Complaint
- Complaint number
-
NTB-001-070
- NTB Type
-
1.7. Discriminatory or flawed government procurement policies
- Complaint
-
URT charging Kenya an import discriminatory Excise Duty introduced vide URT Finance Act 2022. Additionally, some consignments are discriminatively subjected to Tsh.1000/kg not anywhere in the URT Finance Act 2022. The same excise duty is not applicable to the same or like products produced in URT hence creating unfair competition between the Partners States Originating products.
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States.
Section 2 of the East African Community Customs Management Act, 2004 defines import as to bring or cause to be brought into the Partner States from a foreign country, and export as to take or cause to be taken out of Partner States. Accordingly, Article 8 of the Treaty for Establishment of East African Community, EAC Community Laws take precedence over similar national laws on matters pertaining to the implementation of the Treaty
- Progress update note
-
- Policy or regulatory NTB
- No
- Location
-
Tanzania: Namanga (Government institution)
- Reporting Country or Region
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Kenya
- Country specific trade issue
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No
- Date of incident
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2022-06-30
- Status
-
New
- Product Description
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Confectionary, sugar and sugar products
- Total value
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0
- Date reported
-
2022-08-17 16:48
- Modified
-
2022-08-17 16:48
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