Resolved complaints

Showing items 1 to 20 of 757
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region
COMESA
EAC
SADC
Status Actions
NTB-001-061 2.6. Additional taxes and other charges
Policy/Regulatory
2021-12-28 Uganda Resolved
2022-06-14
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Complaint: Republic of South Sudan is imposing a digital border security Control Tag of 100 USD and a control fee of 30 USD at every entry or exit.  
Resolution status note: On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that the order was revoked and hence the NTB was resolved.  
NTB-001-060 1.8. Import bans
Policy/Regulatory
2022-02-16 Uganda Resolved
2022-06-14
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Complaint: Prohibition of Sale of alcohol packed in 200ml containers and confiscation of products by CID and Local government Authorities.This is affecting only imported beverages.No Communication has been received on change of regulatory framework governing packaging of alcoholic drinks.  
Resolution status note: On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that Uganda banned sachet-packed alcohol.
RSS informed the meeting that this was not an NTB but a health issue. The meeting therefore agreed that the NTB should be resolved in the TBP
 
NTB-001-047 8.8. Issues related to transit 2021-12-01 Kenya: Mombasa sea port Resolved
2022-06-14
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Complaint: On 4th December Juba Trades Union reported challenges in clearing their consignment at Mombasa Port due to new regulations, which is not clear to them at the time they getting their goods for the holiday season, the complain of challenges with the new introduce system including the payment which is not clearly justified or oriented to the stakeholders, clearing process at Mombasa come to stop and goods stop flowing to Nimule border of South Sudan, South Sudan National Chamber of Commerce reported the concern to the Ministry of Trade and Industry indicating the impact of the measure on the market prices and lack of goods if no action is taken considering its a holiday season. traders are losing by been charge demurrages at port and arrival of the goods after the season. The Ministry of trade took action by canceling the Certificate of Destination to allow the flow of goods to the county, However the action was not honored by the RSS Customs office in Mombasa, reported by Kenya International Freight & Warehousing Association (KIFWA), National Chamber did meet with the RSS Minister of Finance to look at the matter and he promise to communicate to the Revenue Authority since he is not aware of the new regulation and the charges imposed. With the mounting pressure from the stakeholders National Revenue Authority send a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted and the Minister of trade order is to be honored as per NRA letter, lastly on 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50 Charges not those mention on the Certificate of Destination Chagres below:-
1- 40ft Container $400
2- 20ft Container $365
3- Vehicle 4x4 $365
4- Regular Vehicle $300
5- All UN Consignment $365
6- Loose cargo $250

The main challenge traders have face is lack of coordination between different institutions and the partner states when introducing new regulations or policies, this current measure is not official resolved by Customs Division of NRA. we hope Kenya and South Sudan should address it to assure its traders they are on regional integration and the free movement of goods and people are a true. Engagement of stakeholders is a key in success of any measure introduce by the government
 
Resolution status note: On 14 June 2022, the Secretariat reported that the framework under the Single Customs Territory (SCT), but also One-Stop Border Post (OSBP) manual has the provisions that allow the deployment of Customs Officers.
The National Revenue Authority sent a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted. On 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50. The two Partner States agreed to handle the matter administratively and should be resolved from the TBP
 
NTB-001-046 8.8. Issues related to transit 2021-12-03 Uganda: Malaba Resolved
2022-06-14
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Complaint: On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that charges are collected by the private company "Sunco Ltd." at the Malaba Uganda border
The two Partner States agreed to handle the matter administratively and is resolved.
 
NTB-001-045 2021-11-22 Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. Resolved
2022-06-14
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Complaint: The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union.  
Resolution status note: On 14 June 2022, the EAC Secretariat reported that the ban was lifted as a result of the Bilateral meeting of the two Partner States in December 2021.
So, the matter is resolved
 
NTB-001-044 1.15. Other 2021-12-03 Uganda: Malaba Kenya Resolved
2022-06-14
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Complaint: Uganda Revenue Authority has introduced a mandatory requirement for import certificate for export and transit cargo to DRC and South Sudan.

This requirement is causing delays to transit cargo to Congo and Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf. This negatively affects export business.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that this requirement is causing delays to transit cargo to Congo and South Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf.
The SCTIFI meeting was informed that this was upon the request of RSS and DRC and was later recalled. Hence the NTB is resolved.
 
NTB-001-042 2.6. Additional taxes and other charges 2021-12-13 Uganda: Malaba Kenya Resolved
2022-05-05
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Complaint: Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber  
Resolution status note: Uganda Focal Point advised that this assessment was done before full declaration. The consignment wasn't charged all the indicated taxes after submission of relevant origin documents as in the attachment posted in the system.  
Products: 6402.99: Footwear with outer soles and uppers of rubber or plastics (excl. covering the ankle or with upper straps or thongs assembled to the sole by means of plugs, waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy footwear)  
NTB-001-041 3. Technical barriers to trade (TBT)
B6: Product identity requirement
2021-11-04 South Africa: Beit Bridge Zimbabwe Resolved
2021-11-22
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Complaint: South Africa Port Health officials demanding an extended description on one of our products. The product is a sweet type described as Apricots on both packaging and invoice but the officials want us to have the packaging written Apricots sweets. We have been exporting the sweet to South Africa for more than 5 years.  
Resolution status note: The company had been allowed to export its consignment to South Africa after removing prohibited products. The NTB was resolved are following required procedures  
Products: 2008.50: Apricots, prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit (excl. preserved with sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit purée and pastes, obtained by cooking)  
NTB-001-038 6.5. Variable levies 2021-10-10 Tanzania: Tanzania Revenue Authority Kenya Resolved
2022-06-14
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Complaint: Tanzania is charging FULL CET, RDL among other levies on Kenyan wholly produced cement despite the Verification Report recommending that products qualify should be accorded preferential treatment

Additionally, despite URT commitment in the Bilateral and SCTIFI that URT grants preferential treatment to wholly produced cement as required by the EAC rules of Origin, URT is still charging duties of 35%. This is despite Tanzania not being under any stay of application.

Kenya urges Tanzania to accord preferential treatment to Kenya wholly produced cement as per the verification findings and recommendation and URT commitment on facilitation of trade.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that a verification mission was conducted and recommended that the products qualified should be accorded preferential treatment.
Additionally, URT committed in the Bilateral and SCTIFI to grant preferential treatment to the wholly produced cement as required by the EAC Rules of Origin.
The NTB is resolved
 
NTB-001-033 1.8. Import bans 2018-08-01 Tanzania: Tanzania Ministry of Livestock Development and Fisheries Kenya Resolved
2021-10-14
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Complaint: Tanzania denial of Permission for importation of Turkey meat into Tanzania and instead decline approval of permit and ask local distributors to source it locally in Tanzania.  
Resolution status note: Transfer of meat and meat products to Tanzania is allowed, reference is made to the importation permit issued on 24th August, 2021 (Which is attached by the importer). Also, The Animal and Animal products Movement Regulations, GN 489 published on 29th June, 2020 does not prohibit transfer of turkey meat to Tanzania. There is no evidence attached by importer to show that turkey meat from Kenya was denied market in Tanzania. Hence this is not an NTB.  
NTB-001-027 2.2. Arbitrary customs classification 2021-07-26 Madagascar: Toamasina Port à gestion autonome ( sea port) Resolved
2021-10-04
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Complaint: Dear All,

Shipment of 3 Shipment Ex port-Louis - Toamasina

B/L 912715161 (3 isotanks) et 912706516 (2 isotanks) ETD Port-Louis 21/7/2021 ETA Toamasina 26/7/2021

B/L 912756116 31/07/2021 ETD 31/07/2021 ETA Toamasina 05/08/2021

For B/L 912715161 et 912706516- After all the proper import procedures were made. Goods were delivered to our client premises. Customs requested for another product testing and a minutes was signed between customs and my client (Sama)

FYI, kindly note that for all product of this kind a product sample is provided to the ministry of health for a certificate of conformity. Same was received for both shipments.

Despite all the export and import procedures were followed scrupuciously and in good faith. To-date our client has not received any notification regarding the product testing and its results. The goods are in our client premises but cannot be used as long as clearance is not obtained from customs. All the queries made by our client to the customs has been unfruitful.

B/L 912756116 - Those isotanks are blocked in the port. No clearance will be received as long previous shipment has not received clearance form customs. All the storages incurred will be on the behalf of our client.

This situation is severely jeopardising our client activities given they are almost out of stock. On our side, we have not received any payment from our client given that there is no visibility about this customs issue.

We hope the above will help and remain at your disposal for any further info you may require.

Very best regards

JEAN FRANCOIS DESVEAUX
MANAGING DIRECTOR
Ground Floor2
Hi Tech Center
Coastal Road
Pointe Aux Sables
Mauritius
Office: +230 235 02 69
Mobile:+230 5 254 70 20
E-mail: jeanfrancoisd@skvaint.com
Website: www.skvaint.com
 
Resolution status note: The Malagasy Customs Attache based in Mauritius facilitated the exchange of information with the Malagasy Customs and the issue was resolved. All containers have been cleared as confirmed by the exporter on 4th October 2021. The issue is resolved.  
Products: 3808.94.9: --- Other:  
NTB-001-020 1.11. Occupational safety and health regulation
Policy/Regulatory
2021-06-14 Democratic Republic of the Congo: Kasumbalesa Zambia Resolved
2021-06-19
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Complaint: It has been reported that the DRC Health Department has implemented a mandatory COVID testing fee of US$45 per driver disregarding any other COVID certificates issued by Member States . This has led to Drivers from various countries parking their trucks and not crossing into DRC because they would like the DRC Government to reverse the directive on mandatory COVID19 test at a fee of $45. Currently, there is no traffic movement at Kasumbalesa.

This has disrupted the movement of goods and people between the two countries. We therefore request the relevant officials to resolve this matter.

Reporting on behalf of Truck Drivers
 
Resolution status note: On 19th June , 2021 Zambia Focal Point advised that they had received information that the fees had been reduced to US$10 and therefore the trucks were cleared resolving the problem . The trucks are now able to cross over to DRC side.  
NTB-001-019 4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons
2021-03-01 Uganda: Malaba Kenya Resolved
2021-07-06
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Complaint: PVOC is currently a requirement for seed shipment into Uganda. This is causing considerable delays in seed shipment. In addition, the enforcement of PVOC requirements in Uganda is based on Uganda standards 821. There is however a disconnect between the Uganda standards and the parent seed regulations in terms of some of the conformity requirements such as label markings where the UG standards is asking for markings that are not in the Seed regulations.  
Resolution status note: This is a legal requirement where all commodities under mandatory standards go through PoVC inspection and the standard in question is a harmonized East African Standard and not an NTB. Hence the issue is operational and should be resolved in the system  
NTB-001-018 3. Technical barriers to trade (TBT)
B84: Inspection requirement
Policy/Regulatory
2021-05-12 Uganda: Malaba Kenya Resolved
2021-07-06
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Complaint: Uganda subjecting to Kenya perfumed petroleum jelly certified with Kenya SMark and manufactured using the EAC harmonized standards to Destination Inspection (DI) and it's costly charges. This violates the EAC SQMT Act 2006 mutual recognition principal and makes the cost of Kenya products to increase. This has been done despite KEBS writing a letter to UNBS, they proceeded with subjecting Kenya petrolium jelly products to DI and delays for over two weeks. These act by Uganda has negatively affected Kenya export of the products as DI fees and it's process including the delays is extremely high and increases the cost of the products.  
Resolution status note: The issue was discussed between the CEO of KEBs and UNBSs and resolved.
It was an operational issue arising from the use of the wrong standard.
 
NTB-001-017 2.8. Lengthy and costly customs clearance procedures 2021-02-09 Resolved
2021-10-13
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Complaint: Differences on the Health Attestation requirements for different countries within the SADC region

1. resulting to the same products having to comply with multiple requirements.
2. Multiple movement certificate has to be issued by the State Vet for the same product in order to meet exporting country’s requirements. This is done for every lot to ensure easy exportation of products by Nestle and our customers.
3. The difference in requirements has resulted in shipment rejections by State Vet since picking of stock for exportation is done at the warehouse after movement certificate has be issued.
4. Above has a huge impact on cost, time delays and meeting customer service level.
This is experienced in Eswatini, Namibia, Zambia and Zimbabwe. The health authorities are requested to look into it and facilitate trade.
 
Resolution status note: On 13 October 2021, Namibia during the meeting of 29 September 2021 where the issue was discussed, it was agreed that, since Namibia only has additional requirement when there is/was Foot and Mouth disease for a certain period, this is not an NTB. It was agreed that the complaint should be removed. Namibia therefore requests that her name be considered resolved .  
NTB-001-016 2.10. Inadequate or unreasonable customs procedures and charges 2021-04-28 Uganda Resolved
2021-10-19
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Complaint: Exporters of mattresses are suddenly required to pay 1250 USD dollars per mattress.This is an unclear tax and exorbitant.  
Resolution status note: The Republic of Uganda confirmed that the NTB was resolved.  
Products: 9404.2: - Mattresses :  
NTB-001-013 1.8. Import bans 2021-03-05 Kenya: All Kenyans borders Tanzania Resolved
2021-05-20
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Complaint: On 5th March, 2021 the Republic of Kenya, through the Ministry of Agriculture, Livestock, Fisheries and Cooperatives (Agriculture and Food Authority) issued a letter to the Commissioner of Customs, Kenya to stop importation of maize from the United Republic of Tanzania following a report from a surveillance which indicated high levels of mycotoxins that are very consistently beyond safety limits. The letter that was sent to all Counties bordering the two Partner States was neither notified to the EAC Secretary General nor to the concerned Partner States as per the EAC notification procedures; causing disruption to traders carrying maize at those borders. This incidents has caused loss to our traders.  
Resolution status note: The REC Focal Point reported that the NTB had been resolved by the Regional Meeting held in May 2021  
NTB-001-010 2.6. Additional taxes and other charges 2020-03-20 Uganda: Busia Kenya Resolved
2022-06-14
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Complaint: INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved
 
Products: 0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus  
NTB-001-007 2.6. Additional taxes and other charges 2021-02-25 Zambia: Livingstone Resolved
2021-11-29
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Complaint: A member of the South African Brand owners Association is experiencing push back from Zambia’s Ministry of Health in that they do not want to issue the Zambian importers a Health Clearance certificate unless the product has been subjected to re-testing in Zambia.
The association presented the Certificate of Analysis issued by South African Department of Agriculture, Land Reform and Rural Development which is responsible for analysis of products in South Africa, which was rejected by Zambia authorities.
The importers ended up going to meet the Permanent Secretary at the Ministry of Health to plead their case for clearance of which the Ministry said that they could not advise on which specific metals to test and advised that for future reference and to avoid this occurring again, the importers may use the former certificates to identify the metals that are present to enable the lab to test accurately. The example attached by the Ministry was for the inclusion of the following tests:
Natamycin
Sorbic Acid
Zinc – ZN
Copper – CU
Iron – FE
Lead – PB
For years the South African Health Clearance Certificate was accepted. The duplication of test conducted results in the below additional costs for our importer:
R240 per wine selected. We export 202 skus. If we have to test all of them at least once a year then we will spend R48 480 annually to confirm that our products are in spect.
Following the meeting with Ministry of Health , the Zambian importers reported that some past COA’s have successfully now managed to gain clearance for 2021 Q1 and Q2. We would appreciate if this matter can be resolved.
 
Resolution status note: A meeting held on 29 November 2021 between the Zambian Health Authority , DTIC and affected stakeholders . resolved the matter as follows:

1. Undertaking by Zambia to finish South Africa with the copy of the Regulations.
2. Acceptance of the South African Health Clearance Certificate
3. Testing of products once a year instead of bi-annually.
 
NTB-001-002 1.2. Government monopoly in export/import 2021-01-27 Zambia: Kariba Zimbabwe Resolved
2021-01-30
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Complaint: Zambia Revenue Authority has produced a statutory Instrument (SI NO 115 OF 2020 which prohibits exportation of certain products to neighboring countries e.g Zimbabwe. Trade has been going on well between Zimbabwe and Zambia without challenges and if there was need for commodities to exported or imported with license or permits traders have been abiding as required by Law. Zambia Revenue Authority Kariba is holding trucks intended to cross to Zimbabwe for clearance because of this Statutory Instrument, The statutory Instrument is not clear on the reasons or basis for its effect, It has come harder for the traders as the situation will force them to use chirundu which will then be costly for them to drive back to chirundu, whereas those goods in trucks which are in Zambia have been pre cleared in Zimbabwe awaiting PE as the normal way .  
Resolution status note: The Zambia Revenue Authority facilitated the clearance of the consignments that were already at Kariba Border Post. Importers/Exporters/Transporters were urged to be guided by the Statutory Instrument on the routes they are required to use when carrying certain cargo.

Due to the nature of the current situation, those already at Kariba were allowed to proceed.
 
Products: 0401: Milk and cream, not concentrated nor containing added sugar or other sweetening matter., 34: CHAPTER 34 - SOAP, ORGANIC SURFACE-ACTIVE AGENTS, WASHING PREPARATIONS, LUBRICATING PREPARATIONS, ARTIFICIAL WAXES, PREPARED WAXES, POLISHING OR SCOURING PREPARATIONS, CANDLES AND SIMILAR ARTICLES, MODELLING PASTES, ‘DENTAL WAXES’ AND DENTAL PREPARATIONS and 1905.3: - Sweet biscuits; waffles and wafers :  
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