| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-109 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2023-04-04 |
Kenya: Namanga |
Tanzania |
In process |
View |
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Complaint:
|
Discriminatory excise duty |
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NTB-001-110 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2022-07-01 |
|
Kenya |
In process |
View |
|
Complaint:
|
United Republic of Tanzania subject a discriminatory treatment to Kenyan export/transfer on products of animal and animal products despite their commitment in the bilateral meeting to amend the Act to resolve the discriminatory charges on the Kenya animal and animal products by June 2022.
Tanzania charges descriminatory meat products an import fees of Tshs 3,000 per kilogram (Kg) for imports consignment. The fees is contained in the animal diseases (animals and animal products movement control) .(amendment) regulations, 2022 of the United Republic of Tanzania that came into operation on 1st July 2022. These charges have rendered Kenyan exports especially milk and milk products, meat and meat products including sausages uncompetitive in the Tanzanian market while Kenya facilitates Tanzania meat and meat products sausages into Kenya without any discrimination.
These charges contravene the GATT 1994 Art III on National Treatment, Articles 1 and 75 (6) of the Treaty as well as Articles 1 (1) (definition of imports) and 15 (1) (a) and (2) (National Treatment) of the Customs Union Protocol and Article 6 (1) of the Common Market Protocol of the Community Laws.
The charges are also in violation of Article 10 of the Custom Union Protocol that obligates Partner States to remove all internal tariffs and other charges of equivalent effect.
Kenya urges:-
a)Tanzania to abolish these prohibitive discriminatory charges and treat our animal and animal products as from the local market and accord same rate as their own without discriminating not to call it import as import is from outside EAC.
b) URT to abolish the discriminatory charges as per the customs union protocol.
d) URT to treat Kenya meat and meat products as local and not as an import.
C)URT to stop restricting the quantities to be imported/transfered by the Kenya companies.
In addition URT charges xthe following discriminative charges:
1) URT charges import fee of 2% FOB by Tanzania Meat Board
2) 0.4% on FOB by Tanzania Atomic Energy
3) 0.2% FOB by Weight and Measure Agency
Kenya request URT to consider abolishing the discriminatory charges which are equivalent import duty prohibited in the EAC Protocal.
On the contrary Kenya facilitates Tanzania sausages without any charge.
This is really unfair practices where URT is charging import charges to Kenya products despite Kenya being in the EAC Customs union where we transfer products and not import |
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Progress:
|
The 34th RMC noted that the NTB was new. URT reported that they would consult the relevant stakeholders and revert during the 35th RMC |
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NTB-001-112 |
1.2. Government monopoly in export/import |
2023-01-01 |
Uganda: Ministry of Finance |
Kenya |
In process |
View |
|
Complaint:
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Uganda Denial of Market Access to EAC Partner States Under Preferential Treatment by charging full CET of 35% to juices origination from Kenya transferred to Uganda by Bidcoro. |
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Progress:
|
During the RMC held in May 2023, Uganda reported that they would consult on the evidence and revert during the 35th RMC |
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NTB-001-117 |
2.10. Inadequate or unreasonable customs procedures and charges |
2023-05-02 |
South Africa: Maseru Bridge |
Lesotho |
In process |
View |
|
Complaint:
|
We have done trade with Eswatini for 33 years and tried to be fully compliant with SARS, but they keep changing the rules and moving the goal posts. We have paid R709,000-00 in provisional VAT taxes that have not been returned to my Company via our clearing agent, Kayhil Freight. Kayhil Freight says that SARS is not processing the acquittal documents and paying them. I do not know who is telling the truth, but we remain short on cash flow by R709,000-00 despite submitting each acquittal on time and without fault. SARS officials are now insisting on Removal in Bond licenses for us to use our own vehicles to deliver to customers in Eswatini, and as such we are not allowed to cross the border. We have been charged Penalties, despite trying to follow the rules imposed by SARS. Please help us we are desperate. |
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Progress:
|
1. SADC Business Council made follow up with affected company Tripharma which reported that the first aspect of reimbursement for provisional taxes paid is being addressed through their agent Kayhil Transport. However, the issue of how the company could access bond security has not been resolved. On the issue of not being able to transport goods through South Africa, the company provided clarity that the problem is in the delay of issuing of licences for their vehicles. A request for a meeting with SARS was submitted to address both concerns.
2. On 2nd August 2023, South Africa Focal Point reported that all the refunds for Kayhil were paid to them directly in 2021, as Kayhil was a clearing agent for Mr Craig Smith's company. SARS has provided Kayhil with proof of these payments to ensure transparency and accountability.
Concerning the penalty issued to Tripharm/Kayhil, the penalty was issued after a documentary inspection that was conducted at the port entry, Maseru Bridge, on the goods that were in transit from Lesotho to Eswatini. Upon inspection, it was found that Tripharm/Kayhil contravened Section 64D(1) read with 60(1) of the Customs and Excise Act No. 91 of 1964 as amended, as Tripharm did not have a licensed remover of goods. |
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Products:
|
3003.90: Medicaments consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. antibiotics containing hormones or steroids used as hormones, but not containing antibiotics, al |
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NTB-001-118 |
8.7. Costly Road user charges /fees |
2023-05-16 |
Democratic Republic of the Congo: Mitaka, Lualaba province Democratic republic of Congo |
Namibia |
In process |
View |
|
Complaint:
|
DRC authorities in Mutaka, Lualaba province are charging 100 United states dollars for scanning each commercial truck loaded with cargo.
Cumbersome barriers, lengthy procedures have caused unprecedented congestion of hundreds of trucks in Mutaka area.
Truck drivers no sanitation, no wellness facilities, power security. One truck driver died in his truck on the due to Kasumbalesa border. |
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Progress:
|
1. On 22 May 2023, DRC Focal Point reported that the complaint had just been submitted to the competent service (Ministry of Foreign Trade) and that investigations would be undertaken as soon as possible for resolution. |
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NTB-001-120 |
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. |
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Progress:
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1. On 19th June 2023, the Focal Point for DRC advised that the matter will be submitted to the competent authorities in order to find an appropriate solution.
2. COMESA Secretariat facilitated a trilateral meeting held on 21 August between DRC, Malawi and Zambia during which DRC informed the meeting that the scanner and parking fees would be reviewed with the aim to get them scrapped off. DRC would also look into the lengthy and costly processing of documentation by mining houses with a view to improve the processes .
4. Following this meeting the Secretariat wrote to DRC requesting progress on feedback regarding implementation of the agreed actions to resolve the issues raised .
3. During the 3rd meeting of the COMESA NTBs forum held on 20- 22 September 2023 , Zambia reported that DRC had scrapped the scanner fees however , the scrapping of fees for scanner charges could only be considered resolved upon receipt of documentary evidence (Letter from DRC). Zambia reported that they were waiting for official communication from DRC confirming suspension of scanner charges . |
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NTB-001-124 |
2.3. Issues related to the rules of origin |
2023-05-01 |
Tanzania: Namanga |
Kenya |
In process |
View |
|
Complaint:
|
URT denial of preferential Treatment to Motorcycle Accessories exported to TZ by Silverline Accessories LTD in Kenya. URT is charging full CET despite the exported spares having the EAC Certificate of origin confirming that the spares have been manufactured in Kenya and qualify for the EAC preferential treatment. In addition, URT have declined to respond to interventions by the Kenya Revenue Authority and the EAC Secretariat.
We request URT to grant preferential treatment to Motorcycle Accessories exported by Silverline LTD in Kenya and incase URT have any doubts on the origin they should facilitate delivery of the goods and follow the ROO/protocal/EACCMA procedures to verify & ascertain their concerns. |
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NTB-001-125 |
2.8. Lengthy and costly customs clearance procedures |
2023-06-01 |
Democratic Republic of the Congo: |
Malawi |
In process |
View |
|
Complaint:
|
Cross Border truck drivers from Malawi, Zambia and other COMESA Member States face cumbersome procedures of clearing goods and other transit issues at the relevant border post in the Democratic Republic of Congo (DRC). In particular the following is reported:
1. Scanner at Mutaka- Cumbersome payment procedures for the scanner ($100) and forced parking ($30) which has led to congestion for the drivers as well as serious security concerns.
2. Unnecessary stoppages along Kasumbalesa-Kolwezi Corridor causing massive delays.
3. Delayed document processing by Mining houses.
4. Unfair treatment of drivers in an event of accidents, sickness and death. |
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Progress:
|
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). |
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NTB-001-127 |
8.8. Issues related to transit |
2023-07-25 |
Mozambique: Beira Route |
Malawi |
In process |
View |
|
Complaint:
|
Professional Drivers Union in Malawi are concerned with reduced transit limit time to 21hrs by Mozambique - Initially the transit time was 72hrs. This change brings about healthy and safety concern to drivers. Drivers are concerned on road conditions, mechanical faults and time to rest on the road which makes it difficult to meet this newly set time limit. They opt for the 72hrs as it were because this time limit gave an allowance to delays encountered in transit and it was good for safe driving. |
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NTB-001-128 |
2.4. Import licensing |
2023-06-23 |
Zimbabwe: Johannesburg/Pretoria |
South Africa |
In process |
View |
|
Complaint:
|
Reference is made to a resolved complaint with number NTB-000-966, which pertained to a problem with import licensing requirements into Zimbabwe.
The complainant was a Zambian exporter of yeast that was experiencing challenges in obtaining import permits from the Authorities in Zimbabwe, which permits were not issued when requested. This complaint is similar to the problem experienced by Rymco (Pty) Ltd, trading as Anchor Yeast, being hindered in exporting yeast from South Africa to Zimbabwe.
The date of resolution is indicated as 06 April 2023. A status note pertaining to the complaint reads as follows: “During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import license. This NTB was therefore resolved.”
South Africa requests confirmation on whether the lifting of the import licensing requirement on yeast also applies to SADC countries, specifically South Africa. |
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NTB-001-129 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenyan Government |
Egypt |
In process |
View |
|
Complaint:
|
Complain from Eagle Chemicals - Egypt
Subject: Excise duty on imports cancelling the effect of COMESA agreement
TARRIFF BARRIERS UNDER COMESA AGREEMENT (EXCISE DUTY TAX IN KENYA AS A BARRIER)
COMESA AGREEMENT:
Republic of Kenya and Egypt are signatories to COMESA AGREEMENT on removal of tariff (tax) barriers towards FREE TRADE between themselves and among the signatory member countries.
Since the establishment the COMESA AGREEMENT several years ago, the Republic of Kenya and Egypt have enjoyed this free trade environment and trade between the two countries has grown by leaps and bounds (UNTIL JULY 2021)
KENYA----FINANCE ACT 2021----IMPOSITION 10% EXCISE DUTY TAX (TARRIFF BARRIER)
In July 2021 and for the first time ever since signing of COMESA AGREEMENT, the Kenya Government imposed unilaterally and without consultation with COMESA Secretariat or with the Republic of Egypt a 10% Excise Duty (tariff Barrier) on Resins manufactured and exported from Egypt and / imported into Kenya.
This was an act in bad faith noting the mutual relationship between Egypt and Kenya under COMESA AGREEMENT
KENYA---FINANCE ACT 2023----IMPOSITION OF AN ADDITIONAL 10% EXCISE DUTY TAX ON RESINS (TARRIFF BARRIER).
In July 2023, the Kenya Government introduced an additional 10% Excise Duty Tax on resins imported from Egypt bringing total Excise Duty Tax to 20% and this again without consultation with COMESA Secretariat and neither / nor a humble advance notification to Republic of Egypt as a sign of good faith under the mutual COMESA AGREEMENT
KENYA---THE 20% EXCISE DUTY TAX ON RESINS--- PURPORTED PURPOSE
This tax is applying only on all imported resins (from COMESA and from Non-COMESA countries) BUT is not applied on locally manufactured resins.
Consequently, and from a COMESA perspective, this Excise Duty Tax is an IMPORT DUTY TAX camouflaged as a local excise duty tax hidden behind the purported protection of one local commercial resin manufacturer (SYNRESINS) whose capacity is below 15% of Kenya market resin usage / requirement.
AGGRAVATED BAD FAITH AGAINST MUTUAL TRADE AGREEMENT UNDER COMESA.
The above developments are acts in bad Faith by Kenya Government against a friendly free trade partner (Egypt) under the COMESA AGREEMENT.
Please note no other country / signatory to the COMESA AGREEMENT has imposed an excise duty tax on resins from Egypt.
IMPORT DUTY TAX ON RESINS ARE AND REMAIN AT NIL IMPORT DUTY TARRIFF TODATE UNDER COMESA AGREEMENT ON TARRIF BARRIERS TOWARDS FREE TRADE.
Please note IMPORT DUTY TAX on resins from Egypt to Kenya remain at NIL % import duty and is at NIL on imports by other COMESA countries.
Import duty on resins into Kenya from NON-COMESA COUNTRIES is and has always been at 10% since inception of COMESA AGREEMENT
REQUEST
Republic of Egypt has obligation to protect their manufacturers of resins who export to Kenya under COMESA AGREEMENT against such unjustified TARRIFF TAX BARRIERS imposed by Republic of Kenya by requesting their removal for benefit of mutual trade growth both ways.
(Refer Attachments)
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Progress:
|
1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023 |
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Products:
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3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid") |
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NTB-001-134 |
2.6. Additional taxes and other charges |
2023-05-08 |
Kenya: |
Egypt |
New |
View |
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Complaint:
|
The Middle East Glass Manufacturing Company and its subsidiaries: 1) Misr Glass Manufacturing and 2) Middle East Glass Containers in Sadat. Being largest glass container manufacturer in the Middle East & North/East African region located in Egypt. The company has maintained strong business relation with Republic of Kenya over the last decade(s) being key glass supplier for more than 12 years to most of big manufacturing companies (some of them are big multinational companies) with superior track record of commitments in terms of quality standards and satisfying customer demands, continuity of supply, meeting their expectations and needs of glass container.
Egypt is member state of COMESA trade agreement (Common Market for Eastern and Southern Africa), which support enhancing the relation and volume of trade between the company and Kenyan customers. Below table shows the amounts that has been exported to Kenya in the last 5 years:
2019 = US$ 10,325,336
2020 = US$ 10, 929, 362
2021 = US$ 8, 122, 525
2022 = US$ 8, 848, 972
2023 = US$ 7,322,062
Starting March 2020, Kenya has applied Extra Excise of 25% on all imported glass bottles (excluding pharmaceutical glass bottles) – copy attached - which limit the advantage given to all COMESA countries. This law has been already appealed by other glass container manufacturer in Tanzania and they successfully were able to remove it.
In addition, Starting September 2023, Excise duty applied on imported glass bottles has been increased to be 35% instead of 25% with no clear reason or justification. This additional duty applies by the Finance Act No. 4 of 2023 – copy attached - has prevented Middle East Glass from its fair competition against other glass manufacturers in the region and also against the agreement of COMESA.
We believe the main reason behind all these amendments is to support the local producer Milly Glass Works Ltd. Address: Liwatoni Road, Mvita, Road, Mombasa, Kenya, Near the Mombasa Yacht Club.
Hence, we seek support to waive all the glass exported from Egypt to Kenya from implementation of the excessive Excise Duties similar to the case of Tanzania case. |
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NTB-001-136 |
2.6. Additional taxes and other charges |
2023-10-03 |
Tanzania: TRA |
Kenya |
Complaint registered with REC |
View |
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Complaint:
|
URT Denial of preferential Market Access for Kibo Motorcycle transferred from Kenya into URT. URT is instead demanding for full CET instead of granting the preferential treatment as the motorcycle has been accompanied with the certificates of Origin. We urge URT to grant preferential treatment to Kenya manufactured motor cycles. |
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NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
In process |
View |
|
Complaint:
|
Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya
The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda. |
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Progress:
|
1. In November 2023, Rwanda Focal Point reported that they were consulting relevant institutions on this specific case, and would provide feedback soon
2. On 20 March 2024, Rwanda Focal Point provided following feedback :
According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectionaries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn |
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NTB-001-141 |
5.5. Import licensing requirements |
2023-08-15 |
|
Uganda |
In process |
View |
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Complaint:
|
SOUTH SUDAN IS IMPOSING EXTRA LICENSING REQUIREMENTS ON IMPORTS.
On August 15, 2023, the South Sudan government, represented by the South Sudan National Bureau of Standards, issued a memo affecting importers in the country. The memo stipulates that all food items imported into South Sudan must be accompanied by a Certificate of Conformity (CoC), which includes an attached Certificate of Analysis from a reputable laboratory. This new requirement has several implications like Extended Process Duration, Business Impediments among others. |
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NTB-001-143 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory |
2023-09-22 |
Kenya: Namanga |
Tanzania |
In process |
View |
|
Complaint:
|
The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.
The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.
Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.
The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.
Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.
Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania |
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NTB-001-144 |
2.13. Issues related to Pre-Shipment Inspections |
2023-11-10 |
South Africa: Durban sea Port |
Lesotho |
New |
View |
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Complaint:
|
The Release Documents is 7 days prior to vessel arrival because of cargo dues and upon receiving Arrival Notice. The EDI document was sent for release on the 9th of November 2023 the query came in on the 10th of November 2023, and normally it would be released in less than 6 hours but up to date it hasn't been released. We need the import urgently to be released in order to avoid any delays with our Export Orders. |
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Products:
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6006.32: Dyed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long and 6006.34: Printed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "lo |
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NTB-001-146 |
2.8. Lengthy and costly customs clearance procedures |
2023-11-01 |
Mozambique: Maputo Port |
Zimbabwe |
In process |
View |
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Complaint:
|
Our Company , Blackwood Hodge Zimbabwe , (PVT. LTD) have been importing Vehicles using Maputo Port and never had challenges with customs since all paper work and documentation is always in order .We are the official distributors of Tata Motors commercial Vehicles here in Zimbabwe. We are a registered company here in Zimbabwe since 2007 and Trading as Blackwood Hodge Zimbabwe limited.
As per our supplier Invoice number 750966093 and BL number MOLU18005431182 DT. 30.09.2023 for one Unit LP 909 40-Seater Bus with Chassis number MAT382042P8R10426 was dispatched from Mumbai port, India via Vessel Eternal Ace to Maputo Port. The Vessel was docked on date- and all the Relevant procedures were done by our representative Payflex Trading Lda RUA ROMAO FERNANDES FARINHA NO:75 1ST FLOOR SUITE NR. 8ALTO MAE B. MAPUTO MOZAMBIQUE NUIT: 400379394 GIVEMORE GURI MOB 879304844 / 849304844.
We are writing to report serious challenges we are facing from the office of the Customs Director, Southern Region Director (DRS) which authorises the release of the bus.
Our bus is now being held by Customs at Maputo port, in our view, without any valid reasons and now we might be facing legal action for fraud from our customer who placed an order for bus and paid us 50% deposit as well. Pls note this bus is for Ministry of Education of Zimbabwe -Bulawayo Polytechnic.
The customs office has been holding on to the clearing process for over 3 weeks and is not communicating the reasons for the delays to us the importer . Our bus belongs to Bulawayo Polytechnic (which is under ministry of Education here in Zimbabwe) and all documents are in order. This incident has caused our Business a Loss of sale as well as hampered our reputation in the market. Also, we should note that this bus was one of the first buses we were to supply to Ministry of Education in Zimbabwe. Unfortunately, the Director has refused to release our in-transit cargo to Zimbabwe.
we have attached documentary evidence and report from our Maputo Agents explaining what transpired in detail for your urgent / immediate actions.’ |
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Progress:
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On 5th December 2023, the SADC NTB unit submitted following report from the Directorate of Customs ,Mozambique :
Through Customs Broker Florentina Virgilio Alberto Zunguze, a customs transit declaration was submitted with no. 23362286972, together with a Delivery Order with no. 23/346, dated October 25, 2023, passed by Manica Freight Services Moç a favor of Blackwood Hodge (Zimbabwe) PVT Ltd; a provisional License with no. 05 through which the Maritime Transport Institute authorizes Payflex Trading Lda to carry out the activity of Freight Agency in International Transit; a commercial invoice with no. 750966093, dated 30.09.2023, in favor of Blackwood Hodge (Zimbabwe) PVT Lda and B/l with no. MOLU18005431182.
By Law
The customs transit of goods in Mozambique is supported, among other legal provisions, by the Customs Clearance Regulation of Goods approved by Ministerial Diploma no. 51/2019, of 24 May and the Customs Transit Regulation approved by Ministerial Diploma no. 116 /2013, of August 8, as highlighted by Service Order No. 06/AT/DGA/410/2021, of February 24, a copy of which is attached.
From our appreciation
The confusion created by the Forwarder with the connivance of the Shipping Agent immediately becomes apparent, taking into account that the same merchandise has as a party to notify two different people, in this case Blackwood Hodge (Zimbabwe) PVT Lda, according to the notice of arrival and Payflex Trading Lda, according to the B/L;
Another aspect worth highlighting is the fact that there are forged documents, with the sole aim of guaranteeing benefits within the scope of the traffic regulations, since strictly speaking, the B/L must be issued in accordance with the data contained in the manifest of cargo delivered by the ship's captain in view of the tax entry, therefore, changes made by the shipping agent are not permitted, as is the case in this case;
On the SeW platform, the declaration was rejected due to this procedure being considered incorrect and, to a certain extent, criminal, if any malicious intent is proven in the change made by Manica Freight Services Mozambique |
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NTB-001-148 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-23 |
South Africa: Durban sea Port |
Lesotho |
In process |
View |
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Complaint:
|
Pls kindly see below containers that are to be stopped by SARS.
1. MSKU0755208(Case No.: 480816390), vessel will berth on 27/11
2. MRKU3124436(Case No.: 480819630), vessel will berth on 27/11
3. NYKU4442550(Case No.: 480020360), vessel will berth on 3/12
4. BSIU9818016 (Case No.: 480069900),vessel will berth on 3/12
As you know all vessels delayed so long more than 1 month. Our productions are waiting for the materials. We urgently need all the materials for the garments of export. Pls urgently help to release all these containers.
Highly appreciated |
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Progress:
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1. On 29th November 2023, South Africa Focal Point reported that the NTB is still been considered by SARS office. SARS will provide feedback when the investigation is completed. |
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Products:
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6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted |
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NTB-001-150 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-12 |
Lesotho: DURBAN PORT |
South Africa |
New |
View |
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Complaint:
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THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME |
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