Active complaints

Showing items 21 to 40 of 66
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
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Reporting country or region
COMESA
EAC
SADC
Status
Actions
NTB-000-932 8.1. Government Policy and regulations 2019-12-04 Zambia: Ministry of Transport Zimbabwe In process View
Complaint: Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.

The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation.
 
Progress: Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that SADC has set up a task force to look into this and other NTBs .  
NTB-000-931 7.3. Corruption 2019-11-26 Zambia: Mazabuka SADC New View
Complaint: Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete.  
NTB-000-926 7.3. Corruption 2019-11-04 Mozambique: Delegação Aduaneira de Zobwe Malawi In process View
Complaint: Bus travelers are being charged R50 on Zobue and Cuchamano border with Mozambique for passport stamping on Entry and Exit as traders travel by Road.  
NTB-000-925 7.4. Costly procedures 2019-06-03 Tanzania: Namanga & Arusha Kenya In process View
Complaint: TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
 
Progress: 1. During the Sectoral Committee on Trade of 1st January, 2019, the United Republic of Tanzania examined the explanation and evidence provided by the Republic of Kenya and observe the following:
a) Republic of Kenya should not generalize the matter, the evidence provided was related to the company transporting chemicals into Tanzania;
b) Transport permits for chemicals related products are issued once the import permit has been issues
c) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, A transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delayed in issuing the transport permit as it was issued on the same day. It should noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
d) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
e) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7.

2.During the NMC meeting held on 10- 11 March 2020, Kenya requested Tanzania to explain the following:
i. Why Kenyan manufactured confectioneries are screened for atomic energy while the harmonized EAC Standard for these products does not require so?
ii. Why Kenyan manufactured products are charged a levy of 0.4% of the invoice value which goes against the MFN Principle.
iii. Why Kenyan products already tested and affixed standardization mark are retested before goods are allowed entry.
Tanzania expected to provide response and way forward on this NTB

3.During the NMC meeting held from 13th - 14th March 2020, Tanzania reported that:
i) Harmonized standards exist but are silent on the issue of Atomic Energy.
ii) Confectioneries fall under the food category hence require an atomic energy certificate.
iii) Tanzania has instituted and equipped atomic energy offices at all borders
iv) All goods that require atomic energy certificate are screened at the border
v) Application for and issuance of Atomic Energy certificates are made online
vi) Attachment of certificate for all restricted goods issued by responsible Government agencies is mandatory before lodgement of TANSAD is accepted by TRA.
vii) Analysis charges apply to all transfers.
 
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. 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.
2.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.
3. 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.

4. 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.
 
NTB-000-922 2.13. Issues related to Pre-Shipment Inspections 2019-05-30 Uganda: UNBS Kenya In process View
Complaint: Lack of recognition of online KEBs standardization mark validity.
Delay in release of shipment , increased cost of transportation

UNBS and KEBS to mutually recognize online standardization mark validities/online KEBs certificate to avoid any costly delays.
 
Progress: 1. During the Sectoral Committee on Trade held on 28 October - 1 November 2019, the Republic of Uganda informed the meeting that she will consult and report back during the SCTIFI of November 2019
2. On 10 March 2020, the Secretariat reported that; During the NMC meeting, Kenya reported that, the quality marks are issued against a permit that can be physical or electronic. KEBS issues a physical permit and updates the same online in order to facilitate the movement of goods and verification of permit status. Kenya urged Uganda and other Partner States to recognize the online permit. Uganda was expected to report on the resolution of this NTB.
 
NTB-000-921 5.5. Import licensing requirements 2019-04-01 Tanzania: TMDA Kenya In process View
Complaint: TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products.  
Progress: During the Sectoral Committee on Trade held on 28 October - 1 November 2019, United Republic of Tanzania reported that she would consult and report back.  
NTB-000-919 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-09-24 Kenya: Namanga Tanzania In process View
Complaint: Denial of preferential treatment on Labels produced by TP Label limited.  
Progress: The Republic of Kenya informed the Sectoral Committee on Trade held on 28 October - 1 November 2019, she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.  
NTB-000-917 2.9. Issues related to transit fees 2019-10-02 Tanzania: Tanzania Revenue Authority Rwanda In process View
Complaint: Requirement by Tanzania Revenue Authority to Rwandan transporters to use two customs bonds on the Northern-Central Corridor (Kigali-Rusumo-Mombasa via Holili-Taveta border post) costing US$ 150 on departure and US$ 80 on return  
Progress: During the Sectoral Committee of Trade held on 28 October - 1 November 2019, requested Rwanda to always use the Regional Bond. and also requested the EAC Secretariat to submit the NTB to the Committee on Customs for resolution.  
NTB-000-916 3. Technical barriers to trade (TBT)
B14: Authorization requirement for TBT reasons
2019-10-02 Tanzania: Government Chemist Laboratory Authority. Rwanda New View
Complaint: Requirement by United Republic of Tanzania to transit trucks carrying chemicals to have export and transport chemical permits. Trucks are charged US$ 1 per ton and in most cases arbitrary charges which are imposed to transit vehicles only. The amount is applied to the entire container weight regardless of the weight of the other non-chemical products being transported in the container. Permits are difficult to obtain during week-ends and original copies are required at the border creating further delays  
Progress: 1.During the Sectoral Committee on Trade held on 1st November, 2019, the United republic of Tanzania informed the meeting, this is legal requirements according to Industrial Chemicals and Consumers (Management and Control) ACT No. 3 of 2003 and its regulations of 2015, Any Individual or Companies that in one way or another they are dealing with chemicals (Importation, transportation, use, export, distribution and manufacture and disposal of chemicals) in the URT they are required to be registered by the registrar of chemicals (GCLA) and obtain a chemical permit. These permit are free and obtained online
It is not true that the URT (GCLA) is charging the FOB of the whole container containing small amount of chemicals, the problem is the importers and or exporter of chemicals they have one invoice with the FOB summed up for all the items in the container and when they are asked to bring the FOB breakdown and even or to bring the clarifications from the suppliers and or manufacture they don’t do that and instead they are preferring to use the FOB with no breakdown.
To address those issues and following the meeting which was held on Kigali on the 10th September, 2019 between Tanzania and Rwanda it was agreed that there will be a meeting between Tanzania and Rwanda at Rusumo border and among other things issues related to chemicals will also be discussed.

2.On 13 March2020, the Secretariat reported that Bilateral meeting is yet to be convened
 
NTB-000-912 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-09-10 Burundi: Bujumbura Port Tanzania In process View
Complaint: Republic of Burundi has denied preferential treatment of MS -Plate (Iron sheet) produced by ALAF Company in Tanzania.  
Progress: During the meeting of Committee on Trade held on 28 October - 1 November 2019, Republic of Burundi reported that she is still consulting on the evidence given.  
NTB-000-911 8.1. Government Policy and regulations
Policy/Regulatory
2019-10-15 Zambia: All Zambia Weighbridges Zimbabwe In process View
Complaint: Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country.  
Progress: 1.On 17 October 2019, Zambia Focal Point reported that they were following up on the matter and would provide feedback as soon as possible  
NTB-000-910 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-08-28 Rwanda: Rusumo Tanzania In process View
Complaint: The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania.  
Progress: 1. The Republic of Rwanda informed the Sectoral Committee meeting held on 28 October - 1 November 2019, she sent a letter to Tanzania to request for a verification mission paints manufactured by Silk coat.Tanzania took note of the request by Rwanda and agreed to report back.
2.During the NMC meeting of 13th - 14th March 2020, the meeting was informed that the Verification was conducted from 13th - 21st January 2020 and the report was submitted to the relevant authorities as agreed. The recommendations of the report provided that the product qualifies for preferential treatment.
Rwanda to implement the recommendations of the Verification Mission report.
 
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.
 
NTB-000-903 8.4. Transport related corruption 2019-04-05 Kenya: Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret Rwanda In process View
Complaint: Multiple police check points from Mombasa to Malaba (Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret).
During the 27th RMC meeting the Republic of Rwanda reported that there are many check points from Mombasa port to Malaba/Busia which charge money to transporters.
 
Progress: 1. The Regional Monitoring Committee held on 15th October, 2019 Kenya reported that the police cheques are not permanent, they are put according to the security alerts and removed accordingly. Kenya provided a general line +254800721230 which can be called in case of any emergency transporters may encounter on the road.

2.During the NMC meeting, Kenya reported that the Police checks are temporary and are for the Security of the EAC Citizens. Traders should understand that Safety and Security should not be compromised. But if traders are asked for money at the Police checks they should call +254800721230 and report. Further, the Kenya Police shall continue to sensitize their members to fast track their processes and facilitate cross border trade.|

KRA works with the Kenya Police through the Regional Electronic Cargo Tracking System sends a signal whenever a track stops for more than 10 minutes. The fast response unit usually responds within 10 minutes of receiving the notification.
 
NTB-000-881 8.8. Issues related to transit 2009-02-04 Tanzania: Nakonde Zambia New View
Complaint: Since 2006, the Tanzanian Government imposed a ban on importation of poultry and poultry products to curb any possible Avian Influenza Disease outbreak. However, a Zambian Company (Hybrid Poultry Farm) has been denied Transit Permit for hatching eggs destined for Kenya. The hatching eggs are not going to be offloaded in Tanzania as it will only be used as a transit country and will be transported in sealed refrigerated containers.  
Progress: During the meeting of NTBs Focal Points held on 19- 21 August in Nairobi, Tanzania Focal Point undertook to follow up with relevant authorities and provide feed back by 30th September 2019.  
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.
 
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.
 
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.
 
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: 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.  
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