Resolved complaints

Showing items 1 to 20 of 716
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-000-984 2.9. Issues related to transit fees 2020-10-07 Kenya: Namanga EAC Resolved
2020-10-07
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Complaint: Namanga /Kajiado County still charges 2,000 Ksh for all Burundi Cargo trucks transiting Kenya  
Resolution status note: It's a resolved NTB that rised again  
NTB-000-969 1.4. Preference given to domestic bidders/suppliers 2020-06-11 Kenya Resolved
2020-08-10
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Complaint: Uganda denial of market Access of essential products of Kenya manufactured and exported handsanitizer by Unilever Kenya.
Uganda Drugs Authority through a letter has denied market access handsanitizer manufactured in Kenya by Unilever Kenya and exported into Uganda Unilever making trucks loaded with the products stranded. The products have been issued with certificates of origin.
 
Resolution status note: During the RMC meeting held on 10 August 2020, Uganda Focal Point reported that the NTB had been resolved .  
NTB-000-968 1.7. Discriminatory or flawed government procurement policies 2020-01-10 Tanzania: Government Chemists & Lab Allied (GLCA) Kenya Resolved
2020-09-01
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Complaint: Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA.  
Resolution status note: During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved.
 
NTB-000-964 2.6. Additional taxes and other charges 2020-06-01 Kenya: Nairobi ICD Rwanda Resolved
2020-11-24
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Complaint: Introduction of the new verification/inspection tariff at Nairobi ICD (80 USD for 20 feet containers and 120 USD for 40 feet containers by Kenya Ports Authority (KPA) due to outsourcing of labor to conduct inspections and verification on behalf of KBS and KRA  
Resolution status note: After investigations, Kenya confirm that;-
- The charges are in accordance to the existing KPA tariff applicable to both local and transit cargo where labour is required to provide verification/stripping and stuffing services.
- The verification charges are applicable to only those containers that have been targeted for verification by Customs/other Government cargo intervening Agencies and or on customers request
- Clients have the option of either using the outsourced service provider or seeking for an approval from Customs for their containers to be released under seal for destination verification at their warehouses.
-There are no charges for sight and release mode of verification

This NTB is therefore resolved
 
NTB-000-963 2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory
2020-06-01 Kenya: At Taveta border post Rwanda Resolved
2020-09-10
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Complaint: The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017  
Resolution status note: During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved.  
NTB-000-961 8.8. Issues related to transit 2020-04-24 Tanzania: Benaco and Rusumo. EAC Resolved
2020-05-20
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Complaint: An incident with truck drivers in Benaco, Tanzania, who prevented cargo trucks destined for Rwanda to cross the border in protest against the new guidelines issued by the Government of Rwanda on 24th April 2020 on the movement of goods and services through Rwanda borders to prevent the spread of COVID-19 Pandemic. The same time, at Rusumo border, movement of goods and services were stopped.  
Resolution status note: This NTBs was resolved bilaterally between Rwanda and Tanzania.  
NTB-000-956 2.8. Lengthy and costly customs clearance procedures 2020-04-08 Zambia: Chirundu Resolved
2020-05-31
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Complaint: There are daily delays of truck movement due to customs clearing delays by Zambian authorities. Trucks are made to queue on the Zimbabwean side of the border whilst Zambian procedures are being done. The queue on the Zimbabwean side is almost permanent and sometimes stretches up to 10km along the road. Drivers have no ablution and other facilities in the process (health challenges).
The fight against the covid-19 disease is severely affected adversely by this development. In addition to this the trucks are exposed to thieves and wild animals. Clearing agents Zimbabwe transit bonds are also held up pending exit of the trucks.
 
Resolution status note: Zambia NTBs national monitoring Committee undertook a verification mission to Chirundu Border post on 11- 12 June 2020 to ascertain the degree of the problem and recommend way forward. The mission found out that all border agencies were overwhelmed by the increase in the volumes of traffic due to the COVID-19 Pandemic which caused traffic to be diverted from other borders e.g Kazungula Ferry to Chirundu . Following submission of this complaint the Zambia and Zimbabwe put in place the following temporary measures to adress the matter:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
4. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border.
These measures cleared all the trucks in the ques therefore the NTB was resolved
 
NTB-000-955 1.14. Lack of coordination between government institutions 2020-04-08 Zambia: Chirundu Resolved
2020-05-14
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Complaint: Zimbabwean clearing agents are stopped by Zambian security agents from driving across to Zambian side to perform Zimbabwean exit formalities (this is contrary to the OSBP arrangement).
 
Resolution status note: During the border verification mission by Zambia national Monitoring committee held on 11- 12 June 2020, both Zambia and Zimbabwe border agencies reported that they had put in place a temporary measure whereby a list of Zimbabwean clearing agents doing business during the COVID-19 Pandemic was prepared and shared between Zimbabwe and Zambia. NTB was resolved by this temporary measure  
NTB-000-954 2.8. Lengthy and costly customs clearance procedures 2020-04-03 Zambia: Livingstone Resolved
2020-05-13
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Complaint: Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system.  
Resolution status note: During the Zambia NMC verification mission to Chirundu on 11-12 June 2020, both Zambia and Zimbabwe border agencies reported that they had agreed that Zimbabwe side creates an official list of clearing agents doing business during the COVID-19 Pandemic was prepared and shared between Zimbabwe and Zambia. NTB was resolved by this temporary measure  
NTB-000-954 2.8. Lengthy and costly customs clearance procedures 2020-04-03 Zambia: Livingstone Resolved
2020-05-13
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Complaint: Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system.  
Resolution status note: During the Consultative meetings between Zambia NMC and border agencies, it was reported that the issue of relay drivers is not policy by the Zambia Government ad that the confusion might have arisen due top COVID -19 pandemic requirements. Zambia has put in place efficient testing and screening facilities and drivers meeting the COVID- 19 requirements are allowed to proceed to their destinations  
NTB-000-952 1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory
2020-03-20 Burundi: Ministry of Trade, Industry and Tourism Tanzania Resolved
2020-09-01
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Complaint: Disrimination and denial of Market Access for salt in Burundi.

There was a survey carried by Ministry incharge of Public Health in 2018 in relation to the consumption of salt, that the result revealed that only 52% of Burundians consume adequately iodized salt. On the basis of this survey the Ministry of Trade, Industry and Tourism has taken measures to authorize and license four trading companies as importers of adequately iodized packaged with an iodization rate of between 30 and 60ppm and provided with a certificate of conformity from Standards Bureau of the importing country. The companies authorized and approved by Ministry to import salt in Burundi are the followings;
1. Ubuntu Investment company
2. Geprotus
3. Gitega Business Centre
4. Burundi Import (BIMPO)

No other company or individual is authorized to import and market food salt without the authorization of the Minister in-charge of trade. The issue is the government of Burundi is discriminating other companies to import salt in Burundi. This is against EAC rules and procedures, if the issue is standard of salt there is mutual recognition concerning standard in EAC as per SQMT Act 2016.
 
Resolution status note: During the RMC meeting held on 1 September 2020, Burundi reported that an official letter of the Ministry of Trade informing that the measure reducing the number of companies importing cooking salt has been removed. Now the economic operators in the salt trade are authorized and encouraged to do so in strict compliance with the law. The letter specifies however that the imported cooking salt must be a finished product, crushed, cleaned, dried and packaged, adequately iodized and provided with a certificate of conformity from the office of Standard of the import country.  
NTB-000-951 Quarantine for All Truck drivers 2020-04-05 Zambia: Kazungula Ferry Zimbabwe Resolved
2020-04-10
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Complaint: Zambia imposeS a mandatory 14 day quarantine for all truck drivers entering Zambia during the covid 19 pandemic. From 28 March 2020, drivers using the Kazungula Ferry border post were detained at Kazungula border post and later moved to different sites in Lusaka such as UNZA. It is not clear whether all drivers were screened at the border post to establish if they showed symptoms COVID 19 . All driver are being quarantined including drivers without COVID 19 symptoms. This is not in line with SADC guidelines that stipulates that Member states will undertake initial screening and only quarantine those that show symptoms of COVID 19.

Zambia should have notified all SADC member states of their mandatory quarantine period in advance as required by the WTO Agreement on Trade Facilitation and WHO Interim Guidance on Quarantine of individuals in the context of the containment of corona virus disease (COVID-19) so that traders could plan accordingly. Zambia ambushed traffic in transit.

Zambia should implement the SADC guidelines which were recently adopted.
 
Resolution status note: On 19 Appril 2020, FESARTA reported that all drivers under quarantine have since been released.

Also Zambia has now produced a COVID - 19 Guidelines on Screening for Trucks carrying essential commodities. At certain Zambian border posts such as Vic Falls, Kazangula, Chinade and Chipata drivers are required to be screened and tested for COVID-19, meaning that they are quarantined until the test results are available and if negative for COVID-19 are released to proceed and deliver the cargo to the final destination, if they test positive they are quarantined for 14 days and the transporter must send another driver to replace the quarantined driver to deliver the load. Other border post such as Chirundu, Kasumbalesa and Nakonde, drivers are screened for temperatures and if no symptoms they are allowed to proceed and deliver the cargo to the final destination.
 
NTB-000-950 2.8. Lengthy and costly customs clearance procedures 2020-03-15 Zambia: Kasumbalesa Zimbabwe Resolved
2020-05-31
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Complaint: The border is too congested for the past 3 weeks with the queue now stretching backwards for 90 kilometers to Kitwe Town in the Copperbelt in Zambia, the situation has really gotten out of hand and we need urgent intervention.There are more that 1000 trucks queuing now and more joining from the various corridors.  
Resolution status note: During the verification mission to Chirundu held on 11 - 12 June, the Zambia and Zimbabwe Border Agencies reported that the log ques had been cleared by 31st May 2020 . The following temporary measures were taken jointly to clear the trucks:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
3. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border.
 
NTB-000-949 8.8. Issues related to transit 2020-03-31 Mozambique: Delegação Aduaneira de Machipanda (Road) Democratic Republic of the Congo Resolved
2020-04-03
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Complaint: The Mozambiquan government cancelled issuing visas to all foreigners travelling to Mozambique including for truck drivers from the DRC following COVID-19 outbreak . The DRC uses Beira port for export and import of products to the DRC. Because of this, the DRC truck drivers are stuck at Nyamapanda border post between Zimbabwe and Mozambique and cannot access the Beira port to load their cargo for transportation back to DRC.  
Resolution status note: The SADC secretariat reported that , according to the Mozambican NTBs focal point, the matter was resolved, and it was not as alarming as it was reported. In fact, drivers were impatient with the new sanitary and migratory control rules.  
NTB-000-948 2.6. Additional taxes and other charges 2019-12-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2020-09-10
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Complaint: TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
 
Resolution status note: The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme  
NTB-000-940 5.14. Restrictive licenses
Policy/Regulatory
2020-01-09 Rwanda: Rwanda FDA Kenya Resolved
2020-09-01
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Complaint: The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA

These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive.
 
Resolution status note: During the RMC meeting the Republic of Rwanda informed that, In addressing such related and persistent NTBs, the EASC in 2018 directed the QATSC to develop a Framework for inter agency regulatory control of food and cosmetics to facilitate cross border trade of these commodities. The final framework was recommended by the EASC for SCTIFI approval in their next meeting and this if Partner States commit to implement will reduce the cost of doing business arising among others from re - registration and re- testing . In respect to the Rwanda FDA, the issue was brought to the attention of the Extraordinary meeting of the EASC held on 12th June 2020. The QATSC was directed to discuss the matter and report in the next EASC meeting held on 23rd July with participation of most Partner States Regulatory Authorities .In that meeting Rwanda FDA reported that they recognize products with the EAC notified Quality -Marks that are issued based on harmonized EAC standards, and what Rwanda FDA was doing was just the listing for such products in building the database. The Registration fees for EAC products is waived and EAC products will be registered automatically. The information is on the website and the the Regulations are attached.The NTB is hence resolved.  
NTB-000-939 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-10-16 Tanzania: Tanzania Revenue Authority at ICD Kenya Kenya Resolved
2020-08-10
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Complaint: Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.

The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy
 
Resolution status note: During the RMC meeting held on 10 August 2020, Kenya informed the RMC meeting that the NTB was resolved  
Products: 3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa  
NTB-000-937 8.1. Government Policy and regulations 2020-01-26 Zambia: Chirundu Zimbabwe Resolved
2020-01-30
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Complaint: Lamcast Refractories is a Manufacturing Company located in Redcliff, Zimbabwe. On the 26th of January 2020 we had an export to Zambia, transported via Chirundu border post. Upon arrival at the border our driver was advised through our clearing agent that the consignment needed a cross border permit.
Prior to the trip we had been advised by the VID in Zimbabwe and the Ministry of Transport that the vehicle that we are using is too small (5ton truck), and does not require a cross border permit because of its size and we were further advised that since the truck has yellow number plates it does not require a cross border permit. We were also advised that a cross border permit is issued to 15ton trucks and above of which our truck is a 5ton truck
Our driver has been at border since Sunday the 26th of January 2020 and up today 28/01/20 he has not been cleared on the Zambian side.
The driver had a hard time on both sides of the border because of the issue of the required cross border permit. What we were advised on the ground is different from what was encountered at the border.
May you kindly assist us on the way forward.
We have been exporting to Botswana via Plumtree border post since 2016, and we have never been asked to produce a cross border permit. The exports are being done using the same truck that we are using in Zambia.
 
Resolution status note: Zimbabwe Focal Point reported that, the exporter took advice from Zambia Focal Point to seek assistance of Zambian Authorities at Chirundu border post who assisted him. The matter was therefore resolved.  
NTB-000-935 1.15. Other 2019-12-01 Zimbabwe: Ministry of Industry and Commerce Zambia Resolved
2020-02-26
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Complaint: A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.

BV South Africa has been systemically delaying in the issuance of CoCs by, inter alia, requesting for the same documents by different officers in the company and by responding to emails very late beyond the stipulated period of 48 hours within which the CoCs should be issued. These delays have previously lasted up to 3 or 4 months. Additionally BV South Africa has also delayed the issuance of Certificate of Conformity on products that were initially passed on previous assessments despite there being no change in the production process. This problem is related to clearance for exports destined for Kenya and Zimbabwe.

The actions by BV South Africa constitute a Non-Tariff Barrier and we would like this issue to be resolved expeditiously as the Company has already incurred losses as a result of the unnecessary delays.
 
Resolution status note: On 26 February 2020 a representative from Bureau Veritas responded that they are operating a Verification of Conformity programme or CBCA (Consignment- Based Conformity Assessment) on behalf of Governments (in examples provided Zimbabwe, Kenya, Tanzania). Their detailed response to the NTBs is given below :

Followings the analysis of the files reference you provided, we consider that the files were treated in accordance with the applicable technical requirements. For 2 files, improvement of communication would have certainly leaded into shorter processing time. Among various corrective actions that have been decided, the main one is the creation of a Sales Office in Lusaka in order to directly support all exporters willing to export in countries having such Programme of Verification of Conformity. The support will be provided through awareness and clarifications on the implementation of the various programmes. This will be effective as of March 1st 2020. On top of that an awareness session will be organised in Lusaka at the Inntercontinental Hotel on March 27th at 8h30. You are obviously welcome to attend.
We also remind that these programmes are related to conformity of products and applicable assessment process is not only an inspection. Exporters are advised to initiate their requests as soon as they know they are going to supply goods to the country where such program is in place and not to wait for the goods to be ready to be shipped.”
 
NTB-000-934 2.13. Issues related to Pre-Shipment Inspections 2019-05-30 Kenya: Ministry of Industry, Trade & Cooperatives Mauritius Resolved
2020-07-10
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Complaint: Under the PVoC (Pre-Shipment Verification of Conformity) program, all regulated products to be imported in Kenya have to undergo verification and testing in the country of supply and a Certificate of Conformity (CoC) has to be issued to demonstrate that they meet the requirements of the applicable national standards or approved equivalents and technical regulations. The CoC is mandatory for customs clearance.

However, all consignments subject to PVoC must obtain the CoC prior to shipment. This is where it becomes a barrier.

As a result of this measure, Mauritian exporters of HS 22071090 have to bear additional time and cost in shipping the products to Kenya.

We are therefore requesting the relevant Kenyan authority to amend its measure so that the Certificate of Conformity be requested upon the arrival of consignment instead of prior to shipment. The procedures to obtain the CoC and the shipment of the products can be done in parallel. By the time the products reach Kenya, the COC will be ready to be submitted at the port of entry.
 
Resolution status note: Kenya appreciate Mauritius concerns on NTB No. 934 regarding pre-shipment verification. We therefore confirm that this NTB has been resolved as evidenced by legal notice no. 78 dated 28th April 2020, where clause 9(1) allows for destination inspection. Subsequently, Kenya notified the same to the WTO under notification number G/TBT/N/KEN/1002.  
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