Resolved complaints

Showing items 1 to 20 of 697
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-000-961 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-000-951 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-000-937 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.  
NTB-000-931 7.3. Corruption 2019-11-26 Zambia: Mazabuka Resolved
2020-06-24
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Complaint: Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete.  
Resolution status note: On June 24 2020, Zambia Focal Point reported that the complaining company had confirmed that this problem was no longer an issue therefore it id resolved  
NTB-000-920 2.8. Lengthy and costly customs clearance procedures 2019-06-01 Tanzania: Namanga Kenya Resolved
2019-11-07
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Complaint: Lengthy documentation in TRA thus delays and demurrage costs
It takes not more than 3 days to get all necessary documents for Kenya, Rwanda and Uganda while it can take upto 10 days(or more) for TZ since all documentation is processed though the exit border before truck leaves Kenyan side
EXPORT DOCUMENTS REQUIRED IN RWANDA, KENYA & UGANDA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
EXPORT DOCUMENTS REQUIRED IN TANZANIA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
MOVEMENT SHEET
TRANSPORT PERMIT
There is no requirement for transport permit for KE, UG & RW.
There is need for customs to harmonize and reduce documentations so as to simplify export processes and facilitate trade.
 
Resolution status note: Tanzania reported that
a) Transport permits for chemicals related products are issued once the import permit has been issued.
b) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, a transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delays in issuing the transport permit as it was issued on the same day. It should be noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
c) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
d) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7
 
NTB-000-918 3. Technical barriers to trade (TBT)
B14: Authorization requirement for TBT reasons
2019-10-05 Kenya: Charges were applied by Nairobi City Council Rwanda Resolved
2019-10-31
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Complaint: Requirement to foreign exhibitors in Kenya to have a trading license to be able to display their products in the trade fair without which a fine of Ksh 1,000 per day is imposed to the exhibitor by the City Council. The incident occurred during the Nairobi International Trade Fair that took place at Jamhuri Park to 30th September to 6th October 2019  
Resolution status note: During the Sectoral Committee on Trade Kenya reported that it was a one off issue and is committed that it will not happen again in other upcoming exhibitions. The meeting agreed that exhibitors should be informed not to accept any charges and should report to the relevant authorities in case it happens. Hence it was resolved.  
NTB-000-911 8.1. Government Policy and regulations
Policy/Regulatory
2019-10-15 Zambia: All Zambia Weighbridges Zimbabwe Resolved
2020-07-10
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Complaint: Zambia applies 0% tolerance on Gross Weight at all Weigh Bridge Stations when all the other counties on the North – South Corridor allows 2 – 5% tolerance on Gross Weight as allowance for weigh bridge weight variances, since weigh bridges give varying weights at any given time which results in fining transporters unnecessarily. The expectation is that Zambia should apply a 2% tolerance on gross weight thereby removing the current challenge faced by foreign operators in the country.  
Resolution status note: During the 8th Meeting of NTBs Focal Points held on 8- 10 July 2020, Zambia reported that it applies a 5% tolerance on Gross Weight at all Weigh Bridges. Zimbabwe needs to clarify whether they are still experiencing challenges. If not it should be considered resolved  
NTB-000-909 8.8. Issues related to transit 2009-07-01 EAC EAC Resolved
2018-11-16
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Complaint: Existence of several weigh bridge stations in the central and Northern corridors.  
Resolution status note: Transit trucks should be weighed twice, weigh bridges should be reduced to two (2) one at the point of entry and the other at the port of exit.
The two weigh bridges should be equipped with a High Speed Weigh-In Motion (HS-WIM) equipment to save time spent at weigh bridges.
Kenya and Tanzania have installed the High Speed Weign In Motion Weigh Bridges (HS-WIM).
Number of Weigh Bridges in Partner States are as follows: Burundi: 0, Kenya: 4, Rwanda: 0, Tanzania: 3 as agreed, Uganda: 2
The meeting recommended that Uganda be urged to consider installing High Speed Weigh-In Motion Weigh Bridges to resolve this NTB.
URT waived the US$40 sticker fees on transit trucks going through weigh bridges in the central corridor with immediate effect.
 
NTB-000-904 1.14. Lack of coordination between government institutions 2019-04-05 Uganda: Mutukula Tanzania Resolved
2019-10-31
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Complaint: Posting of sufficient personnel to Mutukula One Stop Border Post (OSBP). Tanzania has already deployed staff necessary to meet the 24/7 working hours. But Ugandan border officials does not work 24/7. Thus, business from Tanzania to Uganda is severely affected.  
Resolution status note: During the Sectoral Committee on Trade held on 31 October 2019, the Republic of Uganda reported that the Mutukula OSBP is now fully operational at 24/7 basis. The following number of staff from respective agencies were deployed:
Customs (URA) - 25
Immigration (MIA) - 11
Ministry of Agriculture Animal Industry and Fisheries - 3
All other relevant agencies (MAAIF) are present at the OSBP
Hence the NTB was resolved.
 
NTB-000-902 8.8. Issues related to transit 2019-04-03 Tanzania: TRA Burundi Resolved
2019-05-10
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Complaint: The application of VAT for transit goods that spend more than one month in URT without being loaded  
Resolution status note: During the 27th RMC meeting, the Republic of Burindi reported that transit goods which have spent more than 30 days in Tanzania are charged VAT, when they exit.The Republic of Burundi resubmited to the Secretariat the evidence that was submitted to the United Republic of Tanzania. The United Republic of Tanzania informed the meeting that the fee is charged on services rendered to the trader after the 30 days of the grace period and these services are taxable. The United Republic of Tanzania informed the Sectoral Committee on Trade that as per the evidence given the fee is charged on services rendered to the trader but not on the transit goods after expiry of the 30 days of the grace period and these services are taxable. Hence the United Republic of Tanzania considered the issue not qualifying to be an NTB. Hence the issue was resolved.  
NTB-000-901 2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory
2019-05-03 Kenya Resolved
2019-10-15
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Complaint: South Sudan is subjecting Kenyan exports to Certificate of Conformity (CoC); South Sudan through their Ministry of EAC and Industry has written letters to Kenya manufacturers informing them that there will be a penalty of 15% CIF on all imports into the Republic of South Sudan without CoC. Exporters are required to have their consignments verified in the country of export before shipment.  
Resolution status note: During the Regional Monitoring Committee held on 15th October, 2019 the Republic of Kenya reported that the NTB was resolved.  
NTB-000-899 6.2. Administrative fees 2017-07-28 Tanzania: TFDA Kenya Resolved
2019-08-14
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Complaint: TFDA (Tanzania Foods & Drugs Authority) imposes a 1.5% fees on FOB value on all imports (food, drugs & cosmetics). This is badly hurting local and regional trade as well as local manufacturers.  
Resolution status note: The Extra Ordinary SCTIFI of August 2019 noted that since TFDA had been dissolved, there is no more fees paid to TFDA. Hence the NTB was resolved.  
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