| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
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NTB-001-365 |
|
2025-12-10 |
Ethiopia: Moyale |
Ethiopia |
In process |
View |
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Complaint:
|
There were delays in obtaining approval or certification for goods imported through the Moyale border. Samples are required to be tested in Addis Ababa before clearance can take place. As a result, importers are expected to obtain the necessary approval before the goods are shipped to Ethiopia. Otherwise, if the approval is sought after the goods arrive and undergo document verification, significant delays may occur.
Following the complaint received, a visit was conducted to the Moyale One-Stop Border Post (OSBP), where these issues were confirmed. For instance, a Vaseline product with all the required specifications (five types) intended for import into Ethiopia was required to obtain prior approval. However, the process took up to two months. This approval or certification is essential for clearance.
If importers fail to secure the approval before the goods arrive at the border, they may face extended waiting periods to obtain the necessary authorization before clearance can proceed. This situation was observed at the Moyale OSBP and confirmed by officers responsible for document verification. |
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NTB-001-366 |
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2026-01-08 |
Ethiopia: |
Ethiopia |
New |
View |
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Complaint:
|
Imported tyres are subject to duplicated conformity assessment at destination, despite having undergone identical testing procedures in the country of origin. The absence of recognition of prior test results leads to unnecessary duplication and additional testing cost. |
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NTB-000-957 |
5.8. Embargoes |
2020-05-13 |
Kenya: Mombasa sea port |
South Africa |
New |
View |
|
Complaint:
|
Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.
With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.
The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.
I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?
Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.
I also would like to bring to your attention the following implication for South African wine exported to Kenya.
1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products
I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
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Products:
|
2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09. |
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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 |
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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. |
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NTB-001-129 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenyan Government |
Egypt |
In process |
View |
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Complaint:
|
Complain from Eagle Chemicals - Egypt
Subject: Excise duty on imports cancelling the effect of COMESA agreement
TARRIFF BARRIERS UNDER COMESA AGREEMENT (EXCISE DUTY TAX IN KENYA AS A BARRIER)
COMESA AGREEMENT:
Republic of Kenya and Egypt are signatories to COMESA AGREEMENT on removal of tariff (tax) barriers towards FREE TRADE between themselves and among the signatory member countries.
Since the establishment the COMESA AGREEMENT several years ago, the Republic of Kenya and Egypt have enjoyed this free trade environment and trade between the two countries has grown by leaps and bounds (UNTIL JULY 2021)
KENYA----FINANCE ACT 2021----IMPOSITION 10% EXCISE DUTY TAX (TARRIFF BARRIER)
In July 2021 and for the first time ever since signing of COMESA AGREEMENT, the Kenya Government imposed unilaterally and without consultation with COMESA Secretariat or with the Republic of Egypt a 10% Excise Duty (tariff Barrier) on Resins manufactured and exported from Egypt and / imported into Kenya.
This was an act in bad faith noting the mutual relationship between Egypt and Kenya under COMESA AGREEMENT
KENYA---FINANCE ACT 2023----IMPOSITION OF AN ADDITIONAL 10% EXCISE DUTY TAX ON RESINS (TARRIFF BARRIER).
In July 2023, the Kenya Government introduced an additional 10% Excise Duty Tax on resins imported from Egypt bringing total Excise Duty Tax to 20% and this again without consultation with COMESA Secretariat and neither / nor a humble advance notification to Republic of Egypt as a sign of good faith under the mutual COMESA AGREEMENT
KENYA---THE 20% EXCISE DUTY TAX ON RESINS--- PURPORTED PURPOSE
This tax is applying only on all imported resins (from COMESA and from Non-COMESA countries) BUT is not applied on locally manufactured resins.
Consequently, and from a COMESA perspective, this Excise Duty Tax is an IMPORT DUTY TAX camouflaged as a local excise duty tax hidden behind the purported protection of one local commercial resin manufacturer (SYNRESINS) whose capacity is below 15% of Kenya market resin usage / requirement.
AGGRAVATED BAD FAITH AGAINST MUTUAL TRADE AGREEMENT UNDER COMESA.
The above developments are acts in bad Faith by Kenya Government against a friendly free trade partner (Egypt) under the COMESA AGREEMENT.
Please note no other country / signatory to the COMESA AGREEMENT has imposed an excise duty tax on resins from Egypt.
IMPORT DUTY TAX ON RESINS ARE AND REMAIN AT NIL IMPORT DUTY TARRIFF TODATE UNDER COMESA AGREEMENT ON TARRIF BARRIERS TOWARDS FREE TRADE.
Please note IMPORT DUTY TAX on resins from Egypt to Kenya remain at NIL % import duty and is at NIL on imports by other COMESA countries.
Import duty on resins into Kenya from NON-COMESA COUNTRIES is and has always been at 10% since inception of COMESA AGREEMENT
REQUEST
Republic of Egypt has obligation to protect their manufacturers of resins who export to Kenya under COMESA AGREEMENT against such unjustified TARRIFF TAX BARRIERS imposed by Republic of Kenya by requesting their removal for benefit of mutual trade growth both ways.
(Refer Attachments)
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Progress:
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1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution. Kenya to update the status report on outstanding NTBs with Egypt on the online reporting system by 26th April 2024.
4. On 18 June 2024, Kenya Focal Point reported that the Kenyan parliament was reviewing the Finance Bill 2024, with the intention of revising certain clauses as deemed necessary. Consequently, they were awaiting the enactment of the Finance Bill 2024 to determine whether there will be amendments to the specified non-tariff barriers (NTBs).
5. On 9 September 2024, Egypt and Kenya held a bilateral meeting on the outstanding NTBs emanating from the enactment of Kenya’s Finance Acts of 2021 and 2023. The two Member States agreed on the following:
a) The additional taxes are NTBs as its application is discriminatory as they only apply on imports and not domestically produced products.
b) Kenya to continue with her internal consultations with relevant policymakers and to follow up on the progress of resolving the NTBs, as requested by the Egyptian delegation.
c) The meeting agreed that the NTBs are policy issues and can be best addressed by the Joint Trade Commission (JTC) meeting, which is a higher level that is able to take decisions on this NTB and other trade related issues.
d) Both Kenya and Egypt continue with internal consultations with relevant stakeholders in preparation for the upcoming JTC meeting.
6. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
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Products:
|
3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid") |
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NTB-001-031 |
2.6. Additional taxes and other charges |
2021-06-30 |
Kenya: Kenya Revenue Authority |
Egypt |
In process |
View |
|
Complaint:
|
The Kenyan Government, through the Finance Act 2021, introduced a new Excise Duty on imported pasta of tariff 1902 whether cooked or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared, at
the rate of 20%. This Excise Duty is to be levied at the point of importation and is effective from 1st July 2021.
• Excise Duty is a tax imposed on goods and services manufactured in Kenya or imported into Kenya and specified in the first schedule of the Excise Duty Act (2015). This is usually considered on luxury products such as Alcohol, Fuel, Chocolates, Airtime, etc…
• Excise Duty is different from Customs Duty (imposition of tax on imports to protect local industries) Imposition of this new Excise Duty came as a surprise to us since it was not part of the Finance Bill 2021 that had been tabled before the Kenyan Parliament and was only introduced as a new amendment to the Bill on 24 June 2021 at the second reading stage, in Parliament.
• The Kenyan Constitution as well as the Public Finance Management Act requires that the Kenyan Government to call for public participation on the Finance Bill before amendment of tax laws through the enactment of the Finance Act. Unfortunately, this was not done in this case since the amendment introducing the Excise Duty was done way after public participation on the Bill had taken place. |
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Progress:
|
1. On 8th August 2023, Kenya Focal Point reported that the finance bill of 2023 undergone through the public participation and through the Parliament and that Excise duty on Pasta is not discriminatory as per section 43 (iv) that underwent through parliament process and public participation process.
2. During the 3rd Meeting of the NTBs Forum, Egypt reported that the excise duty on pasta , although it was not applied indiscriminately, affected trade as the rate was very high . The meeting therefore agreed that the NTB be reinstated . Kenya responded that duty on pasta is not discriminatory therefore resolved in the system . Kenya to submit proof that excise duty is imposed on both locally and imported goods. It was agreed that Kenya to arrange bilateral meeting with Egypt to address the issues raised by Egypt.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution.
4. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
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NTB-001-134 |
2.6. Additional taxes and other charges |
2023-05-08 |
Kenya: |
Egypt |
In process |
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. |
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Progress:
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1. During the NTBs workshop 17th - 19th April 2024, Egypt reported that the legislation is still providing a barrier to Egypt exports to Kenya. The two countries agreed that this issue will form part of the agenda for the proposed bilateral meeting by 28th June 2024.
2. On 28 August 2024, Egypt requested the Secretariat to facilitate a bilateral meeting between themselves and Kenya regarding this NTB. After the Secretariat initiated the bilateral meeting, on 3 September 2024, Kenya agreed to hold the bilateral meeting, following a stakeholder consultative meeting held on the same day.
3. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
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NTB-001-225 |
5.3. Export taxes |
2024-12-28 |
Kenya: Malaba |
Uganda |
In process |
View |
|
Complaint:
|
The Kenyan government has violated the East African Community trade agreement and has begun to impose consumption taxes on products from other East African Community countries. |
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Progress:
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1.During the 46TH SCTIFI Kenya reported that There are ongoing consultations to resolve this issue in the financial year 2025/26
2.The 39th RMC meeting was updated that Kenya is reviewing the law.
3. During the 40th RMC Kenya informed the meeting that by 30th June the Tax Law will have been reviewed to resolve the NTB. |
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NTB-001-239 |
6.6. Border taxes
Policy/Regulatory |
2024-03-01 |
Kenya: KAJIADO COUNTY |
Burundi |
In process |
View |
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Complaint:
|
THE COUNTY OF KAJIADO CHARGES TRANSIT FEES OF 2000 KSH PER FOREIGN TRANSIT TRUCKS |
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Progress:
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1. Kenya informed the SCTIFI that the Amendments to be effected in the 2025 / 2026 Financial year by 1st July 2025
2.During the 39th RMC , Kenya committed to continue engaging internally to resolve the matter and report to the next RMC.
3. During the 40th RMC Kenya informed the meeting that by 30th June the Tax Law will have been reviewed to resolve the NTB. |
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NTB-001-242 |
6.5. Variable levies |
2024-12-27 |
Kenya: Ministry of Finance |
Tanzania |
In process |
View |
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Complaint:
|
Through, the Tax Laws (Amendment) Act, 2024 of Kenya passed on 11 December 2024 and came into force on 27 December 2024, the Government of Kenya, among other things, introduced excise duty on various products such as marble, transformers, float glass, coal imported from outside Kenya including East African Community countries. Also, has increased the valuation rates in calculating tax on tiles when they are sold in the country. These challenges have affected production due to the decline in the market for the products in Kenya caused by competition after the prices of the products in question became high |
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Progress:
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1.On excise duty charged on originating goods from Tanzania, Kenya was urged to refrain from enacting discriminatory laws that treat EAC originating goods as imports. The RMC was informed by Kenya that, through the Supplementary Legal Notice, excise duty was removed from Glass and Transformer. Kenya provided the supplementary gazette removing the two products.
(b) On valuation rates on tiles from Tanzania and Uganda when they are sold in the country as per the complaint from Tanzania below, entries as evidence on valuation adjustments examined showed adjustments as noted in the Internal KRA Memo on valuation for tiles from Uganda & Tanzania. The meeting noted that valuation of goods is administrative and operational, hence the valuation matter be referred to the Sectoral Committee on Customs for Commissioners (SCOC) to consider and resolve. The EAC guided that Valuation in EAC is guided by Section 122 and Fourth Schedule of the EAC CMA.
2. The 38th RMC meeting referred the NTB on valuation to SCOC for consideration and resolution and report back to the next RMC
3.The 39th RMC noted that transformers, float glass, coal had been granted preferential treatment.
4. During the 40th RMC URT informed the meting that She is implementing the SCFEA Directives to review the tax law with the view to remove all discriminatory taxes, fees, levies and charges of equivalent effect. Hence the NTB will be resolved by 30th June 2026. |
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NTB-001-243 |
2.4. Import licensing
Policy/Regulatory |
2025-04-16 |
Kenya: Busia |
Uganda |
In process |
View |
|
Complaint:
|
Kenya charges a discriminatory excise duty of 10% on fish transferred from Uganda, but does not charge excise duty on fish in Kenya. This means fish transferred from Uganda is being treated as an import, which is against the CUP. Kenya also charges an additional 5% levy on fish. |
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Progress:
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1. The Republic of Uganda submitted that the Law refers to imported Fish, but Kenya is charging Uganda for transfers. During the 46TH SCTIFI Kenya reported that there are ongoing consultations to resolve this issue in the next financial year.
2.During the Bilateral meeting the two Partner States agreed treat originating goods as transfers. Kenya committed to Fastrack the review of the law.
3. During the 40th RMC Kenya informed the meeting that it will be resolved by 30th June 2026 after the review of the Tax Law. |
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NTB-001-272 |
2.6. Additional taxes and other charges |
2025-07-08 |
Kenya: Kenya Revenue Authority (KRA) |
Uganda |
In process |
View |
|
Complaint:
|
Kenya has introduced a 25% excise duty on Aluminium products falling under chapter 76 of the Harmonized System, as stipulated in its financial Act of 2025.This measure is in contravention o the East African Community (EAC) Common Market Protocol, which seeks to promote the free movement of goods among member states. The imposition of this duty not only disrupts intra- regional trade and delays business operations but also undermines the spirit of regional and economical cooperation within the EAC. |
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Progress:
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1. During 39th RMC, Kenya informed the meeting that the matter is being handled internally, it is at the parliament level
2.During the 40th RMC Kenya informed the meeting that by 30th June the Tax Law will have been reviewed to resolve the NTB. |
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NTB-001-292 |
2.6. Additional taxes and other charges |
2025-07-01 |
Kenya: Mombasa sea port |
Egypt |
In process |
View |
|
Complaint:
|
It has been revealed that Kenya imposed a new duty called “Export and Investment Promotion Levy” as of the beginning of July 2025 on several imports, including some steel products on which duties were imposed at a value of 17.5% of the customs value on all exporting countries without exception for customs items 7213 and 7214, even if they were from partner countries such as Egypt, which The COMESA privileges are effectively emptied of their content on the ground upon application and actually lead to raising the total cost of the Egyptian product and undermining the customs exemption privilege granted under the agreement. (Attached is the relevant document, which was issued on June 27, 2025)
These fees come under names such as “market regulation fees” or “infrastructure development fees,” and are used as an indirect tool to limit the price competitiveness of Egyptian products, which practically means that the Egyptian product has begun to incur the same financial burdens imposed on imports from China, Turkey, and others.
It should be noted that Egypt's exports of rebar and iron coils to Kenya during the first half of 2025 amounted to approximately 60 thousand tons, according to data from the General Authority for Export and Import Control, which reflects the importance of the Kenyan market as one of the vital African markets, and highlights the direct impact of these duties on the movement of Egyptian exports.
These measures represent a direct threat to the ability of Egyptian exports to competitively access the markets of member states, and also weaken the effectiveness of the regional agreements that Egypt is striving to activate in order to support intra-trade on the African continent, at the heart of which is the COMESA Agreement.
Accordingly, the relevant authorities in Kenya, to ensure adherence to the signed commitments, and to safeguard the rights of Egypt and its exporters under the agreement |
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NTB-001-364 |
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2026-01-07 |
Kenya: |
Ethiopia |
In process |
View |
|
Complaint:
|
Ethiopian maize quality standards are not accepted in Kenya, requiring additional conformity assessment. This has resulted for an extra costs of approximately 44,000 Kenyan Shillings per consignment, increasing the cost of doing business. |
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NTB-001-369 |
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2026-02-16 |
Kenya: |
Ethiopia |
In process |
View |
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Complaint:
|
Under the East African Community (EAC) Vehicle Load Control Act, 2016, Kenya applies permissible maximum axle load limit of 28-ton along the Moyale–Nairobi (A2) corridor. In contrast, Ethiopian trucks are permitted to carry loads of up to 40 tons up to the Moyale One-Stop Border Post (OSBP). Due to this regulatory mismatch, Ethiopian trucks cannot proceed further into Kenya and must offload their cargo at the border.
This process is further delayed by the limited availability of Kenyan trucks to take over the cargo, as well as a shortage of warehouse facilities at the border, which forces vehicles to wait longer with their goods. Conversely, Kenyan trucks are generally able to transport goods into Ethiopia without similar restrictions. |
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NTB-001-296 |
2.7. International taxes and charges levied on imports and other tariff measures |
2024-07-30 |
Madagascar: |
Mauritius |
In process |
View |
|
Complaint:
|
Madagascar has imposed a duty of 24% on imports of cartons which it referred to as a 'safeguard duty'. However, Mauritius is of the view that the duty cannot be considered as a safeguard duty given that Madagascar has not taken binding commitment on these products at WTO level. It has simply imposed duties on these products including on the SADC and COMESA Member States. It is violating its regional market access commitments.
Mauritius has requested bilateral consultations with Madagascar on this issue and is still awaiting same. |
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Progress:
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1. On 10 April 2026, Mauritus Focal Point reported that the two countries held several bilateral consultations and where Mauritius informed Madagascar that the imposition of the duty to protect its domestic industry is violating its commitments taken at regional level, namely at SADC and COMESA whereby Members have taken commitments to eliminate duties on all intra-regional trade. Mauritius is therefore of the view that Madagascar is using the safeguard measure as a barrier to intra-regional trade. The measure should have been discussed and negotiated at regional level before imposition.
2.ollowing bilateral consultations held during the SADC Regional NTBs meeting in April 2026, an e-mail was sent to the Ministry of Trade of Madagascar as well as to the ANMCC to explain that the imposition of the safeguard duty violated Madagascar's regional market access commitments at SADC level. It was also highlighted that Mauritius was not the main exporter of these products to Madagascar and yet Madagascar was exempting the main exporters and was discriminating against Mauritius. Mauritius shared the trade data, from TradeMap, which shows that the main suppliers of these products to Madagascar. Mauritius requested that the discriminating duty be eliminated immediately against its exports. The Ministry of Trade of Madagascar agreed to consult with ANMCC with a view to resolving the NTB and a response will be provided to Mauritius by 24 April 2026.
3. In a letter dated 6 April 2026, Mauritius informed the COMESA Secretariat that, through the Mauritian Embassy in Madagascar, three bilateral meetings had been held with Madagascar on 17 December 2025, 20 January 2026, and 3 April 2026. Mauritius further indicated that an additional bilateral meeting was facilitated by the Southern African Development Community (SADC) on 19 March 2026.
4. During a bilateral meeting on 2nd April 2026 Madagascar proposed to waive the 24% tariff for Mauritius but replace it with a tariff rate quota (TRQ). |
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NTB-001-203 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-04-12 |
Malawi: Malawi Revenue Authority |
Zambia |
In process |
View |
|
Complaint:
|
Malawi Laundry & confectionary imports into Zambia are levied MK20,000 to MK25,000 per invoice, where
Zambian products going to Malawi are charged with 13-27% (MBS, Surcharge, Excise duty). |
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Progress:
|
1. NFPs for the two countries to hold bilateral meeting by August 2024. This issue was also discussed during bilateral meeting held in Addis Ababa at the 4th NTBs Forum . Malawi to report progress from internal consultations.
2. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the export subsidies is still implemented. However, Malawi did not provide an update on the status of the NTB. |
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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. |
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Progress:
|
1. On 4th February 2020, Eswatini Focal Point expressed concern that there is no progress made in addressing this matter and therefore proposed that a bilateral meeting between the two member States be held either in Eswatini or Maputo so as to discuss and resolve this longstanding NTB. Eswatini suggests that the Secretariat facilitates the bilateral meeting and is therefore awaiting response from SADC NTB Focal points on way forward.
2. 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..
3. 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. |
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NTB-001-330 |
2.3. Issues related to the rules of origin |
2026-03-11 |
Mozambique: DGA - Mozambique
SARS - South Africa |
Mozambique |
In process |
View |
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Complaint:
|
Conferring of origin in a member state on non-originating material. This then affects the issuance of a SADC certificate for the issuing country being Mozambique.
Mozambique customs authority and DGA consider that the process taking place within Mozambique, does not confer origin.
The exact same process carried out in South Africa, receives a SADC certificate from SARS.
SARS as the importing country does not dispute or challenge that the process confers origin and is satisfied that the process under which a SADC certificate is issued, and therefore receives preferential duty in the importing country is sufficient and complies with the SADC trade agreement.
While the SADC agreement, lists simple processes, which do not confer origin, under chapter 63 there is a specific declaration made, where rags is included, before the word, except, and then it lists exceptions. It states that for chapter 63, origin is conferred, the requirement stated is " manufacture from materials of any heading except that of the product"
What is peculiar, is that the issuing country being Mozambique contends the conference of origin, but it has not been raised by the importing country being South Africa.
We know, with absolute certainty, that a SADC for the exact same process is issued by South Africa for exports to Mozambique and to Botswana, and neither of these countries have ever referred them back for investigation or referral on the back of the SADC certificate as is the protocol and possibility if there is a contention. |
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Progress:
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On April 15th, 2026, Mozambique focal point reported that they are working with the relevant authorities to provide a response on this matter. Within 10 days, we will update the information. |
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Products:
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6310.10: Used or new rags, scrap twine, cordage, rope and cables and worn-out articles thereof, of textile materials, sorted |
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NTB-001-001 |
1.14. Lack of coordination between government institutions |
2021-01-19 |
Namibia: NRST
Head Office / Innovation Hub
Cnr, Louis Raymond & Grant Webster Street
Private Bag 13253
Windhoek
Tel: +264 61 431 7000/99
Fax: + 264 61 216 531/+ 264 61 235 758
Email: info@ncrst.na |
South Africa |
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Complaint:
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1. GMO thresholds - Namibia is 1% and South Africa is 5%
2. The above then has implications on what should be labeled.
3. The prescribed GMO wording is also different
4. Namibia also requests additional information from the rights owner (GMO Tech developers), which users do not have in South Africa.
All of this adds up to South African manufacturers/exporters being unable to meet the application requirements, thereby not obtaining the required import permits.
CGCSA members revised applications 3 times, but were still unable to complete the applications to the specifications expected.
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Progress:
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1. On 12 October 2021 , Namibia Focal Point reported that they will consult the relevant authorities and submit feedback as soon as possible.
2. On 31 March 2022,Namibia Focal Point updated as follows:
Namibian GMO labeling regulations (0.9%) – Vs 5% for South Africa. The Namibian Biosafety regulations (No 6116), 2016 Biosafety Act No. 7 of 2006, were developed nationally through a consultative process, taking into account trading partners with different labeling requirements. As per the Biosafety regulation (17) (c), 2016, exemptions to genetically modified food or feed labeling requirements:
“any processed food or feed including one or more substances produced through genetic modification, subject thereto that the genetically modified food or feed in the aggregate does not account for more than 0.9 percent of the processed food or feed or such other percentage or quantity as the Council may from time to time determine”;
This part of the regulations ‘labeling requirements’ will remain in place until such a time the regulation is amended |
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