| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-169 |
7.2. Discrimination |
2024-01-01 |
Burundi: Rugerero |
Tanzania |
In process |
View |
|
Complaint:
|
Republic of Burundi is charging USD 152 Flat rate on Road user Charges from Kobero/Kabangato Bujumbura which is equivalent to USD 65.5 per 100KM, While Tanzania is charging USD 10 per 100KM. This discriminatory charge is contrary to directives made on the 18th Meeting of Sector Council on Transport,Communication and Meteorology |
|
|
Progress:
|
1. Directives from 18th Sectoral Council on TCM:
The 18th Sectoral Council (TCM) Directed:
(a) Partner States to apply the distance + weight (axles) charging principle;
(b) Partner States that use flat rates to abolish them and adopt distance + weight (axles) charging principle.
(c) Partner States to charge Road User Charges based on the following three categories of vehicles:
● Buses;
● Trucks of three or less axles; and
● Heavy Goods Vehicles of more than three axles (truck with a drawbar trailer or articulated vehicles / semi-trailers);
(d) Partner States applying COMESA harmonized rates between themselves to continue doing so;
(e) Partner States to reciprocate the distance + weight (axles) rates charged by counterpart states;
(f) The Secretariat to prepare Terms of Reference for a study to review the existing Road User Charges and develop harmonized charging formulas to be applicable in the EAC;
(g) Secretariat to mobilize funds for the study in (vi) above;
(h) Foreign registered vehicles to be charged RUCs on the basis of a round trip from the point of entry to the destination and back provided the destination is within the country of entry;
(i) Partner States to always display the gazetted RUC rates at all points of entry; and
(j) Partner States prepare a schedule of distances and their respective computed charges from their point of entry to various destinations within their respective territories and display them at all points of entry.
Updates from the 45th Council of Ministers:
The NTBs on Road User Charges were also considered by the 45th Council of Ministers which noted the following submission from Partner States:
The Republic of Rwanda informed the Council that:
(a) The decision of TCM to calculate the Road User Charges based on weight and distance is discriminatory in nature. It favors big states and discriminates against smaller ones. In view of the above, Rwanda being a small state and landlocked as well cannot accept being punished based on its size.
(b) The EAC Partner States had gone beyond this level by harmonizing fees and charges. The harmonization of charges, Levies and fees is ongoing. From 1 7 to 21 June 2024 in Entebbe - Uganda, the Community convened a regional meeting to identify and compile Fees, Levies and charges in Agriculture and Transport Sectors. The Republic of Rwanda proposes to continue in the same spirit of harmonizing charges and fees by putting in place flat rates.
(c) That Road User Charges which are calculated based on axle load and distance should only apply to cargo trucks which originate from non-EAC Partner States i.e. SADC & COMESA Countries. EAC Partner States should enjoy equal benefits of regional integration by removing anything identified as barriers
(d) That high transportation costs, including levies, fees, and charges, result in higher final prices, impacting businesses, trade, and end consumers, particularly in landlocked countries.
(e) There is a need for the EAC to agree on fair and fact-based Road User Charges, not only focusing on micro-level factors like axle load / weight and distance but also considering other factors that favor all of us as a region
(f) There is a need to do a study to determine the impact of the Road User Charges on the EAC economies.
The Republic of Burundi informed the Council that:
(a) The bilateral meeting between the Republic of Burundi and the United Republic of Tanzania as directed by the TCM has not yet been convened by the Secretariat; and
(b) They were still consulting on the matter.
The Council therefore observed that:
(a) Road User Charges are intended for infrastructural development and maintenance, end-to-end facilitation of transportation, and not revenue; and
(b) All the Partner States participated in the meeting of the Sectoral Council on TCM that adopted the proposals and recommendations of the Sectoral Council on TCM on harmonization of Road User Charges.
The Council directed the Secretariat to refer the Harmonization of Road User Charges in the Community back to the Sectoral Council on Transport Communication and Meteorology (TCM) for consideration and report back to the 46th meeting of Council (EAC / CM 45 / Directive 56).
Update from the 19th Sectoral Council on TCM:
The 19th Sectoral Council on TCM considered the matter and received inputs from Partner States as follows:
United Republic of Tanzania
Tanzania provided a presentation containing the background, findings and recommendations on the issues of Road User Charges as follows:
(i) Prior to the 18th TCM, United Republic of Tanzania was charging a rate of USD 16 / 100km for vehicles over three axles and USD 6 / 100 km for vehicles of up to 3 axles;
(ii) After the 18th TCM, United Republic of Tanzania reviewed her rates to USD 10 / 100km for vehicles above three axles and USD 06 / 100 km for vehicles below three axles
(iii) Under the road-user principle, road users are supposed to pay RUCs to compensate damage caused by vehicles;
(iv) There is need for non-discriminatory charging for road users from foreign vehicles;
(v) Studies reveal that the principles to be used to calculate RUCs should be foreign operators to pay for road use; non-discrimination and charges related to damage caused on the road infrastructure.
Uganda
Uganda submitted that:
(i) All roads are paid for by citizens through taxes and there are no free roads
(ii) Roads have a design life, and the main cause of deterioration is the weight (load carried by vehicles), and the distance moved. The heavier the weight carried the more the degradation and the longer the distance the more the degradation; hence the higher the repair costs required;
(iii) Road user charges are not profits for utilization of the roads but a contribution for the maintenance and repair of the roads;
(iv) The position of the 18th Sectoral Council of TCM is not discriminatory at all as it stipulates that whoever degrades the roads should meet a proportionate contribution to their repair and maintenance; moreover, all Partner States were involved in making that decision;
(v) The weight + distance consideration in the road user charge is an equitable basis for contributing to the maintenance and repair of roads;
(vi) Tanzania has already carried out a study similar to the one being proposed by some Partner States whose results were shared in the meeting, and they support the weight + distance basis for determining the road user charges;
(vii) Deferring the decision on the user charges will cause an unnecessary vacuum which will have serious effects in the road sector; the largest mode of transport at the moment.
The Republic of Uganda therefore supports the position of the 18th TCM.
Burundi
Burundi was of the view that landlocked countries should not be disadvantaged to access the world markets through high transit charges along coastal countries. The fixed rate for RUCs should be maintained. The RUCs include fuel levy for road maintenance, vehicle license fees, international transit fees and others such as congestion fees. The concern raised by Burundi is that RUC should be restricted to transit fees. The road user from neighboring countries pay for damage to the road network is catered for by the fuel levy.
Rwanda
Rwanda was of the opinion that the rates should be determined by the Committee responsible for fees, charges and levies since that committee handles all sectors of the economy that includes all modes of transport. What was needed was the timeline within which to harmonize the charges. The charges incurred by transporters are actually borne by the citizens, who are the end users of the cargo being transported.
Kenya
Kenya supports the directives of the 18th TCM. However, EAC Secretariat was supposed to prepare TORs for a regional study on harmonized RUCs. Alternatively, the study could be done by a TWG. Through a bilateral arrangement, Kenya and Tanzania harmonized their charges to comply with COMESA rates. But the proposed study by the Secretariat should take into account the principals. further, the quality of roads in the region are not the same, hence there was a need to harmonize the road quality standards so that the cost of maintenance of roads is similar for all countries.
The Secretariat clarified that the draft TORs had been prepared but needed to be updated and submitted to Partner States for review in two weeks. Regarding the modality for the study, the TCM had agreed that the study be carried out by an independent consultant oversighted by a technical working group. The issue of RUCs is also an agenda in SADC and COMESA and, therefore, is a Tripartite issue. Currently discussions are ongoing with the EU and TMA, and it is hoped that a solution will be found.
Conclusion
Uganda, Kenya and Tanzania were of the opinion that the principles of charging agreed by the 18th TCM (distance + weight) should be maintained, as the region awaits the outcome of the study by the Secretariat. However, Rwanda and Burundi positions are that the charges should be further analyzed by the Committee on rates, fees and levies.
The meeting noted that the 19th TCM among others reiterated its directive to Partner States applying the COMESA rates on RUCs as directed by the 18th TCM (EAC / TCM 19 / Directive 08).
The Republic of Rwanda and Republic of Burundi were of the view that the study should come first before implementation of the TCM Directives.
Permanent / Principal / Under Secretaries noted the need for the study by TCM on harmonization of road user charges, as they have direct impact on the cost of doing business in the Region and be subjected to the joint consideration by the Sectoral Council on TCM and SCTIFI.
The Sectoral Council on Trade, Industry, Finance and Investment took note of the directives of the Sectoral Council on Transport, Communications and Meteorology on the harmonized road user charges; and recommended to Council to direct the Secretariat to convene a joint meeting of the Sectoral Council of the Sectoral Council on Transport, Communications and Meteorology and Sectoral Council on Trade, Industry, Finance and Investment to consider the recommendations of the study on the harmonization of road user charges once finalized by the Sectoral Council on Transport, Communications and Meteorology (EAC / SCTIFI 45 / Directive / 47).
The 46th Council considered the NTB and gave the following directives:
(a) directed Partner States applying COMESA harmonized rates between themselves to continue doing so (EAC/CM 46 / Directive 17);
(b) directed Partner States to retain status quo with respect to the Road User Charges (EAC/CM 46 / Directive 18); and
(c) direct the Secretariat to prioritize and expedite undertaking the study on harmonization of EAC Road User Charges within six months and report to the 47th Council. (EAC/CM 46 / Directive 19)
2.The 46th Council considered the NTB and gave the following directives:
(a) directed Partner States applying COMESA harmonized rates between themselves to continue doing so (EAC/CM 46 / Directive 17);
(b) directed Partner States to retain status quo with respect to the Road User Charges (EAC/CM 46 / Directive 18); and
(c) direct the Secretariat to prioritize and expedite undertaking the study on harmonization of EAC Road User Charges within six months and report to the 47th Council. (EAC/CM 46 / Directive 19) |
|
|
NTB-001-193 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2023-12-10 |
Botswana: Instructions provided to the Rwanda's commercial agent based in Botswana |
Rwanda |
New |
View |
|
Complaint:
|
Requirement by Botswana authority in charge of food imports that Rwanda needs to provide a " Free Sale certificate" prior to exporting coffee to Botswana. The issue is that such certificate is not required in 20 countries where Rwanda is exporting coffee globally. In addition, there is no institution in Rwanda that issues such certification. |
|
|
Products:
|
0901: Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion. |
|
|
NTB-001-155 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-11-03 |
Egypt: Egyptian Tax Authority |
Zambia |
In process |
View |
|
Complaint:
|
On November 3, 2023, the Egyptian Official Gazette published Law No. 177 of 2023 amending provisions of the Value Added Tax Law promulgated by Law No. 67 of 2016, including the provisions related to the tiers of cigarette taxation. The amendments to Serial 1/B of Law No. 177 of 2023 bluntly prohibits imported cigarettes from of the first tier and restricts them to “cigarettes produced by local factories”, which favors and gives preferential treatment to local products.
It is worth noting that the addition of the aforementioned provision has significant repercussions on the competitive ability of other companies, especially that the first tier has the lowest priced cigarettes in the market and are more economical for citizens. Consequently, this contradicts COMESA national treatment article, causing harm through the discrimination of specific products that may lead to market monopolization.
Various companies manufacture their brands in factories in COMESA member states and import and sell it in Egypt. However, the recent tax amendments that imposed a value-added tax on low-priced cigarettes prevent companies from importing cigarettes and limits sales to local production. |
|
|
Progress:
|
1. Egypt to respond on the NTB with Zambia on the online reporting system by 1st Week of June 2024
2. During the NTBs workshop held from 17 -19 April 2024, the Egypt and Zambia agreed that this issue would form part of the agenda for the proposed bilateral meeting. The dates for the bilateral meeting to be facilitated by the Secretariat would be determined by the two Countries.
3. On 7 May 2024, Egypt Focal Point reported that consultations with the relevant national authorities were ongoing, and Egypt would provide updates as soon as possible.
4. On July 22, 2024, the Secretariat had a meeting with the exporter after receiving a reminder on the NTB dated 3rd July 2024. The aim of the meeting was to get the gist of the NTB and share other necessary information to start facilitating the resolution of the NTB.
5. As a policy issue, the NTB was escalated to Stage 1 on cooperation and elimination of NTBs under the COMESA Regulations on NTBs Elimination and on 26 August 2024, Zambia was advised to formally request the Secretariat to facilitate the bilateral meeting on behalf of the exporter. This comes after Zambia reported that she wrote to the Egyptian Embassy regarding the NTB but there was no immediate response and that was concerning as the matter was very urgent.
6. In a letter dated 2 September 2024, Zambia requested the Secretariat to facilitate a bilateral meeting between the two countries. The Secretariat has started preparation for the bilateral meeting including drafting a letter to Egypt and developing a draft agenda for the bilateral meeting between the two Member States.
7. On 24 September 2024, Zambia and Egypt convened a bilateral meeting and recommendations from the discussions as presented in the draft report were as follows"
i) Zambia will engage Roland Imperial Tobacco Company to consider selling their products under Tier 1 for favorable market conditions in Egypt.
ii) Egypt will consult with its Ministry of Health on the health requirements for importation of cigarettes and communicate with Zambia in due course.
iii) Egypt will further start the process of reviewing the Law 177 to remove elements of discrimination between imported and local products.
iv) Egypt will look into the possibility of allowing the 15 consignments in transit from the Tobacco Company to ascertain if there is a possibility of a rebate and if the rebate can be held over for the period until the Law is revised.
8. On 4th June 2025, the two Member States convened a bilateral meeting and the following updates were received:
i. Egypt is to consult with the Ministry of Finance on the NTB which has the elements of discrimination between the imported and local products; and
ii. The Secretariat to facilitate the next bilateral meeting between the two Member States, by October 2025.
9. On 25th August 2025, the representative of Tobacco informed the Secretariat that Egypt has gazetted legislative amendment to its Value Added Tax (VAT) Law in relation to tobacco under Law No. 157 of 2025, dated July 17, 2025. The key changes introduced by the amendment include:
i. Increased VAT rates on cigarettes.
ii. Structured annual increases of 12% to both minimum and maximum retail price thresholds for cigarettes, beginning November 5, 2025, and continuing through 2028.
The new cigarette price thresholds are as follows:
i. Local cigarettes priced below EGP 38.88 will increase to EGP 48.
ii. Cigarettes priced between EGP 38.88 and EGP 56.44 will increase to a range of EGP 48 to EGP 69.
iii. Imported brands priced up to EGP 56.44 will increase to EGP 69.
10. On 31 October 2025, Secretariat sent a reminder to Egypt on the outstanding discussions on the matter, however on 3 November Egypt updated that they has started taking the necessary steps to coordinate with the relevant national authorities from the Ministry of Finance and the Tax Authority to consider the proposal to amend the law. |
|
|
NTB-001-151 |
8.8. Issues related to transit |
2023-09-13 |
Mozambique: Beira Port |
Malawi |
New |
View |
|
Complaint:
|
The Malawi pigeon pea export consignment to India has been detained at Beira port in Mozambique for the following reasons:
1. 275Mt for Grey Matter - Investigation on issues of origin. However, the consignment bears Malawi custom seals and documents, emphasizing its Malawi origin.
2. 1500MT for Africa Fertilizer Ltd – Rules regarding fumigation. All the consignment loaded in trucks in Malawi, and stuffing was done in containers in Beira.
3. 3275MT for Afrisian Ltd – Customs verification if the cargo is in transit. |
|
|
NTB-001-127 |
8.8. Issues related to transit |
2023-07-25 |
Mozambique: Beira Route |
Malawi |
In process |
View |
|
Complaint:
|
Professional Drivers Union in Malawi are concerned with reduced transit limit time to 21hrs by Mozambique - Initially the transit time was 72hrs. This change brings about healthy and safety concern to drivers. Drivers are concerned on road conditions, mechanical faults and time to rest on the road which makes it difficult to meet this newly set time limit. They opt for the 72hrs as it were because this time limit gave an allowance to delays encountered in transit and it was good for safe driving. |
|
|
NTB-001-128 |
2.4. Import licensing |
2023-06-23 |
Zimbabwe: Johannesburg/Pretoria |
South Africa |
In process |
View |
|
Complaint:
|
Reference is made to a resolved complaint with number NTB-000-966, which pertained to a problem with import licensing requirements into Zimbabwe.
The complainant was a Zambian exporter of yeast that was experiencing challenges in obtaining import permits from the Authorities in Zimbabwe, which permits were not issued when requested. This complaint is similar to the problem experienced by Rymco (Pty) Ltd, trading as Anchor Yeast, being hindered in exporting yeast from South Africa to Zimbabwe.
The date of resolution is indicated as 06 April 2023. A status note pertaining to the complaint reads as follows: “During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import license. This NTB was therefore resolved.”
South Africa requests confirmation on whether the lifting of the import licensing requirement on yeast also applies to SADC countries, specifically South Africa. |
|
|
NTB-001-120 |
7.5. Lengthy procedures |
2023-06-12 |
Democratic Republic of the Congo: |
Zambia |
In process |
View |
|
Complaint:
|
SADC Truck drivers at all Borders with DRC are experiencing cumbersome payment procedures for the scanner costing $100 and forced parking costing $30 which has led to congestion (long queues) subjecting drivers to as; no sanitation, delayment on average by 8 days and serious security concerns; and Delayed document processing by mining houses i.e. It takes an average of 14 - 30 days to be cleared after loading. |
|
|
Progress:
|
1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Zambia reported that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC). Zambia reported that they were waiting for official communication from DRC confirming suspension of scanner charges.
4. In May 2025, Malawi updated that they convened a meeting with the cross-border truck drivers and confirmed that the drivers were still experiencing challenges in DRC borders.
5. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025 the following updates were received:
i. DRC informed the meeting that there was no information on the current status of the reported NTB and requested the affected Member States to provide the information if their traders are still experiencing challenges.
ii. DRC, Malawi and Zambia to update information in the Online System on the status of the NTB. |
|
|
NTB-001-125 |
2.8. Lengthy and costly customs clearance procedures |
2023-06-01 |
Democratic Republic of the Congo: |
Malawi |
In process |
View |
|
Complaint:
|
Cross Border truck drivers from Malawi, Zambia and other COMESA Member States face cumbersome procedures of clearing goods and other transit issues at the relevant border post in the Democratic Republic of Congo (DRC). In particular the following is reported:
1. Scanner at Mutaka- Cumbersome payment procedures for the scanner ($100) and forced parking ($30) which has led to congestion for the drivers as well as serious security concerns.
2. Unnecessary stoppages along Kasumbalesa-Kolwezi Corridor causing massive delays.
3. Delayed document processing by Mining houses.
4. Unfair treatment of drivers in an event of accidents, sickness and death. |
|
|
Progress:
|
1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Malawi reported that stakeholders were still experiencing the challenges but conformed that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC).
4. d) During the NTBs workshop 17th - 19th April 2024, DRC Focal Point confirmed that the scanner and parking charges have been lifted. However, Malawi NFP reported that their truck drivers are still paying for these services and the NTBs has not been resolved.
5. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, the following update was received:
i. DRC informed the meeting that there was no information on the current status of the reported NTB and requested the affected Member States to provide information if their traders are still experiencing challenges.
ii. DRC, Malawi and Zambia to update the status of the NTB on the Online System. |
|
|
NTB-001-118 |
8.7. Costly Road user charges /fees |
2023-05-16 |
Democratic Republic of the Congo: Mitaka, Lualaba province Democratic republic of Congo |
Namibia |
In process |
View |
|
Complaint:
|
DRC authorities in Mutaka, Lualaba province are charging 100 United states dollars for scanning each commercial truck loaded with cargo.
Cumbersome barriers, lengthy procedures have caused unprecedented congestion of hundreds of trucks in Mutaka area.
Truck drivers no sanitation, no wellness facilities, power security. One truck driver died in his truck on the due to Kasumbalesa border. |
|
|
Progress:
|
1. On 22 May 2023, DRC Focal Point reported that the complaint had just been submitted to the competent service (Ministry of Foreign Trade) and that investigations would be undertaken as soon as possible for resolution. |
|
|
NTB-001-134 |
2.6. Additional taxes and other charges |
2023-05-08 |
Kenya: |
Egypt |
In process |
View |
|
Complaint:
|
The Middle East Glass Manufacturing Company and its subsidiaries: 1) Misr Glass Manufacturing and 2) Middle East Glass Containers in Sadat. Being largest glass container manufacturer in the Middle East & North/East African region located in Egypt. The company has maintained strong business relation with Republic of Kenya over the last decade(s) being key glass supplier for more than 12 years to most of big manufacturing companies (some of them are big multinational companies) with superior track record of commitments in terms of quality standards and satisfying customer demands, continuity of supply, meeting their expectations and needs of glass container.
Egypt is member state of COMESA trade agreement (Common Market for Eastern and Southern Africa), which support enhancing the relation and volume of trade between the company and Kenyan customers. Below table shows the amounts that has been exported to Kenya in the last 5 years:
2019 = US$ 10,325,336
2020 = US$ 10, 929, 362
2021 = US$ 8, 122, 525
2022 = US$ 8, 848, 972
2023 = US$ 7,322,062
Starting March 2020, Kenya has applied Extra Excise of 25% on all imported glass bottles (excluding pharmaceutical glass bottles) – copy attached - which limit the advantage given to all COMESA countries. This law has been already appealed by other glass container manufacturer in Tanzania and they successfully were able to remove it.
In addition, Starting September 2023, Excise duty applied on imported glass bottles has been increased to be 35% instead of 25% with no clear reason or justification. This additional duty applies by the Finance Act No. 4 of 2023 – copy attached - has prevented Middle East Glass from its fair competition against other glass manufacturers in the region and also against the agreement of COMESA.
We believe the main reason behind all these amendments is to support the local producer Milly Glass Works Ltd. Address: Liwatoni Road, Mvita, Road, Mombasa, Kenya, Near the Mombasa Yacht Club.
Hence, we seek support to waive all the glass exported from Egypt to Kenya from implementation of the excessive Excise Duties similar to the case of Tanzania case. |
|
|
Progress:
|
1. During the NTBs workshop 17th - 19th April 2024, Egypt reported that the legislation is still providing a barrier to Egypt exports to Kenya. The two countries agreed that this issue will form part of the agenda for the proposed bilateral meeting by 28th June 2024.
2. On 28 August 2024, Egypt requested the Secretariat to facilitate a bilateral meeting between themselves and Kenya regarding this NTB. After the Secretariat initiated the bilateral meeting, on 3 September 2024, Kenya agreed to hold the bilateral meeting, following a stakeholder consultative meeting held on the same day.
3. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
|
|
NTB-001-108 |
3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. |
2023-05-02 |
Kenya: Kenya Bureau of Standards |
South Africa |
In process |
View |
|
Complaint:
|
A South African Exporter has reported that the Kenyan authorities have issued notification on new requirements for exporters and importers to record all trademarks in aid to protect intellectual properties and prevent importation of counterfeit goods into Kenya under the Anti-Counterfeit Act, No. 13 of 2008. This requirement, while it is , has cost implications to the Wine industry of South Africa who have to incur additional costs to enforce it. Further, it is not clear how it will work in practice or how it will be managed especially that applications are done on line and that the registration has 1 year validity, after which it has to be renewed annually.The cost to record is estimated at USD25 000 for the Brands exported to Kenya. The exporters also have the same products analyzed by ISO 17025 labs and pay USD265 per container to confirm full compliance.
The Exporter is of the view that whenever products are to be exported, are certified by SGS as to who the proprietors of the products are. The annual required registration would result in increased cost of the products. |
|
|
NTB-001-210 |
2.9. Issues related to transit fees |
2023-05-02 |
Kenya: Mombasa County |
Uganda |
In process |
View |
|
Complaint:
|
Agricultural Produce Cess on tea into Mombasa County
Mombasa county charges charges Cess on tea in transit to the auction market. Mombasa County is charging the cess on all tea destined for Mombasa at the rate Kshs 7000, for a truck of seven tonnes and above.Charging the cess on tea being trucked into Mombasa Countyincreases the cost of doing business. This tea is dstined outside Kenya. |
|
|
Progress:
|
1. During the RMC of 17th October 2024 the Republic of Kenya committed to consult and revert during the 38th RMC.
2.The Republic of Kenya reported that they have initiated discussions with the County and committed to revert during the Ministerial Session. Also, Kenya has embarked on sensitisation of Counties on EAC Procedures to facilitate trade. The SCTIFI noted that the NTB was still affecting Uganda traders and urged the Republic of Kenya to waive the KSHS 7,000 Cess by 31st December 2024 and report to the 46th SCTIFI (EAC / SCTIFI 45 / Directive / 53).
3.During 38th RMC, Kenya informed the meeting that it is committed to resolve the matter by the financial year 2025/2026 |
|
|
NTB-001-203 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-04-12 |
Malawi: Malawi Revenue Authority |
Zambia |
In process |
View |
|
Complaint:
|
Malawi Laundry & confectionary imports into Zambia are levied MK20,000 to MK25,000 per invoice, where
Zambian products going to Malawi are charged with 13-27% (MBS, Surcharge, Excise duty). |
|
|
Progress:
|
1. NFPs for the two countries to hold bilateral meeting by August 2024. This issue was also discussed during bilateral meeting held in Addis Ababa at the 4th NTBs Forum . Malawi to report progress from internal consultations.
2. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the export subsidies is still implemented. However, Malawi did not provide an update on the status of the NTB. |
|
|
NTB-001-105 |
7.8. Consular and Immigration Issues
Policy/Regulatory |
2023-03-01 |
Zambia: Ministry of Home Affairs |
Mozambique |
Complaint registered with REC |
View |
|
Complaint:
|
New Migration Fees Introduced by The Republic of Zambia
The Ministry of Industry and Commerce of Mozambique, has received a complaint/ notification from the Mozambican private sector regarding to the introduction of migration fees by the Zambian Government Authorities. The referred fees are applicable only to foreign citizens, promptly implementing the respective price list, since the beginning of June 2022.
From a practical point of view, and with regard to the resulting costs, for road freight transporters in particular, the introduction of these fees means that, for the fee valid for 1 year, the amount to be paid is approximately US$1250.For one way trip (immediate validity), the amount to be paid is approximately US$490.This fee apply only to foreign road freight transporters, including Mozambicans, and does not apply to locals.
Other measures which Zambia introduced and are adding to cost of doing business are (1). the introduction of a ban on filling fuel reserve tanks for foreign trucks, with a view to obliging them to purchase fuel in Zambian territory, (2). the introduction of road charges and, (3). the obligation to send 50% of the transported cargo to the Republic of Zambia.
We believe that the way which the Government of Republic of Zambia acts violates the Agreements signed by it in relation to the policies adopted by SADC, in the field of road transport, for which the Member States agreed to develop a harmonized transport policy that safeguards the principles of equal treatment, non-discrimination, reciprocity, fair competition, harmonized operating conditions that promote the creation of an integrated road transport system in the region.
In this regard, Mozambique requests the intervention of the Zambian Authorities, with a view to the immediate elimination of the Migration fees, introduced in this country, as well as other deterrents to carrying out the cargo transport activity in the Country, and applicable only to carriers foreigners or alternatively, and if the country is not available to do so, immediately use the principle of reciprocity, by applying the same measures to carriers in that country, if they are in transit or enter the national territory
|
|
|
NTB-001-092 |
2.6. Additional taxes and other charges |
2022-12-01 |
Uganda: Uganda Revenue Authority |
Egypt |
In process |
View |
|
Complaint:
|
Egypt has received a complaint from one of our exporters who also intends to invest in Uganda and establish a manufacturing plant of the products ( processed food products ) he is currently exporting to Uganda and the importing company is “ Afromarket King – Imports &Exports LTD” . The complaint is concerned with the imposition of high taxes and duties , in addition to top ups on exported goods by Egypt of processed food in specific the following HS codes including :
200990 210330
210320 210390
210390 210320
210690 210390
The incident of imposing high tax , duty values and top ups has been repeated on two separate occasions:
1- On Entry no. C116891: (latest incident )
A consignment of foodstuff (Ketchup and BBQ sauce HS codes : 2103200010; 2103900090) of a value of USD 5672.64 (five thousand six hundred seventy two dollars and sixty four cents ) was subjected to very high values of tax and duty of UGX 25,979,379 which was paid on 1/12/2022. However, before the goods were released a top up of UGX 18,508,223,57 was imposed ( still not paid ) .
This shipment has not enjoyed the COMESA preferential rates , despite the fact it is accompanied by a COMESA certificate .
2- ON ENTRY NUMBER C58313 AND C58340 : (earlier incident)
The first assessment for both the entries was for C 58313 amounting to 14,351,118 with a delivery terms F.O.B and C 58340 amounting to 9,272,169shs with a delivery term CIF , that is a total of 23,623,287shs. Despite the amount was too much the importing company paid off the tax( paid on 18/6/2022, it was also noted to him that this high valuation was a mistake made by the clearing agent according to the officer. It is worth mentioning that the total value of goods in both entries was USD 3982 (three thousand and nine hundred eighty two US dollars).
After clearing all dues, a top up of 38,755,713shs was imposed, delaying the release of the goods. Yet, the importing company paid the top up amount to release the goods on 2/7/2022.
The reasons given at the time for the top up:
i. Alternative values had to be used as the primary method of determining the customs value of imported goods.
ii. As stated by the officer, “the information availed to customs shows that we are first-time importer of the assorted goods from Egypt. The sales contract No: UG-001 of 10/03/2022 indicates payment terms of 60days from Bill of Lading date. They wondered how the supplier can allow such terms to a first time buyer without a letter of credit or a bank guarantee”. It is worth mentioning that the importing company has a manufacturing all these food stuff in Egypt.
Furthermore, despite the fact that the importer submitted a COMESA certificate to qualify for the COMESA rates he was informed that goods don’t qualify for COMESA since they are sensitive products being manufactured by the local communities.
Having reviewed the Circulation of Uganda’s current Sensitive List to COMESA Member STATES(attached), it is evident that none of those products are in the sensitive list except for nectar juices (HS code 200990) which are subject to the EAC common external tariff of 35%.
It is worth mentioning that on the two occasions of the above mentioned cases “ Afromarket King – Imports &Exports LTD” made an Appeal to the Assistant Commissioner Trade , Uganda Revenue Authority , Head Office. Yet, no reply was received to date.
In light of the above , Egypt respectfully requests that the Ministry of Trade ,Industry &Cooperatives acting as the Focal point of Uganda looks into the reasons of imposing such high taxes and duties in addition to top ups , in coordination with Uganda Revenue Authority . The imposition of such high taxes , duties and top ups have the effect of discouraging new Egyptian exporters and investors from accessing Uganda’s market.
Egypt is looking forward to the explanation and clarifications of the Ministry of Trade, Industry & Cooperatives , as soon as possible, with respect to the taxes , duties and top ups noting that the first case consignment Entry no. C116891 (latest incident ) is not released yet and pending the payment of the top-up which is unjustifiable in Egypt's view .
|
|
|
Progress:
|
1. During the consultations held during the 12th TWG on TBT-SPS- NTBs , Uganda and Egypt Focal Points agreed to organise a bilateral consultative meeting between the Focal Points , Revenue Authorities and affected companies on Tuesday 24th Januray 2023
2. A bilateral meeting between the two countries was held on 1st Feb. 2023 where it was observed that Uganda Revenue Revenue Authority had not granted preferential treatment to the goods in accordance with COMESA rules
and therefore charged the high duties . In that regard, the meeting agreed, among other things, that Uganda provides the sensitive list of products exempted from receiving preferential treatment by 3rd Feb. 2023 to establish if the affected products were on the sensitive list of products or not. Subsequently, the Secretariat uploaded onto the online system the following documents forwarded by Uganda to the Secretary General:
a. EAC CET 2017
b. Finance Act 2014 and
c. Uganda Finance Bill 2016
3. The Secretariat convened a stakeholders bilateral consultative meeting to take place on 22 August 2023. However the meeting could not take place because stakeholders from Uganda were not available.
4. During the 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023 , it was agreed that this NTB will be considered resolved subject to Uganda providing evidence in the online platform of the following : .
i. The sensitive list has been revised and goods from Egypt are granted COMESA preferencies ;
ii. URA is applying valuation for the goods in according to the WTO rules;
iii. The process to refund duties and other charges has commenced and the client was officially notified accordingly; and
iv. Uganda to share the revised sensitive list and also evidence on communication to client.
5. During the NTBs workshop 17th - 19th April 2024 in Nairobi, it was agreed that Uganda to upload sensitive list of products by 30th April 2024. Further, Uganda is requested to inform Egypt whether or not the refund to the Egyptian exporter has been paid by 30th April 2024.
6. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, the following updates were received:
i. Egypt requested Uganda to provide an update regarding the refund to the importer, however Uganda did not provide an update at the time.
ii. With regards to the updated Sensitive List, the Secretariat sent Uganda a reminder email to submit the updated list as per the decision by the 45th Meeting of the Council of Ministers. |
|
|
NTB-001-095 |
2.6. Additional taxes and other charges |
2022-11-29 |
Zambia: Mwami |
Malawi |
In process |
View |
|
Complaint:
|
Exporters from Malawi are being charged for any transit goods at Mwami border by Chipata City Council in Zambia. The fees and charges for various commodities have been posted at Mwami border. |
|
|
Progress:
|
1. During the COMESA Regional Capacity Building workshop for National Focal Points held on 3-6 April 2023 it was agreed that Zambia should engage its Ministry of Local Government and provide an update in the online system by 16 April 2023.
2. Subsequently, during a bilateral meeting between the Government of the Republic of Malawi and the Government of the Republic of Zambia on the STR which was held in Chipata on 13-14 April 2023, it was agreed that Zambia should verify if indeed the Chipata Council had stopped collecting the fees and provide feedback to Malawi and COMESA Secretariat BY 30 April 2023.
3. During the 3rd meeting of the COMESA Regional NTBs Forum , it was agreed that :
i) Zambia will provide feedback on the outcome of their internal consultations in the online system by 30th October 2023; and
ii) Both agreed that this NTBs be resolved by 31st December 2023.
4. On 25th September 2023, Zambia Focal Point reported that the matter was escalated to higher structures with the aim of having it resolved. The would continue providing updates on new developments with respect to progress made on the matter.
5. During the capacity building workshop held on 17- 19 April 2024, Zambia Focal Point reported that the fees had been lifted through a directive issued by the Ministry of Local Government. However , Malawi Focal point advised that the Malawi traders were still being charged the fees. The workshop was informed that the counterpart Municipality in Malawi was planning to introduce a retaliatory fees for Zambian traders bringing goods into Malawi. Zambia Focal Point was requested to upload the relevant Statutory Instrument or Directive to assist with implementation at the border.
6. During an NTBs consultative Meeting with the Secretariat on 9th April 2024, Zambia stated that the Ministry of Local Government and Development has since instructed local authorities to desist from charging those fees as they were hindering the free flow of trade.
7. During an NTBs workshop on 17th - 19th April 2024, Malawi NFP reported that their traders are still charged by the Chipata local government which has resulted in Malawi’s retaliation. Malawi is now also charging Zambian traders. Meanwhile, Zambia NFP agreed to make a follow-up on the issue and post a feedback on the system.
8. On 9th April 2025, Malawi NFP confirmed that their traders were still paying charges to the Chipata municipality
9. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zambia requested Malawi to confirm if the traders are still subjected to the charges and fees as payable to the Chipata Municipality. However, Malawi did not provide an update on the status of the NTB at that time.
10. On 14 August 2025, Zambia Focal Point reported that Zambia's National Trade Facilitation Committee set up a Committee to review levies being imposed by Local Authorities. The committee is therefore expected to submit a report on the same in the month of September, 2025.
The Ministry was in touch with Ministry of Local Government to obtain the instrument/instruction issued for uploading onto the system
11.During the Bilateral Meeting between Zambia and Malawi on the Simplified Trade Regime (STR), held from 18th to 20th November 2025, the Zambian delegation reported that, through the implementation of the Coordinated Border Management (CBM) system, the number of border agencies operating at Zambian borders has been reduced to six. As a result of this restructuring, local councils no longer conduct operations at the border and have delegated their fee-collection functions to the Zambia Revenue Authority (ZRA). The councils were accordingly instructed to suspend all fees on products. At present, the only fee that ZRA collects on behalf of the councils is the motor vehicle fee applicable to commercial clients. In contrast, it was noted that Malawian councils continue to collect fees on products at their borders |
|
|
NTB-001-090 |
8.8. Issues related to transit |
2022-10-19 |
Zambia: Katima Mulilo |
Namibia |
New |
View |
|
Complaint:
|
Issuance of exorbitant transit permit fees by the Zambian Government went up from K3700 to K11200 and is only imposed at the Katima Mulilo Border post and not at any other borders around Zambia. The Permit was supposed to only apply to those entering Zambia for the purpose of doing business and not those in transit such as drivers transporting the goods through/via Zambia. the permit is therefore deemed to be discriminatory (no other SADC/COMESA countries are imposing a similar measure)and, the permit hinders the movement of goods as truck drivers are delayed in trying to source money to fund the permit. |
|
|
NTB-001-080 |
2.2. Arbitrary customs classification |
2022-09-07 |
Zimbabwe: Chirundu |
Zimbabwe |
In process |
View |
|
Complaint:
|
Simplified Trade Regime system no longer viable most traders preferring to use trucks instead of declaring using STR system, when declarations are done values are being lifted despite invoices produced , revaluation is done by the Supervisors making it difficult and most challenging for traders to use the system , and this is causing traders to use clearing agents .only a few with small quantities using STR with buses, traders are now preferring to use Commercial clearance instead of STR, giving a negative impact to why STR was put in place, there is need for orientation to Officer coming from Inland to the borders so that they understand how STR system operates.
Prior to covid pandemic traders used to use some small trucks with consolidated goods and declarations would be made as to the individual trader's quantities in a truck at the point of exit. During covid pandemic Customs gave a ruling that all goods to be cleared through the agents to reduce human interface, after the pandemic and all the lockdowns and restrictions CUSTOMS no longer want traders to consolidation system in transportation of goods saying its now a broken consignment. this arbitrary declaration is a trade restriction and a barrier TO TRADE |
|
|
Progress:
|
1. The NTB Unit brought this NTB to the attention of the Zimbabwe Focal Point to undertake internal consultations. A response is still being awaited.
2. During the 3rd meeting of the COMESA NTBs Forum held on 20- 22 September 2023 , Zimbabwe reported that the STR regime is fully functional at the Chirundu border post. The meeting requested Zimbabwe to provide feedback on the overvaluation of the goods under STR regime.
3. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda as it affects Zambia’s trade.
4. During the 10th Meeting of the TTFSC held on 2 - 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing.
Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. |
|
|
NTB-001-074 |
7.1. Arbitrariness |
2022-08-19 |
Namibia: Namibia Vet Authroities |
South Africa |
New |
View |
|
Complaint:
|
a. On the 19th August 2022, a Nestle Cremora stock was held at the border in Namibia, but subsequently released 2 days later. To trade export, Nestle Cremora into Nambia , Nestle Cremora products are now required to be accompanied by a Vet Import Permit to enter Nambia. The authorities there argue that CREMORA is a dairy product and as such should be accompanied by Vet Import Permit. Nestle is arguing that CREMORA is a non-dairy product as ingredients indicate.Nestlé CREMORA® is composed of the following ingredients:
i. Glucose syrup solids, Vegetable Oils (Palm Kennel Oil and Palm Fruit), Stabilisers (E340ii, E451i). Sodium Caseinate (milk protein), Hydrolised Wheat Protein (gluten), Emulsifier (E481), Salt, Anti-caking Agent (E551), Flavouring, Colourants: Riboflavin (E101i) and Beta Carotene (E160a). DocuSign Envelope ID: CE740444-68E4-45B9-A6C0-69A8F1392060 – 2
ii. Sodium Caseinate which is a milk protein contributes about 0.8% of the recipe with ±0.2% milk protein level. 1 – this is below requirements for dairy products.
b. Nestle therefore, confirms that CREMORA® is a non-dairy creamer based on the ingredients used on the product. That CREMORA is labelled a “Coffee & Tea Creamer” is complying with the Imitation Dairy Standard in R1510: Dairy & Imitation Dairy Product Regulation of South Africa. Labelling regulations requires that Nestlé CREMORA® is classified as a “Coffee & Tea Creamer” and that its front-of-pack is labelled as such. Labelling regulations further denote other requirements to which the Nestlé CREMORA product and its packaging must comply with
c. Also Cremora’s tariff code is classified as HS 2106.90.09 Food preparations not elsewhere specified or included – Other.
d. The exact date when the truck was held up at the border was the 19th August 2022 and prior to that we had no episode similar to this. During August, there was no financial impact as the orders were allowed with the warning that the next shipment (if not preceded by the paper work) will be sent back, however, the order for September that Nestle in possession of is valued at R 2,841mio. |
|
|
Progress:
|
During a bilateral meeting facilitated by the SADC Business Council held on 10 October 2022, it was agreed that the issue was not related to misclassification of Cremora but rather, the introduction of import permits by Namibia. The SADC BC will engage the Namibia Ministry of Industry representatives to set up a follow up meeting with the Ministry of Veterinary (Namibia) who will provide clarity on the introduction of import permit as there relate to Nestle and to Cremora |
|
|
NTB-001-106 |
6.5. Variable levies |
2022-07-05 |
Zimbabwe: Zimbabwe Revenue Authority |
Zambia |
New |
View |
|
Complaint:
|
Zambia exports into Zimbabwe on beverages attracts additional duty of $ 0.05/Litre.Lengthy Compliance processes, Multiple agency approvals and complex certification requirements further discourage sincere exporters as these layers increase the product turnaround time and further increase RTM cost and delivery time.
For example: - COC, Inspection, Route plan B, Importer licenses & various agency registrations (Multiple window clearance, COMESA certificate) |
|
|
Progress:
|
1. During the NTBs workshop 17th - 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss NTBs affecting both counties and this issue will form part of the Agenda.
2. On 17 April 2024, Malawi Focal Point reported that they were following up with the agencies involved in this issue to resolve the NTBs and gave assurance the this issue was being discussed at length and feedback on the outcomes of the consultations would be provided as soon as possible.
3. During the 10th Meeting of the TTFSC held on 2 – 4 July 2025, Zimbabwe updated the meeting that national consultations and engagements with Zambia towards the resolution of the outstanding NTBs were ongoing. Zambia confirmed the engagement with Zimbabwe and the Secretariat will be updated on the outcomes from the consultations. |
|
English
Français
