Active complaints

Showing items 41 to 60 of 125
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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 Actions
NTB-001-029 2.3. Issues related to the rules of origin 2021-09-07 South Africa: South Africa Revenue Services ( SARS) Mauritius In process View
Complaint: On 6 September 2021, the SADC Business Council convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges in the application for SADC for export to South Africa. Mauritian exporters need to make a fresh application to customs each and every time they export to South Africa even if the manufacturing process remains the same and same materials are used. They need to resubmit all documents (raw material import documents, BOE, Stock movement statement etc) at each shipment. This is time consuming and complicates export procedures. It also put exporters at risk if they don’t get the certificate or it is delayed and the goods have already been produced.

Mauritian exporters request the region's policy makers to develop a longer certificate of origin that can be used repeatedly for similar shipments. And may be a yearly review/assessment by Customs for renewal 		 
Progress: 1. On 12 May 2022, South Africa Focal Point provided the response by SARS below and recommended that the NTB be resolved on that basis:
a)There is nothing wrong with the requirements and this is what we are doing in our policy https://www.sars.gov.za/sc-ro-02-administration-of-trade-agreements-external-policy/
b)SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annex I that is being long in the making.
Therefore, this matter should be marked as resolved
2.On 7 July 2023, Mauritius Focal Point reported that they were going to consult with the SADC Business Council whether this NTB could be considered as resolved. 		 
NTB-001-072 Misclassification of Product and subsequent wrongful incursion of tax (Sugar tax) 2021-09-21 Mauritius: Mauritius Revenue Authority and customs, upon clearing consignmnet South Africa In process View
Complaint: Misclassfication of Sweetened Condensed MILk as a beverage.
Misuse of tariff code - where others use 0402.99.90 MRA uses 0402.99.10. Furthermore;

Post the 2020 budget, we were made to understand by the Mauritius Chamber of Commerce and Industry that sweetened condensed milk (SCM) doesn’t attract sugar tax. Thus, we wrote to the Director of Excise duty to seek clarifications on the application of sugar tax.

The director requested us to apply for a ruling without giving any further explanations.

We filled in the ‘Request for ruling on H.S Classifications of goods’ form in Dec. 2020 and submitted all relevant technical documents requested on the form and a sample of SCM to MRA.

However, we didn’t hear from MRA since there was a lockdown in March. We have cleared 3 consignments of SCM in March, June and July without paying the sugar tax and only received the MRA - Customs Declaration Form in August while clearing SCM consignments, and we were asked to pay for the sugar tax.

We took cognizance of the ruling only in August and this is when we started the objection process.


 
Progress: 1. On 24 August 2022, Mauritius Focal Point reported that the Customs Dept of Mauritius is looking into the matter and will submit a report as soon as possible.
2. Mauritius Customs reported that : Under the Customs Act whenever a person is dissatisfied with a ruling may object to the ruling.in this case, an objection has been made on 27.09.2021.The objection is being dealt with independently by the objection directorate. An update has been requested from them.
3. On 30th August 2022, Mauritius provided further update that:
The Objection Directorate has maintained the tariff classification under HS Code 0402.99.10 as provided by the Mauritius Revenue Authority Customs Department and the objection was disallowed. A Notice of Determination was issued to this effect on 15/11/2021.Applicant (Nestlé’s Products (Mauritius) Ltd ) made representations to the Assessment Revenue Committee (ARC) on 10/12/2021.The case was called Pro Forma before the ARC on 01/07/2022. Hearing by ARC on this case is still awaited. An update will be provided upon availability.
4.On 7 July 2023, Mauritius Focal Point reported that the case was still before the Assessment Review Committee (ARC). 		 
Products: 0402.99.90: --- Other  
NTB-001-048 3. Technical barriers to trade (TBT)
B31: Labelling requirements 		2022-01-03 Tanzania: Standards Authority South Africa New View
Complaint: Vague Labelling requirement "Statutory Warning" Clause 12 (k), rejection of the UK Chief Medical Warning which is accepted in other African countries such as Uganda, Kenya without any objection in addition to their requirement.  
Progress: The stakeholder consultative meeting organized by the SADC Business Council which was attended by the concerned parties from South Africa and Tanzania and SADC Secretariat on 7 march 2022, agreed that the UK Chief Medical Officers Guidelines labelling should be retained (The UK Chief Medical Officers recommend adult do not regularly drink more than 14 units per week) provided that the Wine producer affixes an additional sticker which covers all missing information on the product package.
The additional sticker (label) should be legibly and indelibly marked.
The additional sticker should be submitted to the Tanzania Bureau of Standards for approval accompanied by the declaration letter from the Manufacturer stating that additional label originating from them and products imported in Tanzania will be labelled as such. 		 
NTB-001-070 1.7. Discriminatory or flawed government procurement policies 2022-06-30 Tanzania: Namanga Kenya In process View
Complaint: URT charging Kenya an import discriminatory Excise Duty introduced vide URT Finance Act 2022. Additionally, some consignments are discriminatively subjected to Tsh.1000/kg not anywhere in the URT Finance Act 2022. The same excise duty is not applicable to the same or like products produced in URT hence creating unfair competition between the Partners States Originating products.  
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. 
Section 2 of the East African Community Customs Management Act, 2004 defines import as to bring or cause to be brought into the Partner States from a foreign country, and export as to take or cause to be taken out of Partner States. Accordingly, Article 8 of the Treaty for Establishment of East African Community, EAC Community Laws take precedence over similar national laws on matters pertaining to the implementation of the Treaty 		 
Progress: 1. During the Regional NTBs Forum,URT informed the meeting that the complaint is not an NTB but a charge of equivalent effect which is like what is in the Kenya’s Finance Act of 2022. This is a result of non-harmonization of domestic taxes in the Region. The Republic of Kenya informed the meeting that the Kenya Finance Act is not discriminatory and hence the Charge on Confectionary Sugar by URT is an NTB and should be resolved by abolishing the discriminative fees. The Trade Committee meeting recommends that the process of harmonizing the fees, levies and charges should be fast tracked. During the 41st SCTIFI meeting Kenya observed that confectionary products from Kenya should not be treated differently from confectionery products produced in Tanzania. At the 41st SCTIFI meeting, the Republic of Kenya observed that NTB-001-070: “URT discriminatory charges of import TSh.700 and unfounded charges of Tsh.1000 to Kenya confectionary, sugar and sugar products.” The EAC TBP submissions has referred to the excise duty as fees and subsequently recommended the process of harmonizing the Fees, levies and charges should be fast tracked. Kenya’s submission is that the description of the charges as fees is erroneous. The charge is an excise duty as contained in the United Republic of Tanzania Finance Act of 2022 and the custom entry presented as evidence. This measure is therefore disciplined under Article 15 of the Protocol establishing the EAC Custom Union and not subject to the process of harmonization of fees, levies and charges. The excise duty discriminates transfers of confectionary, sugar and sugar products from Kenya which are levied Tshs 700 per kilogram against locally produced like-products which are levied Tshs 500 per kilogram. This measure is a violation of Article 15 on National Treatment which prohibits Partner States from imposing, directly or indirectly, on the products of other Partner States any internal taxation of any kind in excess of that imposed, directly or indirectly, on similar domestic products In addition, in the custom entry presented as evidence, the Kenya exporter has been charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya therefore requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
2. During the 42nd SCTIFI, the Republic of Kenya informed the meeting that Kenya exporters were charged an excise duty of Tshs 1,000 per kilogram which is not justified by the existing Tanzania excise law (Tshs 700). Kenya, therefore, requested the United Republic of Tanzania to accord Kenyan transfers of confectionaries and sugar products the same treatment as accorded to similar domestic products at Tshs. 500.
The United Republic of Tanzania informed the meeting that there was an error in the Law that had since been reviewed through a Government Notice number 478(1) of 4th July 2022. The meeting noted that in the reviewed Law, locals are charged NIL while exports are charged 1,000 Tshs. URT to consult on the application of the new law and revert.
3.During the 35th RMC URT informed that the NTB will be resolved in accordance with the SCTIFI Directive on harmonization of domestic taxes, especially excise duties.
On the other hand, Kenya informed as follows:
(a) Goods produced within the EAC should be considered local and therefore, not treated as imports.
(b) Partner States align their internal Acts to define imports and exports in accordance with EAC CMP
4.The 36th RMC that took place from 1st - 4th May 2024 was informed that the NTB is being addressed under the Bilateral engagements where the two Partner States agreed to the harmonisation of all discriminatory taxes, conditions, levies, fees, and charges related to imports/exports for holistic consideration by 30th June 2024. 		 
NTB-001-110 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory 		2022-07-01 Kenya In process View
Complaint: United Republic of Tanzania subject a discriminatory treatment to Kenyan export/transfer on products of animal and animal products despite their commitment in the bilateral meeting to amend the Act to resolve the discriminatory charges on the Kenya animal and animal products by June 2022.

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

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

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

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

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

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

On the contrary Kenya facilitates Tanzania sausages without any charge.

This is really unfair practices where URT is charging import charges to Kenya products despite Kenya being in the EAC Customs union where we transfer products and not import 		 
Progress: 1. Kenya recognized the effort made by URT in reducing the fee from 5,000 Tshs to 3,000 Tshs per kg of meat. The Republic of Kenya indicated that the fee is still very high, discriminative, and amounts to import duty. The Kenyan companies exporting meat products to URT have been negatively affected by a sharp decline in the volume of meat products exported to URT, since the imposition of these charges. A consignment of 25,000 kgs exported from Kenya to URT is charged Kshs 3,750,000. In addition, it is charged an import fee of 2% FOB by the Tanzania Meat Board, 0.4% FOB by the Tanzania Atomic Energy Commission, and 0.2% FOB by Weight and Measures Agency. A similar consignment exported to Kenya from URT is charged Kshs 3,000. Thus, Kenya proposes that the two Partner States engage and harmonize these regulations to either charge per kg or per consignment.
Tanzania Meat Board had also denied market access to beef products imported from Kenya and thus Kenya urges URT to address this matter.
2. The 34th RMC noted that the NTB was new. URT reported that they would consult the relevant stakeholders and revert during the 35th RMC
3.During the 36th RMC Kenya reported that the NTB was considered during a bilateral meeting between Republic of Kenya & the United Republic of Tanzania whereby the two Partner States agreed to harmonization of all conditions, levies, fees and charges related to import / exports for holistic consideration by 30th June 2024
4. During the 38th RMC meeting, Kenya agreed to send a formal invitation to URT for the Bilateral Meeting.
The two Partner States held their meeting in July 2025. An update shall be provided during the RMC 		 
NTB-001-106 6.5. Variable levies 2022-07-05 Zimbabwe: Zimbabwe Revenue Authority Zambia New View
Complaint: Zambia exports into Zimbabwe on beverages attracts additional duty of $ 0.05/Litre.Lengthy Compliance processes, Multiple agency approvals and complex certification requirements further discourage sincere exporters as these layers increase the product turnaround time and further increase RTM cost and delivery time.
For example: - COC, Inspection, Route plan B, Importer licenses & various agency registrations (Multiple window clearance, COMESA certificate) 		 
Progress: 1. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda.
2. On 17 April 2024, Malawi Focal Point reported that they were following up with the agencies involved in this issue to resolve the NTBs and gave assurance the this issue was being discussed at length and feedback on the outcomes of the consultations would be provided as soon as possible.
3. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
NTB-001-074 7.1. Arbitrariness 2022-08-19 Namibia: Namibia Vet Authroities South Africa New View
Complaint: a. On the 19th August 2022, a Nestle Cremora stock was held at the border in Namibia, but subsequently released 2 days later. To trade export, Nestle Cremora into Nambia , Nestle Cremora products are now required to be accompanied by a Vet Import Permit to enter Nambia. The authorities there argue that CREMORA is a dairy product and as such should be accompanied by Vet Import Permit. Nestle is arguing that CREMORA is a non-dairy product as ingredients indicate.Nestlé CREMORA® is composed of the following ingredients:
i. Glucose syrup solids, Vegetable Oils (Palm Kennel Oil and Palm Fruit), Stabilisers (E340ii, E451i). Sodium Caseinate (milk protein), Hydrolised Wheat Protein (gluten), Emulsifier (E481), Salt, Anti-caking Agent (E551), Flavouring, Colourants: Riboflavin (E101i) and Beta Carotene (E160a). DocuSign Envelope ID: CE740444-68E4-45B9-A6C0-69A8F1392060 – 2
ii. Sodium Caseinate which is a milk protein contributes about 0.8% of the recipe with ±0.2% milk protein level. 1 – this is below requirements for dairy products.
b. Nestle therefore, confirms that CREMORA® is a non-dairy creamer based on the ingredients used on the product. That CREMORA is labelled a “Coffee & Tea Creamer” is complying with the Imitation Dairy Standard in R1510: Dairy & Imitation Dairy Product Regulation of South Africa. Labelling regulations requires that Nestlé CREMORA® is classified as a “Coffee & Tea Creamer” and that its front-of-pack is labelled as such. Labelling regulations further denote other requirements to which the Nestlé CREMORA product and its packaging must comply with
c. Also Cremora’s tariff code is classified as HS 2106.90.09 Food preparations not elsewhere specified or included – Other.
d. The exact date when the truck was held up at the border was the 19th August 2022 and prior to that we had no episode similar to this. During August, there was no financial impact as the orders were allowed with the warning that the next shipment (if not preceded by the paper work) will be sent back, however, the order for September that Nestle in possession of is valued at R 2,841mio. 		 
Progress: During a bilateral meeting facilitated by the SADC Business Council held on 10 October 2022, it was agreed that the issue was not related to misclassification of Cremora but rather, the introduction of import permits by Namibia. The SADC BC will engage the Namibia Ministry of Industry representatives to set up a follow up meeting with the Ministry of Veterinary (Namibia) who will provide clarity on the introduction of import permit as there relate to Nestle and to Cremora  
NTB-001-080 2.2. Arbitrary customs classification 2022-09-07 Zimbabwe: Chirundu Zimbabwe In process View
Complaint: Simplified Trade Regime system no longer viable most traders preferring to use trucks instead of declaring using STR system, when declarations are done values are being lifted despite invoices produced , revaluation is done by the Supervisors making it difficult and most challenging for traders to use the system , and this is causing traders to use clearing agents .only a few with small quantities using STR with buses, traders are now preferring to use Commercial clearance instead of STR, giving a negative impact to why STR was put in place, there is need for orientation to Officer coming from Inland to the borders so that they understand how STR system operates.

Prior to covid pandemic traders used to use some small trucks with consolidated goods and declarations would be made as to the individual trader's quantities in a truck at the point of exit. During covid pandemic Customs gave a ruling that all goods to be cleared through the agents to reduce human interface, after the pandemic and all the lockdowns and restrictions CUSTOMS no longer want traders to consolidation system in transportation of goods saying its now a broken consignment. this arbitrary declaration is a trade restriction and a barrier TO TRADE 		 
Progress: 1. The NTB Unit brought this NTB to the attention of the Zimbabwe Focal Point to undertake internal consultations. A response is still being awaited.
2. During the 3rd meeting of the COMESA NTBs Forum held on 20- 22 September 2023 , Zimbabwe reported that the STR regime is fully functional at the Chirundu border post. The meeting requested Zimbabwe to provide feedback on the overvaluation of the goods under STR regime.
3. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda as it affects Zambia’s trade.
4. During the 10th Meeting of the TTFSC held on 2 - 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing.
Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. 		 
NTB-001-090 8.8. Issues related to transit 2022-10-19 Zambia: Katima Mulilo Namibia New View
Complaint: Issuance of exorbitant transit permit fees by the Zambian Government went up from K3700 to K11200 and is only imposed at the Katima Mulilo Border post and not at any other borders around Zambia. The Permit was supposed to only apply to those entering Zambia for the purpose of doing business and not those in transit such as drivers transporting the goods through/via Zambia. the permit is therefore deemed to be discriminatory (no other SADC/COMESA countries are imposing a similar measure)and, the permit hinders the movement of goods as truck drivers are delayed in trying to source money to fund the permit.  
NTB-001-095 2.6. Additional taxes and other charges 2022-11-29 Zambia: Mwami Malawi In process View
Complaint: Exporters from Malawi are being charged for any transit goods at Mwami border by Chipata City Council in Zambia. The fees and charges for various commodities have been posted at Mwami border.  
Progress: 1. During the COMESA Regional Capacity Building workshop for National Focal Points held on 3-6 April 2023 it was agreed that Zambia should engage its Ministry of Local Government and provide an update in the online system by 16 April 2023.
2. Subsequently, during a bilateral meeting between the Government of the Republic of Malawi and the Government of the Republic of Zambia on the STR which was held in Chipata on 13-14 April 2023, it was agreed that Zambia should verify if indeed the Chipata Council had stopped collecting the fees and provide feedback to Malawi and COMESA Secretariat BY 30 April 2023.
3. During the 3rd meeting of the COMESA Regional NTBs Forum , it was agreed that :
i) Zambia will provide feedback on the outcome of their internal consultations in the online system by 30th October 2023; and
ii) Both agreed that this NTBs be resolved by 31st December 2023.
4. On 25th September 2023, Zambia Focal Point reported that the matter was escalated to higher structures with the aim of having it resolved. The would continue providing updates on new developments with respect to progress made on the matter.
5. During the capacity building workshop held on 17- 19 April 2024, Zambia Focal Point reported that the fees had been lifted through a directive issued by the Ministry of Local Government. However , Malawi Focal point advised that the Malawi traders were still being charged the fees. The workshop was informed that the counterpart Municipality in Malawi was planning to introduce a retaliatory fees for Zambian traders bringing goods into Malawi. Zambia Focal Point was requested to upload the relevant Statutory Instrument or Directive to assist with implementation at the border.
6. During an NTBs consultative Meeting with the Secretariat on 9th April 2024, Zambia stated that the Ministry of Local Government and Development has since instructed local authorities to desist from charging those fees as they were hindering the free flow of trade.
7. During an NTBs workshop on 17th - 19th April 2024, Malawi NFP reported that their traders are still charged by the Chipata local government which has resulted in Malawi’s retaliation. Malawi is now also charging Zambian traders. Meanwhile, Zambia NFP agreed to make a follow-up on the issue and post a feedback on the system.
8. On 9th April 2025, Malawi NFP confirmed that their traders were still paying charges to the Chipata municipality
9. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the traders are still subjected to the charges and fees as payable to the Chipata Municipality. However, Malawi did not provide an update on the status of the NTB at that time.
10. On 14 August 2025, Zambia Focal Point reported that Zambia's National Trade Facilitation Committee set up a Committee to review levies being imposed by Local Authorities. The committee is therefore expected to submit a report on the same in the month of September, 2025.
The Ministry was in touch with Ministry of Local Government to obtain the instrument/instruction issued for uploading onto the system
11.During the Bilateral Meeting between Zambia and Malawi on the Simplified Trade Regime (STR), held from 18th to 20th November 2025, the Zambian delegation reported that, through the implementation of the Coordinated Border Management (CBM) system, the number of border agencies operating at Zambian borders has been reduced to six. As a result of this restructuring, local councils no longer conduct operations at the border and have delegated their fee-collection functions to the Zambia Revenue Authority (ZRA). The councils were accordingly instructed to suspend all fees on products. At present, the only fee that ZRA collects on behalf of the councils is the motor vehicle fee applicable to commercial clients. In contrast, it was noted that Malawian councils continue to collect fees on products at their borders 		 
NTB-001-092 2.6. Additional taxes and other charges 2022-12-01 Uganda: Uganda Revenue Authority Egypt In process View
Complaint: Egypt has received a complaint from one of our exporters who also intends to invest in Uganda and establish a manufacturing plant of the products ( processed food products ) he is currently exporting to Uganda and the importing company is “ Afromarket King – Imports &Exports LTD” . The complaint is concerned with the imposition of high taxes and duties , in addition to top ups on exported goods by Egypt of processed food in specific the following HS codes including :
200990 210330
210320 210390
210390 210320
210690 210390

The incident of imposing high tax , duty values and top ups has been repeated on two separate occasions:

1- On Entry no. C116891: (latest incident )

A consignment of foodstuff (Ketchup and BBQ sauce HS codes : 2103200010; 2103900090) of a value of USD 5672.64 (five thousand six hundred seventy two dollars and sixty four cents ) was subjected to very high values of tax and duty of UGX 25,979,379 which was paid on 1/12/2022. However, before the goods were released a top up of UGX 18,508,223,57 was imposed ( still not paid ) .
This shipment has not enjoyed the COMESA preferential rates , despite the fact it is accompanied by a COMESA certificate .

2- ON ENTRY NUMBER C58313 AND C58340 : (earlier incident)
The first assessment for both the entries was for C 58313 amounting to 14,351,118 with a delivery terms F.O.B and C 58340 amounting to 9,272,169shs with a delivery term CIF , that is a total of 23,623,287shs. Despite the amount was too much the importing company paid off the tax( paid on 18/6/2022, it was also noted to him that this high valuation was a mistake made by the clearing agent according to the officer. It is worth mentioning that the total value of goods in both entries was USD 3982 (three thousand and nine hundred eighty two US dollars).

After clearing all dues, a top up of 38,755,713shs was imposed, delaying the release of the goods. Yet, the importing company paid the top up amount to release the goods on 2/7/2022.
The reasons given at the time for the top up:
i. Alternative values had to be used as the primary method of determining the customs value of imported goods.
ii. As stated by the officer, “the information availed to customs shows that we are first-time importer of the assorted goods from Egypt. The sales contract No: UG-001 of 10/03/2022 indicates payment terms of 60days from Bill of Lading date. They wondered how the supplier can allow such terms to a first time buyer without a letter of credit or a bank guarantee”. It is worth mentioning that the importing company has a manufacturing all these food stuff in Egypt.

Furthermore, despite the fact that the importer submitted a COMESA certificate to qualify for the COMESA rates he was informed that goods don’t qualify for COMESA since they are sensitive products being manufactured by the local communities.
Having reviewed the Circulation of Uganda’s current Sensitive List to COMESA Member STATES(attached), it is evident that none of those products are in the sensitive list except for nectar juices (HS code 200990) which are subject to the EAC common external tariff of 35%.

It is worth mentioning that on the two occasions of the above mentioned cases “ Afromarket King – Imports &Exports LTD” made an Appeal to the Assistant Commissioner Trade , Uganda Revenue Authority , Head Office. Yet, no reply was received to date.
In light of the above , Egypt respectfully requests that the Ministry of Trade ,Industry &Cooperatives acting as the Focal point of Uganda looks into the reasons of imposing such high taxes and duties in addition to top ups , in coordination with Uganda Revenue Authority . The imposition of such high taxes , duties and top ups have the effect of discouraging new Egyptian exporters and investors from accessing Uganda’s market.
Egypt is looking forward to the explanation and clarifications of the Ministry of Trade, Industry & Cooperatives , as soon as possible, with respect to the taxes , duties and top ups noting that the first case consignment Entry no. C116891 (latest incident ) is not released yet and pending the payment of the top-up which is unjustifiable in Egypt's view .

 
Progress: 1. During the consultations held during the 12th TWG on TBT-SPS- NTBs , Uganda and Egypt Focal Points agreed to organise a bilateral consultative meeting between the Focal Points , Revenue Authorities and affected companies on Tuesday 24th Januray 2023
2. A bilateral meeting between the two countries was held on 1st Feb. 2023 where it was observed that Uganda Revenue Revenue Authority had not granted preferential treatment to the goods in accordance with COMESA rules
and therefore charged the high duties . In that regard, the meeting agreed, among other things, that Uganda provides the sensitive list of products exempted from receiving preferential treatment by 3rd Feb. 2023 to establish if the affected products were on the sensitive list of products or not. Subsequently, the Secretariat uploaded onto the online system the following documents forwarded by Uganda to the Secretary General:
a. EAC CET 2017
b. Finance Act 2014 and
c. Uganda Finance Bill 2016
3. The Secretariat convened a stakeholders bilateral consultative meeting to take place on 22 August 2023. However the meeting could not take place because stakeholders from Uganda were not available.
4. During the 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023 , it was agreed that this NTB will be considered resolved subject to Uganda providing evidence in the online platform of the following : .
i. The sensitive list has been revised and goods from Egypt are granted COMESA preferencies ;
ii. URA is applying valuation for the goods in according to the WTO rules;
iii. The process to refund duties and other charges has commenced and the client was officially notified accordingly; and
iv. Uganda to share the revised sensitive list and also evidence on communication to client.
5. During the NTBs workshop 17th - 19th April 2024 in Nairobi, it was agreed that Uganda to upload sensitive list of products by 30th April 2024. Further, Uganda is requested to inform Egypt whether or not the refund to the Egyptian exporter has been paid by 30th April 2024.
6. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, the following updates were received:
i. Egypt requested Uganda to provide an update regarding the refund to the importer, however Uganda did not provide an update at the time.
ii. With regards to the updated Sensitive List, the Secretariat sent Uganda a reminder email to submit the updated list as per the decision by the 45th Meeting of the Council of Ministers. 		 
NTB-001-105 7.8. Consular and Immigration Issues
Policy/Regulatory 		2023-03-01 Zambia: Ministry of Home Affairs Mozambique Complaint registered with REC View
Complaint: New Migration Fees Introduced by The Republic of Zambia
The Ministry of Industry and Commerce of Mozambique, has received a complaint/ notification from the Mozambican private sector regarding to the introduction of migration fees by the Zambian Government Authorities. The referred fees are applicable only to foreign citizens, promptly implementing the respective price list, since the beginning of June 2022.
From a practical point of view, and with regard to the resulting costs, for road freight transporters in particular, the introduction of these fees means that, for the fee valid for 1 year, the amount to be paid is approximately US$1250.For one way trip (immediate validity), the amount to be paid is approximately US$490.This fee apply only to foreign road freight transporters, including Mozambicans, and does not apply to locals.
Other measures which Zambia introduced and are adding to cost of doing business are (1). the introduction of a ban on filling fuel reserve tanks for foreign trucks, with a view to obliging them to purchase fuel in Zambian territory, (2). the introduction of road charges and, (3). the obligation to send 50% of the transported cargo to the Republic of Zambia.
We believe that the way which the Government of Republic of Zambia acts violates the Agreements signed by it in relation to the policies adopted by SADC, in the field of road transport, for which the Member States agreed to develop a harmonized transport policy that safeguards the principles of equal treatment, non-discrimination, reciprocity, fair competition, harmonized operating conditions that promote the creation of an integrated road transport system in the region.
In this regard, Mozambique requests the intervention of the Zambian Authorities, with a view to the immediate elimination of the Migration fees, introduced in this country, as well as other deterrents to carrying out the cargo transport activity in the Country, and applicable only to carriers foreigners or alternatively, and if the country is not available to do so, immediately use the principle of reciprocity, by applying the same measures to carriers in that country, if they are in transit or enter the national territory
  
NTB-001-203 2.6. Additional taxes and other charges
Policy/Regulatory 		2023-04-12 Malawi: Malawi Revenue Authority Zambia In process View
Complaint: Malawi Laundry & confectionary imports into Zambia are levied MK20,000 to MK25,000 per invoice, where
Zambian products going to Malawi are charged with 13-27% (MBS, Surcharge, Excise duty). 		 
Progress: 1. NFPs for the two countries to hold bilateral meeting by August 2024. This issue was also discussed during bilateral meeting held in Addis Ababa at the 4th NTBs Forum . Malawi to report progress from internal consultations.
2. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the export subsidies is still implemented. However, Malawi did not provide an update on the status of the NTB. 		 
NTB-001-108 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. 		2023-05-02 Kenya: Kenya Bureau of Standards South Africa In process View
Complaint: A South African Exporter has reported that the Kenyan authorities have issued notification on new requirements for exporters and importers to record all trademarks in aid to protect intellectual properties and prevent importation of counterfeit goods into Kenya under the Anti-Counterfeit Act, No. 13 of 2008. This requirement, while it is , has cost implications to the Wine industry of South Africa who have to incur additional costs to enforce it. Further, it is not clear how it will work in practice or how it will be managed especially that applications are done on line and that the registration has 1 year validity, after which it has to be renewed annually.The cost to record is estimated at USD25 000 for the Brands exported to Kenya. The exporters also have the same products analyzed by ISO 17025 labs and pay USD265 per container to confirm full compliance.

The Exporter is of the view that whenever products are to be exported, are certified by SGS as to who the proprietors of the products are. The annual required registration would result in increased cost of the products. 		 
NTB-001-210 2.9. Issues related to transit fees 2023-05-02 Kenya: Mombasa County Uganda In process View
Complaint: Agricultural Produce Cess on tea into Mombasa County
Mombasa county charges charges Cess on tea in transit to the auction market. Mombasa County is charging the cess on all tea destined for Mombasa at the rate Kshs 7000, for a truck of seven tonnes and above.Charging the cess on tea being trucked into Mombasa Countyincreases the cost of doing business. This tea is dstined outside Kenya. 		 
Progress: 1. During the RMC of 17th October 2024 the Republic of Kenya committed to consult and revert during the 38th RMC.
2.The Republic of Kenya reported that they have initiated discussions with the County and committed to revert during the Ministerial Session. Also, Kenya has embarked on sensitisation of Counties on EAC Procedures to facilitate trade. The SCTIFI noted that the NTB was still affecting Uganda traders and urged the Republic of Kenya to waive the KSHS 7,000 Cess by 31st December 2024 and report to the 46th SCTIFI (EAC / SCTIFI 45 / Directive / 53).
3.During 38th RMC, Kenya informed the meeting that it is committed to resolve the matter by the financial year 2025/2026 		 
NTB-001-134 2.6. Additional taxes and other charges 2023-05-08 Kenya: Egypt In process View
Complaint: The Middle East Glass Manufacturing Company and its subsidiaries: 1) Misr Glass Manufacturing and 2) Middle East Glass Containers in Sadat. Being largest glass container manufacturer in the Middle East & North/East African region located in Egypt. The company has maintained strong business relation with Republic of Kenya over the last decade(s) being key glass supplier for more than 12 years to most of big manufacturing companies (some of them are big multinational companies) with superior track record of commitments in terms of quality standards and satisfying customer demands, continuity of supply, meeting their expectations and needs of glass container.
Egypt is member state of COMESA trade agreement (Common Market for Eastern and Southern Africa), which support enhancing the relation and volume of trade between the company and Kenyan customers. Below table shows the amounts that has been exported to Kenya in the last 5 years:

2019 = US$ 10,325,336
2020 = US$ 10, 929, 362
2021 = US$ 8, 122, 525
2022 = US$ 8, 848, 972
2023 = US$ 7,322,062

Starting March 2020, Kenya has applied Extra Excise of 25% on all imported glass bottles (excluding pharmaceutical glass bottles) – copy attached - which limit the advantage given to all COMESA countries. This law has been already appealed by other glass container manufacturer in Tanzania and they successfully were able to remove it.
In addition, Starting September 2023, Excise duty applied on imported glass bottles has been increased to be 35% instead of 25% with no clear reason or justification. This additional duty applies by the Finance Act No. 4 of 2023 – copy attached - has prevented Middle East Glass from its fair competition against other glass manufacturers in the region and also against the agreement of COMESA.
We believe the main reason behind all these amendments is to support the local producer Milly Glass Works Ltd. Address: Liwatoni Road, Mvita, Road, Mombasa, Kenya, Near the Mombasa Yacht Club.
Hence, we seek support to waive all the glass exported from Egypt to Kenya from implementation of the excessive Excise Duties similar to the case of Tanzania case. 		 
Progress: 1. During the NTBs workshop 17th - 19th April 2024, Egypt reported that the legislation is still providing a barrier to Egypt exports to Kenya. The two countries agreed that this issue will form part of the agenda for the proposed bilateral meeting by 28th June 2024.
2. On 28 August 2024, Egypt requested the Secretariat to facilitate a bilateral meeting between themselves and Kenya regarding this NTB. After the Secretariat initiated the bilateral meeting, on 3 September 2024, Kenya agreed to hold the bilateral meeting, following a stakeholder consultative meeting held on the same day.
3. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. 		 
NTB-001-118 8.7. Costly Road user charges /fees 2023-05-16 Democratic Republic of the Congo: Mitaka, Lualaba province Democratic republic of Congo Namibia In process View
Complaint: DRC authorities in Mutaka, Lualaba province are charging 100 United states dollars for scanning each commercial truck loaded with cargo.

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

Truck drivers no sanitation, no wellness facilities, power security. One truck driver died in his truck on the due to Kasumbalesa border. 		 
Progress: 1. On 22 May 2023, DRC Focal Point reported that the complaint had just been submitted to the competent service (Ministry of Foreign Trade) and that investigations would be undertaken as soon as possible for resolution.  
NTB-001-125 2.8. Lengthy and costly customs clearance procedures 2023-06-01 Democratic Republic of the Congo: Malawi In process View
Complaint: Cross Border truck drivers from Malawi, Zambia and other COMESA Member States face cumbersome procedures of clearing goods and other transit issues at the relevant border post in the Democratic Republic of Congo (DRC). In particular the following is reported:
1. Scanner at Mutaka- Cumbersome payment procedures for the scanner ($100) and forced parking ($30) which has led to congestion for the drivers as well as serious security concerns.
2. Unnecessary stoppages along Kasumbalesa-Kolwezi Corridor causing massive delays.
3. Delayed document processing by Mining houses.
4. Unfair treatment of drivers in an event of accidents, sickness and death. 		 
Progress: 1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Malawi reported that stakeholders were still experiencing the challenges but conformed that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC).
4. d) During the NTBs workshop 17th - 19th April 2024, DRC Focal Point confirmed that the scanner and parking charges have been lifted. However, Malawi NFP reported that their truck drivers are still paying for these services and the NTBs has not been resolved.
5. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, the following update was received:
i. DRC informed the meeting that there was no information on the current status of the reported NTB and requested the affected Member States to provide information if their traders are still experiencing challenges.
ii. DRC, Malawi and Zambia to update the status of the NTB on the Online System. 		 
NTB-001-120 7.5. Lengthy procedures 2023-06-12 Democratic Republic of the Congo: Zambia In process View
Complaint: SADC Truck drivers at all Borders with DRC are experiencing cumbersome payment procedures for the scanner costing $100 and forced parking costing $30 which has led to congestion (long queues) subjecting drivers to as; no sanitation, delayment on average by 8 days and serious security concerns; and Delayed document processing by mining houses i.e. It takes an average of 14 - 30 days to be cleared after loading.  
Progress: 1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Zambia reported that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC). Zambia reported that they were waiting for official communication from DRC confirming suspension of scanner charges.
4. In May 2025, Malawi updated that they convened a meeting with the cross-border truck drivers and confirmed that the drivers were still experiencing challenges in DRC borders.
5. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025 the following updates were received:
i. DRC informed the meeting that there was no information on the current status of the reported NTB and requested the affected Member States to provide the information if their traders are still experiencing challenges.
ii. DRC, Malawi and Zambia to update information in the Online System on the status of the NTB. 		 
NTB-001-128 2.4. Import licensing 2023-06-23 Zimbabwe: Johannesburg/Pretoria South Africa In process View
Complaint: Reference is made to a resolved complaint with number NTB-000-966, which pertained to a problem with import licensing requirements into Zimbabwe.

The complainant was a Zambian exporter of yeast that was experiencing challenges in obtaining import permits from the Authorities in Zimbabwe, which permits were not issued when requested. This complaint is similar to the problem experienced by Rymco (Pty) Ltd, trading as Anchor Yeast, being hindered in exporting yeast from South Africa to Zimbabwe.

The date of resolution is indicated as 06 April 2023. A status note pertaining to the complaint reads as follows: “During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import license. This NTB was therefore resolved.”

South Africa requests confirmation on whether the lifting of the import licensing requirement on yeast also applies to SADC countries, specifically South Africa. 		 
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