government Officials forcefully offload transit cargo for Tanzania traders.
In May 2024, Government Officials from the Republic of Uganda intercepted processed salted fish from Tanzania in transit to the Democratic Republic of Congo at the Mpondwe Border and were forced to break the seal of the cargo and sell the fish at the Mpondwe market. This is against Trade Facilitation Laws on how to treat Goods in Transit and led to great loss to Tanzanian traders in terms of capital and market.
 
NTB-001-178 8.8. Issues related to transit 2024-05-13 Uganda: kasindi Democratic Republic of the Congo New View
Complaint: On May 13, 2024 the vehicles of certain economic operators transporting salted fish from South Sudan, Kenya and Tanzania in transit through Uganda destined for the DRC are blocked in Uganda. The reason given by the protection unit was that these vehicles transported small fish whose marketing was formally prohibited in Uganda  
NTB-001-169 7.2. Discrimination 2024-01-01 Burundi: Rugerero Tanzania New View
Complaint: Republic of Burundi is charging USD 152 Flat rate on Road user Charges from Kobero/Kabangato Bujumbura which is equivalent to USD 65.5 per 100KM, While Tanzania is charging USD 10 per 100KM. This discriminatory charge is contrary to directives made on the 18th Meeting of Sector Council on Transport,Communication and Meteorology  
NTB-001-167 5.5. Import licensing requirements 2024-05-16 South Africa: All border crossings by road, air or sea Namibia New View
Complaint: Nakara (pty) , a Namibian company formally requests a dispensation from the South African Veterinary (SA VET) import permit required for imports of Namibian finished leather. Nakara (pty) Ltd, a Namibian tannery, has maintained an unblemished record and has never been implicated in any wrongdoing in the past. However, due to the current regulatory framework, we find ourselves inadvertently impacted by the necessity of the SA VET import permit on Namibian leather exports. It is important to note that no other country imposes such a requirement on imports of finished leather into South Africa. South Africa is Nakara's biggest export market and the aforementioned unnecessary NTB puts Nakara into a competitive disadvantage. A disadvantage that hinders further growth in the trade relationship between Namibia and South Africa in the leather sector, both being members of the SADC region.  
Products: 4107.99: Leather "incl. parchment-dressed leather" of the portions, strips or sheets of hides and skins of bovine "incl. buffalo" or equine animals, further prepared after tanning or crusting, without hair on (excl. unsplit full grains leather, grain splits leath  
NTB-001-165 6.2. Administrative fees 2024-03-01 Kenya: Kajiado New View
Complaint: Namanga/Kajiado Country charges 2,000Ksh for all Burundi cargo trucks transition Kenya  
NTB-001-164 8.8. Issues related to transit 2024-04-26 Mozambique: Lesotho In process View
Complaint: I was about to clear my stuff by the Border at Komatiport or Lebombo border post when the Police man of Mozambique by the name of Maphosa asked me to check my truck then asked for papers for the vehicle, my license, car insurance and important documents on my file, I gave him everything he wanted. He said I should clear my stuff and come back to him.
I went for clearing but then I was asked to bring truck papers and license, at that time Maphosa was no where to be found, I asked some police men about him but they said he is in Maputo and I have to go back to Maputo to fetch my things at the police station but never mentioning which police station should I go to, I had to leave all my goods at alfandegars storeroom which is renting even now.
I drove back to Lesotho without my license and some documents and luggages because the clearing could not be completed since the truck papers and my license were not available due to that Police officer.
 
Progress: On 18 June 2024, Mozambique Focal Point reported that they had conducted a thorough investigation and provided following updates:
The police officer involved in the incident, was located and as a result of official inquiries, they successfully retrieved the driver's license, which was available for collection any time upon arrangement with Mozambican focal Point.Furthermore, there is an ongoing process to hold Officer Maphosa accountable for his actions, in accordance with applicable laws and regulations.
Following an inquiry by the Traffic Police Department of the PRM in collaboration with Customs at Ressano Garcia, it has been determined that the seizure of your goods was not related to the absence of a driver's license. The actual cause of the seizure was the lack of authorization from the Regional Director of Customs for exportation, absence of a customs broker, and missing invoice for the goods.
 
NTB-001-157 2.3. Issues related to the rules of origin 2023-03-15 Rwanda: Rusumo In process View
Complaint: CoO for Maize from Tanzania rejected by Customs.  
Products: 1901.90.10: -- Corn flour less 90%less 90%  
NTB-001-156 8.7. Costly Road user charges /fees 2024-03-09 Rwanda: Rusumo Tanzania In process 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.  
Progress: 1. On 29 April 2024, Rwanda Focal Point reported that : 'Considering the financial implication of these rates, Rwanda was still reviewing this proposal pending the finalization of the EAC study on harmonization of RUC. However, Rwanda will engage URT bilaterally to discuss how to resolve this outstanding issue.
2.The 36th RMC was informed that the charge amounts to 70 USD and is also affecting the Republic of Kenya. The RMC also noted that it is an obligation of the Government to offer security in the Country and it should not be at the expense of the traders. RSS should stop collecting this fee which is not in the RSS Laws and do not attach it to the process of the RTF on the fees, levies and charges.
 
NTB-001-155 2.6. Additional taxes and other charges
Policy/Regulatory
2023-11-03 Egypt: Egyptian Tax Authority Zambia In process 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.
 
Progress: 1. Egypt to respond on the NTB with Zambia on the online reporting system by 1st Week of June 2024
2. During the NTBs workshop held from 17 -19 April 2024, the Egypt and Zambia agreed that this issue would form part of the agenda for the proposed bilateral meeting. The dates for the bilateral meeting to be facilitated by the Secretariat would be determined by the two Countries.
3. On 7 May 2024, Egypt Focal Point reported that consultations with the relevant national authorities were ongoing, and Egypt would provide updates as soon as possible.
4. On July 22, 2024, the Secretariat had a meeting with the exporter after receiving a reminder on the NTB dated 3rd July 2024. The aim of the meeting was to get the gist of the NTB and share other necessary information to start facilitating the resolution of the NTB.
5. As a policy issue, the NTB was escalated to Stage 1 on cooperation and elimination of NTBs under the COMESA Regulations on NTBs Elimination and on 26 August 2024, Zambia was advised to formally request the Secretariat to facilitate the bilateral meeting on behalf of the exporter. This comes after Zambia reported that she wrote to the Egyptian Embassy regarding the NTB but there was no immediate response and that was concerning as the matter was very urgent.
6. In a letter dated 2 September 2024, Zambia requested the Secretariat to facilitate a bilateral meeting between the two countries. The Secretariat has started preparation for the bilateral meeting including drafting a letter to Egypt and developing a draft agenda for the bilateral meeting between the two Member States.
 
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-001-152 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-001-151 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.
 
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