Active complaints

Showing items 21 to 40 of 67
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
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NTB-000-864 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Juices products Kenya reported that the Juices are still charged 13% excise duty.  
Progress: 1.Delmonte Pineapple Juice:
Uganda reported that it is difficult to differentiate between pineapple juice manufactured using the locally-acquired concentrate and juice manufactured using concentrate imported under duty remission for exports.
Therefore, Uganda could not accord preferential treatment to Delmonte pineapple Juice.
2. During the JPC held with Kenya,Uganda stated that this provision in the excise Duty Act is global and not specific to juices coming in from Kenya. This provision is under a law which is considered domestic and the country has a sovereign mandate to make provisions related to internal tax.Uganda however promised to undertake stake holder consultation on the excise duty tax and report by June 2019.
3.The Regional Monitoring Committee held on 15th October, 2019 noted that these are two separate NTBs on Juices and Pharmaceuticals and should be treated separately. The NTB on Juice was referred to the Customs Committee for resolution during the SCTIFI meeting on 10th November, 2018.
On Pharmaceuticals: Kenya and Uganda agreed to resolve the NTB bilaterally as it was agreed by Heads of State. The two Partner States agreed to update the EACS on the progress.
During the Regional Monitoring Committee held on 15th October, 2019Uganda informed the meeting that work is ongoing to resolve the NTB and would report back by November, 2019
4.During the Sectoral Committee on Trade that took place on 31st October, 2019 Uganda reported that the two Partner States agreed on how to resolve the NTB on Juice bilaterally and have agreed on the framework for resolution and will consult with the responsible agencies to resolve the NTB as agreed by November, 2019.
5.Uganda to resolve the NTB as committed in the Bilateral meeting and also sensitize its Regulatory Authorities on the implementation of EAC Provisions.
6. During the RMC meeting held on 10 August 2020, Uganda reported that national consultations were ongoing and will report in next meeting.Uganda requested for amendment on this NTB since Kenya also charges excise duty on Ugandan juices as attached in the evidence.
7. During the RMC meeting held on 1 SeptemberThe Republic of Kenya informed the meeting that there is a Court (EACJ) ruling on a similar matter and hence Uganda should implement the ruling of the Court.The Republic of Uganda informed the RMC meeting that due to budget constraints the NTB will be resolved together with the one on Pharmaceuticals by 1st July 2021.The meeting therefore agreed to escalate the NTB to the SCTIFI through the SCoT.
8. During the SCTIFI, held in September 2020, the Republic of Uganda informed that resolving this NTB has a budget implication and hence committed to resolve the NTB by 1st July, 2021.
The Republic of Kenya requested that the Republic of Uganda considers implementing interim measures while awaiting resolution of this NTB.
9.The NTB was forwarded to the Directorate of Tax and Policy in the Ministry of Finance to be resolved in the FY 2022/2023. Uganda to invite Kenya for a midterm review of the Bilateral meetings in November 2021..Kenya requested Uganda to consider an interim measure to treat Kenyan products as Uganda products.
 
NTB-000-803 2.6. Additional taxes and other charges 2018-02-28 Tanzania: Importation into Tanzania Malawi In process View
Complaint: CORI Ltd visited Tanzania last year to look for export markets for cooking oil in Tanzania. CORI was informed that the government in Tanzania does not promote/support importation and that Tanzania has a 15% surcharge on the importation of cooking oil.  
Progress: 1. The SADC Secretariat is advising the Malawi should provide additional information to assist resolve the NTB. Malawi was therefore requested to provide information on the origin of the goods or where it is manufactured and any other relevant information .
2. On 23rd June 2020, Malawi Focal point responded that the cooking oil is wholly produced in Malawi and therefore meets the SADC rule of origin for exportation into Tanzania .
 
NTB-000-947 3. Technical barriers to trade (TBT)
B33: Packaging requirements
2018-03-01 Uganda: Uganda Bureau of Standards Kenya In process View
Complaint: Uganda rejection of tissue paper manufactured in Kenya by Africa Cotton Industries. Uganda does not allow group packaging of tissue paper as provided for under the EAC harmonised standard.
Uganda have not implemented the EAC harmonized standards therefore the products must conform to Uganda National standard.
 
Progress: 1. During the RMC meeting held on 10 August 2020, Uganda reported that Uganda has not yet adopted the East African Standard for toilet paper on technical ground and the matter is before the EAC Technical Committee and as such imports of toilet paper into Uganda is subjected to the Uganda Standard for toilet paper i.e. US 126, Toilet paper – Specification.
2.The RMC meeting held on 1 September 2020, was informed that this issue is under discussion at the EAC Standards Committee.
3.The SCTIFI held in September 2020 was informed that the EAC Standard 2017 was reviewed in 2018 where Partner States agreed on all parameters except for packaging. and hence some Partner States went ahead to develop National Standards.The meeting was informed that a meeting was scheduled to take place in November 2020 and hence agreed that discussions with the Standards Committee be finalised by December, 2020.
4.The SCTIFI held in September 2020, was informed that the EAC Standard 2017 was reviewed in 2018 where Partner States agreed on all parameters except for packaging. and hence some Partner States went ahead to develop National Standards.The meeting was informed that a meeting was scheduled to take place in November 2020 and hence agreed that discussions with the Standards Committee be finalised by December, 2020.
5.The RMC meeting held in May 2021 noted that the Republic of Uganda held a Bilateral meeting with Kenya and agreed on a time frame of 1st July 2021 to resolve the NTBs related to Exercise books, Exercise books, and Pharmaceuticals.
6.The Subcommittee met and agreed that Uganda needs to justify the parameter in the standards scientifically, by February 2021.The Standards Committee then referred the NTB to the Technical Committee, which collected data to facilitate consensus on what should be included in the standard. The Technical Committee meeting is ongoing and will deliberate on the data and the way forward.
 
NTB-001-037 1.7. Discriminatory or flawed government procurement policies 2018-03-01 Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES Kenya New View
Complaint: Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.

Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.

URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.

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. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
 
NTB-000-818 3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage
2018-05-17 Botswana: Ministry of Transport South Africa In process View
Complaint: Failure to implement Article 5.8 (6.2 Road Traffic Policy) leading to variable treatment of the transport of High Cube containers with height exceeding 4.3 metres.

The transport of High Cube Containers, on “standard” deck height (1.5 metres) vehicles and trailers results in overall height of approximately 4.5 metres.
Botswana: Imposes requirement for abnormal load permits for each load.
South Africa threatens to repeal moratorium on prosecution from 1 Jan 2019
Other countries ignoring “illegal” height, but “illegality” leaves insurance threats to operators.
Zambia (4.8), Zimbabwe 4.65), Malawi (4.6); Tanzania (4.6) have increased legal height to at least 4.6 metres.
Uncertainty in region is causing growing concerns regarding viability of international transport routes amid fears of further enforcement costs and barriers.
 
Progress: The Meeting of NTB-Market Access Task Force 18-20 March 2020 in Gaborone reported that MCBRTA standards agreed at the TSMCI of 31 October 2029 maximum vehicle height of 4.6m which will resolve this NTBs if South Africa complies with this standard.  
NTB-000-823 2.6. Additional taxes and other charges 2018-06-01 Botswana: BURS South Africa In process View
Complaint: Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34
 
NTB-000-830 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-07-16 Botswana: Martins Drift Zambia In process View
Complaint: A Zambian Registered Tanker carrying sulphuric acid from South Africa was weighed at the Martins Drift weighbridge with the following axle masses: Steer axle - 5200 kg (legal limit 8000 kg); Drive axles - 18200 kg (legal limit 18000 kg); Trailing axles - 22800 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 900 kg on the driving axle set. The weigh bridge official instructed the Driver to Park telling him that his driving axle was overloaded without the application of the 5% tolerance. It is observed that only at this weigh bridge there is no application of the 5% tolerance. In the spirit of harmonization South Africa, Zambia and Botswana the legal limits are the same with a 5% tolerance except at Martins Drift weighbridge. Kindly assist to resolve this issue at Martins Drift which is causing unnecessary loss of transit time and charges. Please note that this is not a one off incidence.  
Progress: 1. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that SADC has set up a Task Force to look into this matter among other NTBs.
2. On 22nd June 2020, Botswana Focal Point reported that they have contacted the relevant institution and they stated that they are still investigating on the matter and will give their feedback sometime during week 30 June - 4 July 2020
 
NTB-000-857 8.3. Immigration requirements (Visa, travel permit) 2018-10-01 Tanzania: Kilambo EAC In process View
Complaint: Tanzania charging of Business Visa of USD 250 to EAC business persons entering URT charged as Certificate of Temporary Assignment (CTA) at all borders  
Progress: 1. Tanzania reported that the charge is not for VISA but it is a fee on a pass.The fee is charged on persons coming in Tanzania to perform temporary assignments (economic activities and professional services) such as consultancies. The Meeting urged the URT to waive the fee for East African citizens as per Regulation 5 of the EAC Common Market Protocol.
2. During the Regional Monitoring Forum held on 29 April - 3 may 2019,URT informed the meeting that this fee is charged on persons coming in to perform temporary assignments (economic activities and professional services) such as consultancies.The Meeting urged the URT to waive the fee for East African citizens as per Regulation 5 of the EAC Common Market Protocol
Recommendation:
The EAC Secretariat to convene by September, 2019, a meeting of Ministries home affairs, chiefs of Immigration, and Ministries responsible for Trade to handle matter as it affects both trade in goods and services.
3.The extra ordinary SCTIFI of September 2019 was informed that the issue was discussed in a bilateral meeting between Uganda and Tanzania. And an update will be drawn from the report of the bilateral meeting.
4.The Regional Monitoring Committee held on 15th October, 2019 agreed to await the report of the meeting of Ministers of Home Affairs, Chiefs of Immigration and Ministers responsible for Trade as Directed by the SCTIFI and the Ministerial Bilateral Meeting that was held between Uganda and Tanzania in Dar Es Salaam, Tanzania.
Tanzania reported that the fee that is being charged is a business pass amounting to USD 100 and not a visa of USD 250 as reported. This is in accordance with the Common Market Protocol.
5.The Sectoral Committee on Trade meeting of 31st October, 2019 agreed that the NTB should be reviewed to reflect the actual amount of USD 100 instead of USD 250.Also recommended to SCTIFI to direct the EAC Secretariat to convene a meeting of Ministers responsible for Immigration matters, Trade, EAC Affairs and Chiefs of Immigration.
6. On 11 march 2021, Secretariat reported that the Report was presented to the 40th Council of Ministers which considered the regulations and referred them to the Sectoral Council on Legal and Judicial for legal input.
7. On 30 April 2021, the Focal Point for South Sudan informed that South Sudan currently does not charge visa fees for Tanzanian nationals. Meanwhile, the issue for the other remaining Partner States (Kenya, Rwanda, Burundi and Uganda) is being resolved and consultations with the immigration office started in March, 2011.
8.The EAC Common Market Regulation 12 Restrictions on the Free Movement of Services has been submitted to the Sectoral Council on Legal and Judicial Affairs scheduled for October 2021 for legal input.
 
NTB-000-836 2.6. Additional taxes and other charges
Policy/Regulatory
2018-10-26 Tanzania: Tanzania Dairy Board Rwanda In process View
Complaint: Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.

Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).

This is a total ban since milk imported cannot compete with the local one.
 
Progress: 1. The meeting reviewed the list of other charges of equivalent effect imposed on dairy products and noted that not all Partner States submitted the relevant charges as directed by SCTIFI. It was recommended that PS should forward the charges to the Secretatiat for compilation and harmonization.
It was noted that most of the charges are not customs-related and there is need to write through MEAC for ministries of Agriculture and Trade to facilitate provision of the information. The Forum directed the Secretariat to officially re-write to Partner States requesting for all the information on diary charges applied on imported processed milk by 30th May 2018. The Secretariat wrote to the Partner States and Partner States are yet to respond.
The Meeting of SC on Trade recommended that Partner States should submit comprehensive charges imposed on milk and milk products to the Secretariat by 30th November 2018.
2. In the Miisterial bilateral meeting held on 19 December 2018 URT reported that it is taking steps to harmonize fees and charges in order to facilitate trade, in line with the directive of H.E the President of URT to ease the doing business environment. Regarding the delays, URT indicated that they have received testing kits and as result, food and drug tests will be conducted at the border within one hour depending on the que. URT to communicate the implementation timelines by June 2019.
3. During the regional monitoring committee meeting held from 29 April - 3 May 2019, the Secretariat reported that they had sent a letter to Partner States to submit the additional charges for harmonization.
4.The EAC Secretariat reported that they are commissioning a comprehensive Study to conduct an inventory of discriminatory Levies, Fees and Charges of Equivalent Effects imposed by regulatory institutions in Partner States and their Impact on Intra EAC Trade.
5. Rwanda reported that there is good progress on resolving the issue.
6.The Regional Monitoring Committee held on 15th October, 2019 agreed that the EAC Secretariat gives an update on the study by May, 2020.
7.The Secretariat reported that the study on discriminative fees and charges of the equivalent effect that affect trade in the region was conducted and the report was validated on 28th February 2020 via Video Conference. Tanzania did not participate in the VC meeting due to connection challenges and will submit their comments once the validated report is shared. The study recommended the establishment of a regional task force to harmonize the fees and charges.
8.During the Sectoral Committee on Trade held in September 2020, the United Republic of Tanzania requested for more time to consult on the study and provide comments. The final comments will be submitted not later than 30th September, 2020.
9. On 24th November 2020, the Secretariat reported that the comments were provided to the EAC Secretariat and they will be incorporated into the report. Another Validation meeting will be convened to finalize the report.
10. On 11 March 2021, Secretariat reported that Tanzania provided the comments which were circulated to all Partner States as working document for the NMC meetings.
10.The Secretariat wrote to the Partner States to provide names of RTF members. All Partner States have nominated members. The Secretariat will convene a meeting of the RTF by January 2022
 
NTB-000-924 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-01-14 Uganda: Uganda Revenue Authority Kenya In process View
Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products.  
Progress: 1. Kenya and Uganda agreed to resolve the NTB bilaterally as it was agreed by Heads of State. The two Partner States agreed to update the EAC on the progress.
2. During the Regional Monitoring Committee held on 15th October, 2019Uganda informed the meeting that work is ongoing to resolve the NTB and would report back by November, 2019
3. On 10 march 2020, the Secretariat reported that Uganda was expected to resolve this NTB as committed in the Bilateral meeting and also sensitize its Regulatory Authorities on the implementation of EAC Provisions.
4. Uganda informed the RMC meeting held on 10 August 2020 that consultations are still ongoing to resolve the NTB. The meeting agreed that Uganda provides an update by 24th August 2020.
5.During the SCTIFI held in September 2020, the Republic of Uganda informed that resolving this NTB has a budget implication and hence will resolve the NTB by 1st July, 2021.
The Republic of Kenya requested that Uganda considers implementing interim measures while awaiting resolution of this NTB.
6. During the NMC meeting held in March 2021, the Republic of Uganda reported that the draft proposal to consider the original fee of 2% has been finalized pending clearance of the Solicitor General. Looking forward to being implemented by July 2021
7.The RMC held in October 2021 noted that Clearance is in the final stages at the Solicitor General’s Office. Uganda to fast track the consultations with the Solicitor General Office and provide an update during the Bilateral meeting in November 2021.
 
NTB-000-906 2.13. Issues related to Pre-Shipment Inspections 2019-04-05 Uganda: Uganda Weight and Measures Authority Tanzania In process View
Complaint: Uganda does not recognize the Calibration Certificate issued by the Weight and Measures Agent (WMA) for oil tank from URT: Republic of Uganda does not accept the Calibration Certificate of tanks from URT. As a result, our traders are forced to undergo recalibration by Ugandan counterpart Authority (Uganda Bureau of Standards) at a charge odd USD 230. This increases the cost of doing business. The trader paid Uganda shillings 2,655,600. It was stated that the certificate from URT is valid for the period of one year.  
Progress: 1. During the Sectoral Committee on Trade Uganda reported that it will consult and report back during SCTIFI of May 2019.
2.During the Regional Monitoring Committee held on 15th October, 2019, Uganda reported that the NTB was discussed in the EAC Standards Committee and it was recommended that a technical committee should be established to harmonise the the calibration procedures for the tankers and also the fees payable to the service provided. Uganda will report on the progress during the next Regional Monitoring Committee Meeting. Nevertheless, Tanzania is concerned about the charge and requested Uganda to consider and waive it.
3. As per Regional Committee Meeting held on 15th October, 2019, it was agreed that Uganda would provide progress made during SCTIFI meeting to be held in November, 2019, In addition Tanzania requests Uganda to recognize calibration certificate issued by Weights and Measures (WMA) as per SQMT Act, 2006. And also to consider and waive charges / fees.
4. During the RMC meeting held on 10 August 2020, Uganda reported that the law in Uganda requires a verification in Uganda. There is no EAC harmonized regulation in that area and unfortunately, UNBS registers over 95% failure rate on verification of such tankers.This matter was already raised at EAMET and resolved to constitute a technical team from all the member states to review procedures in place. This was not done and URT did not participate in subsequent meetings where action was to be determined. The fees rules provide the scheme for applicable fees. Regarding the payment of the trader paid Uganda shillings 2,655,600, there may be need to substantiate and investigate.
5.The SCTIFI meeting held in September 2020 agreed that the concerned calibration institutions undertake a peer assessment to establish discrepancies and report to the Secretariat by February, 2021.
6.The 24th EAMET meeting held from 29th to 30th September 2020 reported that Peer Review of Road Tanker Calibration/Verification and Visits to the Partner States not yet undertaken due to lack of funds to undertake the activity.
EAMET rescheduled the activity for January 2021 and recommended EASC to request the EAC secretariat to mobilize funds for a committee of experts to undertake the activity.b The 23rd EASC Meeting held from 7th to 8th October 2020 directed EAC Secretariat to:
-lobby for funds in collaboration with the Partner States towards the implementation of the EAMET work plan especially training on calibration/verification of tankers and peer assessment considering related NTBs; and
-fully engage weight and measure the institution of the United Republic of Tanzania to participate in EASC activities.
7. The Tanzania NMC meeting that was held in April 2021 noted that this NTB has been outstanding for a long time because the two Partner States are yet to meet and recommended that the EAC Secretariat coordinates the two Partner States to meet and undertake a peer assessment.
8.The RMC meeting held in May 2021 noted that the issues were discussed by the metrology Subcommittee (EAMET) and the 23rd EASC Directed the EAC Secretariat to engage Weights and Measure Tanzania on their participation in the subcommittee activities and coordinate the peer assessment to resolve the differences.
EAC Secretariat on 31st March 2021, held a meeting with Weights and Measures Tanzania on the participation in EAC Metrology activities. Peer assessment planned and to be undertaken by 30th June, 2021.
9.The Secretariat has convened peer assessment meetings scheduled as follows:
(i) 26th to 29th October 2021: peer assessment in Tanzania.
(ii) 3rd-6th Nov 2021: peer assessment in Uganda
 
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  
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.
 
Products: 6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like.  
NTB-000-938 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2020-02-08 South Africa: Beit Bridge Zimbabwe In process View
Complaint: Arenel (Pvt) Ltd was incorporated in the Republic of Zimbabwe in 1961. Arenel is manufacturer, seller and distributor of food and beverages with renowned brands in Biscuits and Sweets both locally, SADC Region and beyond. On Saturday, the 8th of February, 2020, our truck was subjected to inspection by Port Health, South Africa. The inspectorate then detained the truck on the premise that the labeling of our products was not complying to regulation No. R146 of 2010. The truck is still detained.  
Progress: 1. On 11 February 2020, ( 12:13hrs) South Africa Focal point advised that they were undertaking consultations with relevant authorities and will report back as soon as possible .
2. On 12 February 2020, the exporter advised that the truck had been released on condition that Port Health officials will collect samples for laboratory testing. However, when the truck arrives in South Africa, the company cannot distribute the consignment until samples are collected by the nearest Port Health Officials for lab tests.
 
Products: 1905.31: Sweet biscuits  
NTB-000-941 8.7. Costly Road user charges /fees 2020-02-28 Mozambique: Delegação Aduaneira de Machipanda (Road) In process View
Complaint: As per attached document dated 24 January 2020 entitled Payment of Customs Fee for the Issuance and Extension of the Temporary Import Licence for Vehicles, Mozambique has started charging foreign transporters a fee of Mets 750.00 per vehicle for the issuance of the Temporary Import Permit.

The issue of a Temporary Import Permit in the SADC region is not charged for at any other Port of Entry.

By allowing a charge of this nature that provides for no service, we are simply encouraging all member states to start charging for what has always been free of charge.
 
Progress: On 2 March 2020, DRC Focal Point requested Mozambique focal points to communicate feedback with regard status on how the NTB can be resolved.  
NTB-001-010 2.6. Additional taxes and other charges 2020-03-20 Uganda: Busia Kenya In process View
Complaint: INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya.
 
Progress: 1. On 17 May 2021, Uganda Focal Point reported that the Republic of Uganda held a Bilateral meeting with Kenya and agreed on a time frame of 1st July 2021 to resolve this and other NTBs related to taxation.
2.The NTBs was forwarded to the Directorate of Tax and Policy in the Ministry of Finance to be resolved in the FY 2022/2023. Uganda to invite Kenya for a midterm review of the Bilateral meetings in November 2021. Kenya requested Uganda to consider an interim measure on the VAT exemption.
 
Products: 0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus  
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-001-008 2.2. Arbitrary customs classification 2020-05-05 Zambia: Ministry of Livestock and Fisheries South Africa In process View
Complaint: Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product.  
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-000-959 7.4. Costly procedures 2020-05-18 Mozambique: Delegação Aduaneira de Zobwe Malawi New 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.
 
NTB-000-958 8.6. Vehicle standards 2020-05-20 Mozambique: Dondo Weigh Bridge -19.578854, 34.728999 SADC New View
Complaint: The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.

On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.

According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.

Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.

The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.

Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
 
Progress: On 12 October 2021, Mozambique Focal Point reported that: The lack of registration indicating Gross Weight and Tare of the vehicle is provided for in Article 67 of the Regulation of Transport in Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. The fines for violations of the RTVAR rules are listed in Annex II, pursuant to paragraph 1 of Article 134.
In those cases where there are irregularities in the issuance of the fine notice, paragraph 3 of Article 134 of the RTVAR entitles the driver to submit a complaint to the National Institute of Land Transport (INATTER) within fifteen (15) days from the date of issuance of the said notice. The complainant does not provide any proof of payment, which makes it uncertain to know whether he has paid it or not.
Measures will be taken to improve supervision in this weighbridge and throughout the Corridor. Contact phone numbers will be made available at weighbridges and checkpoints for the purpose of clarifications and complaints.
 
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