| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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 |
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NTB-001-242 |
6.5. Variable levies |
2024-12-27 |
Kenya: Ministry of Finance |
Tanzania |
In process |
View |
|
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:
|
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.
The 38th RMC meeting referred the NTB on valuation to SCOC for consideration and resolution and report back to the next RMC |
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NTB-001-214 |
6.6. Border taxes |
2024-10-01 |
Tanzania: Rusumo, Mutukula, Kabanga |
Rwanda |
In process |
View |
|
Complaint:
|
Through Port Health at Rusumo, Kobero / Kabanga and Mutukula/Mutukula, the United Republic of Tanzania charges the Republic of Rwanda and the Republic of Burundi Trucks 5 USD or the equivalent in Tshs as Free Pratique which is not in the EAC legal framework for free movement of cross-border trade. |
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Progress:
|
1.The United Republic of Tanzania submitted that Free Pratique is an internal health practice for taking samples, inspections, maintenance, vaccination, and sanitising at points of entry and exit. The fee which is charged once per vehicle per journey, is charged based on the Tanzania Public Health Act 2009 http://elibrary.osg.go.tz/bitstream/handle/123456789/1006/01-2009%20The%20Public%20Health%20Act%2c%202009%20.pdf?sequence=1&isAllowed=y and International Health Regulations 2005.
Free Pratique in the Tanzania Public Health Act 2009
Definition: "free pratique" means permission for a ship or an aircraft to enter a port embark or disembark, discharge or load cargo or stores;
When is it granted:
Section 40 (3) Where the Port Health Officer is satisfied that -
a) a communicable or infectious disease is not on board;
b) The Responses on the Maritime Declaration of Health Form are negative:
c) the Ship Sanitation Control Certificate or Ship Sanitation Control Exemption Certificate is valid; and
d) there is no other reason for the ship to be further inspected he shall grant a certificate for free pratique and allow the ship to enter the port as prescribed in the Seventh Schedule to this Act.
Section 43: Except in the case of danger, the Master of a vessel arriving at any port or place in the country and a person on board the vessel, shall not communicate or attempt to communicate with the shore or any other vessel, other than by signal, until a certificate for free pratique has been granted to that vessel in accordance with the provisions of this Act and any other relevant laws.
Partner States expressed their concern on the discriminatory fee charged at Rusumo, Kabanga and Mutukula OSBPs only and is demanded on truck drivers without any service being provided to them.
2.The United Republic of Tanzania submitted that Free Pratique is an internal health practice for taking samples, inspections, maintenance, vaccination, and sanitizing at points of entry and exit. The fee which is charged once per vehicle per journey, is charged based on the Tanzania Public Health Act 2009 http://elibrary.osg.go.tz/bitstream/handle/123456789/1006/02009%20The%20Public%20Health%20Act%2c%202009%20.pdf?sequence=1&isAllowed=y and International Health Regulations 2005.
Further, the United Republic of Tanzania reported that the charges are not confined to regional trade only and not discriminative as they are applied to all borders and all vehicles including those registered in Tanzania. In that view, the United Republic of Tanzania considers that the charges are not qualified to be NTB. In addition, the United Republic of Tanzania reported that the charges are 5 USD for buses / trucks and other surface vehicles; and USD 20 for trains.
Other Partner States noted that the charge of 5 USD is only imposed at Rusumo, Kabanga and Mutukula OSBPs and hence, it is discriminatory. The meeting emphasized that the fee is an NTB because it impedes trade in goods and services and increases the cost of doing business in the region thus it should be removed.
The United Republic of Tanzania requested for time to undertake consultations on the matter and report resolution by 28th February 2025.
The Sectoral Council on Trade, Industry, Finance and Investment urged the United Republic of Tanzania to finalize the internal processes on the removal of the charges related to conveyance inspection and resolve the matter by 28th February 2025 (EAC / SCTIFI 45 / Directive / 48).
2.Tanzania through the Ministry of Health undertook a consultative meeting and agreed to consider the matter during the financial year 2025/26 |
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NTB-000-530 |
8.6. Vehicle standards
Policy/Regulatory |
2012-09-10 |
Zambia: Zambia Bureau of Standards |
South Africa |
In process |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Zambia is requiring all foreign tankers either delivering product to Zambia, or transiting Zambia, to comply with its Standards 371:2008 and 429-4:2008.
Furthermore, it is charging transporters to obtain a permit to certify that the tankers comply with the Standards. This requirement is affecting the free flow of goods into Zambia.
Zambia is requested to recognise the foreign vehicles national certificates of roadworthiness as it is difficult for Transporters operating tankers into Zambia to alter the design of their tankers at short notice.This is against the objectives of trade facilitation, will create monopolies and increase the cost of transport. |
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Progress:
|
1. On 25 January 2018, Zambia Focal Point advised that the Zambia Bureau of Standards had taken into account the concerns raised. The standard (ZS 371:2008) is currently under revision to address concerns among other matters.
The matter had also been tabled under SADC in an effort to harmonize the standard in the region
2. During the 15th SADC Sub Committee on Trade facilitation held in May 2017, Zambia reported that this NTB had been resolved. However, South Africa Focal Point undertook to verify with complainant and provide feed back on the status.
3. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that through SADCSTAN and Tripartite Transit Transport Facilitation Programme had recently agreed on the standard on transportation of dangerous goods which covers fuel tanks that will resolve this matter. |
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NTB-001-026 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2021-08-18 |
Zimbabwe: Beitbridge |
South Africa |
New |
View |
|
Complaint:
|
There has been noticeable decrease in the volume of traffic crossing the Beitbridge border on the Zimbabwean side of the border for a few months now. On a normal working day +/- 1 500 trucks can cross the North South Corridor Border. The crossing entails Customs releases with the verification of other Government agencies to test and verify safety and security of the goods (Consignment).
However, in the last few months, the number has reduced to a maximum of +/- 400 trucks crossing the North South corridor. The drop in the movement of cargo is a combination of many factors and cannot be blamed solely on the hard infrastructure layout. An alignment with clear roles, responsibility, risk management profile , screening and removing of old outdated manual processes is required.
The challenge emanates from lack of harmonisation by enforcement Government agencies operating at the border which creates a huge bottleneck with minimal peace of mind, i.e SAPS on the South African side, Zimbabwe with its multiple Other Government Agencies involvement and linkage to a Private security company controlling the flow of cargo movement.
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NTB-001-153 |
2.3. Issues related to the rules of origin |
2024-01-26 |
Zambia: ZAMBIA REVENUE AUTHORITY |
Tanzania |
In process |
View |
|
Complaint:
|
The ZB Card company shipped a shipment to Zambia at the end of January which is subject to the original SADC laws. When you arrived at ZRA, they refused to allow it, claiming that the HS Code is incorrect, so they ordered ZB Card to change it. ZB Card did that but ZRA has rejected the CoO claiming that it is not authentic. We have contacted TCCIA so that they can confirm its authenticity and TCCIA has done so but since 10/02/2024 there has been no success |
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NTB-001-229 |
1.14. Lack of coordination between government institutions |
2025-01-16 |
Madagascar: other |
Tunisia |
New |
View |
|
Complaint:
|
The Tunisian company "Société des Boissons du Cap Bon" has entered into a partnership with a Madagascan distributor, "4 Seasons", represented by Mrs. Safa Hamdi, for the distribution of its products, in particular juices, soft drinks and cheeses. The Tunisian company agreed to an annual forecast of 12 to 15 containers and in return granted the distributor exclusive rights to distribute its products on the Madagascan market.
The Tunisian company began working with this distributor with a first shipment on March 23, 2024, consisting of a total of four containers: three of juice and one of cheese. Attached are photos of the "Délice" brand products distributed by 4 Seasons in gas stations, supermarkets and traditional markets. Our distributor has also made considerable efforts to promote the products through sponsorship campaigns, urban billboards and a strong digital presence, demonstrating its commitment.
However, the Tunisian company encountered a problem: a company called IBC, which we understand is in the construction business and is neither a distributor nor a juice producer, registered the "Délice" brand in Madagascar under the name "Délice de Fruit" using our logo. It has since contacted the distributor of the Tunisian brand to try to persuade it to work with IBC using its trademark registration.
It should be noted that the "Délide de Fruits" trademark has been registered with the African Intellectual Property Organization (OAPI) since December 2022 and with the National Institute for Standardization and Industrial Property (INNORPI) since 2006, 2019 and 2022 (all documents are attached). |
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NTB-001-275 |
2.3. Issues related to the rules of origin |
2025-08-18 |
Tanzania: Namanga |
Kenya |
New |
View |
|
Complaint:
|
The Tanzania Revenue Authority (TRA) Customs has raised doubts regarding the Certificate of Origin issued by the Kenya Revenue Authority (KRA). However, TRA has failed to provide any written explanation for its objections and has refused to verify the certificate directly with KRA via email.
As a result, the goods have been held at the Namanga border, causing delays and financial losses to the consignee. This action by TRA Customs constitutes a violation of the EAC Protocols and Regulations, undermines the rights of the importer, and damages the legitimate business interests of Kenyan enterprises engaged in intra-EAC trade. |
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NTB-001-284 |
1.7. Discriminatory or flawed government procurement policies |
2025-07-01 |
Tanzania: TRA |
Kenya |
New |
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% |
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NTB-001-285 |
1.7. Discriminatory or flawed government procurement policies |
2025-07-01 |
Tanzania: TRA |
Kenya |
New |
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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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:
|
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-001-151 |
8.8. Issues related to transit |
2023-09-13 |
Mozambique: Beira Port |
Malawi |
New |
View |
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Complaint:
|
The Malawi pigeon pea export consignment to India has been detained at Beira port in Mozambique for the following reasons:
1. 275Mt for Grey Matter - Investigation on issues of origin. However, the consignment bears Malawi custom seals and documents, emphasizing its Malawi origin.
2. 1500MT for Africa Fertilizer Ltd – Rules regarding fumigation. All the consignment loaded in trucks in Malawi, and stuffing was done in containers in Beira.
3. 3275MT for Afrisian Ltd – Customs verification if the cargo is in transit. |
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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-001-225 |
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:
|
During the 46TH SCTIFI Kenya reported that There are ongoing consultations to resolve this issue in the financial year 2025/26 |
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NTB-001-299 |
Congested Empty container Depots |
2025-09-01 |
Kenya: Mombasa sea port |
EAC |
New |
View |
|
Complaint:
|
The Kenya Transporters Association (KTA) reports a critical and ongoing operational barrier at the Port of Mombasa: the systemic failure of shipping lines to repatriate empty containers, leading to severe congestion at their nominated Empty Container Depots (ECDs). As the legal owners of these containers, shipping lines are responsible for ensuring their designated depots can receive them. However, these facilities are now operating beyond capacity and are routinely turning away trucks, creating a landside bottleneck that paralyzes the logistics chain and nullifies the port's efficiency.
This failure has triggered a devastating cascade of consequences. Transporters' trucks and drivers are physically immobilized for days, unable to offload containers and redeploy for new cargo. This directly results in massive financial losses from lost revenue, skyrocketing operational costs (fuel, wages, parking), and the unjust threat of demurrage charges from the very shipping lines causing the delays. The immobilization of a significant portion of the trucking fleet disrupts national supply chains, harms the environment through unnecessary pollution from idling vehicles, and threatens the viability of transport businesses.
KTA places the responsibility for this crisis unequivocally on the shipping lines. Their failure stems from a fundamental neglect of their asset management and logistical duties, including the inadequate evacuation of containers and the poor management of their contracted depot infrastructure. This operational failure is now being unfairly transferred to transporters in the form of financial losses and penalties, a cost-shifting practice that is unacceptable and must be rectified immediately by the responsible parties. |
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Products:
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9801.00.45: - For motor vehicles for the transport of goods of heading 87.04, of a vehicle mass exceeding 2 000 kg or a G.V.M. exceeding 3 500 kg, or of a mass exceeding 1 600 kg and of a G.V.M. exceeding 3 500 kg per chassis fitted with a cab (excluding shuttle cars |
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NTB-001-268 |
6.2. Administrative fees |
2025-03-13 |
Kenya: Busia |
Uganda |
In process |
View |
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Complaint:
|
The EAC Simplified certificate of origin is issued to cross-border traders at a fee charged for a photocopy (10 KES) without giving a receipt. This is to request the Regional Monitoring Committee (RMC) to urge Partner States to issue EAC Simplified Certificates of Origin free of charge to small-scale cross-border traders. |
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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 |
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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. |
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NTB-001-197 |
1.8. Import bans |
2024-09-11 |
Democratic Republic of the Congo: Ministry of External Trade |
Uganda |
In process |
View |
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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. |
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Progress:
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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. |
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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.
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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. |
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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:
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Kenya informed the SCTIFI that the Amendments to be effected in the 2025 / 2026 Financial year by 1st July 2025 |
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