| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-226 |
1.1. Export subsidies |
2024-11-20 |
Lesotho: Maseru Bridge |
Lesotho |
New |
View |
|
Complaint:
|
Samples being sent by road-freight to South Africa for testing at an accredited laboratory were refused passage.
Company was informed that the only way to send the samples for testing was to send via air. The challenges are that bulk orders do not fit on an Airlink flight and therefore would require a specific mode of chartered transport .This increases costs significantly and could potentially be the cause that orders are cancelled |
|
|
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)
|
|
|
Progress:
|
1. During the 3rd meeting of the COMESA NTBs Regional Forum , Kenya Focal point reported that they had contacted relevant authority and will provide feedback in the online system . Egypt requested that the bilateral meeting to consider this and other NTBs be schedule at the time Kenya would have completed their internal consultations .
2.Following the 3rd Regional COMESA NTB meeting and the 8th Meeting of Trade and Trade facilitation Sub Committee, Kenya was requested to provide feed back on NTB-001-129 on excise applied to products, 3905.19: Homopolymers 3903.20: Emulsion - Styrene Acrylic3905.91: Emulsion VAM 3907.50: Alkyd and3907.91: Unsaturated Polyester , It was proposed that Kenya and Egypt to hold a bilateral Meeting virtual with support of the Secretariat on 10th November 2023.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution. Kenya to update the status report on outstanding NTBs with Egypt on the online reporting system by 26th April 2024.
4. On 18 June 2024, Kenya Focal Point reported that the Kenyan parliament was reviewing the Finance Bill 2024, with the intention of revising certain clauses as deemed necessary. Consequently, they were awaiting the enactment of the Finance Bill 2024 to determine whether there will be amendments to the specified non-tariff barriers (NTBs).
5. On 9 September 2024, Egypt and Kenya held a bilateral meeting on the outstanding NTBs emanating from the enactment of Kenya’s Finance Acts of 2021 and 2023. The two Member States agreed on the following:
a) The additional taxes are NTBs as its application is discriminatory as they only apply on imports and not domestically produced products.
b) Kenya to continue with her internal consultations with relevant policymakers and to follow up on the progress of resolving the NTBs, as requested by the Egyptian delegation.
c) The meeting agreed that the NTBs are policy issues and can be best addressed by the Joint Trade Commission (JTC) meeting, which is a higher level that is able to take decisions on this NTB and other trade related issues.
d) Both Kenya and Egypt continue with internal consultations with relevant stakeholders in preparation for the upcoming JTC meeting.
6. 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. |
|
|
Products:
|
3903.20: Styrene-acrylonitrile copolymers "SAN", in primary forms, 3905.19: Poly"vinyl acetate", in primary forms (excl. in aqueous dispersion), 3905.91: Copolymers of vinyl, in primary forms (excl. vinyl chloride-vinyl acetate copolymers and other vinyl chloride copolymers, and vinyl acetate copolymers), 3906.90: Acrylic polymers, in primary forms (excl. poly"methyl methacrylate"), 3907.50: Alkyd resins, in primary forms and 3907.91: Unsaturated polyallyl esters and other polyesters, in primary forms (excl. polycarbonates, alkyd resins, poly"ethylene terephthalate" and poly"lactic acid") |
|
|
NTB-000-957 |
5.8. Embargoes |
2020-05-13 |
Kenya: Mombasa sea port |
South Africa |
New |
View |
|
Complaint:
|
Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.
With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.
The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.
I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?
Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.
I also would like to bring to your attention the following implication for South African wine exported to Kenya.
1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products
I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
|
|
|
Products:
|
2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09. |
|
|
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-001-031 |
2.6. Additional taxes and other charges |
2021-06-30 |
Kenya: Kenya Revenue Authority |
Egypt |
In process |
View |
|
Complaint:
|
The Kenyan Government, through the Finance Act 2021, introduced a new Excise Duty on imported pasta of tariff 1902 whether cooked or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared, at
the rate of 20%. This Excise Duty is to be levied at the point of importation and is effective from 1st July 2021.
• Excise Duty is a tax imposed on goods and services manufactured in Kenya or imported into Kenya and specified in the first schedule of the Excise Duty Act (2015). This is usually considered on luxury products such as Alcohol, Fuel, Chocolates, Airtime, etc…
• Excise Duty is different from Customs Duty (imposition of tax on imports to protect local industries) Imposition of this new Excise Duty came as a surprise to us since it was not part of the Finance Bill 2021 that had been tabled before the Kenyan Parliament and was only introduced as a new amendment to the Bill on 24 June 2021 at the second reading stage, in Parliament.
• The Kenyan Constitution as well as the Public Finance Management Act requires that the Kenyan Government to call for public participation on the Finance Bill before amendment of tax laws through the enactment of the Finance Act. Unfortunately, this was not done in this case since the amendment introducing the Excise Duty was done way after public participation on the Bill had taken place. |
|
|
Progress:
|
1. On 8th August 2023, Kenya Focal Point reported that the finance bill of 2023 undergone through the public participation and through the Parliament and that Excise duty on Pasta is not discriminatory as per section 43 (iv) that underwent through parliament process and public participation process.
2. During the 3rd Meeting of the NTBs Forum, Egypt reported that the excise duty on pasta , although it was not applied indiscriminately, affected trade as the rate was very high . The meeting therefore agreed that the NTB be reinstated . Kenya responded that duty on pasta is not discriminatory therefore resolved in the system . Kenya to submit proof that excise duty is imposed on both locally and imported goods. It was agreed that Kenya to arrange bilateral meeting with Egypt to address the issues raised by Egypt.
3. During the NTBs workshop 17th - 19th April 2024, the two countries agreed to hold a bilateral meeting on this issue. Egypt has formally submitted a Note Verbal to the Kenya NFPs. The Note Verbal has since been submitted to higher authority as the NTBs involves a policy issue and requires long-term for its resolution.
4. Following the agreement by the Member States to conduct national consultations and explore the the opportunity for the inclusion of the NTB on the Joint Trade Committee (JTC) agenda, the Secretariat to facilitate a bilateral meeting between the two Member States to provide updates on the NTB by October 2025. |
|
|
NTB-001-165 |
6.2. Administrative fees |
2024-03-01 |
Kenya: Kajiado |
Burundi |
New |
View |
|
Complaint:
|
Namanga/Kajiado Country charges 2,000Ksh for all Burundi cargo trucks transition Kenya |
|
|
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-001-209 |
2.9. Issues related to transit fees |
2024-10-13 |
Kenya: Ministry of Forestry and Wildlife |
Uganda |
In process |
View |
|
Complaint:
|
Additional fees are charged on timber in transit.
Kenya charges Ksh 48000 on transit vehicles carrying forest and timber products from Uganda that transit through Kenya to destinations outside the EAC. Transit vehicles are charged fees for a transit license in addition to payment of road user fees. The timber products are extracted from forests in Uganda and not Kenya. This additional fee is wrongly charged and causes additional costs to trade in forest products from Uganda. |
|
|
Progress:
|
1. During the RMC of 17th October 2024, the Republic of Kenya committed to consult and revert during the 38th RMC.
2.The Senior Officials were informed that the Republic of Kenya is in consultation with Forestry Services to address the matter and will report back by the 46th SCTIFI.
3.During the Senior Officials Session, Kenya reported that:
This is a consolidated charge for movement permits for timber on transit for 18 trucks.
The fees and charges are contained in the Fourth Schedule of Legal Notice No. 21 of 2016 (item 9) as follows:
Movement permit per consignment- 2000
VAT 16% 320
E citizen fee 50
Total 2370
The movement permits are meant to provide control, traceability as well as monitoring the movement of forest products till they reach the required destination. |
|
|
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-001-225 |
5.3. Export taxes |
2024-12-28 |
Kenya: Malaba |
Uganda |
In process |
View |
|
Complaint:
|
The Kenyan government has violated the East African Community trade agreement and has begun to impose consumption taxes on products from other East African Community countries. |
|
|
Progress:
|
During the 46TH SCTIFI Kenya reported that There are ongoing consultations to resolve this issue in the financial year 2025/26 |
|
|
NTB-001-239 |
6.6. Border taxes
Policy/Regulatory |
2024-03-01 |
Kenya: KAJIADO COUNTY |
Burundi |
In process |
View |
|
Complaint:
|
THE COUNTY OF KAJIADO CHARGES TRANSIT FEES OF 2000 KSH PER FOREIGN TRANSIT TRUCKS |
|
|
Progress:
|
Kenya informed the SCTIFI that the Amendments to be effected in the 2025 / 2026 Financial year by 1st July 2025 |
|
|
NTB-001-242 |
6.5. Variable levies |
2024-12-27 |
Kenya: Ministry of Finance |
Tanzania |
In process |
View |
|
Complaint:
|
Through, the Tax Laws (Amendment) Act, 2024 of Kenya passed on 11 December 2024 and came into force on 27 December 2024, the Government of Kenya, among other things, introduced excise duty on various products such as marble, transformers, float glass, coal imported from outside Kenya including East African Community countries. Also, has increased the valuation rates in calculating tax on tiles when they are sold in the country. These challenges have affected production due to the decline in the market for the products in Kenya caused by competition after the prices of the products in question became high |
|
|
Progress:
|
1.On excise duty charged on originating goods from Tanzania, Kenya was urged to refrain from enacting discriminatory laws that treat EAC originating goods as imports. The RMC was informed by Kenya that, through the Supplementary Legal Notice, excise duty was removed from Glass and Transformer. Kenya provided the supplementary gazette removing the two products.
(b) On valuation rates on tiles from Tanzania and Uganda when they are sold in the country as per the complaint from Tanzania below, entries as evidence on valuation adjustments examined showed adjustments as noted in the Internal KRA Memo on valuation for tiles from Uganda & Tanzania. The meeting noted that valuation of goods is administrative and operational, hence the valuation matter be referred to the Sectoral Committee on Customs for Commissioners (SCOC) to consider and resolve. The EAC guided that Valuation in EAC is guided by Section 122 and Fourth Schedule of the EAC CMA.
The 38th RMC meeting referred the NTB on valuation to SCOC for consideration and resolution and report back to the next RMC |
|
|
NTB-001-243 |
2.4. Import licensing
Policy/Regulatory |
2025-04-16 |
Kenya: Busia |
Uganda |
In process |
View |
|
Complaint:
|
Kenya charges a discriminatory excise duty of 10% on fish transferred from Uganda, but does not charge excise duty on fish in Kenya. This means fish transferred from Uganda is being treated as an import, which is against the CUP. Kenya also charges an additional 5% levy on fish. |
|
|
Progress:
|
The Republic of Uganda submitted that the Law refers to imported Fish, but Kenya is charging Uganda for transfers. During the 46TH SCTIFI Kenya reported that there are ongoing consultations to resolve this issue in the next financial year. |
|
|
NTB-001-249 |
6.5. Variable levies |
2025-02-04 |
Kenya: KRA |
Uganda |
In process |
View |
|
Complaint:
|
Excise duty being charged on onions, potatoes, potato crisps and potato chips transferred from Uganda to Kenya.
This means they are being treated as imports. This was effective 1st July 2022, at a rate of 25% imposed against the EAC CUP.
Kenya is requested to consider removing the excise duty with immediate effect |
|
|
Progress:
|
During the RMC, Uganda submitted that the Law refers to imports, but Kenya is charging Uganda for transfers.
Uganda requested that Kenya to adhere to the definition of imports as per the EAC Laws and stop charging Uganda transfers. The NTB is to be resolved in the financial year 2025/2026. |
|
|
NTB-001-268 |
6.2. Administrative fees |
2025-03-13 |
Kenya: Busia |
Uganda |
In process |
View |
|
Complaint:
|
The EAC Simplified certificate of origin is issued to cross-border traders at a fee charged for a photocopy (10 KES) without giving a receipt. This is to request the Regional Monitoring Committee (RMC) to urge Partner States to issue EAC Simplified Certificates of Origin free of charge to small-scale cross-border traders. |
|
|
NTB-001-269 |
6.2. Administrative fees |
2025-06-12 |
Kenya: |
Tanzania |
New |
View |
|
Complaint:
|
Cross-border traders trading under the EAC simplified trade regime apply for the port health inspection certificate. The cost for the port health inspection certificate is Ksh. 500 (USD 5) per vehicle entering TAVETA. The certificate is issued, but no receipt is provided.
We request the EAC Regional Monitoring Committee to urge EAC partner states to waive this fee or have a transparent payment method with charges displayed for cross-border traders of cereals and horticulture trading under the EAC simplified trade regime at all OSBPs. |
|
|
NTB-001-270 |
2.8. Lengthy and costly customs clearance procedures |
2025-06-09 |
Kenya: |
Tanzania |
New |
View |
|
Complaint:
|
EABC undertook a practical case study on trading cereals and horticulture products under the EAC Simplified Trade Regime.
Findings on Trading Consignments of Horticulture under the EAC Simplified Trade Regime at the Holili/Taveta One Stop Border Post (OSBP) from Tanzania to Kenya is as below
1) Procedural Complexity: The 11-step process spans multiple agencies, including the Ministry of Agriculture, Atomic Commission Agency (i.e., TAEC and KNRA), KEPHIS, TPHPA, Port Health, Police, AFA, KRA, and Customs Authorities, contradicting the STR’s promise of streamlined trade. Each step adds time and administrative hurdles.
2)High Costs: Cumulative fees and taxes disproportionately erode profits for small consignments. For example, exporting 1,000 kg of onions incurs of the USD 2,000 threshold. This financial burden negates the STR’s duty-free benefit. approximately USD 682 in inspection fees, excise duties, and road tolls—approximately one-third
3)Redundant Certifications: Phytosanitary requirements overlap unnecessarily. Tanzania’s TPHPA issues a certificate, yet Kenya’s KEPHIS demands its own inspection and certification, duplicating efforts and costs. This is coupled with the requirement for a Radiation certificate for goods traded in EAC.
4)Transparency Gaps: Cash payments for inspections (e.g., police fees of Kshs. 200–500, Port Health’s Kshs. 500) often lack receipts, exposing traders to potential exploitation and undermining accountability.
5)Cross border traders are afraid to report NTB reporting due to risk of retaliation: NTB reporting requires the reporter to submit evidence of the NTB/complaint) with women and youth Small Cross border traders expressing fear of retaliation from regulators as their personal information will be shared when they submit evidence of the complaint.. |
|
|
NTB-001-272 |
2.6. Additional taxes and other charges |
2025-07-08 |
Kenya: Kenya Revenue Authority (KRA) |
Uganda |
New |
View |
|
Complaint:
|
Kenya has introduced a 25% excise duty on Aluminium products falling under chapter 76 of the Harmonized System, as stipulated in its financial Act of 2025.This measure is in contravention o the East African Community (EAC) Common Market Protocol, which seeks to promote the free movement of goods among member states. The imposition of this duty not only disrupts intra- regional trade and delays business operations but also undermines the spirit of regional and economical cooperation within the EAC. |
|
|
NTB-001-292 |
2.6. Additional taxes and other charges |
2025-07-01 |
Kenya: Mombasa sea port |
Egypt |
New |
View |
|
Complaint:
|
It has been revealed that Kenya imposed a new duty called “Export and Investment Promotion Levy” as of the beginning of July 2025 on several imports, including some steel products on which duties were imposed at a value of 17.5% of the customs value on all exporting countries without exception for customs items 7213 and 7214, even if they were from partner countries such as Egypt, which The COMESA privileges are effectively emptied of their content on the ground upon application and actually lead to raising the total cost of the Egyptian product and undermining the customs exemption privilege granted under the agreement. (Attached is the relevant document, which was issued on June 27, 2025)
These fees come under names such as “market regulation fees” or “infrastructure development fees,” and are used as an indirect tool to limit the price competitiveness of Egyptian products, which practically means that the Egyptian product has begun to incur the same financial burdens imposed on imports from China, Turkey, and others.
It should be noted that Egypt's exports of rebar and iron coils to Kenya during the first half of 2025 amounted to approximately 60 thousand tons, according to data from the General Authority for Export and Import Control, which reflects the importance of the Kenyan market as one of the vital African markets, and highlights the direct impact of these duties on the movement of Egyptian exports.
These measures represent a direct threat to the ability of Egyptian exports to competitively access the markets of member states, and also weaken the effectiveness of the regional agreements that Egypt is striving to activate in order to support intra-trade on the African continent, at the heart of which is the COMESA Agreement.
Accordingly, the relevant authorities in Kenya, to ensure adherence to the signed commitments, and to safeguard the rights of Egypt and its exporters under the agreement |
|
|
NTB-001-299 |
Congested Empty container Depots |
2025-09-01 |
Kenya: Mombasa sea port |
EAC |
New |
View |
|
Complaint:
|
The Kenya Transporters Association (KTA) reports a critical and ongoing operational barrier at the Port of Mombasa: the systemic failure of shipping lines to repatriate empty containers, leading to severe congestion at their nominated Empty Container Depots (ECDs). As the legal owners of these containers, shipping lines are responsible for ensuring their designated depots can receive them. However, these facilities are now operating beyond capacity and are routinely turning away trucks, creating a landside bottleneck that paralyzes the logistics chain and nullifies the port's efficiency.
This failure has triggered a devastating cascade of consequences. Transporters' trucks and drivers are physically immobilized for days, unable to offload containers and redeploy for new cargo. This directly results in massive financial losses from lost revenue, skyrocketing operational costs (fuel, wages, parking), and the unjust threat of demurrage charges from the very shipping lines causing the delays. The immobilization of a significant portion of the trucking fleet disrupts national supply chains, harms the environment through unnecessary pollution from idling vehicles, and threatens the viability of transport businesses.
KTA places the responsibility for this crisis unequivocally on the shipping lines. Their failure stems from a fundamental neglect of their asset management and logistical duties, including the inadequate evacuation of containers and the poor management of their contracted depot infrastructure. This operational failure is now being unfairly transferred to transporters in the form of financial losses and penalties, a cost-shifting practice that is unacceptable and must be rectified immediately by the responsible parties. |
|
|
Products:
|
9801.00.45: - For motor vehicles for the transport of goods of heading 87.04, of a vehicle mass exceeding 2 000 kg or a G.V.M. exceeding 3 500 kg, or of a mass exceeding 1 600 kg and of a G.V.M. exceeding 3 500 kg per chassis fitted with a cab (excluding shuttle cars |
|
English
Français
