Resolved complaints

Showing items 1 to 20 of 612
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-000-879 2.6. Additional taxes and other charges 2017-05-05 Tanzania: TRA Kenya Resolved
2018-11-16
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Complaint: Tanzania Revenue Authority imposes a Weights and measures levy at 2% of the customs value for every export. The levy is not being picked on the customs entries as is the norm but on a different collection sheet raising questions on authenticity of the levy  
Resolution status note: Tanzania reported that this is a weight and measures levy that is paid by all including Tanzania exporters and hence it is not an NTB. The Meeting recommended that the levy should be harmonised across EAC Partner States. And hence considered the NTB Resolved.  
NTB-000-877 2.3. Issues related to the rules of origin 2017-05-05 Uganda: URA Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda.  
Resolution status note: The meeting was informed that Uganda provides preferential treatment.

NTB was resolved
 
NTB-000-876 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: TRA Kenya Resolved
2018-05-05
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Complaint: It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process.  
Resolution status note: The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The NTB was resolved.  
NTB-000-875 2.3. Issues related to the rules of origin 2017-05-05 Uganda: KRA Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and exported into Uganda.  
Resolution status note: Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
Kenya reported that it is not under duty remission scheme. Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority has started granting preferential Treatment.
 
NTB-000-874 1.1. Export subsidies 2017-05-05 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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Complaint: Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.  
Resolution status note: Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted.

It was recommended to geo-map all the transit routes and gazette the Mtera route. The Mtera route was gazetted vide Legal Notice No. 48 of 10th May, 2018.

The NTB was resolved
 
NTB-000-873 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: TRA Kenya Resolved
2018-11-16
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Complaint: Tanzania Denial of Preferential Tariff Treatment on Printed Labels exported from Kenya.
Tanzania does not offer Preferential Tariff Treatment on Printed Labels transfered from from Kenya.
 
Resolution status note: The issue happened in February, 2018. Tanzania indicated that there was an issue on RoO and required verification. Kenya reported that there was an error on one of the CoO and thus caused the doubt on the RoO. Tanzania has not initiated verification procedures to-date.The EAC Secretariat received communication from Kenya with evidence that Tanzania still charges duty. The issue was resolved during Committee on Customs.  
NTB-000-872 2.3. Issues related to the rules of origin 2017-05-05 Seychelles: TRA Kenya Resolved
2018-05-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania.  
Resolution status note: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
Tanzania reported that the issue was resolved by the CoC.
 
NTB-000-871 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2017-11-16
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Complaint: Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants  
Resolution status note: During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
NTB-000-870 8.8. Issues related to transit 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance.  
Resolution status note: The NTB was resolved by the CoC.  
NTB-000-868 2.3. Issues related to the rules of origin 2017-11-17 Tanzania: TRA Kenya Resolved
2018-11-16
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Complaint: It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process.  
Resolution status note: The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The matter was resolved  
NTB-000-867 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and transfered into Uganda.  
Resolution status note: Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
But then Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority started granting preferential Treatment.
 
NTB-000-866 2.3. Issues related to the rules of origin 2017-11-17 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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Complaint: Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks.  
Resolution status note: Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route.

The Mtera route was later on gazetted vide Legal Notice No. 48 of 10th May, 2018. and hence the NTB reswolved.
 
NTB-000-865 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2018-11-16
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others cigarettes.  
Resolution status note: The NTB on Cigarettes was resolved based on the EACJ ruling (Application 13 of 2017 arising from Ref 7 of 2017 issued on 25th Jan 2018: BAT (U) Ltd vs AG Uganda)  
NTB-000-861 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Resolution status note: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
The issue was resolved by CoC
 
NTB-000-860 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Resolution status note: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
The issue was resolved by the Customs Committee.
 
NTB-000-859 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants  
Resolution status note: During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
NTB-000-853 2.3. Issues related to the rules of origin 2017-05-05 Uganda: Busia Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of paper sacks manufactured in Kenya and transfered to Uganda
 
Resolution status note: This NTB was resolved by the Committee on Customs. The Meeting recalled that the matter was considered and resolved that URT grants preferential treatment on paper sacks. The Meeting agreed that paper sacks should be granted preferential market access.

The matter was resolved.
 
NTB-000-852 2.6. Additional taxes and other charges 2018-07-05 Tanzania: Ministry of LiveStock Kenya Resolved
2018-11-16
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Complaint: Increase of Import and Export fees on animal and animal products by Tanzania. Tanzania has amended the “Animals & Animal Products Movement Control (Amended) Regulations, 2018” that has increased the charges.  
Resolution status note: The CoC guided that:-
Refer the imposition of additional levies under the animal diseases (Livestock Markets) Regulations, 2018 by URT under Government Notice 476 of 31st August 2018 to SCTIFI.

The Secretariat guided that where national laws impose levies on imports and exports, this should not apply to goods originating within the EAC.

URT informed the meeting that such charges exist in other Partner States.

The SCTIFI meeting agreedthat this guidance should therefore be applicable to all Partner States.

The matter was resolved.
 
NTB-000-851 1.4. Preference given to domestic bidders/suppliers 2018-08-09 Tanzania: Ministry of Livestock Kenya Resolved
2018-11-16
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Complaint: Discrimination of beef products by Tanzania where Tanzanians are advised to source beef locally.  
Resolution status note: Tanzania informed the SCTIF meeting that the importer was advised and was given an import permit.

The Meeting agreed that this NTB is resolved.
 
NTB-000-850 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-09-01 Kenya: Namanga Tanzania Resolved
2018-11-16
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Complaint: KRA has issued a public notice which introduced Single Custom entry clearance that increases cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. If you have to clear 100 trucks it will cost Kshs 850,000/-  
Resolution status note: The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.

The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th-15th Dec 2018.

The matter is to be resolved by the CoC.
 
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