| Complaint number |
NTB Type
|
Date of incident |
Location (additional) |
Reporting country or region |
Status |
Actions |
|
NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
|
Complaint:
|
T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit
a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime. |
|
|
Resolution status note:
|
The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP |
|
|
NTB-001-084 |
2.6. Additional taxes and other charges |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
25% excise duty on table eggs imported table eggs as a new restriction
|
|
|
Resolution status note:
|
The 34th RMC meeting noted that the law was not being practiced and Uganda was not being affected by the law. Hence the NTB has been resolved |
|
|
NTB-001-082 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
Excise duty on imported onions, potatoes, potatoes crisps and potatoes chips effective 1st July 2022 at rate of 25% imposed by Kenya |
|
|
Resolution status note:
|
The 34th RMC noted that the provision of the Law is not applicable hence no NTB has occurred so far and Kenya is requested to amend their law and rectify it to avoid the NTB from occurring. This NTB has been resolved. |
|
|
NTB-001-068 |
1.9. Determination of eligibility of an exporting country by the importing country
Policy/Regulatory |
2022-06-16 |
Kenya: Ministry of Agriculture, Livestock, Fisheries and Cooperatives. (State Department of Livestock0 Directorate of Veterinary Services |
Tanzania |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Happy sausage Ltd is meat processing company based in Arusha Tanzania. The company produced various types of sausages (fresh, smoked, cooked, fermented), bacon, harm, fresh, beef, lamb, pork and chicken. The company wanted to export its products in Republic of kenya. The company was advised to apply to the government of Kenya for ana import permit of meat and meat products sourced from Tanzania , particulary from its Arusha facility. The application letter is attached for easy reference. The DVS (Kenya) replied to the application through letter with Reference No. MOALF/SDL/DVS/VPH/GEN/54 dated 29th March, 2022 by citing key requirements for meat importation into Kenya(those guidelines included in the letter).
The company complied with all requirements . The dully filled risk assessment questionnaires was submitted to DVS (Kenya)on 12th April 2022 ( the questionnaires is attached for reference) . What remains undone is for the DVS (Kenya) to send staff to Tanzania to Inspect the slaughter and meat processing facility in Arusha. We humbly request the DVS (Kenya) to send its staff to inspect the facility so that to allow the the company to export meat and meat product in Kenya. |
|
|
Resolution status note:
|
The Regional meeting was informed that the DVS of Kenya looked at the risk assessment questionnaire submitted by Happy sausage ltd and approved their import permit. The issue was administrative and was resolved. |
|
|
NTB-001-067 |
8.6. Vehicle standards |
2022-04-15 |
Kenya: |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs. |
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|
Resolution status note:
|
The meeting was informed that Kenya is implementing the East African Community Vehicle Load Control (Vehicle Dimensions and Axle Configurations) Regulations (EAC-VLC) Act and its subsequent regulations of 2018. The trucks affected were found to be in violation of the Law. The Act provides a maximum of 4 axles (2 steerings and 2 rear) on a rigid chassis vehicle which must not exceed 12 meters. Impounded vehicles had 5 axles on a rigid chassis vehicle which is not allowed by law. The meeting agreed that the Partner States need to abide by the EAC Laws. Hence the complaint is not an NTB. |
|
|
NTB-001-064 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2022-03-24 |
Zambia: Mokambo Border to Mfulira Road |
Zimbabwe |
Resolved
2023-04-06 |
View |
|
Complaint:
|
The Mokambo Border to Mfulira road has become impassable with trucks getting stuck in the mud and being damaged as a result of the poor road condition |
|
|
Resolution status note:
|
During the COMESA Regional capacity building workshop for National focal Points held in Rwanda from 3-6 April 2023, Zambia focal point reported that reconstruction of the Mokambo border to Mfulira had been commenced. It was therefore recommend that this NTB be regarded as resolved considering that Zambia is taking efforts to reconstruct the road |
|
|
NTB-001-063 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2022-03-24 |
Zambia: Kasumbalesa |
Zimbabwe |
Resolved
2023-03-06 |
View |
|
Complaint:
|
There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 . |
|
|
Resolution status note:
|
A Bilateral Ministerial Meeting between the Republic of Zambia and the Democratic Republic of Congo (DRC) was held on 6th March 2023. It was agreed that all border agencies of both countries put in place procedures to allow for 24-hour border operations at Kasumbalesa, Sakania, Mokambo and Kipushi in accordance with internal procedures.Based on the outcome of the Bilateral meeting, the NTB is resolved |
|
|
NTB-001-062 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2022-03-22 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2022-06-13 |
View |
|
Complaint:
|
Our Company is experiencing discretional acceptance of labelling of Arenel sweets by Port Health South Africa. We export jelly sweets among other products to the Republic of South Africa and our packaging has a sticker written “Jelly Babies” and does not state the word “Sweets”. The majority of sweets sold in the importing country (RSA) have similar packaging. On the 22nd of March 2022 our truck was stopped by Port Health South Africa at Beitbridge Border Post and the officials demanded that our truck return to Zimbabwe with the full load because the product labelling does not conform to the importing country`s labelling requirements. It seems there is no uniformity in the Port Health officials at Beit Bridge Border Posts are accepting labelling requirements for sweets entering RSA. |
|
|
Resolution status note:
|
The SA Port Health Authority committed issued Arenel with a six months exemption ( 13 June - 13 December 2022) to continue with their exports to South Africa of apricots and jelly sweets. |
|
|
NTB-001-061 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2021-12-28 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
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. |
|
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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. |
|
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NTB-001-060 |
1.8. Import bans
Policy/Regulatory |
2022-02-16 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
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. |
|
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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-001-050 |
8.8. Issues related to transit |
2022-02-14 |
Tanzania: Tunduma |
Zambia |
Resolved
2022-09-06 |
View |
|
Complaint:
|
There is a disruption in the flow of trade/transit at Nakonde/Tunduma border post due to a protest by transporters in Tanzania who are not moving cargo across the border. This has affected the movement of goods both into Zambia and Tanzania and has resulted in increased congestion on both sides of the border. Considering the important role the Nakonde/Tunduma border post plays along the transport corridor, any further delays resulting from the protests will significantly disadvantage all stakeholders within the region in terms of revenue and costs. This will ultimately have a negative effect on the consumer welfare in the countries and the region at large. It is therefore imperative that the present impasse is resolved as a matter of urgency. |
|
|
Resolution status note:
|
On 6th September 2022, Focal Point Zambia Revenue Authority reported that the NTB had been resolved. |
|
|
NTB-001-047 |
8.8. Issues related to transit |
2021-12-01 |
Kenya: Mombasa sea port |
|
Resolved
2022-06-14 |
View |
|
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 |
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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 |
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|
NTB-001-046 |
8.8. Issues related to transit |
2021-12-03 |
Uganda: Malaba |
|
Resolved
2022-06-14 |
View |
|
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 |
View |
|
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. |
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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 |
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NTB-001-044 |
1.15. Other |
2021-12-03 |
Uganda: Malaba |
Kenya |
Resolved
2022-06-14 |
View |
|
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 |
View |
|
Complaint:
|
Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber |
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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. |
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|
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 |
View |
|
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. |
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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 |
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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) |
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NTB-001-038 |
6.5. Variable levies |
2021-10-10 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2022-06-14 |
View |
|
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-001-037 |
1.7. Discriminatory or flawed government procurement policies |
2018-03-01 |
Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES |
Kenya |
Resolved
2022-11-03 |
View |
|
Complaint:
|
Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.
Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.
URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.
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. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
|
|
|
Resolution status note:
|
During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme. |
|
|
NTB-001-033 |
1.8. Import bans |
2018-08-01 |
Tanzania: Tanzania Ministry of Livestock Development and Fisheries |
Kenya |
Resolved
2021-10-14 |
View |
|
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. |
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