Resolved complaints

Showing items 1 to 20 of 660
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-000-918 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-000-897 3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory
2019-09-09 Kenya: Namanga Tanzania Resolved
2019-09-09
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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?  
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-000-920 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-000-894 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-000-901 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-000-904 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-000-878 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-000-883 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-000-890 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-000-837 2.6. Additional taxes and other charges
Policy/Regulatory
2018-10-23 Kenya: Mombasa sea port Uganda Resolved
2018-11-16
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Complaint: Imposition of withholding tax of 20% on demurrage charges by Kenya.  
Resolution status note: NTB was resolved during the SCTIFI  
NTB-000-842 2.3. Issues related to the rules of origin 2018-10-01 Uganda: Border Kenya Resolved
2018-11-16
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Complaint: Steel products transferred to Burundi from Uganda and Kenya.
Burundi does not offer preferential tariff treatment to metal products transferred from Uganda and Kenya.
 
Resolution status note: The NTB was resolved  
NTB-000-844 Insurance 2018-09-28 Uganda: Police Burundi Resolved
2018-09-28
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Complaint: Non-recognition of the COMESA Insurance by Uganda in case of accident.  
Resolution status note: Uganda reported that under the Law, in case of a fatal accident, the drivers are supposed to be taken to court unless you opt to resolve it. The meeting agreed that this NTB has been resolved.  
NTB-000-847 7.5. Lengthy procedures 2018-09-28 Tanzania: Isebania EAC Resolved
2018-11-16
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Complaint: TRA is requiring escort for wines, spirits, and Palm oil destined to Burundi. This decision was not communicated to Burundi and Importers are expected to pay TZS 1,500,000 for this.  
Resolution status note: TRA reported that escorts have been discontinued.

NTB resolved
 
NTB-000-838 2.3. Issues related to the rules of origin 2018-09-20 Uganda: Malaba Tanzania Resolved
2018-11-16
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Complaint: A to Z Textile Mills Ltd based in Arusha exported textile products to Uganda with EAC Certificate of Origin but URA did not offer the preferential tariff treatment and a 25% import duty was imposed on the products  
Resolution status note: URT informed the meeting that A to Z Textile Mills Ltd is not in the EPZ. Although the company was gazetted for duty remission they did not use it. Tanzania requested to de-gazette the Company from the duty remission scheme.

Uganda reported that once the company is de-gazzeted, she will provide the products that qualify preferencial treatment.

The meeting declaired the NTB resolved.
 
NTB-000-858 7.5. Lengthy procedures 2018-09-19 Uganda Resolved
2019-04-26
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Complaint: Denial, Delays and Mis-handling of Uganda beverages especially soft drinks and Bella wines entering Burundi, Tanzania, Kenya and Rwanda markets. Customs Officials usually delay clearing of Uganda soft drinks and Bella wines manufactured in Uganda entering Burundi and Rwanda without any justification thus causing damages and losses.  
Resolution status note: During the 27th NTBs Forum held from26th April - 4th May 2019 Rwanda and Uganda reported that this problem has been resolved  
NTB-000-856 2.3. Issues related to the rules of origin 2018-09-18 Tanzania: TRA Uganda Resolved
2019-04-30
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Complaint: Denial of market access to sunflower oil.  
Resolution status note: During the 27th Regional Monitoring Uganda reported that Tanzania accorded Uganda sunfower originating status therefore this NTB had been resolved.  
NTB-000-843 2.3. Issues related to the rules of origin 2018-09-12 Kenya: Tanzania Resolved
2018-11-16
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Complaint: KRA does not give preferential treatment for Azam energy drink exported by bakressa company and has uplifted invoice from USD 3.97 to 5.04 for Azam drink juice products. KRA has uplifted the invoice per carton of Azam drink juice products of Azam Bakhresa Group. KRA restricted 2 trucks that carried 50 tons of Azam Energy Drink to enter Kenya from Tanzania. KRA restricted the trucks until they paid extra tax for each carton from USD 3.97 to USD 5.04. The uplifting of the invoice value happened after the customer had already paid all taxes for KRA by using value of USD 3.97.  
Resolution status note: During the Meeting, URT reported that this NTB was not resolved.  
NTB-000-849 1.14. Lack of coordination between government institutions 2018-09-12 Uganda: Kampala Rwanda Resolved
2018-11-16
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Complaint: Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit.  
Resolution status note: Uganda confirmed to have received evidence of this NTB from Rwanda. The Trucks that were being held had no customs issue as they had fulfilled all transit requirements. The Uganda Mineral Protection Police Unit had held the trucks claiming the transit documents were forged however, customs was consulted and proved that the documents were genuine.

The SCTIFI meeting held in November, 2018 was informed that the Ministry of Foreign Affairs – Uganda convened a meeting and resolved that matter.

The matter was resolved.
 
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