Resolved complaints

Showing items 1 to 20 of 641
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-000-894 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s.
2019-05-14 South Africa: Maseru Bridge Lesotho Resolved
2019-05-22
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Complaint: SARS inspection process takes too long thereby delaying transit of goods destined for the Port. TZICC Clothing Manufacture, requesting SARS to expedite clearance of their declaration which was done last May 14, 2019. The container has not been cleared as at Wednesday 22 May 2019 our Container has not been release yet. The Export Container is going to United States of America and there is a schedule that the company need to meet specially the vessel Stack Dates in Durban. Case # 313253631 was pending since Wednesday and it took so long for SARS to answer or response on the query. 1st we do the VOC 2nd they ask for the Sales Contract 3rd they ask for the Provisional Payment amounting R28866.87 which was already done paying Friday 17 May 2019, everything was uploaded on Friday but SARS has not responded as on 22 May 2019. TZICC are not in a position to know what is going on as SARS are not answering on the system.

This container will cost a lot if the consignment misses the vessel again in Capetown just because of SARS Customs.
 
Resolution status note: On 22 May 2019, South Africa Focal Point reported that discrepancies that were picked up which resulted in the delay of the declared consignment were rectified. The case has been finalised and released.  
NTB-000-890 Holding of consignment without any reasons 2018-11-19 Kenya: Moi International airport Tanzania Resolved
2019-04-23
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Complaint: A Tanzania trader (02 Export Gem Company Limited of Arusha, Tanzania) had exported a consignment of minerals to Kenya. However, the business deal was not sealed and hence the consignment was directed to be taken back to the Country of Origin (Tanzania). All documentation regarding the return of the consgnemnt were processed between TRA and KRA and were concluded. But KRA could not realease the consignment to the Tanzania Trader. Despite all efforts made physically, on phone and in writting, KRA has held the consignment since November, 2018 to date. The company has incured losses in following up on the consignment including among others Hotel bills, escort fees, transfer car fees, storage fees, fees related to documentation processing.

KRA is required to release the consignment to the trader and re-emburse all the costs related to the delay in releasing the consignment.
 
Resolution status note: This matter was therefore resolved at the Bilateral meeting held on 22-23 April 2019 between Kenya and Tanzania . Kenya committed to deliver the minerals to the trader on 27th April, 2019 at Taveta border Post  
NTB-000-883 2.6. Additional taxes and other charges
Policy/Regulatory
2018-12-17 Kenya: KRA Tanzania Resolved
2019-04-27
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Complaint: Introduction of Tax Stamp/Printed Codes:
Under the Kenya Excise Act of 2015, the Kenya Revenue Authority (KRA) introduced either tax stamp or printed codes on beer and KEG manufactured or imported into Kenya with effect from 1st February 2016 at the cost of KShs. 1.50 per stamp with a manual application which raises the cost to USD 5.5/hl.
 
Resolution status note: During the Bilateral Meeting between Tanzania and Kenya held on 23rd - 27th April, 2019 in Arusha, Tanzania.Kenya reported that this is a domestic function under the Domestic laws and falls under the Domestic Tax Harmonization.
Tanzania requested Kenya to consider lowering the charges and the fees should be issued electronically. Kenya recommended to wait for domestic harmonization process to be completed.
Recommendation: Both Parties agreed to handle the matter under domestic tax harmonization ad therefore matter is resolved.
 
NTB-000-882 2.3. Issues related to the rules of origin 2018-12-17 Kenya: Namanga Tanzania Resolved
2019-04-27
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Complaint: Denial of preferntial treatment for products produced by Tanzania Breweries (TBL) Ltd.
Kenya is insisting that Tanzania produced Beer (Redds and Castle Lite) are manufactured in South Africa.
 
Resolution status note: During the Bilateral Meeting held on 23- 27 April, both parties agreed to undertake verification of the plants. Meanwhile, Kenya will accord preferential treatment to Tanzania beer .  
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-000-878 2.8. Lengthy and costly customs clearance procedures 2019-01-29 South Africa: Maseru Bridge Lesotho Resolved
2019-02-01
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Complaint: We are experiencing delays by SARS customs who are taking time to inspect our container that is in transit. The delay is causing difficulties to meet the vessel to carry the shipment as it will be closing on Thursday 31st January at 06:00am and we are running out of time.  
Resolution status note: This NTB was resolved too late and the consignment missed the vessel thereby adding to transport costs. Lesotho reported that:
1. The inspection took long resulting in the consignment missing the vessel in Durban Harbour; trader incurred additional costs by taking the consignment to Cape Town instead of Durban; and
2. the congsinor was charged provisional payments upon the release of the consignment.

Lesotho observed that SARS treatment of Lesotho transit goods compromises prospects of Lesotho's international trade opportunities as the country seeks to expand and diversify both products and markets to contribute to economic growth and poverty reductionNTB Focal Point in South Africa are requested to assist in clarifying the situation on inspection with SARS at Maseru Border Post to expedite the process.
 
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 2.6. Additional taxes and other charges 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.
 
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