| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region |
Status |
Actions |
|
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 |
View |
|
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 |
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|
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-000-909 |
8.8. Issues related to transit |
2009-07-01 |
EAC |
EAC |
Resolved
2018-11-16 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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. |
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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. |
|
|
NTB-000-897 |
3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory |
2019-09-09 |
Kenya: Namanga |
Tanzania |
Resolved
2019-09-09 |
View |
|
Complaint:
|
This incident happened at Namanga border on 09 September, 2019. The Kenya Bureau of Standard (KEBs) restricted car registration number T391 AVW/T945BMK with 10,000 Olynet Long lasting nest and 5, 920 MiraNet also long lasting nets manufactured by A to Z Textile Company. These products are TBS licensed. It was later allowed to enter Kenya under seal make until KEBS undergo their test, in Nairobi. We wish to get clarification on issue, if it has licensed by TBS how come need another test? |
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Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 noted that it was a one time incidence and is a normal practice in Standards, However the issue was resolved that same day and should be indicated as resolved. |
|
|
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 |
View |
|
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. |
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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-000-892 |
2.8. Lengthy and costly customs clearance procedures |
2018-07-01 |
Kenya: Namanga |
Tanzania |
Resolved
2019-04-10 |
View |
|
Complaint:
|
KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing 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/-. Therefore to clear 100 trucks it cost Kshs 850,000/-. |
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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 was resolved by the CoC in April 2019 |
|
|
NTB-000-890 |
Holding of consignment without any reasons |
2018-11-19 |
Kenya: Moi International airport |
Tanzania |
Resolved
2019-04-23 |
View |
|
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. |
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|
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-000-889 |
2.14. Other |
2018-04-05 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2019-10-30 |
View |
|
Complaint:
|
The Ministry of Industry, Trade and Tourism received a complaint from Limbe Leaf Tobacco Company Ltd of a Non-Tariff Barrier imposed by Mozambican Customs Authorities at Zobue Border Post.
The company reported that Mozambique Customs Officials are demanding that containers carrying processed tobacco transiting through Mozambique should be opened after passing through Zobue Border Post.
Once the container is opened for physical inspection, customers (buyers of tobacco) demand that the exporter should get an official letter from the Mozambique Customs Officials. Unfortunately, Mozambique customs authorities have not issued documents nor provided formal reports stating the occurrence of the inspections and confirming changes in seal numbers once an inspection has taken place.
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|
|
Resolution status note:
|
During the meeting to launch SMS tool for Malawi on 30 October 2019, Malawi Focal Point reported that Limbe Leaf Tobacco had written a letter to the Ministry of Industry, Trade and Tourism confirming that Mozambique had removed the requirement for additional inspections |
|
|
NTB-000-883 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-12-17 |
Kenya: KRA |
Tanzania |
Resolved
2019-04-27 |
View |
|
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.
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|
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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. |
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|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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 |
View |
|
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. |
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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 |
View |
|
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. |
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