Active complaints

Showing items 61 to 80 of 88
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status
Actions
NTB-000-953 7.4. Costly procedures 2020-04-11 Namibia In process View
Complaint: At Katima Mulilo border post between the Republic of Namibia and the Republic of Zambia, Zambian Authorities/ Command centres, specifically the Zambia Police Service and the Ministry of Health Officials stationed at Katima Mulilo border post from the Provincial Administration in Western Province tasked to screen truck drivers at the border post, are charging Namibian transporters and truck drivers to meet logistical costs of escorting their respective quarantined truck drivers to Kazungula, Livingstone, Lusaka and Kasumbalesa transits especially perishables and other essential commodities such as medicines, clearly at variance with World Customs Organisation (WCO) and World Trade Organisation (WTO) Protocols on Trade, destined for the Republic of Zambia and the Democratic Republic of Congo via the Walvis Bay - Ndola - Lubumbashi Development Corridor (Namibia, Zambia, DRC). In the Republic of Zambia and other SADC Member states, and in line with World Health Organisation (WHO) Public Health Protocols, screening, testing and quarantining of truck drivers for covid - 19 are State operations and are at variance with the agreed SADC Guidelines on Harmonisation and Facilitation of Cross Border Transport Operations during the covid - 19 outbreak. This is an added cost of doing business, unnecessary cross border delays without prior notification to transporters and a Non - Tariff Barrier to Trade.

This is unprecedented, Namibian transporters are being charged as much as K800 for each Police Officer for at least 3 days and each convoy of trucks has at least 3 Police officers. The cost is meant to cover lodging and subsistence allowance for the officers.

This is an encumbrance to trade, against the SADC Guidelines on movement of goods and services in the region amid covid - 19 and adds to the cost of doing business, against WCO, WTO, and WHO best practices on global trade facilitation and Public Health.
 
NTB-000-938 3. Technical barriers to trade (TBT)
B31: Labelling requirements
2020-02-08 South Africa: Beit Bridge Zimbabwe In process View
Complaint: Arenel (Pvt) Ltd was incorporated in the Republic of Zimbabwe in 1961. Arenel is manufacturer, seller and distributor of food and beverages with renowned brands in Biscuits and Sweets both locally, SADC Region and beyond. On Saturday, the 8th of February, 2020, our truck was subjected to inspection by Port Health, South Africa. The inspectorate then detained the truck on the premise that the labeling of our products was not complying to regulation No. R146 of 2010. The truck is still detained.  
Progress: 1. On 11 February 2020, ( 12:13hrs) South Africa Focal point advised that they were undertaking consultations with relevant authorities and will report back as soon as possible .
2. On 12 February 2020, the exporter advised that the truck had been released on condition that Port Health officials will collect samples for laboratory testing. However, when the truck arrives in South Africa, the company cannot distribute the consignment until samples are collected by the nearest Port Health Officials for lab tests.
 
Products: 1905.31: Sweet biscuits  
NTB-000-936 2.6. Additional taxes and other charges 2019-11-19 Zambia: Chirundu Zimbabwe In process View
Complaint: Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market  
Progress: 1. On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .
2.During the Zambia NMC verification mission to Chirundu held on 11-12 June 2020, ZRA advised that the surtax is Customs Valuation matter and hence a tariff matter and not an NTB. With regard to the problem of customs the uplifting values for duty purposes and disregarding the invoice value , the client is advised to appeal to department of International and Policy to have the valuation matter reviewed and possibly resolved
3. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021 Zambia reported that the NTB is a tax policy issue and internal consultations with relevant authorities were in progress and they will provide feed back by July 2021.
4. In September 2022, Zambia Focal Point reported that Surtax on imported tiles was a tax policy issue that was presented to the Ministry of Finance for resolution. On the issue of uplifts on the declared values of the imported tiles, the Zambian law provides a channel for aggrieved clients to appeal.
5. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries to hold a bilateral meeting to consider the matter by 31st October 2023.
 
Products: 6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like.  
NTB-000-906 2.13. Issues related to Pre-Shipment Inspections 2019-04-05 Uganda: Uganda Weight and Measures Authority Tanzania In process View
Complaint: Uganda does not recognize the Calibration Certificate issued by the Weight and Measures Agent (WMA) for oil tank from URT: Republic of Uganda does not accept the Calibration Certificate of tanks from URT. As a result, our traders are forced to undergo recalibration by Ugandan counterpart Authority (Uganda Bureau of Standards) at a charge odd USD 230. This increases the cost of doing business. The trader paid Uganda shillings 2,655,600. It was stated that the certificate from URT is valid for the period of one year.  
Progress: 1. During the Sectoral Committee on Trade Uganda reported that it will consult and report back during SCTIFI of May 2019.
2.During the Regional Monitoring Committee held on 15th October, 2019, Uganda reported that the NTB was discussed in the EAC Standards Committee and it was recommended that a technical committee should be established to harmonise the the calibration procedures for the tankers and also the fees payable to the service provided. Uganda will report on the progress during the next Regional Monitoring Committee Meeting. Nevertheless, Tanzania is concerned about the charge and requested Uganda to consider and waive it.
3. As per Regional Committee Meeting held on 15th October, 2019, it was agreed that Uganda would provide progress made during SCTIFI meeting to be held in November, 2019, In addition Tanzania requests Uganda to recognize calibration certificate issued by Weights and Measures (WMA) as per SQMT Act, 2006. And also to consider and waive charges / fees.
4. During the RMC meeting held on 10 August 2020, Uganda reported that the law in Uganda requires a verification in Uganda. There is no EAC harmonized regulation in that area and unfortunately, UNBS registers over 95% failure rate on verification of such tankers.This matter was already raised at EAMET and resolved to constitute a technical team from all the member states to review procedures in place. This was not done and URT did not participate in subsequent meetings where action was to be determined. The fees rules provide the scheme for applicable fees. Regarding the payment of the trader paid Uganda shillings 2,655,600, there may be need to substantiate and investigate.
5.The SCTIFI meeting held in September 2020 agreed that the concerned calibration institutions undertake a peer assessment to establish discrepancies and report to the Secretariat by February, 2021.
6.The 24th EAMET meeting held from 29th to 30th September 2020 reported that Peer Review of Road Tanker Calibration/Verification and Visits to the Partner States not yet undertaken due to lack of funds to undertake the activity. EAMET rescheduled the activity for January 2021 and recommended EASC to request the EAC secretariat to mobilize funds for a committee of experts to undertake the activity.b The 23rd EASC Meeting held from 7th to 8th October 2020 directed EAC Secretariat to:
-lobby for funds in collaboration with the Partner States towards the implementation of the EAMET work plan especially training on calibration/verification of tankers and peer assessment considering related NTBs; and
-fully engage weight and measure the institution of the United Republic of Tanzania to participate in EASC activities.
7. The Tanzania NMC meeting that was held in April 2021 noted that this NTB has been outstanding for a long time because the two Partner States are yet to meet and recommended that the EAC Secretariat coordinates the two Partner States to meet and undertake a peer assessment.
8.The RMC meeting held in May 2021 noted that the issues were discussed by the metrology Subcommittee (EAMET) and the 23rd EASC Directed the EAC Secretariat to engage Weights and Measure Tanzania on their participation in the subcommittee activities and coordinate the peer assessment to resolve the differences.
EAC Secretariat on 31st March 2021, held a meeting with Weights and Measures Tanzania on the participation in EAC Metrology activities. Peer assessment planned and to be undertaken by 30th June, 2021.
9.The Secretariat has convened peer assessment meetings scheduled as follows:
(i) 26th to 29th October 2021: peer assessment in Tanzania.
(ii) 3rd-6th Nov 2021: peer assessment in Uganda
10. On 14 June 2022, the EAC Secretariat reported that:
Peer assessment was conducted in October and November agreed to harmonize the calibration certificates. The NTB will be addressed when the two Partner States harmonize and implement the harmonized administrative procedures on road tankers as recommended by the EAMET Report of April 2022.
11.As recommended by the EAMET Report of April 2022. The meeting urged the Republic of Uganda to consider mutual recognition of the calibration certificate as the two Partner States await the harmonization. At the Trade Committee, the meeting was informed that Peer assessment was done, gaps identified and action plan for implementation agreed and approved by Standards Committee The meeting urged the EACS to Fast track the harmonization of administrative procedures to resolve the matter. During the 41st SCTIFI the Secretariat informed the meeting that it had convened a meeting in February 2023 to harmonize calibration procedures for road tankers.
12. The 34th RMC noted that another meeting had been convened to take place in Dar Es Salaam in June 2023
 
NTB-001-103 2.13. Issues related to Pre-Shipment Inspections 2019-02-01 Botswana: Pioneer Gate South Africa New View
Complaint: Since 2019, goods exported from S. Africa to Botswana require additional certification from a Certified Accreditation Body ( see attached ) This is now over and above documentation from an ILAC accredited test house that has always been acceptable in the past.
This is an additional cost that must be passed on the consumers ( inflationary aspect )
Measures such as this are puzzling as they are not in the spirit of the African Continent Free Trade Agreement and actually restrict the free flow of goods
It is a questionable move as with Botswana being a member of SACU, the country relies on S. Africa to disburse shares of import duties collected at S. African ports
 
NTB-000-830 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-07-16 Botswana: Martins Drift Zambia In process View
Complaint: A Zambian Registered Tanker carrying sulphuric acid from South Africa was weighed at the Martins Drift weighbridge with the following axle masses: Steer axle - 5200 kg (legal limit 8000 kg); Drive axles - 18200 kg (legal limit 18000 kg); Trailing axles - 22800 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 900 kg on the driving axle set. The weigh bridge official instructed the Driver to Park telling him that his driving axle was overloaded without the application of the 5% tolerance. It is observed that only at this weigh bridge there is no application of the 5% tolerance. In the spirit of harmonization South Africa, Zambia and Botswana the legal limits are the same with a 5% tolerance except at Martins Drift weighbridge. Kindly assist to resolve this issue at Martins Drift which is causing unnecessary loss of transit time and charges. Please note that this is not a one off incidence.  
Progress: 1. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that SADC has set up a Task Force to look into this matter among other NTBs.
2. On 22nd June 2020, Botswana Focal Point reported that they have contacted the relevant institution and they stated that they are still investigating on the matter and will give their feedback sometime during week 30 June - 4 July 2020
 
NTB-000-823 2.6. Additional taxes and other charges 2018-06-01 Botswana: BURS South Africa In process View
Complaint: Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34
 
NTB-000-818 3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage
2018-05-17 Botswana: Ministry of Transport South Africa In process View
Complaint: Failure to implement Article 5.8 (6.2 Road Traffic Policy) leading to variable treatment of the transport of High Cube containers with height exceeding 4.3 metres.

The transport of High Cube Containers, on “standard” deck height (1.5 metres) vehicles and trailers results in overall height of approximately 4.5 metres.
Botswana: Imposes requirement for abnormal load permits for each load.
South Africa threatens to repeal moratorium on prosecution from 1 Jan 2019
Other countries ignoring “illegal” height, but “illegality” leaves insurance threats to operators.
Zambia (4.8), Zimbabwe 4.65), Malawi (4.6); Tanzania (4.6) have increased legal height to at least 4.6 metres.
Uncertainty in region is causing growing concerns regarding viability of international transport routes amid fears of further enforcement costs and barriers.
 
Progress: The Meeting of NTB-Market Access Task Force 18-20 March 2020 in Gaborone reported that MCBRTA standards agreed at the TSMCI of 31 October 2029 maximum vehicle height of 4.6m which will resolve this NTBs if South Africa complies with this standard.  
NTB-000-947 3. Technical barriers to trade (TBT)
B33: Packaging requirements
2018-03-01 Uganda: Uganda Bureau of Standards Kenya In process View
Complaint: Uganda rejection of tissue paper manufactured in Kenya by Africa Cotton Industries. Uganda does not allow group packaging of tissue paper as provided for under the EAC harmonised standard.
Uganda have not implemented the EAC harmonized standards therefore the products must conform to Uganda National standard.
 
Progress: 1. During the RMC meeting held on 10 August 2020, Uganda reported that Uganda has not yet adopted the East African Standard for toilet paper on technical ground and the matter is before the EAC Technical Committee and as such imports of toilet paper into Uganda is subjected to the Uganda Standard for toilet paper i.e. US 126, Toilet paper – Specification.
2.The RMC meeting held on 1 September 2020, was informed that this issue is under discussion at the EAC Standards Committee.
3.The SCTIFI held in September 2020 was informed that the EAC Standard 2017 was reviewed in 2018 where Partner States agreed on all parameters except for packaging. and hence some Partner States went ahead to develop National Standards.The meeting was informed that a meeting was scheduled to take place in November 2020 and hence agreed that discussions with the Standards Committee be finalised by December, 2020.
4.The SCTIFI held in September 2020, was informed that the EAC Standard 2017 was reviewed in 2018 where Partner States agreed on all parameters except for packaging. and hence some Partner States went ahead to develop National Standards.The meeting was informed that a meeting was scheduled to take place in November 2020 and hence agreed that discussions with the Standards Committee be finalised by December, 2020.
5.The RMC meeting held in May 2021 noted that the Republic of Uganda held a Bilateral meeting with Kenya and agreed on a time frame of 1st July 2021 to resolve the NTBs related to Exercise books, Exercise books, and Pharmaceuticals.
6.The Subcommittee met and agreed that Uganda needs to justify the parameter in the standards scientifically, by February 2021.The Standards Committee then referred the NTB to the Technical Committee, which collected data to facilitate consensus on what should be included in the standard. The Technical Committee meeting is ongoing and will deliberate on the data and the way forward.
7. On 5 May 2022, Uganda Focal Point reported that :
The East African Standards Committee/Technical Committee 065 on Paper and paper products failed to reach consensus on one clause in the standards that relates to wrapping. They recommended to the Standards Management Committee to cancel the project and subsequently withdraw the Standard. The SMC discussed the proposal of the TC and agreed to cancel and withdrawal the standard as provided for by the Principles and procedures for development of East African Standards. The just concluded 24th EASC held on 27th to 29th April 2022 rejected withdrawal of EAS 355:2017 Tissue Paper – Specification and directed the SMC to review the Standard with the recommendation that more options be considered in the wrapping clause. Specific consideration be given to the optimum number of Tissue Paper to be group wrapped without compromising the safety of users. SMC to conclude and report back by the 25th EASC meeting.
8. On 14 June 2022, the EAC Secretariat reported that the NTB was considered by the EACSC in a meeting that took place in April 2022. The EASC rejected the withdrawal of EAS 355:2017 Tissue Paper – Specification and directed the SMC to review the Standard with the recommendation that more options be considered in the wrapping clause. Specific consideration is given to the optimum number of Tissue Paper to be group wrapped without compromising the safety of users. SMC to conclude and report back by the 25th EASC meeting.
9.The Republic of Uganda informed the 41st SCTIFI meeting that Kenyan firms producing tissue papers access the Ugandan market, with the exception of only one firm called Africa Cotton Industries which wraps its tissue papers in group packages, and fails to comply with the Ugandan requirement that doesn’t allow group packing of tissue paper. The 41st SCTIFI meeting agreed that EASC should report on this matter to the 42nd SCTIFI meeting.
10. The 34th RMC noted that the issue was still under consideration by the relevant technical committee.
 
NTB-000-803 2.6. Additional taxes and other charges 2018-02-28 Tanzania: Importation into Tanzania Malawi In process View
Complaint: CORI Ltd visited Tanzania last year to look for export markets for cooking oil in Tanzania. CORI was informed that the government in Tanzania does not promote/support importation and that Tanzania has a 15% surcharge on the importation of cooking oil.  
Progress: 1. The SADC Secretariat is advising the Malawi should provide additional information to assist resolve the NTB. Malawi was therefore requested to provide information on the origin of the goods or where it is manufactured and any other relevant information .
2. On 23rd June 2020, Malawi Focal point responded that the cooking oil is wholly produced in Malawi and therefore meets the SADC rule of origin for exportation into Tanzania .
 
NTB-000-769 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Tanzania Revenue Authority Kenya In process View
Complaint: Despite Kenya Tobacco raw material being fully sourced in Kenya, the manufacturers are required to pay 80 per cent higher excise for cigarettes exports into Tanzania. Cigarettes manufactured in Kenya exported to Tanzania required to have a local 75% tobacco.  
Progress: 1. The Bilateral meeting that took place in January 2018 noted that Kenya and Tanzania need to harmonize their domestic taxes and local content policies and request the EAC Secretariat to fast track the process of harmonization in all partner states.The meeting also agreed that the two Partner States should take cognizance of the national treatment provision under Article 15 of Custom Union Protocol not to impose directly or indirectly internal taxation on goods from other partner states in excess of that imposed on similar domestic goods.
2.During the Bilateral Meting held from 23- 27 April 2019, both parties reiterated their 2018 commitments to champion harmonization of their domestic taxes and local content policies and therefore request the EAC Secretariat to fast track the process of harmonization. In this regard, United Republic of Tanzania maintained that, both parties should implement the 2018 bilateral agreement on harmonization of their domestic taxes and local content policies. Kenya, however, maintained that this is a trade restrictive matter and should be resolved at the Community level in accordance to Article 15(2) of the EAC Customs Union Protocol. The bilateral Meeting therefore agreed to escalate this matter to the Council of Ministers.
3.Status as at 13th September, 2019:
United Republic of Tanzania maintained that, both parties should implement the 2018 bilateral agreement on harmonization of their domestic taxes and local content policies. Kenya, however, maintained that this is a trade restrictive matter and should be resolved at the Community level in accordance to Article 15(2) of the EAC Customs Union Protocol.Both Parties Kenya and Tanzania agreed to handle the matter under domestic tax harmonization. A similar case was filed at the EACJ between Uganda and BAT where a ruling was given that the excise duty charged on cigarettes was contradicting the Community Laws and was Directed to withdraw immediately.According to Article 39 of the Customs Union Protocol, The Customs Law of the Community shall consist of: … (c) Applicable decisions made by the Court.Also the EAC Treaty Article 38 (3) provides that: A Partner State or the Council shall take, without delay, the measures required to implement a judgment of the Court.
EAC Secretariat should communicate and circulate the court ruling Partner States.
URT will consult internally on the court ruling and report to the next SCTIFI meeting on how they will implement the ruling.
4. The Regional Monitoring Committee held on 14th October, 2019 agreed that Tanzania gives an update during SCTIFI in November, 2019.
5.During the NMC held on 13th - 14th March 2020 Tanzania reported that a meeting was held to consult on the Court Ruling by the EACJ.The meeting noted that:
i) The charges are not discriminatory as they apply as well to Tanzania manufacturers who do not meet the 75% local tobacco content.
ii) The issues in the BAT case are different from the issues raised in this NTB and Tanzania will submit an official position on the EACJ-BAT ruling during the next SCTIFI.
6.During the RMC meeting held on 1 September 2020, the Republic of Kenya requested that Tanzania implements the Court (EACJ) Ruling on BAT Vs the Republic of Uganda in tobacco.
7.During SCTIFI held in September 2020, Tanzania informed that the Ruling of the Uganda Vs BAT Case by the EACJ is different from the issues in this NTB. Tanzania further informed that the Domestic Law Harmonisation Policy was finalized and urged the EAC Secretariat to fast track the implementation of the Recommendations therefrom.
The Republic of Kenya recommended that the NTB be referred to the Ministerial Level for consideration.
The SCTIFI directed the EAC Partner States to implement the EACJ Ruling between Uganda and BAT and refrain from imposing discriminatory measures against the other Partner States, where applicable.
8. The Kenya NMC meeting that sat in March 2021 recommended that the EAC Secretariat clarifies on the similarities of the two cases on tobacco and submit to the SCTIFI for further consideration.
9.During the Tanzania NMC of April 2021, Tanzania noted that the issues in the BAT case are different from the issues raised in this NTB and will submit an official position on the EACJ-BAT ruling during the SCTIFI in May 2021.
10.The SCTIFI of May 2021, directed the EAC Secretariat to convene a meeting including legal experts to analyze the similarities and differences between the Ruling and the NTB. The meeting was convened and the analysis was done and resolved as follows:
Similarities
i) both cases are on tobacco
ii) both cases are based on excise duty
Differences
i) In the BAT case, the Republic of Uganda didn’t have a local content requirement in the Excise Duty Act whereas there is a local content requirement of 75% in the tobacco NTB (URT Excise Duty Act).
ii) In the BAT case, the Uganda Excise Duty Act was discriminatory in nature violating the Article 75 (6) of the Treaty and Articles 15 (1) (a) and (2) of the Customs Union Protocol as well as Article 6 (1) of the Common Market Protocol. Whereas Excise Duty rate applied by the United Republic of Tanzania on tobacco transfers from other Partner States is also applicable to domestic produced tobacco.
Way Forward
The two Partner States are undertaking bilateral engagements where the EAC Secretariat will also be invited to participate to resolve the issue. The bilateral meeting will take place on 30th October 2021 and the Republic of Kenya will initiate an invitation to the meeting.
11. Status as at 30 march 2022:
During the 6th Bilateral Meeting between Kenya and Tanzania the two parties agreed Kenya to convene a meeting to the find possibility to grant BAT a preferential market. Further, in the same meeting URT recalled its position that the matter is not a discrimination issue as other companies that do not meet the excise duty act requirement are subject to the same rules and the domestic taxes are not governed by EAC rules. In the 7th Bilateral meeting held on 9-12th March in Zanzibar, the parties agreed that Kenya (State Department for Trade and Enterprise Development) to convene the meeting of relevant stakeholders from both countries by 15th May 2022 to deliberate on the possibility of BAT being granted fair market access by URT.
12 . On 14 June 2022, the EAC secretariat reported that the bilateral meetings took place and agreed that a meeting of relevant stakeholders is convened in May 2022 by the Republic of Kenya to deliberate on the possibility of BAT being granted fair market treatment.
13.The Bilateral meeting is yet to be convened as Kenya Government was in a transitional period.
14. On 17th October 2023, EAC Secretariat reported that the Kenya NMC was informed that the Republic of Kenya sent a letter to the United Republic of Tanzania to request a bilateral meeting and was still waiting for Tanzania to respond.
 
NTB-000-751 8.7. Costly Road user charges /fees 2017-05-01 Zambia: Ministry of Trade Botswana In process View
Complaint: Transporters have noted the many benefits of using Botswana as a transit instead of Zimbabwe. It is a well known fact that Zimbabwe borders are slow and congested, there are many tolls we pay (for no service), numerous road blocks (harrassment of drivers and lack of adherence to SADC appreciation of the Soveriegnty of Foreign COF's), high fuel costs and failing road infrastructure. The completion of the Kazungulu Bridge is a much anticipated event that will give transporters access to an efficient and cost effective transit to Zambia.

On the 11th November 2016, Zambia issued SI 85 of 2016, The Tolls Act in which the Second Schedule Section A and B outlines Entry Tolls for COMESA/SADC and other Countries. Botswana was not included under SADC and awarded tolls higher than other SADC States. On the 1st May 2017, Botswana retaliated by issuing an Amendment of the Road Traffic and Road Transport (Permits) regulations, 2017. Under this Amendment, tolls were increased and in turn, Zambian Transporters handed a hefty penalty. The result is that as a Zambian Transporter our Transit Fees through Botswana increased by 70%.

This makes the Botswana route unattractive and given the congestion at Kazungulu, we have had to run through Zimbabwe again. We are delayed here by congestion, delays in ZIMRA electronic sealing processes and run the gauntlet as described above.

Surely the whole idea of building the Kazungula Bridge is to improve the flow of traffic through Botswana and create economic advantage? With the increase in the tolls in a tit for tat manner, building the bridge is a waste of time.

Could the member States please meet and look at treating each other in the spirit encouraged by SADC.
 
Progress: 1. On 11 January 2019, Zambia Focal Point reported that the two parties (Zambia and Botswana) are undertaking consultations on the matter in order to resolve the issue.
2. On 02 June Secretariat was advised to organise virtual meeting between the Focal Points to recommend way forward
 
NTB-001-059 7.10. Other 2017-03-07 South Africa: Botswana New View
Complaint: A Botswana based company, MOTOVAC reporting challenges is struggling to get payment of its Value Added Tax (VAT) import refunds from the South African Revenue Services (SARS) in time. It is reported, VAT refunds are not processed by SARS. The outstanding payments date back as far as 2017 with the company owed BWP 3,528,278.07 in VAT refunds by SARS.

 
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
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  
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 .  
NTB-000-745 6.1. Prior import deposits and subsidies 2017-01-19 Zambia: Kazungula Ferry South Africa In process View
Complaint: “SARS received an escalation in January 2017 from Deloitte, regarding a complaint by fuel exporters from South Africa. The complaint is regarding Zambia Revenue Authority (ZRA) Circular No. 9 of December 2016, notifying its officers “that all fuel imported from South Africa under preferential arrangements should be subjected to payments of a monetary deposit equivalent to the full customs duty payable.

The modalities of collection of the said deposit will be temporarily suspending both SSA and SDC preferential rates against goods of HS 2710.12.10 and 2710.19.10 until the Origin verification process is finalised”.

SARs is of the view that the collection of the monetary deposits on fuel imported from South Africa is against the spirit of the SADC Protocol on Trade and the WTO, as this treatment applies only to oil imported from South Africa. It pre-supposes that the ZRA is nullifying the SADC Protocol on Trade relating to those specific products without following the proper procedures regarding derogation on infant industries.

SARs has tried several times to get answers from Zambia Revenue Authority (ZRA) to explain their reasoning behind the circular and so far, they have not provided any correspondence to this matter.
 
Progress: 1. On 25th January 2018, Zambia Focal Point reported that the deposit was a temporal measure pending origin inquiry. The inquiry has reached advanced stage and will soon be concluded and stakeholders will be fully advised on the way forward. This is consistent with the provisions of the protocol on trade which allow for collection of such deposits where necessary, while origin verification is underway.

2. During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017, Zambia reported that consultations will be undertaken with relevant authorities and report back.
3. During the 2nd Meeting of the COMESA NTBs Forum, Zambia reported that the 33rd Meeting of Ministers of trade held in Malawi from 4th to 9th July 2022 resolved that Zambia submit correspondence to RSA on readiness to grant preferential treatment for petroleum products from NATREF (Sasol, Total, Puma). Zambia has complied with the directive, hence no deposits on imports of petroleum products from RSA under preferential treatment is being collected
 
NTB-000-725 2.6. Additional taxes and other charges 2016-11-01 Angola: Port of Luanda South Africa In process View
Complaint: Angola has Cumbersome and costly documentation and export/import requirements. The following is list of documentation required for a single consignment : i) 2x1 Original Bill of Landing; (ii)Original stamped and signed Commercial invoice; (iii) Original stamped and signed packing list; (iv) Analysis certificates if so required by consignee; (v) Loading Certificate (known as ARC or CNCA) PIP number prior to loading (required to do the pre-inspection) - not compulsory ; (vi) Voluntary pre-shipping control of merchandise (to be done at place of origin by inspector that issued the PIP number) Certificate of Origin( if so required by consignee) transport documents, full load container have to be sealed; (vii) letter from consignee nominating Orey as his forwarder agent; (viii) letter of responsibility from consignee to the carrier accepting full responsibility for demurrages and eventual container damages; (ix) copy of tax payer card of consignee; (x) Ministry of Commerce to issue license upon presentation of the commercial invoice; (xi) Ministry of Commerce to provide DU number, each invoice has different DU number.
The expected time frame is 72 hours (3 days) to get a DU number. CNCA certificate can only be issued upon presentation of the DU number for each specific shipment. Cost to produce DU number is 10 USD per invoice + Process DU (MINCO) FOB value 0.2%.

Costs
There is Fixed delivery and clearance rates in Luanda. Transport costs of 25% as from 15/1/2016, plus other additional chargers. Lab analysis costs 3000 USD per invoice. Analysis are mandatory to any imported edible goods, from water to beverages.

Delivery costs to Luanda per 20" + - 800 USD + 250 USD per night time delivery within city limits. overtime applies all the time due to restriction on delivery during the day due to traffic. Exporters are forced to pay incentives costs to EHO by OREY for DDP shipments. 20" => 150 USD if customs clearance handled by Orey, 40" => 170 USD if customs clearance handled by Orey.

Other fees charged are:
Shipment tracking & dispatch, BL Validation 160 per unit, Container deposit 1000 per unit
Delivery order 25 USD per unit. Port Tax 93.00 per unit, Wharfage 280.00 USD per unit, Tracking fee 100 USD per unit, Clearance transport and petties 350 USD per unit, delivery between Luanda /Soyo 3500.00 USD, return empty 400 USD per unit, transport between Luanda and Cabinda 11000.00 USD per unit, co-ordination 2.5% minimum USD 50.00. Consumption Tax of 5% service costs rendered in Angola. Taxes in all alcohol beverages is high 30% Cocktail 50% Ciders 51%

We believe this costs makes it difficult for investors to do business in Angola, most of them amount to tariff and non-tariff barriers we would like Regulators to review them.
 
Progress: During the 15th meeting of the SADC Sub Committee on Trade facilitation held in may 2017, the Secretariat requested Angola to submit names of its Focal points to enable processing of reported NTBs. Angola reported that : (i) based on their research, the documents are necessary and that these are part of universal documents required for import permit. (ii) South AFrica was also imposing more cumbersome procedures than Angola as evidenced by the fact that the documents she require are the same as those required by Angola therefore this does not constitute NTB.; (iii) the Ministry of Trade is the focal point and there is a national secretariat for SADC through which all SADC Affairs are channeled ; (iv) . Angola was working on establishing the Trade facilitation committee after which focal points will be appointed; (v) she was in the process of revising its commercial legislation that considers trimming the number of import/export documentation; (vi) The ministry would undertake consultations with Ministry of Transport to simply the procedures . 3. In response, South Africa reported that consultations will be made to find out the reasons for the complaint. South Reported that she does not require numerous documentation.  
NTB-001-069 7.7. Complex variety of documentation required 2016-09-15 Egypt: Chamber of Commerce Egyptian Embassy Ministry of Foreign Trade Mauritius In process View
Complaint: A number of procedural requirements are currently impeding the exports of Mauritian products to Egypt. To that effect, the concerned authorities in Mauritius have made enquiries with a registered trader in Egypt and it has been brought to its attention that for an exporter to start trading with an Egyptian importer, the following documents, duly certified by the Chamber of Commerce and approved by the Embassy of the Arab Republic of Egypt, have to be submitted as per Ministerial Decree 43/2016:

i. A registration form by the legal representative of the factory or authorised person;
ii. A certificate of legal status of the factory and the issued license of the factory;
iii. A list of products of the factory and their brand;
iv. The brand of the product and the Trademark produced according to a license from the owner;
v. A certificate that the factory has a Quality Control System from a recognised body of The International Laboratory Accreditation Cooperation (ILAC) or the International Accreditation Forum (IAF) or from an Egyptian or Foreign Government body approved by the Minister of Foreign Trade.

The authorities in Mauritius consider that these procedural requirements constitute a Non-Tariff Barrier and in that regard contravene Article 49 of the COMESA Treaty.

We would appreciate that the authorities concerned in Egypt review these procedures in order to facilitate trade in line with the spirit of the COMESA Treaty.
 
Progress: 1. On 25th October 2022, Egypt Focal Point submitted the comments below : Ministerial Decree
No. 43 of 2016
Concerning the rules governing the registration of qualified factories to export their products to the Arab Republic of Egypt.The decree was issued with the aim of regulating the Egyptian market and protecting public health, in view of the recent spread of imported, finished products intended for sale to consumers directly in the Egyptian markets. These products are of unknown origin and do not conform to the technical specifications and requirements, which affect the general health of the consumer, as well as negatively impact the national industry, which is unable to compete with these products.
Text of the Decree
a. Decree No. 43 for the year 2016 issued that the registry (register) of companies and factories that own trademarks eligible to export the mentioned products in the decree to Egypt must be established at the General Organization for Export and Import Control (GOEIC). According to the decree, products imported for commercial purposes shall not be released unless they are produced by registered factories or imported from companies owning the trademarks or their registered distribution centers.
b. Goods and products to which the decree applies:
Decree No. 43 for the year 2016 specified number of goods that require the registration of their factories that export to Egypt in the records of the General Organization for Export and Import Control. Among these products are: “imported fruits, dairy products, sugar products, oils, carpets and floor coverings, clothing and furnishings, Home lighting appliances, home and office furniture, children’s toys, household appliances, chocolate, paper, and iron and steel bars.”
c. The decree does not include suspending or preventing the import of these products, rather it sets procedures to regulate their import through the registration of producers and trademark owners who are qualified to export their products to Egypt in the established record for this purpose in the General Organization for Export and Import Control. Once registered, the imported cargo will be released, and there is no need to register each cargo. Hence, the decree is for regulatory purposes to ensure the quality of imported products.
d. This measure was taken with the aim of protecting the health and safety of Egyptian consumers from goods of unknown origin. In addition, the World Trade Organization has been notified of this decree, and it is in accordance with the provisions of the organization, in particular, the Agreement on Technical Barriers to Trade and Article (20) of the provisions of the GATT 1994.
e. The decree is applied on all countries of the world on a nondiscriminatory basis, and in compliance with a basic principle in the GATT agreement, which is most favored nation treatment. The decree is also in compliance with the principle of national treatment, which requires non-discrimination between procedures for national or imported products.
f. In order to facilitate and simplify the procedures, any country can submit a certificate provided by any Egyptian or foreign governmental entity proving that factory and company owning the trademark implements a quality control system. This certificate is considered an alternative to the quality certificate approved by ILAC or IAF, in implementation of the requirements of Decree No. 43 for the year 2016, which regulates the registration of factories eligible to export their products to Egypt, after the approval of the Minister of Foreign Trade.
g. Amendments have been made to this decree to facilitate the procedures to the stakeholders and avoid the obstacles they face in terms of time duration for registration or the need to establish a mechanism for submitting grievances and complaints, as is specified below;
Ministerial Decree No. 195 for the year 2022 amending Decree No. 43
Ministerial Decree No. 195 for the year 2022 was issued in March 2022, regarding the amendment of some provisions of Decree No. 43 for the year 2016, with the aim of amending the rules governing the registration of factories eligible to export their products to Egypt.
h. The amendment contributes to speeding up and simplifying the procedures for registering companies and factories eligible to export their products to Egypt, facilitating the importation and exportation of products, and setting specific time periods for registration.The amendment issued the cancelation of the third paragraph of Article (1) in Decree No. 43, stating the cancelation of registration by the Minister of Trade. The registration occurs as soon as the necessary documents are submitted. The relevant applicant shall receive proof of registration within a period not exceeding 15 days. In case of suspicion in the validity of the submitted documents, registration in the registry will not take place until these documents have been verified.
i. It is worth noting that registration is only done once, and companies wishing to export to Egypt must renew, only the documents with an expiry date, within a period not exceeding 30 days from the date of expiry.
j. The decree also added new paragraph to Article (2) of Decree No. 43 stating that “it is permissible to submit documents for registration through the embassies and consulates of the governments of the relevant countries”. Additionally, the decree added two new articles numbered Article 2 (bis) and Article 2 (bis1). Article 2 (bis1) states that “a committee shall be established by a Decree of the Minister of Trade, to follow grievances against non-registration or cancellation of registration. The grievance request shall be submitted to the Trade Agreements and Foreign Trade Sector to be presented to the Grievances Committee. The grievance shall be decided upon within a period not exceeding 15 days from the date of its submission, and the grievant shall be informed of the reasons for non-registration or cancelling of registration and the corrective actions that must be taken to re-register”.
k. Article 2 (bis) states that “Striking off /cancelling of registration shall take place through a decision by the head of GOEIC in cases of missing any of the registration conditions, and the decision will state the reasons for cancellation of the registration. A grievance of the cancellation decision could be submitted within 60 days of informing the relevant factory /company.In this context, Egypt affirms commitment to the rules and legislation regulating international trade, within the framework of its membership in the World Trade Organization, as well as our commitment to our membership in all the regional agreements, especially the COMESA countries, as one of the most important trading partners of Egypt.
2. The Secretariat facilitated a bilateral meeting between Mauritius and Egypt on 17 Nov 2022 to discuss resolution of this NTB in which Egypt informed the meeting that the decree had been amended and the procedures were simplified and therefore it was agreed that Mauritius advise their private sector to try and register again and report back should they face any challenges .
3. This matter was again discussed during the Workshop on Capacity building for Focal Points and NMC on 3- 6 April 2023 at which it was recommended that Mauritius provides feedback in the online system on the experience of their private sector when trying to register under the improved electronic registration procedures.
3. During the 3rd meeting of the NTBs Forum: i. Egypt informed the meeting that the new decree simplifies the documentation and registration procedures and provided the website that could assist in that regard and therefore the NTB should be resolved;
i. Egypt informed the meeting that the new decree simplifies the documentation and registration procedures and provided the website that could assist in that regard and therefore the NTB should be resolved;
ii. Mauritius requested more time to complete internal consultations with their exporters and provide feedback in the online system;
iii. In case a bilateral meeting between the two countries is necessary , Mauritius will inform Egypt also indicating the agenda for the meeting.
4.On 21st February 2024 , Mauritius submitted the following feedback from their consultative process with stakeholders:
The main outcome of the consultations with the private sector is that the NTB has deterred exports to Egypt. The exporters also highlighted that:
a) The process for registration of each shipment is cumbersome and time-consuming, whereby different approvals are required from different agencies;
b) The lengthy process will increase the lead time, thereby negatively impacting the competitiveness of our exports;
c) The requirement to provide a Certificate of Inspection/Compliance (from 3rd Party) or ISO 9001 certificate (for manufacturer) to Customs appears to still be maintained by the Egyptian Authorities;
d) They are already exporting to international brands based in Southern African, European and North American markets without the need to provide a Certificate of Inspection/Compliance (from 3rd Party) or ISO 9001 certificate (for manufacturer) to Customs; and
e) In addition, several of the key customers of Mauritian companies trust the internal Quality Management System of the company and have classified these companies as a ‘Self-approve’ manufacturer
 
NTB-000-718 8.8. Issues related to transit 2016-08-02 Mozambique: Beira Port Zambia In process View
Complaint: With reference to Resolved NTB-000-606, the matter is anything but resolved. We continue to experience attacks on our vehicles when using the Munhava Port Access. We have contacted numerous Security Companies in Beira to provide security for the vehicles, all have refused quoting the security situation. We have also been advised by other transporters that placing guards on the vehicles will only draw further action against the vehicles in an act of defiance/retribution. The Police do seem to be prepared to escort the vehicles, but we have no contacts nor tariffs charged. In the past week we have recorded 3 violent incidents.  
Progress: 1. During the 15th meeting of the SADC Sub Committee on Trade facilitation, Mozambique reported that they noted the misbehavior by certain truck drivers sometimes they divert the trucks to inappropriate cites and are reported . Zambia has never reported those wrong doers and perpetrators. Mozambique requested Zambia to clarify the specific experiences. Zambia to provide feedback.
2. On 21 October 2021, Mozambique Focal Point reported thatRegarding this complaint, the Police of the Republic of Mozambique (PRM) is aware of the problem of robberies on trucks that travel through the Munhava District to access or leave the Port of Beira. In this section, trucks move slowly, allowing this type of incident to happen, especially at traffic lights. Aware of its responsibility to ensure public order and security, the Provincial Command of the PRM in Sofala has already made the hotspots with the highest number of robberies a priority when deploying the Police Force to conduct permanent patrols.
In order to improve security at these points, the Provincial Command of the PRM in Sofala is available to receive road transport operators and coordinate with them, either by conducting vehicle escort services or other legally provided security mechanisms. To this end, interested operators can contact the Provincial Command of the PRM in Sofala in the person of the respective Commander.
 
NTB-000-689 8.6. Vehicle standards 2016-03-23 Botswana: All Border posts or entry points into Botswana by road South Africa In process View
Complaint: We have a problem in Botswana regarding the determination of Road User Charges at the border posts into Botswana.

The trailer manufacturers states the GVM to be 36 000 kg per unit (see attached vehicle registration papers)

This is the combined weight of the front and back link. However that is not what is reflected on the disc.

What it should say on the disc, is that the carrying capacity:

a) on the front link is 13000 kg.
b) The rear link is 23000kg.
c) The combined weight is thus 36 000kg.

We all know that it is not possible to carry 36000kgs on the front link and 36000kgs on the rear link. The axle configurations do not permit this to say the very least.

The problem arises on entry into Botswana at the border posts. They charge their road user fees per disc weight on the front and rear trailer.

therefore we end up paying for 36000kgs for the front trailer and 36000kgs for the rear trailer, this is 72 000kgs per unit.

To change the SA disc the following procedure will have to be followed.

1) W/bridge
2) Road worthy
3) Registration certificate
4) Certificate of compliance
5) Certificate model
6) Builders certificate
7) Ten days to change details of GVM per trailer.

a) It is very costly
b) it is very time consuming
c) it is not practical
d) It defeats the object of standardization and harmonization in the SADC region.

In this day and age where we are all trying to tighten our belts in order to survive, we can ill afford such additional costs.

This matter requires the urgent intervention of the focal point group in Botswana to address this matter urgently with the Roads Department in Gaborone, all relevant documentation pertaining to this case has been attached.
 
Progress: This issue was discussed during the Botswana / South Africa Bi-National Commission, which was held in Gaborone in November 2017. As per item 3.2.2.1 bullet point number one (1), the Republic of South Africa was to formerly request for a waiver from Botswana on the matter, while South Africa is still sorting out the system that causes the problem. Botswana is still awaiting correspondence from South Africa to that effect. We kindly advice the South African Focal Point to consult the Department of Transport in South Africa for further clarifications.  
NTB-000-781 2.6. Additional taxes and other charges 2015-11-19 Mozambique: Delegação Aduaneira de Goba (Road) Eswatini In process View
Complaint: An import surcharge is applie to all imported sugar (i.e. SADC and non-SADC) ased on the difference between Dollar-based reference price (DBRP) and the world marker price quoted on the New York #11 and London no.5 commodity exchanges for brown and white sugars respectively. The current DBRP is US$806 per tonne for brown sugar and US$932 per tonne for white sugar.  
Progress: 1. On 4th February 2020, Eswatini Focal Point expressed concern that there is no progress made in addressing this matter and therefore proposed that a bilateral meeting between the two member States be held either in Eswatini or Maputo so as to discuss and resolve this longstanding NTB. Eswatini suggests that the Secretariat facilitates the bilateral meeting and is therefore awaiting response from SADC NTB Focal points on way forward.

2. On 5th November 2017, Mozambique Focal Point updated that Mozambique is still working on the matter and a multisectorial team, which involves Revenue Authority (Customs and International Cooperation Directorate) and Ministry of Industry and Trade has been established to analyse the matter and the answer will be sent as soon as possible..

3. On 1st September 2017, Mozambique and Swaziland Focal Points reported that they are urgently following up with relevant authorities to assist the complainant . All efforts are being made to resolve the matter expeditiously.
 
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