| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-165 |
6.2. Administrative fees |
2024-03-01 |
Kenya: Kajiado |
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New |
View |
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Complaint:
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Namanga/Kajiado Country charges 2,000Ksh for all Burundi cargo trucks transition Kenya |
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NTB-001-164 |
8.8. Issues related to transit |
2024-04-26 |
Mozambique: |
Lesotho |
In process |
View |
|
Complaint:
|
I was about to clear my stuff by the Border at Komatiport or Lebombo border post when the Police man of Mozambique by the name of Maphosa asked me to check my truck then asked for papers for the vehicle, my license, car insurance and important documents on my file, I gave him everything he wanted. He said I should clear my stuff and come back to him.
I went for clearing but then I was asked to bring truck papers and license, at that time Maphosa was no where to be found, I asked some police men about him but they said he is in Maputo and I have to go back to Maputo to fetch my things at the police station but never mentioning which police station should I go to, I had to leave all my goods at alfandegars storeroom which is renting even now.
I drove back to Lesotho without my license and some documents and luggages because the clearing could not be completed since the truck papers and my license were not available due to that Police officer. |
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Progress:
|
On 18 June 2024, Mozambique Focal Point reported that they had conducted a thorough investigation and provided following updates:
The police officer involved in the incident, was located and as a result of official inquiries, they successfully retrieved the driver's license, which was available for collection any time upon arrangement with Mozambican focal Point.Furthermore, there is an ongoing process to hold Officer Maphosa accountable for his actions, in accordance with applicable laws and regulations.
Following an inquiry by the Traffic Police Department of the PRM in collaboration with Customs at Ressano Garcia, it has been determined that the seizure of your goods was not related to the absence of a driver's license. The actual cause of the seizure was the lack of authorization from the Regional Director of Customs for exportation, absence of a customs broker, and missing invoice for the goods. |
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NTB-001-157 |
2.3. Issues related to the rules of origin |
2023-03-15 |
Rwanda: Rusumo |
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In process |
View |
|
Complaint:
|
CoO for Maize from Tanzania rejected by Customs. |
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Products:
|
1901.90.10: -- Corn flour less 90%less 90% |
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NTB-001-156 |
8.7. Costly Road user charges /fees |
2024-03-09 |
Rwanda: Rusumo |
Tanzania |
In process |
View |
|
Complaint:
|
Republic of Rwanda is charging USD 270 from Rusumo border to Kigali which is equivalent to USD 80.83 per 100KM, while Tanzania is charging USD 10 per 100KM.This is against the agreed principle of distance x weight for transit vehicle. |
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Progress:
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1. On 29 April 2024, Rwanda Focal Point reported that : 'Considering the financial implication of these rates, Rwanda was still reviewing this proposal pending the finalization of the EAC study on harmonization of RUC. However, Rwanda will engage URT bilaterally to discuss how to resolve this outstanding issue.
2.The 36th RMC was informed that the charge amounts to 70 USD and is also affecting the Republic of Kenya. The RMC also noted that it is an obligation of the Government to offer security in the Country and it should not be at the expense of the traders. RSS should stop collecting this fee which is not in the RSS Laws and do not attach it to the process of the RTF on the fees, levies and charges. |
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NTB-001-155 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-11-03 |
Egypt: Egyptian Tax Authority |
Zambia |
In process |
View |
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Complaint:
|
On November 3, 2023, the Egyptian Official Gazette published Law No. 177 of 2023 amending provisions of the Value Added Tax Law promulgated by Law No. 67 of 2016, including the provisions related to the tiers of cigarette taxation. The amendments to Serial 1/B of Law No. 177 of 2023 bluntly prohibits imported cigarettes from of the first tier and restricts them to “cigarettes produced by local factories”, which favors and gives preferential treatment to local products.
It is worth noting that the addition of the aforementioned provision has significant repercussions on the competitive ability of other companies, especially that the first tier has the lowest priced cigarettes in the market and are more economical for citizens. Consequently, this contradicts COMESA national treatment article, causing harm through the discrimination of specific products that may lead to market monopolization.
Various companies manufacture their brands in factories in COMESA member states and import and sell it in Egypt. However, the recent tax amendments that imposed a value-added tax on low-priced cigarettes prevent companies from importing cigarettes and limits sales to local production. |
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Progress:
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1. Egypt to respond on the NTB with Zambia on the online reporting system by 1st Week of June 2024
2. During the NTBs workshop held from 17 -19 April 2024, the Egypt and Zambia agreed that this issue would form part of the agenda for the proposed bilateral meeting. The dates for the bilateral meeting to be facilitated by the Secretariat would be determined by the two Countries.
3. On 7 May 2024, Egypt Focal Point reported that consultations with the relevant national authorities were ongoing, and Egypt would provide updates as soon as possible.
4. On July 22, 2024, the Secretariat had a meeting with the exporter after receiving a reminder on the NTB dated 3rd July 2024. The aim of the meeting was to get the gist of the NTB and share other necessary information to start facilitating the resolution of the NTB.
5. As a policy issue, the NTB was escalated to Stage 1 on cooperation and elimination of NTBs under the COMESA Regulations on NTBs Elimination and on 26 August 2024, Zambia was advised to formally request the Secretariat to facilitate the bilateral meeting on behalf of the exporter. This comes after Zambia reported that she wrote to the Egyptian Embassy regarding the NTB but there was no immediate response and that was concerning as the matter was very urgent.
6. In a letter dated 2 September 2024, Zambia requested the Secretariat to facilitate a bilateral meeting between the two countries. The Secretariat has started preparation for the bilateral meeting including drafting a letter to Egypt and developing a draft agenda for the bilateral meeting between the two Member States.
7. On 24 September 2024, Zambia and Egypt convened a bilateral meeting and recommendations from the discussions as presented in the draft report were as follows"
i) Zambia will engage Roland Imperial Tobacco Company to consider selling their products under Tier 1 for favorable market conditions in Egypt.
ii) Egypt will consult with its Ministry of Health on the health requirements for importation of cigarettes and communicate with Zambia in due course.
iii) Egypt will further start the process of reviewing the Law 177 to remove elements of discrimination between imported and local products.
iv) Egypt will look into the possibility of allowing the 15 consignments in transit from the Tobacco Company to ascertain if there is a possibility of a rebate and if the rebate can be held over for the period until the Law is revised. |
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NTB-001-153 |
2.3. Issues related to the rules of origin |
2024-01-26 |
Zambia: ZAMBIA REVENUE AUTHORITY |
Tanzania |
In process |
View |
|
Complaint:
|
The ZB Card company shipped a shipment to Zambia at the end of January which is subject to the original SADC laws. When you arrived at ZRA, they refused to allow it, claiming that the HS Code is incorrect, so they ordered ZB Card to change it. ZB Card did that but ZRA has rejected the CoO claiming that it is not authentic. We have contacted TCCIA so that they can confirm its authenticity and TCCIA has done so but since 10/02/2024 there has been no success |
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NTB-001-152 |
8.8. Issues related to transit |
2024-02-07 |
Tanzania: Dar-es-Salaam Port |
Zambia |
New |
View |
|
Complaint:
|
All the Private Inland Container Depot Operators at Dar Port are refusing to discharge the vessel Ladonna MV for onward delivery of shipment to Zambia and DRC. Private Inland Container Depot Operators that were willing to discharge the vessel have been threatened by trading competitors to the current vessel owner/trader who is a new entrant in the regional market with total loss of current business if they discharged this vessel Dar Port. This is a clear violation of the WTO-TFA (World Trade Organization Trade Facilitation Agreement), AU (African Union), Comesa/SADC Regional protocols and agreements as well as individual Bi-lateral agreements relating to Trade Facilitation. Zambia has worked hard to secure this business to supply chemicals to the World Largest Copper Producer DRC in order to boost regional exports and promote continental economic growth. However, the private sector in Tanzania are now blocking these efforts despite the government working so hard to restore Dar Ports Image as the preferred port of choice on the Eastern Coast of Africa. These actions have potential to make serious negative impact to all 3 countries Tanzania, Zambia & DRC and overall the African Continent and therefore should be addressed to minimize the high costs of doing business. |
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Products:
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2503: Sulphur of all kinds, other than sublimed sulphur, precipitated sulphur and colloidal sulphur. |
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NTB-001-151 |
8.8. Issues related to transit |
2023-09-13 |
Mozambique: Beira Port |
Malawi |
New |
View |
|
Complaint:
|
The Malawi pigeon pea export consignment to India has been detained at Beira port in Mozambique for the following reasons:
1. 275Mt for Grey Matter - Investigation on issues of origin. However, the consignment bears Malawi custom seals and documents, emphasizing its Malawi origin.
2. 1500MT for Africa Fertilizer Ltd – Rules regarding fumigation. All the consignment loaded in trucks in Malawi, and stuffing was done in containers in Beira.
3. 3275MT for Afrisian Ltd – Customs verification if the cargo is in transit. |
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NTB-001-134 |
2.6. Additional taxes and other charges |
2023-05-08 |
Kenya: |
Egypt |
In process |
View |
|
Complaint:
|
The Middle East Glass Manufacturing Company and its subsidiaries: 1) Misr Glass Manufacturing and 2) Middle East Glass Containers in Sadat. Being largest glass container manufacturer in the Middle East & North/East African region located in Egypt. The company has maintained strong business relation with Republic of Kenya over the last decade(s) being key glass supplier for more than 12 years to most of big manufacturing companies (some of them are big multinational companies) with superior track record of commitments in terms of quality standards and satisfying customer demands, continuity of supply, meeting their expectations and needs of glass container.
Egypt is member state of COMESA trade agreement (Common Market for Eastern and Southern Africa), which support enhancing the relation and volume of trade between the company and Kenyan customers. Below table shows the amounts that has been exported to Kenya in the last 5 years:
2019 = US$ 10,325,336
2020 = US$ 10, 929, 362
2021 = US$ 8, 122, 525
2022 = US$ 8, 848, 972
2023 = US$ 7,322,062
Starting March 2020, Kenya has applied Extra Excise of 25% on all imported glass bottles (excluding pharmaceutical glass bottles) – copy attached - which limit the advantage given to all COMESA countries. This law has been already appealed by other glass container manufacturer in Tanzania and they successfully were able to remove it.
In addition, Starting September 2023, Excise duty applied on imported glass bottles has been increased to be 35% instead of 25% with no clear reason or justification. This additional duty applies by the Finance Act No. 4 of 2023 – copy attached - has prevented Middle East Glass from its fair competition against other glass manufacturers in the region and also against the agreement of COMESA.
We believe the main reason behind all these amendments is to support the local producer Milly Glass Works Ltd. Address: Liwatoni Road, Mvita, Road, Mombasa, Kenya, Near the Mombasa Yacht Club.
Hence, we seek support to waive all the glass exported from Egypt to Kenya from implementation of the excessive Excise Duties similar to the case of Tanzania case. |
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Progress:
|
1. During the NTBs workshop 17th - 19th April 2024, Egypt reported that the legislation is still providing a barrier to Egypt exports to Kenya. The two countries agreed that this issue will form part of the agenda for the proposed bilateral meeting by 28th June 2024.
2. On 28 August 2024, Egypt requested the Secretariat to facilitate a bilateral meeting between themselves and Kenya regarding this NTB. After the Secretariat initiated the bilateral meeting, on 3 September 2024, Kenya agreed to hold the bilateral meeting, following a stakeholder consultative meeting held on the same day. |
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NTB-001-129 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenyan Government |
Egypt |
In process |
View |
|
Complaint:
|
Complain from Eagle Chemicals - Egypt
Subject: Excise duty on imports cancelling the effect of COMESA agreement
TARRIFF BARRIERS UNDER COMESA AGREEMENT (EXCISE DUTY TAX IN KENYA AS A BARRIER)
COMESA AGREEMENT:
Republic of Kenya and Egypt are signatories to COMESA AGREEMENT on removal of tariff (tax) barriers towards FREE TRADE between themselves and among the signatory member countries.
Since the establishment the COMESA AGREEMENT several years ago, the Republic of Kenya and Egypt have enjoyed this free trade environment and trade between the two countries has grown by leaps and bounds (UNTIL JULY 2021)
KENYA----FINANCE ACT 2021----IMPOSITION 10% EXCISE DUTY TAX (TARRIFF BARRIER)
In July 2021 and for the first time ever since signing of COMESA AGREEMENT, the Kenya Government imposed unilaterally and without consultation with COMESA Secretariat or with the Republic of Egypt a 10% Excise Duty (tariff Barrier) on Resins manufactured and exported from Egypt and / imported into Kenya.
This was an act in bad faith noting the mutual relationship between Egypt and Kenya under COMESA AGREEMENT
KENYA---FINANCE ACT 2023----IMPOSITION OF AN ADDITIONAL 10% EXCISE DUTY TAX ON RESINS (TARRIFF BARRIER).
In July 2023, the Kenya Government introduced an additional 10% Excise Duty Tax on resins imported from Egypt bringing total Excise Duty Tax to 20% and this again without consultation with COMESA Secretariat and neither / nor a humble advance notification to Republic of Egypt as a sign of good faith under the mutual COMESA AGREEMENT
KENYA---THE 20% EXCISE DUTY TAX ON RESINS--- PURPORTED PURPOSE
This tax is applying only on all imported resins (from COMESA and from Non-COMESA countries) BUT is not applied on locally manufactured resins.
Consequently, and from a COMESA perspective, this Excise Duty Tax is an IMPORT DUTY TAX camouflaged as a local excise duty tax hidden behind the purported protection of one local commercial resin manufacturer (SYNRESINS) whose capacity is below 15% of Kenya market resin usage / requirement.
AGGRAVATED BAD FAITH AGAINST MUTUAL TRADE AGREEMENT UNDER COMESA.
The above developments are acts in bad Faith by Kenya Government against a friendly free trade partner (Egypt) under the COMESA AGREEMENT.
Please note no other country / signatory to the COMESA AGREEMENT has imposed an excise duty tax on resins from Egypt.
IMPORT DUTY TAX ON RESINS ARE AND REMAIN AT NIL IMPORT DUTY TARRIFF TODATE UNDER COMESA AGREEMENT ON TARRIF BARRIERS TOWARDS FREE TRADE.
Please note IMPORT DUTY TAX on resins from Egypt to Kenya remain at NIL % import duty and is at NIL on imports by other COMESA countries.
Import duty on resins into Kenya from NON-COMESA COUNTRIES is and has always been at 10% since inception of COMESA AGREEMENT
REQUEST
Republic of Egypt has obligation to protect their manufacturers of resins who export to Kenya under COMESA AGREEMENT against such unjustified TARRIFF TAX BARRIERS imposed by Republic of Kenya by requesting their removal for benefit of mutual trade growth both ways.
(Refer Attachments)
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Progress:
|
1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution. Kenya to update the status report on outstanding NTBs with Egypt on the online reporting system by 26th April 2024.
4. On 18 June 2024, Kenya Focal Point reported that the Kenyan parliament was reviewing the Finance Bill 2024, with the intention of revising certain clauses as deemed necessary. Consequently, they were awaiting the enactment of the Finance Bill 2024 to determine whether there will be amendments to the specified non-tariff barriers (NTBs).
5. On 9 September 2024, Egypt and Kenya held a bilateral meeting on the outstanding NTBs emanating from the enactment of Kenya’s Finance Acts of 2021 and 2023. The two Member States agreed on the following:
a) The additional taxes are NTBs as its application is discriminatory as they only apply on imports and not domestically produced products.
b) Kenya to continue with her internal consultations with relevant policymakers and to follow up on the progress of resolving the NTBs, as requested by the Egyptian delegation.
c) The meeting agreed that the NTBs are policy issues and can be best addressed by the Joint Trade Commission (JTC) meeting, which is a higher level that is able to take decisions on this NTB and other trade related issues.
d) Both Kenya and Egypt continue with internal consultations with relevant stakeholders in preparation for the upcoming JTC meeting. |
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Products:
|
3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid") |
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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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NTB-001-127 |
8.8. Issues related to transit |
2023-07-25 |
Mozambique: Beira Route |
Malawi |
In process |
View |
|
Complaint:
|
Professional Drivers Union in Malawi are concerned with reduced transit limit time to 21hrs by Mozambique - Initially the transit time was 72hrs. This change brings about healthy and safety concern to drivers. Drivers are concerned on road conditions, mechanical faults and time to rest on the road which makes it difficult to meet this newly set time limit. They opt for the 72hrs as it were because this time limit gave an allowance to delays encountered in transit and it was good for safe driving. |
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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. |
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Progress:
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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. |
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NTB-001-120 |
7.5. Lengthy procedures |
2023-06-12 |
Democratic Republic of the Congo: |
Zambia |
In process |
View |
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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. |
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Progress:
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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 . |
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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. |
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Progress:
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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. |
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NTB-001-110 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2022-07-01 |
|
Kenya |
In process |
View |
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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 |
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Progress:
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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 |
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NTB-001-109 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-04-04 |
Kenya: Namanga |
Tanzania |
In process |
View |
|
Complaint:
|
Discriminatory excise duty
A Silverlands Ltd and Irvines have submitted a complaint requesting the Republic of Kenya to abolish charging an excise duty of 25% of Hatching Eggs exported by these Companies from Tanzania. The duty imposed to hatching eggs produced in Tanzania fails to compete with local producers who are not affected by the measure and to the loss of market. As indicated in the Kenya Excise Duty Act 2015 and 2021 show that all imported hatching eggs are affected by duty imposed. |
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Progress:
|
1. On 9th march 2024, the EAC REC Focal Point advised: Kenya reported that it is still doing internal consultations on the application of the said excise duty and will revert during the 36th RMC
2.During the 36 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 on harmonization of all conditions, levies, fees and charges related to import / exports for holistic consideration by 30th June 2024. |
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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. |
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NTB-001-106 |
6.5. Variable levies |
2022-07-05 |
Zimbabwe: Zimbabwe Revenue Authority |
Zambia |
New |
View |
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Complaint:
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Zambia exports into Zimbabwe on beverages attracts additional duty of $ 0.05/Litre |
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Progress:
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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. |
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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 |
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Complaint:
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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
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