| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-225 |
5.3. Export taxes |
2024-12-28 |
Kenya: Malaba |
Uganda |
In process |
View |
|
Complaint:
|
The Kenyan government has violated the East African Community trade agreement and has begun to impose consumption taxes on products from other East African Community countries. |
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Progress:
|
1.During the 46TH SCTIFI Kenya reported that There are ongoing consultations to resolve this issue in the financial year 2025/26
2.The 39th RMC meeting was updated that Kenya is reviewing the law.
3. During the 40th RMC Kenya informed the meeting that by 30th June the Tax Law will have been reviewed to resolve the NTB. |
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|
NTB-001-031 |
2.6. Additional taxes and other charges |
2021-06-30 |
Kenya: Kenya Revenue Authority |
Egypt |
In process |
View |
|
Complaint:
|
The Kenyan Government, through the Finance Act 2021, introduced a new Excise Duty on imported pasta of tariff 1902 whether cooked or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared, at
the rate of 20%. This Excise Duty is to be levied at the point of importation and is effective from 1st July 2021.
• Excise Duty is a tax imposed on goods and services manufactured in Kenya or imported into Kenya and specified in the first schedule of the Excise Duty Act (2015). This is usually considered on luxury products such as Alcohol, Fuel, Chocolates, Airtime, etc…
• Excise Duty is different from Customs Duty (imposition of tax on imports to protect local industries) Imposition of this new Excise Duty came as a surprise to us since it was not part of the Finance Bill 2021 that had been tabled before the Kenyan Parliament and was only introduced as a new amendment to the Bill on 24 June 2021 at the second reading stage, in Parliament.
• The Kenyan Constitution as well as the Public Finance Management Act requires that the Kenyan Government to call for public participation on the Finance Bill before amendment of tax laws through the enactment of the Finance Act. Unfortunately, this was not done in this case since the amendment introducing the Excise Duty was done way after public participation on the Bill had taken place. |
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Progress:
|
1. On 8th August 2023, Kenya Focal Point reported that the finance bill of 2023 undergone through the public participation and through the Parliament and that Excise duty on Pasta is not discriminatory as per section 43 (iv) that underwent through parliament process and public participation process.
2. During the 3rd Meeting of the NTBs Forum, Egypt reported that the excise duty on pasta , although it was not applied indiscriminately, affected trade as the rate was very high . The meeting therefore agreed that the NTB be reinstated . Kenya responded that duty on pasta is not discriminatory therefore resolved in the system . Kenya to submit proof that excise duty is imposed on both locally and imported goods. It was agreed that Kenya to arrange bilateral meeting with Egypt to address the issues raised by Egypt.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution.
4. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
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NTB-001-134 |
2.6. Additional taxes and other charges |
2023-05-08 |
Kenya: |
Egypt |
In process |
View |
|
Complaint:
|
The Middle East Glass Manufacturing Company and its subsidiaries: 1) Misr Glass Manufacturing and 2) Middle East Glass Containers in Sadat. Being largest glass container manufacturer in the Middle East & North/East African region located in Egypt. The company has maintained strong business relation with Republic of Kenya over the last decade(s) being key glass supplier for more than 12 years to most of big manufacturing companies (some of them are big multinational companies) with superior track record of commitments in terms of quality standards and satisfying customer demands, continuity of supply, meeting their expectations and needs of glass container.
Egypt is member state of COMESA trade agreement (Common Market for Eastern and Southern Africa), which support enhancing the relation and volume of trade between the company and Kenyan customers. Below table shows the amounts that has been exported to Kenya in the last 5 years:
2019 = US$ 10,325,336
2020 = US$ 10, 929, 362
2021 = US$ 8, 122, 525
2022 = US$ 8, 848, 972
2023 = US$ 7,322,062
Starting March 2020, Kenya has applied Extra Excise of 25% on all imported glass bottles (excluding pharmaceutical glass bottles) – copy attached - which limit the advantage given to all COMESA countries. This law has been already appealed by other glass container manufacturer in Tanzania and they successfully were able to remove it.
In addition, Starting September 2023, Excise duty applied on imported glass bottles has been increased to be 35% instead of 25% with no clear reason or justification. This additional duty applies by the Finance Act No. 4 of 2023 – copy attached - has prevented Middle East Glass from its fair competition against other glass manufacturers in the region and also against the agreement of COMESA.
We believe the main reason behind all these amendments is to support the local producer Milly Glass Works Ltd. Address: Liwatoni Road, Mvita, Road, Mombasa, Kenya, Near the Mombasa Yacht Club.
Hence, we seek support to waive all the glass exported from Egypt to Kenya from implementation of the excessive Excise Duties similar to the case of Tanzania case. |
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Progress:
|
1. During the NTBs workshop 17th - 19th April 2024, Egypt reported that the legislation is still providing a barrier to Egypt exports to Kenya. The two countries agreed that this issue will form part of the agenda for the proposed bilateral meeting by 28th June 2024.
2. On 28 August 2024, Egypt requested the Secretariat to facilitate a bilateral meeting between themselves and Kenya regarding this NTB. After the Secretariat initiated the bilateral meeting, on 3 September 2024, Kenya agreed to hold the bilateral meeting, following a stakeholder consultative meeting held on the same day.
3. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
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NTB-001-368 |
|
2026-03-06 |
Djibouti: Galafi |
Ethiopia |
In process |
View |
|
Complaint:
|
The movement of goods through the Galafi border corridor is significantly constrained by poor road infrastructure between Ethiopian border and Djibouti, particularly around the Dikil town corridor, which stretches approximately 80 kilometers. Traders and transporters said that traveling within this route can take up to 19 hours for a relatively short distance compared to the same distance takes 4 hours in normal road infrastructure, mainly due to the poor condition of the road.
The prolonged travel time has several direct and indirect impacts on traders. First, delays in transportation often result in late arrival at the border post, which in turn leads to additional costs such as extended storage/container fees, and missed clearance schedules. These delays also significantly affect perishable goods, including agricultural products and livestock trade. Traders indicated that animals transported along this route sometimes suffer from stress, illness, or death due to the long and difficult journey, resulting in financial losses.
Another major concern is the health and safety of drivers. Spending nearly a full day to cover only 80 km exposes drivers to extreme fatigue, poor working conditions, and limited access to medical or emergency services along the route. The difficult road conditions also increase the likelihood of vehicle accidents and mechanical failures.
In cases of vehicle breakdown or accidents, transporters face additional burdens such as expensive car towing services, which further increase operational costs. Moreover, traders highlighted that insurance coverage for goods in transit is either unavailable or extremely expensive for this route. Because of the high risk associated with the road condition, many transporters are unable to afford insurance, leaving them financially vulnerable in the event of accidents, cargo or container damage, or loss.
Traders also emphasized that these challenges persist despite the existence of an alternative road that has already been constructed but is not yet operational. If this alternative route were opened and fully functional, it could significantly reduce travel time, lower transport costs, improve driver safety, and minimize losses related to perishable goods and livestock.
Overall, the poor infrastructure along the Galafi–Dikil corridor represents a substantial non-tariff barrier to trade, creating delays, increasing costs, and exposing traders and transporters to significant financial and safety risks. |
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NTB-001-329 |
5.3. Export taxes |
2026-02-20 |
Ethiopia: Galafi |
Ethiopia |
In process |
View |
|
Complaint:
|
The Small scale cross border traders who were able to export different live animals and agricultural products to Djibouti through the Galafi Border are required to pay export tax per head of the livestock at the border. The total export amount allowed in a month is up to USD 1,000 per cross border trader that are found in different parts of the Afar region.
The export tax in Dewele border is not yet implemented and it is considered as a discriminatory compared to the Dewele border of the country. |
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Products:
|
0106.13: Live camels and other camelids [Camelidae], 0104.20: Live goats and 0703.10: Fresh or chilled onions and shallots |
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NTB-001-285 |
1.7. Discriminatory or flawed government procurement policies |
2025-07-01 |
Tanzania: TRA |
Kenya |
In process |
View |
|
Complaint:
|
The Tanzania government imposed a 10% Discriminatory Levies: Industrial Development Levy
excise duty on Road tractor for semi-trailers transferred/exported by Kenya into Tanzania, violating the principles of the EAC Protocal article 15 & 75 and creating an unfair competitive environment. This tax favours local Tanzania producers/assemblers of whom do not pay the 10% Industrial Development Levy, further distorting the market.
Road tractor for semi-trailers 10% for HS
8701.21.90
8701.22.90
8701.23.90
8701.24.90
8701.29.90
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Progress:
|
1. During the 39th RMC, URT informed the meeting that she is still in consultations and will update by December 2025
2. The 40th RMC was informed that the United Republic of Tanzania is implementing SCFEA Directives and is commited to resolve the NTB by 30th June 2026 |
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NTB-001-363 |
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2025-11-18 |
Ethiopia: Government Institutions at One Stop Border Post |
Kenya |
In process |
View |
|
Complaint:
|
There is a lack of coordination arising from the fragmented structure of the offices and the limited number of officers assigned to support operations. Offices are located in different buildings that are not interrelated, and staffing constraints further reduce efficiency. For example, only one officer is responsible for conducting standard inspections for both export and import goods, creating a bottleneck.
In addition, each institution operates independently under its own supervision, with limited cross-agency integration. While some services, such as agriculture-related offices, still rely on manual processes, others, such as customs, have fully adopted digital systems for clearing goods. However, customs procedures still depend on confirmations from these other agencies before goods can be cleared, leading to delays and inefficiencies.
Overall, these structural and operational challenges contribute significantly to the lack of coordination. |
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NTB-001-365 |
|
2025-12-10 |
Ethiopia: Moyale |
Ethiopia |
In process |
View |
|
Complaint:
|
There were delays in obtaining approval or certification for goods imported through the Moyale border. Samples are required to be tested in Addis Ababa before clearance can take place. As a result, importers are expected to obtain the necessary approval before the goods are shipped to Ethiopia. Otherwise, if the approval is sought after the goods arrive and undergo document verification, significant delays may occur.
Following the complaint received, a visit was conducted to the Moyale One-Stop Border Post (OSBP), where these issues were confirmed. For instance, a Vaseline product with all the required specifications (five types) intended for import into Ethiopia was required to obtain prior approval. However, the process took up to two months. This approval or certification is essential for clearance.
If importers fail to secure the approval before the goods arrive at the border, they may face extended waiting periods to obtain the necessary authorization before clearance can proceed. This situation was observed at the Moyale OSBP and confirmed by officers responsible for document verification. |
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NTB-000-530 |
8.6. Vehicle standards
Policy/Regulatory |
2012-09-10 |
Zambia: Zambia Bureau of Standards |
South Africa |
In process |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Zambia is requiring all foreign tankers either delivering product to Zambia, or transiting Zambia, to comply with its Standards 371:2008 and 429-4:2008.
Furthermore, it is charging transporters to obtain a permit to certify that the tankers comply with the Standards. This requirement is affecting the free flow of goods into Zambia.
Zambia is requested to recognise the foreign vehicles national certificates of roadworthiness as it is difficult for Transporters operating tankers into Zambia to alter the design of their tankers at short notice.This is against the objectives of trade facilitation, will create monopolies and increase the cost of transport. |
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Progress:
|
1. On 25 January 2018, Zambia Focal Point advised that the Zambia Bureau of Standards had taken into account the concerns raised. The standard (ZS 371:2008) is currently under revision to address concerns among other matters.
The matter had also been tabled under SADC in an effort to harmonize the standard in the region
2. During the 15th SADC Sub Committee on Trade facilitation held in May 2017, Zambia reported that this NTB had been resolved. However, South Africa Focal Point undertook to verify with complainant and provide feed back on the status.
3. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that through SADCSTAN and Tripartite Transit Transport Facilitation Programme had recently agreed on the standard on transportation of dangerous goods which covers fuel tanks that will resolve this matter.
4.During the SADC Regional NTbs workshop held in April 2026, Zambia reported that Zambia is yet to adopt the harmonized standards on tankers, however, the relevant authorities were currently reviewing.With regards to the issue of recognition of roadworthiness, Zambia will confirm after consultation with relevant authorities. SADC Secretariat to also confirm and update on the regional recognition aspect. |
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NTB-001-242 |
6.5. Variable levies |
2024-12-27 |
Kenya: Ministry of Finance |
Tanzania |
In process |
View |
|
Complaint:
|
Through, the Tax Laws (Amendment) Act, 2024 of Kenya passed on 11 December 2024 and came into force on 27 December 2024, the Government of Kenya, among other things, introduced excise duty on various products such as marble, transformers, float glass, coal imported from outside Kenya including East African Community countries. Also, has increased the valuation rates in calculating tax on tiles when they are sold in the country. These challenges have affected production due to the decline in the market for the products in Kenya caused by competition after the prices of the products in question became high |
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Progress:
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1.On excise duty charged on originating goods from Tanzania, Kenya was urged to refrain from enacting discriminatory laws that treat EAC originating goods as imports. The RMC was informed by Kenya that, through the Supplementary Legal Notice, excise duty was removed from Glass and Transformer. Kenya provided the supplementary gazette removing the two products.
(b) On valuation rates on tiles from Tanzania and Uganda when they are sold in the country as per the complaint from Tanzania below, entries as evidence on valuation adjustments examined showed adjustments as noted in the Internal KRA Memo on valuation for tiles from Uganda & Tanzania. The meeting noted that valuation of goods is administrative and operational, hence the valuation matter be referred to the Sectoral Committee on Customs for Commissioners (SCOC) to consider and resolve. The EAC guided that Valuation in EAC is guided by Section 122 and Fourth Schedule of the EAC CMA.
2. The 38th RMC meeting referred the NTB on valuation to SCOC for consideration and resolution and report back to the next RMC
3.The 39th RMC noted that transformers, float glass, coal had been granted preferential treatment.
4. During the 40th RMC URT informed the meting that She is implementing the SCFEA Directives to review the tax law with the view to remove all discriminatory taxes, fees, levies and charges of equivalent effect. Hence the NTB will be resolved by 30th June 2026. |
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NTB-001-244 |
6.5. Variable levies |
2020-10-13 |
Uganda: URA |
Kenya |
In process |
View |
|
Complaint:
|
Uganda is subjecting Kenya manufacture furniture to discriminative excise duty of 20% that it is not subjected to Uganda manufactured furniture.
Uganda is requested to remove the discriminative excise taxes on Kenya furniture transferred to Uganda as it is prohibited in the EAC Customs Union Protocol; Articles 1 and 75 (6) of the Treaty as well as Articles 15 (1) (a) and (2) of the Customs Union Protocol on National Treatment, 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. |
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Progress:
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1. During 39th RMC, noted that the matter is under bilateral discussions and will be handled as per the agreement.
2.The 40th RMC was informed that the NTB was resolved thorugh a letter dated 30th September 2025 subimmtted to the meeting.However, the matter to be resolved by 30th June 2026 |
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NTB-001-369 |
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2026-02-16 |
Kenya: |
Ethiopia |
In process |
View |
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Complaint:
|
Under the East African Community (EAC) Vehicle Load Control Act, 2016, Kenya applies permissible maximum axle load limit of 28-ton along the Moyale–Nairobi (A2) corridor. In contrast, Ethiopian trucks are permitted to carry loads of up to 40 tons up to the Moyale One-Stop Border Post (OSBP). Due to this regulatory mismatch, Ethiopian trucks cannot proceed further into Kenya and must offload their cargo at the border.
This process is further delayed by the limited availability of Kenyan trucks to take over the cargo, as well as a shortage of warehouse facilities at the border, which forces vehicles to wait longer with their goods. Conversely, Kenyan trucks are generally able to transport goods into Ethiopia without similar restrictions. |
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NTB-001-271 |
2.6. Additional taxes and other charges |
2024-12-01 |
COMESA |
Egypt |
In process |
View |
|
Complaint:
|
Unipak Nile Ltd., a subsidiary of INDEVCO Group in Egypt, export corrugated boxes to Kenya under the COMESA Agreement.
The Kenyan government imposed a 25% excise duty on corrugated boxes imported from Egypt, violating the principles of the COMESA Agreement and creating an unfair competitive environment. This tax favours local Kenyan producers, some of whom do not pay the required taxes, further distorting the market.
This unilateral action undermines ability of Egyptian exporter to compete fairly and has halted UNIPAK Nile Ltd export operations and expansion plans in Kenya whose exports to Kenya reached $9–10 million annually, particularly in the agriculture and dairy sectors. |
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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 |
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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
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.
5. The 40th RMC was informed that the United Republic of Tanzania is implementing SCFEA Directives and is commited to resolve the NTB by 30th June 2026 |
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NTB-001-070 |
1.7. Discriminatory or flawed government procurement policies |
2022-06-30 |
Tanzania: Namanga |
Kenya |
In process |
View |
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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 |
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Progress:
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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.
5.During 39th RMC, URT informed the meeting that they are still in consultations and will update by December 2025
6. The 40th RMC was informed that the United Republic of Tanzania is implementing SCFEA Directives and is commited to resolve the NTB by 30th June 2026 |
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NTB-001-288 |
1.7. Discriminatory or flawed government procurement policies |
2025-08-20 |
Tanzania: TRA |
Kenya |
In process |
View |
|
Complaint:
|
URT imposition of discriminative Excise Duty on Unilever Soaps, detergents and bleaches -10%; Industrial Development Levy-5-15%
VAT Rate-18%
Impact to business
• Increased production costs due to excise and industrial levies.
• Reduced competitiveness against imported products, especially if inputs are taxed.
• Pressure on pricing, potentially leading to higher consumer prices or reduced margins.
Limited relief for manufacturers despite EAC integration goals.
This tax favours local Tanzania producers of whom do not pay the 10% excise duties, further distorting the market.
3401.11.00 Soap and detergents 10%, 3401.19.00 Soap and detergents 10%, 3402.50.00 Soap and detergents 10%, 3402.90.00 Soap and detergents 10% |
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NTB-001-251 |
2.3. Issues related to the rules of origin |
2024-07-05 |
Tanzania: TRA |
Kenya |
In process |
View |
|
Complaint:
|
URT is subjecting full CET of 35% on ZESTA JAM manufactured in Kenya by Trufoods. The Zesta Jam is manufactured using locally sourced sugar.
We request Tanzania and Kenya to conduct on spot verification on June 2025 to ascertain origin as the jam transferred is using locally manufactured sugar and qualify under the EAC Preferential treatment.
Kenya communicated to TRA vide letter ref: C&BC/HQ/8 Dated 24/9/2024 requesting Tanzania for application for Zesta Jam to be granted preferential treatment. |
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Progress:
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1. During 47th SCTIFI, noted that the matter is administrative and referred to Customs Committee where the two Partner States agreed to conduct bilateral verification to ascertain the origin criteria by end of February 2026
2.The 40th RMC was informed that the United Republic of Tanzania and the Republic of Kenya have convened a verification mission to be undertaken by 11th May 2026 to ascertain the origin of the product |
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NTB-000-742 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2017-02-20 |
Uganda: Port Bell Lake port |
South Africa |
In process |
View |
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Complaint:
|
Verification Agencies (SGS) apply standards that are higher than International accepted standards requiring additional tests and certificates which is of high costs. Additional tests include tests for copper, iron, manganese, lead and coliforms which are expensive tests adding to the costs of doing business. The additional tests last for a week in addition to the export process. The Agency offers Route B or C product registration. Product meant for Kenya, Tanzania and Uganda are tested once a year Route C is a security factory audit for wine export to the abovementioned countries |
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Progress:
|
This matter was brought to the attention of the Uganda Focal Points along the margins of the 23rd EAC NTBs forum on 6 May 2017 . Uganda private sector Focal Point reported that consultations had been initiated with the Ministry of Trade , Industry and cooperatives to try and resolve the matter amicably. They will provide feedback in due course . |
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NTB-001-353 |
5.14. Restrictive licenses |
2026-04-10 |
Rwanda: Rwanda FDA |
Kenya |
In process |
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Complaint:
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wanda FDA is subjecting Kenya products to costly charges for re-testing and registration of the products despite the products being certified by the Kenya bureau of standards with valid standardization mark.
The two products include ace pine fresh and ace citrus fresh liquid toilet cleaners. Rwanda FDA informed that the certifications for the two products had been revoked on the basis that they allegedly contained Nonyl Phenol despite successfully applying for and receiving product registrations from Rwanda FDA under certificates Rwanda FDA‑ADP‑MA‑0070 and Rwanda FDA‑ADP‑MA‑0072. Further the manufacturer confirmed they not using Nonyl Phenol
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NTB-001-295 |
2.6. Additional taxes and other charges |
2025-10-20 |
Uganda: Malaba |
Eswatini |
In process |
View |
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Complaint:
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We have COMESA certificate but Uganda is not accepting, they are charging import duty 36% instead of 6%. we are making big losses due to import duty |
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Progress:
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1. After receiving the NTB, the Secretariat followed up with Uganda National Focal Points, who confirmed that they were engaging with the Uganda Revenue Authority on the matter. |
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