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


 
Total value
0  
Date reported
2022-08-17 16:48  
Modified
2022-08-17 16:48