Non-Tariff Barriers

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

Kenya  

Country specific trade issue

No  

Date of incident

2022-06-30  

Status

New  

Product Description

Confectionary, sugar and sugar products

Computer-assisted translation

• French
• Portuguese

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Total value

0  

Date reported

2022-08-17 16:48  

Modified

2022-08-17 16:48