Active complaints

Showing items 21 to 40 of 80
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
COMESA
EAC
SADC
Status
Actions
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-000-788 2.3. Issues related to the rules of origin 2017-06-01 Ethiopia: All Ethiopian banks. Egypt New View
Complaint: Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt).  
NTB-000-785 8.8. Issues related to transit 2017-10-25 Zimbabwe: Beitbridge SADC New View
Complaint: Haphazard breaking of seals at Beitbridge Border without any proof of authentication. Customs officials are breaking the transit cargo seals on the containers and merely crossing out the seal on the manifest and replacing it with the temporary seal. This has severe implications as these containers have already been fumigated and opening the container compromises the fumigation process and leaves the load susceptible to tobacco beetle cross infestation at the border. As there is no authenticity/customer number/stamp endorsing the seal change it means that anyone could have tampered with the cargo on route and this possess another issue with our customers in the USA as it contravenes their anti terrorism procedures . There was legislation passed by ZIMRA in terms of SI 113 of 2017, the Customs and Excise (General) Regulations, SI 154 of 2001, Section 60 that states no seals should be opened in transit through Zimbabwe in order to improve the management of transit cargo. This new legislation needs to be passed on to the officials at Beitbridge (Zimbabwe side)as they are still breaking seals at the border.  
Products: 2401.10: Tobacco, unstemmed or unstripped  
NTB-000-784 8.8. Issues related to transit 2017-10-10 Zambia: Kapiri Mposhe South Africa In process View
Complaint: Transporters are experiencing substantial delays at the weigh-bridges in Zambia when transiting to and from DRC. To make matters worse trucks get weighed at more than one weigh bridge even though the drivers have copies of the initial weigh bridge slips showing no overloads.  
Progress: On 25th January 2018, Zambia Focal Point reported that the Road Development Agency (RDA) was acting within the law (The Tolls Act of 2011). As a result, trucks are continuously weighed to ensure that no extra loads are added onto the trucks. There is an going process to designate weigh bridges for international truckers as part of the vehicle load management programmes being implemented under the tripartite . Delays in the weighing process are only occasional and not every time. A normal weighing process takes 3 to 5 minutes depending on the details being submitted.  
NTB-000-783 2.8. Lengthy and costly customs clearance procedures 2017-09-19 Zimbabwe: Beitbridge South Africa In process View
Complaint: Zimbabwe Revenue Authority (ZIMRA) is not adhering to their new procedure for handling transit cargo thereby causing serious delays in clearance of trucks at the Beitbridge border post.
Truckers are experiencing serious delays because ZIMRA is not adhering to the procedure it stipulated in its communication documents. ALL transit cargo is being fitted with seals, despite the cargo already being sealed by client at loading point. Communication from drivers indicated that, currently only 5 trucks being sealed per day.
Trucks then going onto a "list" for transit escort. This is despite the official communication stipulating that ONLY trucks carrying cargo that is not covered by a suitable tent/tarpaulin that cannot be sealed will be considered by authorities to be escorted.
Truck is a tautliner and thus can be sealed yet driver has been informed it needs to be escorted, and he was informed that 5 trucks per day are escorted to Chirundu. Currently he is number 48 in the "list". This goes against what was communicated in ZIMRA informational document.
Our trucks have Route Risk Assessment done prior for the reasons stated by another complainant, yet ZIMRA wants to dictate which roads and routes to use. This procedure is causing unnecessary delays at the border.
 
NTB-000-782 8.7. Costly Road user charges /fees 2017-09-17 Zimbabwe: Chirundu Zimbabwe New View
Complaint: Trans[porters are experiencing the following delays and other administrative costs as a result of the sealing process by ZIMRA:
• The vehicles are delayed up to 24 hours while waiting for the seals
• ZIMRA Officials remove existing seals to fit their seal and then do not replace the seals when their electronic seals are removed
• ZIMRA Officials have refused to endorse the documents when seals have been removed
• They have damaged transporters equipment and gone so far as to use a drill on a loaded fuel tanker to drill a large hole to fit their seal. This is completely unacceptable!
• Where one of their seals was incorrectly fitted and fell off the truck, they then cut other seals and drew samples of the product to ensure it had not been contaminated. No explanation was given and our customer consequently rejected the load as the integrity had been corrupted
• Transporters are expected to adhere to routes stipulated by ZIMRA. We have Route Risk Assessments on all our routes. The route is determined due to a number of factors including distance and safety. This is pertinent to Zimbabwe where the road infrastructure is failing
• Beyond the instruction to pay for the sealing, transporters are further expected to pay the costs of escorts
 
NTB-000-781 2.6. Additional taxes and other charges 2015-11-19 Mozambique: Delegação Aduaneira de Goba (Road) Swaziland In process View
Complaint: An import surcharge is applie to all imported sugar (i.e. SADC and non-SADC) ased on the difference between Dollar-based reference price (DBRP) and the world marker price quoted on the New York #11 and London no.5 commodity exchanges for brown and white sugars respectively. The current DBRP is US$806 per tonne for brown sugar and US$932 per tonne for white sugar.  
Progress: 1. On 5th November 2017, Mozambique Focal Point updated that Mozambique is still working on the matter and a multisectorial team, which involves Revenue Authority (Customs and International Cooperation Directorate) and Ministry of Industry and Trade has been established to analyse the matter and the answer will be sent as soon as possible..

2. On 1st September 2017, Mozambique and Swaziland Focal Points reported that they are urgently following up with relevant authorities to assist the complainant . All efforts are being made to resolve the matter expeditiously.
 
NTB-000-780 6.5. Variable levies 2017-07-28 Tanzania: Tanzania Food and Drugs Authority Tanzania In process View
Complaint: TFDA (Tanzania Foods & Drugs Authority) imposes a 1% fees on FOB value on all imports (food, drugs & cosmetics) including the ones coming from Zanzibar which is part of the United Republic of Tanzania. The ZFDB (Zanzibar Food & Drugs Board) does the same thing as they are trained by TFDA. This is badly hurting local and regional trade as well as local manufacturers.  
NTB-000-776 8.7. Costly Road user charges /fees
Policy/Regulatory
2017-05-05 Tanzania: Ministry of Works, Transport & Communications Uganda In process View
Complaint: Tanzania still charges US$500 to Uganda trucks compared to US$152 charged on Rwanda trucks.  
Progress: 1. During the Extra Ordinary SCTIFI, the issues of Road User Charges were referred to the Sectoral Council on TCM for resolution.

2. The meeting Senior Officials meeting that met in October, 2017 noted that this NTB would be resolved if Road USer Charges were harmonised with in the EAC. The meeting therefore urged the Secretariat to expedite the process of harmonisation of the Road User Charges to facilitate resolving this NTB.
 
NTB-000-775 2.8. Lengthy and costly customs clearance procedures 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process.  
Progress: In June, 2017 Tanzania reported that she considers that uplifting of value is not an NTB because valuation is done according to agreed customs valuation and it is done to all importers irrespective of the producers and country of origin.

The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that if Kenya has specific issues it can be easily raised and addressed between the KRA/TRA on case by case basis.
 
NTB-000-774 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of preferential treatment of paper sacks manufactured in Kenya and exported into Uganda  
NTB-000-773 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of preferential treatment of packaging materials for beverages i.e. juice, milk etc manufactured in Kenya when exported into Uganda.  
Progress: During the Meeting that took place in October, 2017, Uganda reported that she would consult about this NTB and report back.  
NTB-000-770 7.4. Costly procedures 2017-05-05 Tanzania: Namanga Kenya In process View
Complaint: Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance.
 
Progress: 1. During the Bilateral meeting that took place in Janary, 2018 Tanzania reported that the situation has improved as inspections are being done at the exporter’s premises and has incorporated officers from KRA. Kenya commended the action taken by Tanzania to improve the situation and reduce the delays. The meeting therefore encouraged Tanzania to maintain the momentum of eliminating the delays.

2. During the September, 2017 Bilateral meeting TBS reported that the inspection process at ICDs rarely takes more than 10min due to the fact that Officers are not able to inspect 100% of many items because KPA has not yet given TRA a yard where stripping of goods can be done, so their directive (as well as the then KRA station manager was that for trucks which come to ICS no stripping will be done only, sighting.
 
NTB-000-769 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint:
Despite Kenya Tobacco raw material being fully sourced in Kenya, the manufacturers are required to pay 80 per cent higher excise for cigarettes exports into Tanzania.

 
Progress: The Bilateral meeting that took place in January 2018 noted that Kenya and Tanzania need to harmonize their domestic taxes and local content policies and request the EAC Secretariat to fast track the process of harmonization in all partner states.

The meeting also agreed that the two Partner States should take cognizance of the national treatment provision under Article 15 of Custom Union Protocol not to impose directly or indirectly internal taxation on goods from other partner states in excess of that imposed on similar domestic goods.
 
NTB-000-767 7.4. Costly procedures 2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya In process View
Complaint: TFDA delays issuance of registration certificate causing Kenyan companies to lose out on trade. The finalization of the accepted label can take between 3-12 months. This additionally increase the cost of doing business as a manufacturer would have to pay certification fees more than three times to have one label approved due to the deadlines imposed in terms of getting labels approved. Kenya products have been stranded at the borders or manufacturers warehouse because they have not passed TFDA requirements.  
NTB-000-766 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya In process View
Complaint: Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products.  
NTB-000-765 2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Tanzania does not recognize price adjustments for duty purposes particularly the reduction by milk processors in Kenya.  
NTB-000-763 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda.  
NTB-000-762 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Progress: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:

i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.

ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ as soon as possible.
 
NTB-000-761 2.3. Issues related to the rules of origin
Policy/Regulatory
2017-05-05 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Uganda  
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