| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-284 |
1.7. Discriminatory or flawed government procurement policies |
2025-07-01 |
Tanzania: TRA |
Kenya |
In process |
View |
|
Complaint:
|
The Tanzania government imposed a 10% excise duty on soap detergents transferred/exported by Kenya into Tanzania, violating the principles of the EAC Protocal article 15 & 75 and creating an unfair competitive environment. This tax favours local Tanzania producers of whom do not pay the 10% excise duties, further distorting the market.
3401.11.00 Soap and
detergents 10%
3401.19.00 Soap and
detergents 10%
3402.50.00 Soap and
detergents 10%
3402.90.00 Soap and
detergents 10% |
|
|
NTB-001-285 |
1.7. Discriminatory or flawed government procurement policies |
2025-07-01 |
Tanzania: TRA |
Kenya |
In process |
View |
|
Complaint:
|
The Tanzania government imposed a 10% Discriminatory Levies: Industrial Development Levy
excise duty on Road tractor for semi-trailers transferred/exported by Kenya into Tanzania, violating the principles of the EAC Protocal article 15 & 75 and creating an unfair competitive environment. This tax favours local Tanzania producers/assemblers of whom do not pay the 10% Industrial Development Levy, further distorting the market.
Road tractor for semi-trailers 10% for HS
8701.21.90
8701.22.90
8701.23.90
8701.24.90
8701.29.90
|
|
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Progress:
|
During the 39th RMC, URT informed the meeting that she is still in consultations and will update by December 2025 |
|
|
NTB-001-329 |
5.3. Export taxes |
2026-02-20 |
Ethiopia: Galafi |
Ethiopia |
New |
View |
|
Complaint:
|
The Small scale cross border traders who were able to export different live animals and agricultural products to Djibouti through the Galafi Border are required to pay export tax per head of the livestock at the border. The total export amount allowed in a month is up to USD 1,000 per cross border trader that are found in different parts of the Afar region.
The export tax in Dewele border is not yet implemented and it is considered as a discriminatory compared to the Dewele border of the country. |
|
|
Products:
|
0106.13: Live camels and other camelids [Camelidae], 0104.20: Live goats and 0703.10: Fresh or chilled onions and shallots |
|
|
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. |
|
|
Progress:
|
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. |
|
|
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. |
|
|
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. |
|
|
Progress:
|
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. |
|
|
NTB-001-023 |
8.1. Government Policy and regulations |
2021-07-26 |
Democratic Republic of the Congo: The DRC government. Ministry of Transport |
South Africa |
New |
View |
|
Complaint:
|
The DRC has just published legislation prohibiting foreign vehicles from loading mining products and to remove (export) them from the DRC. The unofficial translation of the new DRC amendment:Article 4-It is strictly forbidden for any vehicle not registered in the Democratic Republic of Congo to load goods, in this case mining products from the national territory; In the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk.
According to an unofficial translation of article four of the amendment affecting the DRC's road freight sector, "it is strictly forbidden for any vehicle not registered in the DRC to load goods, in this case mining products, from the national territory”.
The article continues, saying "in the event of violation of the above paragraph, the goods are immediately unloaded at the shipper's risk”. The decision is expected to have a wide-ranging impact on exports out of the DRC's Copperbelt region, with some transporters going so far as to say that it's wholly impractical and a protectionist strategy that is bound to boomerang against the government in Kinshasa. |
|
|
Progress:
|
The issue is about the possible NTB that could arise from the implementation of the act. and therefore for now we dont have proof that it caused NTB |
|
|
NTB-001-197 |
1.8. Import bans |
2024-09-11 |
Democratic Republic of the Congo: Ministry of External Trade |
Uganda |
In process |
View |
|
Complaint:
|
The Democratic Republic of Congo (DRC) suspended the transfer of soft drinks and beer from other countries, citing that only products from nations with bilateral agreements will be accepted. This suspension directly contravenes the spirit of the East African Community (EAC) and its commitment to fostering free trade and economic cooperation among Partner States.
The Memorandum of Understanding (MOU) that limits acceptance of products to those from countries with bilateral agreements undermines the EAC's principles of regional integration and free movement of goods. It creates unnecessary trade barriers and hinders the seamless exchange of goods between EAC Partner States, which is fundamental to the EAC Customs Union's objectives.
Addressing this issue is critical to ensuring that all EAC partner States can trade without restrictions and continue to benefit from the shared economic goals outlined in the EAC Treaty. |
|
|
Progress:
|
1. DRC informed the RMC meeting of 17th October 2024 that the measure is temporary based on WTO Law on Safeguard measures and is meant to protect domestic industries.
The RMC meeting noted that even based on WTO Rules, DRC had not followed the right procedures for the application of the safeguard measures as there was no investigation done to show proof of serious injury or threat to injury caused to DRC factories by the excess transfer of drinks from other Partner States and there was no investigation done to establish the causal link between the closure of the factories and the transferred of goods from EAC Partner States. The meeting further observed that DRC is a member of EAC and any safeguards measures taken should be per the EAC Customs Union Protocol Safeguard Measures stipulated under Article 19.
2.Democratic Republic of Congo informed the meeting that the measure is temporary based on WTO Law on Safeguard measures and is meant to protect domestic industries which were dying as a result of transfers from Partner States. The meeting noted that even based on WTO Rules, Democratic Republic of Congo had not followed the right procedures for the application of the safeguard measures as there was no investigation done to show proof of serious injury or threat to injury caused to Democratic Republic of Congo factories by the excess transfer of drinks from other Partner States and there was no investigation done to establish the causal link between the closure of the factories and the transferred of goods from EAC Partner States. The meeting further observed that the Democratic Republic of Congo is a member of EAC, and any safeguards measures taken should be per the EAC Customs Union Protocol Safeguard Measures stipulated under Article 19.
The Sectoral Council on Trade, Industry, Finance and Investment urged Democratic Republic of Congo to lift the ban on soft drinks and beer from the EAC Partner States as it contravenes the EAC Treaty and report to the 46th Sectoral Council for Trade, Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 51).
3.During the RMC, DRC submitted that the temporary measure had been removed.
The meeting noted that the NTB was imposed through a Ministerial order and hence agreed that DRC should submit evidence of removal of the temporary measure through the same means to resolve the NTB.
4.During the 39th RMC, DRC requested 2 weeks to resolve the NTB |
|
|
NTB-001-199 |
1.8. Import bans |
2024-06-20 |
Democratic Republic of the Congo: Ministry of External Trade |
Uganda |
In process |
View |
|
Complaint:
|
The Democratic Republic of Congo (DRC) has instituted a suspension on the transfer of grey cement and clinkers to its Western and Eastern regions. This action raises concerns as it disrupts trade flows and hinders the movement of these essential construction materials within the region.
Such a suspension could have broader implications for trade and economic cooperation within the region, affecting both producers and consumers. The measure may also contravene regional trade agreements aimed at facilitating the free movement of goods, as outlined in the East African Community (EAC) protocols, and could undermine the spirit of regional integration.
A review of this suspension is essential to ensure the continued trade of critical materials and to uphold the principles of regional cooperation.
|
|
|
Progress:
|
1. DRC informed the RMC meeting of 17th October 2024 that the measure is temporary based on WTO Law on Safeguard measures and is meant to protect domestic industries.The RMC meeting noted that even based on WTO Rules, DRC had not followed the right procedures for the application of the safeguard measures as there was no investigation done to show proof of serious injury or threat to injury caused to DRC factories by the excess transfer of drinks from other Partner States and there was no investigation done to establish the causal link between the closure of the factories and the transferred of goods from EAC Partner States. The meeting further observed that DRC is a member of EAC and any safeguards measures taken should be per the EAC Customs Union Protocol Safeguard Measures stipulated under Article 19.
2.The meeting observed that when the Democratic Republic of Congo joined the Community a roadmap was developed to help the Democratic Republic of Congo to be integrated into EAC Projects and Programmes. Democratic Republic of Congo should commence implementation of the roadmap and comply with EAC Laws, among others, the Customs Union Protocol to allow free movement of goods. The Sectoral Council on Trade, Industry, Finance and Investment urged Democratic Republic of Congo to lift the ban on cement and clinker from the EAC Partner States as it contravenes the EAC Treaty and report to the 46th Sectoral Council for Trade, Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 52).
2.During the RMC, DRC submitted that the temporary measure had been removed.
The meeting noted that the NTB was imposed through a Ministerial order and hence agreed that DRC should submit evidence of removal of the temporary measure through the same means to resolve the NTB.
3.During the 39th RMC, DRC requested 2 weeks 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 |
|
Complaint:
|
THE COUNTY OF KAJIADO CHARGES TRANSIT FEES OF 2000 KSH PER FOREIGN TRANSIT TRUCKS |
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Progress:
|
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. |
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|
NTB-001-218 |
2.6. Additional taxes and other charges |
2024-10-29 |
Tanzania: Dar es Salaam |
Kenya |
In process |
View |
|
Complaint:
|
Tanzania's Finance Act 2024 introduced an excise duty for ‘’imported’’ products under HS Code 32.08 (Paints and varnishes including enamels and lacquers) of T Shs. 500 per kilo. However, this excise duty has NOT been imposed on any local manufacturers of the same products.
We intend to import items under this heading made in Kenya. Under the spirit of the EAC Trade protocols, which allows for free movement of goods, no duties, taxes or other non-tariff barriers should be imposed on any goods from a EAC partner country that a local manufacturer does not pay.
Therefore we believe this excise duty represents a huge disincentive to Kenyan manufacturers and hindrance to free trade within the EAC.
After writing to the TRA for assistance in the above issue, we were told that the Excise duty is chargeable to all goods falling under that heading even if it is of Kenyan origin (see our letter and their response)
We therefore request your assistance on way forward for us to import items under the HS codes mentioned from Kenya without being subject to this new excise duty of 500 T Shs. Per kilo. |
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Progress:
|
1. The SCTIFI of May 2025 noted that, although the Republic of Kenya had not provided transactional evidence on the reported excise duty, broader concerns remain regarding the misapplication of the term “imports” within the EAC context. Partner States were reminded that Article 15 of the Customs Union Protocol on National Treatment prohibits discriminatory treatment of goods originating from other EAC Partner States. The meeting therefore urged all Partner States to harmonize the interpretation and application of the term “imports” in national laws and practices with the EAC legal framework, in order to facilitate intra EAC Trade.
2.During 39th RMC,URT reported that they were still consulting will update by December 2025 |
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NTB-001-228 |
2.8. Lengthy and costly customs clearance procedures |
2025-01-16 |
Tanzania: Tanzania Revenue Authority
Ministry of Minerals |
Zambia |
New |
View |
|
Complaint:
|
Tanzania Revenue Authority has introduced a new system for copper imports whereby the Ministry of Minerals must stamp the export permit. Only once this is done can the assessment be completed and the vehicles cross the border (Nakonde/Tunduma) to Tanzania. Once the vehicle is on the Tanzania side, the Ministry of Minerals must stamp the assessment. After the assessment is stamped, it must be scanned to the TRA HQ in Dar es Salaam for approval. The Approval is then scanned back to the border, and the T1 can be generated and the vehicles cleared for movement. This is time-consuming and leads to further congestion at this border post, where containerised cargo to Zambia takes a fortnight to cross between Tunduma and Nakonde. |
|
|
NTB-001-282 |
1.7. Discriminatory or flawed government procurement policies |
2025-05-13 |
Tanzania: Dar es salaam City Council |
Kenya |
In process |
View |
|
Complaint:
|
Tanzania imposition of multiple road toll charges at the border, Dar Esalaam City Council on exports/Transfers that hinders ice cream, Chocolate etc exported from Kenya into Tanzania. |
|
|
Progress:
|
During the 39th RMC,Kenya reported that this is a road toll where the truck was charged Tsh 400,500/= The two Partner States agreed to consult on the evidence given and report back. |
|
|
NTB-001-281 |
1.7. Discriminatory or flawed government procurement policies |
2025-08-08 |
Tanzania: TRA |
Kenya |
In process |
View |
|
Complaint:
|
Tanzania imposition of discriminatory Excise Duty on exports/Transfers that hinders Chocolate export from Kenya into Tanzania. The same is not subjecting to chocolate manufactured in Tanzania |
|
|
Progress:
|
During 39th RMC, URT informed the meeting that she is still consulting and will report back by December 2025 |
|
|
NTB-001-279 |
1.7. Discriminatory or flawed government procurement policies |
2025-05-19 |
Tanzania: Tanzania Dairy Board |
Kenya |
In process |
View |
|
Complaint:
|
Tanzania Dairy Board discriminatively charging 1.75% F.O.B value of on Kenya dairy produce on Pasteurized whole
Milk, Skimmed, Condensed, Yoghurt, ice cream and Powdered milk.
TDB is violating the Article 15 of the EAC Custom Union Protocol on national treatment. Same treatment as Tanzanian products in terms of charges. |
|
|
Progress:
|
During 39th RMC, URT informed the meeting that this is among the identified list of fees, levies and charges hence it is to be considered during harmonization process |
|
|
NTB-000-936 |
2.6. Additional taxes and other charges |
2019-11-19 |
Zambia: Chirundu |
Zimbabwe |
In process |
View |
|
Complaint:
|
Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market |
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|
Progress:
|
1. On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .
2.During the Zambia NMC verification mission to Chirundu held on 11-12 June 2020, ZRA advised that the surtax is Customs Valuation matter and hence a tariff matter and not an NTB. With regard to the problem of customs the uplifting values for duty purposes and disregarding the invoice value , the client is advised to appeal to department of International and Policy to have the valuation matter reviewed and possibly resolved
3. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021 Zambia reported that the NTB is a tax policy issue and internal consultations with relevant authorities were in progress and they will provide feed back by July 2021.
4. In September 2022, Zambia Focal Point reported that Surtax on imported tiles was a tax policy issue that was presented to the Ministry of Finance for resolution. On the issue of uplifts on the declared values of the imported tiles, the Zambian law provides a channel for aggrieved clients to appeal.
5. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries to hold a bilateral meeting to consider the matter by 31st October 2023.
6. During the NTBs workshop 17th – 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss the additional taxes.
7. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. |
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Products:
|
6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like. |
|
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NTB-000-420 |
2.3. Issues related to the rules of origin |
2011-05-01 |
Zambia: Nakonde |
Kenya |
In process |
View |
|
Complaint:
|
Since early May 2011, one of our Association member companies(Bidco Oil Refefineries) product's(palm based cooking oil) has been stopped from entering the Zambian market by Zambia Revenue Authority with the reason that the product do not meet 35% value addition criteria as required under COMESA product on the rules of origin. Zambia government Authorities including the officials of the Zambia revenue Authority have visited in the past Bidco oil refeneries and confirmed that palm based cooking oils meets 35% value addition criteria. Kenya Revenue Authority had also in May did a fresh verification mission on the affected product which we understand was sent to ZRA. To date ZRA has not responded to verification report of KRA on the company's product and meanwhile the company continue incurring losses due to lost market share Zambia. Our submission is that Zambia Revenue Authority respond to Kenya Revenue Authority verification report and follow the laid down procedures in the COMESA Protocol on the rules of origin if the Authority is still disputing the fulfillment of 35% value addition in regard to the product. This is happening at the border points. The importer has now stopped importing palm oil cooking oils consignments from Kenya after dealer paid the CET rate of 25% instead of 0% and incurred very heavy loss. |
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Progress:
|
1. On 16 July 2020, Kenya focal point reported that this issue was raised again during the recent 8th COMESA NTBs Focal Points meeting held from 8th - 10th July, 2020, where it was agreed that both Parties to resolve the NTB. Kenya is therefore requesting the Focal Point from Zambia to provide the necessary information on the support documents required to be provided, so that our exports of cooking oil can continue to enjoy market access into Zambia.
2. The TTFSC recommended to 40th meeting of Council of Ministers that the Secretariat compiles a record of Council decisions and all the interventions that have been undertaken to facilitate way forward and fast tracking of resolution of the NTB. The Secretariat will circulate the record by 15 March 2020.
3. During the meeting of NTBs Focal Points held in Nairobi on 19- 21 August 2019, Zambia Focal points reported that, with regard to the audit report by KPMG, had requested for additional support documents which have not been availed by Kenya. Zambia and Kenya bilaterally engaged during the NTBs focal point meeting and Kenya undertook to follow up on the request for additional documentation. Kenya further requested Zambia to provide the correspondence in which additional support documents were sought for.
4. The 2nd meeting of the COMESA Heads of Customs Sub Committee which met from 19-20 June 2015, noted that KPMG report had confirmed that Palm Oil from Kenya met the COMESA RoO and that KRA had written to its counterpart ZRA on 28 February as per recommendations of the extra - ordinary meeting of the COMESA Trade and Customs committee held on 9-11 February 2015. Zambia confirmed receipt of the required information informed the meeting that the issue was under consideration .
5. On 16 January 2015, Kenya Focal point reported that according to KAM consultant on edible oils, the NTB was discussed and an audit was carried out independently on Bidco by KPMG and communicated to the Ministry of Foreign Affairs & International and COMESA Secretariat in 2014. KAM was advised that the audit found that palm oil exported to Zambia by Kenya had 40% value addition.KAM was now waiting for their edible oils KAM consultant to advise whether the exports of these products were receiving preferential tariff treatment in Zambia.
6. As at 26 September 2013, the COMESA secretariat was yet to provide progress report.
7. On 16th July 2013, Kenya Focal point requested Zambia to indicated progress made since their report to the Tripartite NTBs Online Reporting, Monitoring & Eliminating Mechanism meeting and SMS Reporting Tool Launch on 9th and 10th April 2013 in Lusaka Zambia. At this meeting, the Republic of Zambia indicated that the bilateral meeting would be held within a month’s time from the date of this meeting. Kenya proposes that, in view of the delays in bilateral consultations, the COMESA Secretariat facilitates a meeting where they will act as an arbitrator in helping the two partner states resolve the NTBs and enable industry to benefit from the inherent market access for their products.
8.At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool from 9-10 April 2013 in Lusaka, Zambia,Kenya and Zambia requested the COMESA Secretariat to organise a bilateral meeting between the two countries in order to arbitrate between them. COMESA Secretariat was also requested to provide guidance on the proper interpretation of the Rules of Origin for this product.
9.On 1 November 2019, Kenya focal point reported that : As a follow up to the meeting of NTBs Focal Points held in Nairobi on 19- 21 August 2019, where Kenya and Zambia bilaterally engaged, Kenya undertook to follow up on the request for additional documentation. However, to do this, Kenya had requested Zambia to provide the correspondence in which additional support documents were sought for, to finalize on this issue. We are therefore kindly requesting for the same.
10. On 16 July 2020, Kenya Focal Point reported that this issue was raised again during the EAC- COMESA NTB Meeting held from 8th - 10th July, 2020, where it was agreed that both Parties to resolve the NTB. Kenya is therefore requesting the Focal Point from Zambia to provide the necessary information on the support documents required to be provided, so that our exports of cooking oil can continue to enjoy market access into Zambia.
11. On 25 February 2021, Zambia Focal Point reported that the issue is work in progress and the required information documents would be shared soon.
12. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021, it was agreed that Zambia will send a request to Kenya within 30 days to submit cost structure of the inputs used to produce the final product (cooking oil) for determination of origin status under the value addition origin criterion after which a verification mission to Kenya will be organized.
13. On 30 July 2021, Zambia reported that, as previously submitted following the KPMG Malawi Audit report, not all components of value addition could be verified from the report due to the following:
i) Absence of raw material/blend mix to accurately determine actual quantities of raw materials used in the processing of a specific volume of crude oil.
ii) No documentary evidence to verify other operating costs such as water, electricity, spares and consumables and their source.
iii) No documentary evidence to verify labour costs.
In this regard, the value addition criterion as provided for under Rule 2 (1) (b) (ii) of the COMESA Rules of Origin could not be independently determined due to the absence of vital information.The outstanding information should therefore be availed in order to accurately determine the value addition of the oil produced by BIDCO.
14. During the 2nd meeting of the COMESA NTBs Forum, Zambia F reported that the 9th session of Kenya – Zambia Joint Permanent Commission for Co-operation (JPCC) resolved that Zambia should write to Kenya to request for an appropriate date for another verification visit to resolve the outstanding matter. A letter was done to make the request for another verification visit.
15. During the Kenya National Workshop on development of a National Strategy on Elimination of NTBs held from 5-7 July 2023 it was agreed that the Secretariat to share with Kenya the request from Zambia for additional information which will be relevant as proof for satisfying the value addition origin criterion under the COMESA Rules of Origin. Please find attached the communication from Zambia. Further, the National Focal Point from Zambia, also requested for the additional information using this online system on 30 July 2021.
16. The Kenya and Zambia Focal Points submitted progress reports to the 3rd meeting of the NTB Forum held on 20- 22 September 2023 which it was agreed that both countries undertake verification missions between 27th and 30th November 2023. The Secretariat would provide support to Member States to undertake the activity.
17. During an NTBs Workshop 17th – 19th April, 2024 both countries agreed to a market access bilateral meeting as the verification mission has been overtaken by events and the palm oil manufacturer is no long operating.
18. On 17th June 2025, the two Member States convened a bilateral meeting which agreed as follows:
i. Kenya is still interested in market access for exports of palm-based oil.
ii. Kenya informed the meeting that there was a need to still consider recommendations and findings of previous verification missions on the basis that the conditions were still the valid hence no need for another verification.
iii. Zambia indicated that verification reports have certain shelf-life after which the conditions and circumstances on the issues under verification may have changed hence the need for a fresh verification.
iv. Both Member States to share documentation, review and make comments in preparation for the next meeting in August 2025.
19. On 2 September 2025, the Secretariat shared documents at its disposal including the KPMG Report on the cooking oil to support the bilateral engagements between the Member States. |
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Products:
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1511.10: Crude palm oil |
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NTB-001-103 |
2.13. Issues related to Pre-Shipment Inspections |
2019-02-01 |
Botswana: Pioneer Gate |
South Africa |
New |
View |
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Complaint:
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Since 2019, goods exported from S. Africa to Botswana require additional certification from a Certified Accreditation Body ( see attached ) This is now over and above documentation from an ILAC accredited test house that has always been acceptable in the past.
This is an additional cost that must be passed on the consumers ( inflationary aspect )
Measures such as this are puzzling as they are not in the spirit of the African Continent Free Trade Agreement and actually restrict the free flow of goods
It is a questionable move as with Botswana being a member of SACU, the country relies on S. Africa to disburse shares of import duties collected at S. African ports |
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NTB-001-080 |
2.2. Arbitrary customs classification |
2022-09-07 |
Zimbabwe: Chirundu |
Zimbabwe |
In process |
View |
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Complaint:
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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 |
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Progress:
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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.
3. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda as it affects Zambia’s trade.
4. During the 10th Meeting of the TTFSC held on 2 - 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing.
Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. |
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NTB-001-226 |
1.1. Export subsidies |
2024-11-20 |
Lesotho: Maseru Bridge |
Lesotho |
New |
View |
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Complaint:
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Samples being sent by road-freight to South Africa for testing at an accredited laboratory were refused passage.
Company was informed that the only way to send the samples for testing was to send via air. The challenges are that bulk orders do not fit on an Airlink flight and therefore would require a specific mode of chartered transport .This increases costs significantly and could potentially be the cause that orders are cancelled |
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