Active complaints

Showing items 21 to 40 of 79
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-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya In process View
Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Progress: During the 33rd meeting of the COMESA Customs and Trade Committee, it was noted that Zambia private sector had lobbied for imposition of surtax on locally produced inputs, however there was a blanket application of the surtax covering inputs not locally produced and finished products as a way of raising revenue for the government.

 
NTB-000-820 4. Sanitary & phyto-sanitary (SPS) measures
A12: Geographical restrictions on eligibility
Policy/Regulatory
2010-12-01 Zambia: Ministry of Agriculture and Livestock Kenya In process View
Complaint: Brookside Dairy Ltd of Kenya, exports of UHT milk are denied entry into Zambia for reasons that, an inspection audit of the source of milk, export facility, milk product and relevant standards in use in Kenya by the Zambian authorities raised sanitary concerns pointing out that Zambia cannot accept milk products from the raw milk that did not meet the Zambian milk standard. The Zambian standard on raw milk for use in production of milk products is a maximum of 200,000 colon forming units (cfu) whereas Kenya legislation allows for a maximum of 2, 000,000 cfu in raw milk used in making UHT milk, which is above the 200,000 cfu allowed in Zambia. Kenya applies the EAC graded standards which allow for a maximum of 2,000,000 cfu and a minimum of 200,000 cfu and below for raw milk.  
Progress: Various bilateral meetings and technical audits have been undertaken between the two countries in an attempt to resolve the NTB. The thirty-Third Meeting of the COMESA Trade and Customs Committee held on 15-17 September 2017 recommended that :
i) COMESA should harmonize SPS measures through implementation of the COMESA Green Pass (CGP) to facilitate trade in agricultural products.
ii) Member States should adhere to the NTB resolution time frames set out in the COMESA Regulations on Elimination of NTBs to ensure timely resolution of NTBs and enhance intra-regional trade.
 
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-000-816 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 held in November, 2018 for guidance
 
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: 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.  
NTB-000-805 Existence of several weighbridge stations in the central and Northern corridors. 2014-04-01 EAC EAC In process View
Complaint: Rwanda, Uganda and Burundi are affected by the existence of several weighbridge stations in the central and Northern corridors (Tanzania, Kenya and Uganda).  
Progress: 1. The Ministers decided that the weighbridges be reduced to two (2) one at the point of entry and the other at the port of exit. Specifically to containerized cargo. Containerised cargo is currently weighed at point of entry and point of exit. Partner States are implementing weigh in motion. In the case of Kenya, trucks still go though 4 permanet weighbridges . Sometimes they stop the trucks sometimes they do not stop the trucks.

2. Tanzania is considering this NTB resolved because there are only three weigh bridges Vigwaza at the coastal region, Njuki in Singida and Nyakahura in Kagera region weigh in motion weighbridges. It takes maximum of 4 days to exit the border from Dar Port and 2 days for fuel tankers. As of April 2015, Govt announced that all transit trucks are weighed as above. To implement this, trucks have to buy stickers to show that they differentiate between local and transit trucks. The sticker not applicable to local trucks. This is an NTB reflected by trucks preffering to pass through the old 7 weigh bridge route. Tanzania is considering the issue for review.

3. Tanzania is implementing plan to convert the weighbridges to weigh in motion. Kenya reported that weighbridges are not an issue since they have installed High Speed Weigh in Motion (HS-WIM)weighbridges and that there is not time lost. The HS-WIM are located at Mariakani, Athi River, Gilgil and Webuye. Kenya reported that they are pursuing full automation of weigh bridges. Kenya converted her weighbridges into weigh in motion. Question, does a truck have to pass through weigh bridges. A lot of time is wasted passing weighbridges.

4. Uganda: has 2 weigh bridges in Busitema and Mbarara and 2 night road blocks. However the vehicles are cleared within very short space of time. Rwanda- does not have weigh bridge. There is improvement in the central corridor due to construction of one stop inspection centers. Kenya and Tanzania have installed the High Speed Weign In Motion Weigh Bridges (HS-WIM).

5. Number of Weigh Bridges in Partner States are as follows: Burundi: 0; Kenya: 4; Rwanda: 0; Tanzania: 3; Uganda: 2. Uganda and Kenya use Highway speed patrol road Blocks. Uganda reported that she is considering instaling the High Speed Weigh-In Motion Weigh Bridges and will update once the process is complete.
Tanzania reported that she has 3 Weigh Bridges as it was agreed earlier. And that she has High Speed Weigh in Motion Bridges. The Republic of Kenya reported that she installed High Speed Weigh-In Motion Weigh Bridges and is still consulting on how to reduce on the 4 wegh bridges.
 
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-000-802 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-000-801 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-000-800 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.
 
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-000-792 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 In process 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 In process 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-000-783 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 In process 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) Eswatini 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-000-773 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.  
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