Active complaints

Showing items 21 to 40 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-001-080 2.2. Arbitrary customs classification 2022-09-07 Zimbabwe: Chirundu Zimbabwe In process View
Complaint: Simplified Trade Regime system no longer viable most traders preferring to use trucks instead of declaring using STR system, when declarations are done values are being lifted despite invoices produced , revaluation is done by the Supervisors making it difficult and most challenging for traders to use the system , and this is causing traders to use clearing agents .only a few with small quantities using STR with buses, traders are now preferring to use Commercial clearance instead of STR, giving a negative impact to why STR was put in place, there is need for orientation to Officer coming from Inland to the borders so that they understand how STR system operates.

Prior to covid pandemic traders used to use some small trucks with consolidated goods and declarations would be made as to the individual trader's quantities in a truck at the point of exit. During covid pandemic Customs gave a ruling that all goods to be cleared through the agents to reduce human interface, after the pandemic and all the lockdowns and restrictions CUSTOMS no longer want traders to consolidation system in transportation of goods saying its now a broken consignment. this arbitrary declaration is a trade restriction and a barrier TO TRADE
 
Progress: 1. The NTB Unit brought this NTB to the attention of the Zimbabwe Focal Point to undertake internal consultations. A response is still being awaited.
2. During the 3rd meeting of the COMESA NTBs Forum held on 20- 22 September 2023 , Zimbabwe reported that the STR regime is fully functional at the Chirundu border post. The meeting requested Zimbabwe to provide feedback on the overvaluation of the goods under STR regime .
 
NTB-001-069 7.7. Complex variety of documentation required 2016-09-15 Egypt: Chamber of Commerce Egyptian Embassy Ministry of Foreign Trade Mauritius In process View
Complaint: A number of procedural requirements are currently impeding the exports of Mauritian products to Egypt. To that effect, the concerned authorities in Mauritius have made enquiries with a registered trader in Egypt and it has been brought to its attention that for an exporter to start trading with an Egyptian importer, the following documents, duly certified by the Chamber of Commerce and approved by the Embassy of the Arab Republic of Egypt, have to be submitted as per Ministerial Decree 43/2016:

i. A registration form by the legal representative of the factory or authorised person;
ii. A certificate of legal status of the factory and the issued license of the factory;
iii. A list of products of the factory and their brand;
iv. The brand of the product and the Trademark produced according to a license from the owner;
v. A certificate that the factory has a Quality Control System from a recognised body of The International Laboratory Accreditation Cooperation (ILAC) or the International Accreditation Forum (IAF) or from an Egyptian or Foreign Government body approved by the Minister of Foreign Trade.

The authorities in Mauritius consider that these procedural requirements constitute a Non-Tariff Barrier and in that regard contravene Article 49 of the COMESA Treaty.

We would appreciate that the authorities concerned in Egypt review these procedures in order to facilitate trade in line with the spirit of the COMESA Treaty.
 
Progress: 1. On 25th October 2022, Egypt Focal Point submitted the comments below : Ministerial Decree
No. 43 of 2016
Concerning the rules governing the registration of qualified factories to export their products to the Arab Republic of Egypt.The decree was issued with the aim of regulating the Egyptian market and protecting public health, in view of the recent spread of imported, finished products intended for sale to consumers directly in the Egyptian markets. These products are of unknown origin and do not conform to the technical specifications and requirements, which affect the general health of the consumer, as well as negatively impact the national industry, which is unable to compete with these products.
Text of the Decree
a. Decree No. 43 for the year 2016 issued that the registry (register) of companies and factories that own trademarks eligible to export the mentioned products in the decree to Egypt must be established at the General Organization for Export and Import Control (GOEIC). According to the decree, products imported for commercial purposes shall not be released unless they are produced by registered factories or imported from companies owning the trademarks or their registered distribution centers.
b. Goods and products to which the decree applies:
Decree No. 43 for the year 2016 specified number of goods that require the registration of their factories that export to Egypt in the records of the General Organization for Export and Import Control. Among these products are: “imported fruits, dairy products, sugar products, oils, carpets and floor coverings, clothing and furnishings, Home lighting appliances, home and office furniture, children’s toys, household appliances, chocolate, paper, and iron and steel bars.”
c. The decree does not include suspending or preventing the import of these products, rather it sets procedures to regulate their import through the registration of producers and trademark owners who are qualified to export their products to Egypt in the established record for this purpose in the General Organization for Export and Import Control. Once registered, the imported cargo will be released, and there is no need to register each cargo. Hence, the decree is for regulatory purposes to ensure the quality of imported products.
d. This measure was taken with the aim of protecting the health and safety of Egyptian consumers from goods of unknown origin. In addition, the World Trade Organization has been notified of this decree, and it is in accordance with the provisions of the organization, in particular, the Agreement on Technical Barriers to Trade and Article (20) of the provisions of the GATT 1994.
e. The decree is applied on all countries of the world on a nondiscriminatory basis, and in compliance with a basic principle in the GATT agreement, which is most favored nation treatment. The decree is also in compliance with the principle of national treatment, which requires non-discrimination between procedures for national or imported products.
f. In order to facilitate and simplify the procedures, any country can submit a certificate provided by any Egyptian or foreign governmental entity proving that factory and company owning the trademark implements a quality control system. This certificate is considered an alternative to the quality certificate approved by ILAC or IAF, in implementation of the requirements of Decree No. 43 for the year 2016, which regulates the registration of factories eligible to export their products to Egypt, after the approval of the Minister of Foreign Trade.
g. Amendments have been made to this decree to facilitate the procedures to the stakeholders and avoid the obstacles they face in terms of time duration for registration or the need to establish a mechanism for submitting grievances and complaints, as is specified below;
Ministerial Decree No. 195 for the year 2022 amending Decree No. 43
Ministerial Decree No. 195 for the year 2022 was issued in March 2022, regarding the amendment of some provisions of Decree No. 43 for the year 2016, with the aim of amending the rules governing the registration of factories eligible to export their products to Egypt.
h. The amendment contributes to speeding up and simplifying the procedures for registering companies and factories eligible to export their products to Egypt, facilitating the importation and exportation of products, and setting specific time periods for registration.The amendment issued the cancelation of the third paragraph of Article (1) in Decree No. 43, stating the cancelation of registration by the Minister of Trade. The registration occurs as soon as the necessary documents are submitted. The relevant applicant shall receive proof of registration within a period not exceeding 15 days. In case of suspicion in the validity of the submitted documents, registration in the registry will not take place until these documents have been verified.
i. It is worth noting that registration is only done once, and companies wishing to export to Egypt must renew, only the documents with an expiry date, within a period not exceeding 30 days from the date of expiry.
j. The decree also added new paragraph to Article (2) of Decree No. 43 stating that “it is permissible to submit documents for registration through the embassies and consulates of the governments of the relevant countries”. Additionally, the decree added two new articles numbered Article 2 (bis) and Article 2 (bis1). Article 2 (bis1) states that “a committee shall be established by a Decree of the Minister of Trade, to follow grievances against non-registration or cancellation of registration. The grievance request shall be submitted to the Trade Agreements and Foreign Trade Sector to be presented to the Grievances Committee. The grievance shall be decided upon within a period not exceeding 15 days from the date of its submission, and the grievant shall be informed of the reasons for non-registration or cancelling of registration and the corrective actions that must be taken to re-register”.
k. Article 2 (bis) states that “Striking off /cancelling of registration shall take place through a decision by the head of GOEIC in cases of missing any of the registration conditions, and the decision will state the reasons for cancellation of the registration. A grievance of the cancellation decision could be submitted within 60 days of informing the relevant factory /company.In this context, Egypt affirms commitment to the rules and legislation regulating international trade, within the framework of its membership in the World Trade Organization, as well as our commitment to our membership in all the regional agreements, especially the COMESA countries, as one of the most important trading partners of Egypt.
2. The Secretariat facilitated a bilateral meeting between Mauritius and Egypt on 17 Nov 2022 to discuss resolution of this NTB in which Egypt informed the meeting that the decree had been amended and the procedures were simplified and therefore it was agreed that Mauritius advise their private sector to try and register again and report back should they face any challenges .
3. This matter was again discussed during the Workshop on Capacity building for Focal Points and NMC on 3- 6 April 2023 at which it was recommended that Mauritius provides feedback in the online system on the experience of their private sector when trying to register under the improved electronic registration procedures.
3. During the 3rd meeting of the NTBs Forum: i. Egypt informed the meeting that the new decree simplifies the documentation and registration procedures and provided the website that could assist in that regard and therefore the NTB should be resolved;
i. Egypt informed the meeting that the new decree simplifies the documentation and registration procedures and provided the website that could assist in that regard and therefore the NTB should be resolved;
ii. Mauritius requested more time to complete internal consultations with their exporters and provide feedback in the online system;
iii. In case a bilateral meeting between the two countries is necessary , Mauritius will inform Egypt also indicating the agenda for the meeting.
4.On 21st February 2024 , Mauritius submitted the following feedback from their consultative process with stakeholders:
The main outcome of the consultations with the private sector is that the NTB has deterred exports to Egypt. The exporters also highlighted that:
a) The process for registration of each shipment is cumbersome and time-consuming, whereby different approvals are required from different agencies;
b) The lengthy process will increase the lead time, thereby negatively impacting the competitiveness of our exports;
c) The requirement to provide a Certificate of Inspection/Compliance (from 3rd Party) or ISO 9001 certificate (for manufacturer) to Customs appears to still be maintained by the Egyptian Authorities;
d) They are already exporting to international brands based in Southern African, European and North American markets without the need to provide a Certificate of Inspection/Compliance (from 3rd Party) or ISO 9001 certificate (for manufacturer) to Customs; and
e) In addition, several of the key customers of Mauritian companies trust the internal Quality Management System of the company and have classified these companies as a ‘Self-approve’ manufacturer
 
NTB-001-105 7.8. Consular and Immigration Issues
Policy/Regulatory
2023-03-01 Zambia: Ministry of Home Affairs Mozambique Complaint registered with REC View
Complaint: New Migration Fees Introduced by The Republic of Zambia
The Ministry of Industry and Commerce of Mozambique, has received a complaint/ notification from the Mozambican private sector regarding to the introduction of migration fees by the Zambian Government Authorities. The referred fees are applicable only to foreign citizens, promptly implementing the respective price list, since the beginning of June 2022.
From a practical point of view, and with regard to the resulting costs, for road freight transporters in particular, the introduction of these fees means that, for the fee valid for 1 year, the amount to be paid is approximately US$1250.For one way trip (immediate validity), the amount to be paid is approximately US$490.This fee apply only to foreign road freight transporters, including Mozambicans, and does not apply to locals.
Other measures which Zambia introduced and are adding to cost of doing business are (1). the introduction of a ban on filling fuel reserve tanks for foreign trucks, with a view to obliging them to purchase fuel in Zambian territory, (2). the introduction of road charges and, (3). the obligation to send 50% of the transported cargo to the Republic of Zambia.
We believe that the way which the Government of Republic of Zambia acts violates the Agreements signed by it in relation to the policies adopted by SADC, in the field of road transport, for which the Member States agreed to develop a harmonized transport policy that safeguards the principles of equal treatment, non-discrimination, reciprocity, fair competition, harmonized operating conditions that promote the creation of an integrated road transport system in the region.
In this regard, Mozambique requests the intervention of the Zambian Authorities, with a view to the immediate elimination of the Migration fees, introduced in this country, as well as other deterrents to carrying out the cargo transport activity in the Country, and applicable only to carriers foreigners or alternatively, and if the country is not available to do so, immediately use the principle of reciprocity, by applying the same measures to carriers in that country, if they are in transit or enter the national territory
 
NTB-000-959 7.4. Costly procedures 2020-05-18 Mozambique: Delegação Aduaneira de Zobwe Malawi In process View
Complaint: Introduction of escort fees.

An escort fee at Zobue to escort Illovo Sugar (Malawi) trucks to Beira. It is US$ 200 per batch of 3 vehicles. If there is a single vehicle/truck that must get to the port the fee is still $ 200.

And there is also a scanning charge of US $ 20 per vehicle.
 
Progress: On 28 September 2022 , Mozambique Focal Point reported that , in light of Decree 26/2010, of July 14, it is foreseen to charge road fees for passenger and cargo vehicles with foreign registration plates that cross the border of Zóbwé, Cassacatiza, Calómué, Mandimba, Milange, Namaacha, Goba and Changara District.  
NTB-000-953 7.4. Costly procedures 2020-04-11 Namibia In process View
Complaint: At Katima Mulilo border post between the Republic of Namibia and the Republic of Zambia, Zambian Authorities/ Command centres, specifically the Zambia Police Service and the Ministry of Health Officials stationed at Katima Mulilo border post from the Provincial Administration in Western Province tasked to screen truck drivers at the border post, are charging Namibian transporters and truck drivers to meet logistical costs of escorting their respective quarantined truck drivers to Kazungula, Livingstone, Lusaka and Kasumbalesa transits especially perishables and other essential commodities such as medicines, clearly at variance with World Customs Organisation (WCO) and World Trade Organisation (WTO) Protocols on Trade, destined for the Republic of Zambia and the Democratic Republic of Congo via the Walvis Bay - Ndola - Lubumbashi Development Corridor (Namibia, Zambia, DRC). In the Republic of Zambia and other SADC Member states, and in line with World Health Organisation (WHO) Public Health Protocols, screening, testing and quarantining of truck drivers for covid - 19 are State operations and are at variance with the agreed SADC Guidelines on Harmonisation and Facilitation of Cross Border Transport Operations during the covid - 19 outbreak. This is an added cost of doing business, unnecessary cross border delays without prior notification to transporters and a Non - Tariff Barrier to Trade.

This is unprecedented, Namibian transporters are being charged as much as K800 for each Police Officer for at least 3 days and each convoy of trucks has at least 3 Police officers. The cost is meant to cover lodging and subsistence allowance for the officers.

This is an encumbrance to trade, against the SADC Guidelines on movement of goods and services in the region amid covid - 19 and adds to the cost of doing business, against WCO, WTO, and WHO best practices on global trade facilitation and Public Health.
 
NTB-000-751 8.7. Costly Road user charges /fees 2017-05-01 Zambia: Ministry of Trade Botswana In process View
Complaint: Transporters have noted the many benefits of using Botswana as a transit instead of Zimbabwe. It is a well known fact that Zimbabwe borders are slow and congested, there are many tolls we pay (for no service), numerous road blocks (harrassment of drivers and lack of adherence to SADC appreciation of the Soveriegnty of Foreign COF's), high fuel costs and failing road infrastructure. The completion of the Kazungulu Bridge is a much anticipated event that will give transporters access to an efficient and cost effective transit to Zambia.

On the 11th November 2016, Zambia issued SI 85 of 2016, The Tolls Act in which the Second Schedule Section A and B outlines Entry Tolls for COMESA/SADC and other Countries. Botswana was not included under SADC and awarded tolls higher than other SADC States. On the 1st May 2017, Botswana retaliated by issuing an Amendment of the Road Traffic and Road Transport (Permits) regulations, 2017. Under this Amendment, tolls were increased and in turn, Zambian Transporters handed a hefty penalty. The result is that as a Zambian Transporter our Transit Fees through Botswana increased by 70%.

This makes the Botswana route unattractive and given the congestion at Kazungulu, we have had to run through Zimbabwe again. We are delayed here by congestion, delays in ZIMRA electronic sealing processes and run the gauntlet as described above.

Surely the whole idea of building the Kazungula Bridge is to improve the flow of traffic through Botswana and create economic advantage? With the increase in the tolls in a tit for tat manner, building the bridge is a waste of time.

Could the member States please meet and look at treating each other in the spirit encouraged by SADC.
 
Progress: 1. On 11 January 2019, Zambia Focal Point reported that the two parties (Zambia and Botswana) are undertaking consultations on the matter in order to resolve the issue.
2. On 02 June Secretariat was advised to organise virtual meeting between the Focal Points to recommend way forward
 
NTB-000-987 8.7. Costly Road user charges /fees 2020-09-26 Zambia: Kazungula Ferry Botswana In process View
Complaint: Zambia Road Transport and Safety Agency (RTSA)charges Botswana trucks 541 US Dollars per each entry into Zambia, while other SADC Countries are charged per distance. South Africa trucks are charged 110 US Dollars from Kazungula Ferry to Lusaka, Namibia trucks are charged a fixed 209 US Dollars per truck anywhere into Zambia. Zimbabwe and Tanzania pay a the same as South Africa.

Botswana trucks again have to pay RTSA K469 for identity cards per unit which becomes costly for Botswana truckers while other SADC Countries do not pay for identity cards. As Esmail Carriers (PTY) LTD we have 12 trucks that are crossing into Zambia and this has been going on for over 8 years. Per trip we spend more than P6765 per truck and per month the cumulative costs amount to more than P80 000.00 (RTSA charges). For identity cards is about P12 600.00 per month. Furthermore, Zambia has introduced new inland road tolls which we are paying in addition to existing charges.

This has become detrimental to our business as we lose more revenue on a daily basis. We currently request the Zambia government, Botswana government and SADC Secretariat to resolve this issue.
 
Progress: On 8th December 2020, Zambia Focal point reported that they were making follow up with the Road Transport and Safety Agency ( RTSA) and provide feedback as soon as possible.  
NTB-001-118 8.7. Costly Road user charges /fees 2023-05-16 Democratic Republic of the Congo: Mitaka, Lualaba province Democratic republic of Congo Namibia In process View
Complaint: DRC authorities in Mutaka, Lualaba province are charging 100 United states dollars for scanning each commercial truck loaded with cargo.

Cumbersome barriers, lengthy procedures have caused unprecedented congestion of hundreds of trucks in Mutaka area.

Truck drivers no sanitation, no wellness facilities, power security. One truck driver died in his truck on the due to Kasumbalesa border.
 
Progress: 1. On 22 May 2023, DRC Focal Point reported that the complaint had just been submitted to the competent service (Ministry of Foreign Trade) and that investigations would be undertaken as soon as possible for resolution.  
NTB-001-156 8.7. Costly Road user charges /fees 2024-03-09 Rwanda: Rusumo Tanzania New 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.  
NTB-001-148 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-23 South Africa: Durban sea Port Lesotho In process View
Complaint: Pls kindly see below containers that are to be stopped by SARS.
1. MSKU0755208(Case No.: 480816390), vessel will berth on 27/11
2. MRKU3124436(Case No.: 480819630), vessel will berth on 27/11
3. NYKU4442550(Case No.: 480020360), vessel will berth on 3/12
4. BSIU9818016 (Case No.: 480069900),vessel will berth on 3/12

As you know all vessels delayed so long more than 1 month. Our productions are waiting for the materials. We urgently need all the materials for the garments of export. Pls urgently help to release all these containers.
Highly appreciated
 
Progress: 1. On 29th November 2023, South Africa Focal Point reported that the NTB is still been considered by SARS office. SARS will provide feedback when the investigation is completed.  
Products: 6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted  
NTB-001-149 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-24 South Africa: Durban sea Port Lesotho In process View
Complaint: Pls see below container No. which is to be stopped by Sars.
RSU6006851 Case No.: 480928296 Vessel will berth on 27/11

As you know all vessels in Durban delayed so long more than one month. There are Fabric and Accessaries in this container. We urgently need the Fabric and Accessaries from our import containers for export. Pls kindly urgently help to release the container.
Highly appreciated
 
Progress: 1.Lesotho Focal Point reported that there was little communication from SARS on why the containers destined to Lesotho are detained. These are inputs that are used in production and such delays affect production timeframes and losses.  
Products: 6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted  
NTB-001-150 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-12 Lesotho: DURBAN PORT South Africa New View
Complaint: THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME  
NTB-001-070 1.7. Discriminatory or flawed government procurement policies 2022-06-30 Tanzania: Namanga Kenya In process View
Complaint: URT charging Kenya an import discriminatory Excise Duty introduced vide URT Finance Act 2022. Additionally, some consignments are discriminatively subjected to Tsh.1000/kg not anywhere in the URT Finance Act 2022. The same excise duty is not applicable to the same or like products produced in URT hence creating unfair competition between the Partners States Originating products.  
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. 
Section 2 of the East African Community Customs Management Act, 2004 defines import as to bring or cause to be brought into the Partner States from a foreign country, and export as to take or cause to be taken out of Partner States. Accordingly, Article 8 of the Treaty for Establishment of East African Community, EAC Community Laws take precedence over similar national laws on matters pertaining to the implementation of the Treaty
 
Progress: 1. During the Regional NTBs Forum,URT informed the meeting that the complaint is not an NTB but a charge of equivalent effect which is like what is in the Kenya’s Finance Act of 2022. This is a result of non-harmonization of domestic taxes in the Region. The Republic of Kenya informed the meeting that the Kenya Finance Act is not discriminatory and hence the Charge on Confectionary Sugar by URT is an NTB and should be resolved by abolishing the discriminative fees. The Trade Committee meeting recommends that the process of harmonizing the fees, levies and charges should be fast tracked. During the 41st SCTIFI meeting Kenya observed that confectionary products from Kenya should not be treated differently from confectionery products produced in Tanzania. At the 41st SCTIFI meeting, the Republic of Kenya observed that NTB-001-070: “URT discriminatory charges of import TSh.700 and unfounded charges of Tsh.1000 to Kenya confectionary, sugar and sugar products.” The EAC TBP submissions has referred to the excise duty as fees and subsequently recommended the process of harmonizing the Fees, levies and charges should be fast tracked. Kenya’s submission is that the description of the charges as fees is erroneous. The charge is an excise duty as contained in the United Republic of Tanzania Finance Act of 2022 and the custom entry presented as evidence. This measure is therefore disciplined under Article 15 of the Protocol establishing the EAC Custom Union and not subject to the process of harmonization of fees, levies and charges. The excise duty discriminates transfers of confectionary, sugar and sugar products from Kenya which are levied Tshs 700 per kilogram against locally produced like-products which are levied Tshs 500 per kilogram. This measure is a violation of Article 15 on National Treatment which prohibits Partner States from imposing, directly or indirectly, on the products of other Partner States any internal taxation of any kind in excess of that imposed, directly or indirectly, on similar domestic products In addition, in the custom entry presented as evidence, the Kenya exporter has been charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya therefore requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
2. During the 42nd SCTIFI, the Republic of Kenya informed the meeting that Kenya exporters were charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya, therefore, requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
The United Republic of Tanzania informed the meeting that there was an error in the Law that had since been reviewed through a Government Notice number 478(1) of 4th July 2022. The meeting noted that in the reviewed Law, locals are charged NIL while exports are charged 1,000 Tshs. URT to consult on the application of the new law and revert.
 
NTB-001-110 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory
2022-07-01 Kenya In process View
Complaint: United Republic of Tanzania subject a discriminatory treatment to Kenyan export/transfer on products of animal and animal products despite their commitment in the bilateral meeting to amend the Act to resolve the discriminatory charges on the Kenya animal and animal products by June 2022.

Tanzania charges descriminatory meat products an import fees of Tshs 3,000 per kilogram (Kg) for imports consignment. The fees is contained in the animal diseases (animals and animal products movement control) .(amendment) regulations, 2022 of the United Republic of Tanzania that came into operation on 1st July 2022. These charges have rendered Kenyan exports especially milk and milk products, meat and meat products including sausages uncompetitive in the Tanzanian market while Kenya facilitates Tanzania meat and meat products sausages into Kenya without any discrimination.

These charges contravene the GATT 1994 Art III on National Treatment, Articles 1 and 75 (6) of the Treaty as well as Articles 1 (1) (definition of imports) and 15 (1) (a) and (2) (National Treatment) of the Customs Union Protocol and Article 6 (1) of the Common Market Protocol of the Community Laws.

The charges are also in violation of Article 10 of the Custom Union Protocol that obligates Partner States to remove all internal tariffs and other charges of equivalent effect.

Kenya urges:-
a)Tanzania to abolish these prohibitive discriminatory charges and treat our animal and animal products as from the local market and accord same rate as their own without discriminating not to call it import as import is from outside EAC.
b) URT to abolish the discriminatory charges as per the customs union protocol.
d) URT to treat Kenya meat and meat products as local and not as an import.
C)URT to stop restricting the quantities to be imported/transfered by the Kenya companies.

In addition URT charges xthe following discriminative charges:
1) URT charges import fee of 2% FOB by Tanzania Meat Board
2) 0.4% on FOB by Tanzania Atomic Energy
3) 0.2% FOB by Weight and Measure Agency

Kenya request URT to consider abolishing the discriminatory charges which are equivalent import duty prohibited in the EAC Protocal.

On the contrary Kenya facilitates Tanzania sausages without any charge.

This is really unfair practices where URT is charging import charges to Kenya products despite Kenya being in the EAC Customs union where we transfer products and not import
 
Progress: The 34th RMC noted that the NTB was new. URT reported that they would consult the relevant stakeholders and revert during the 35th RMC  
NTB-001-137 1.7. Discriminatory or flawed government procurement policies 2023-09-04 Rwanda: Rwanda Revenue Authority Kenya In process View
Complaint: Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya

The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda.
 
Progress: 1. In November 2023, Rwanda Focal Point reported that they were consulting relevant institutions on this specific case, and would provide feedback soon
2. On 20 March 2024, Rwanda Focal Point provided following feedback :
According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectionaries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn
 
NTB-001-014 1.6. Domestic assistance programmes for companies
Policy/Regulatory
2021-03-17 South Africa: Rhodes Quality, Cape Town Botswana New View
Complaint: We are a freight logistics company based in Gaborone, Botswana(100% citizen). During registration on supplies portals in South Africa they require us (Foreign freight logistics companies without branches in South Africa ) to be BBBEE compliant despite we providing them with all company documents verifying that we are foreign based with Head Offices out of South Africa borders. Because of the nature of our business which compels us to conduct cross border transportation, South African supplies would immediately inform us we can't do business with them on the basis of non - compliant on BBBEE requirements. Arrangement in place promotes South African transporters to do cross border and prohibits foreign transporters to haul commodities back to country of operation. Please note we are not issued with any documents as a dispensation on our Head offices out of South African borders.

Kindly assist in the best possible way.
 
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
 
Products: 2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09.  
NTB-001-106 1.1. Export subsidies 2022-07-05 Zambia In process View
Complaint: • Multiple duties and taxes within neighbouring countries (Despite trade support treaties like COMESA/SADC etc.) defeat the purpose of promoting trade among African countries.
• Porous border smuggling and undervalued products at official borders wipe out the business viability for structured players like Tradekings.
• Lengthy Compliance processes, Multiple agency approvals and complex certification requirements further discourage sincere exporters as these layers increase the product turnaround time and further increase RTM cost and delivery time.
For example: Tanzania/Zimbabwe - COC, Inspection, Route plan B, Importer licenses & various agency registrations (Multiple window clearance, COMESA certificate).
 
NTB-001-065 5.3. Export taxes 2022-04-01 Botswana: Ministry of Finance South Africa Complaint registered with REC View
Complaint: Botswana government is about to introduce the Tax Stamps on all imported products and that would affect the South African Wine Industry. The Tax Stamp imposition has been confirmed by the Botswana Minister of Finance and they have appointed the Service Provide that would conduct a Research.  
NTB-001-112 1.2. Government monopoly in export/import 2023-01-01 Uganda: Ministry of Finance Kenya In process View
Complaint: Uganda Denial of Market Access to EAC Partner States Under Preferential Treatment by charging full CET of 35% to juices origination from Kenya transferred to Uganda by Bidcoro.  
Progress: During the RMC held in May 2023, Uganda reported that they would consult on the evidence and revert during the 35th RMC  
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