| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-756 |
8.7. Costly Road user charges /fees |
2017-05-05 |
Kenya: Kaijado County |
Burundi |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Namanga/Kajiado County charges 2,000 Ksh for all Burundi cargo trucks transiting Kenya |
|
|
Resolution status note:
|
During the Focal Points meeting held on 19- 21 august 2019, Kenya reported that this NTB had been resolved. Kajiado County no longer charges the 2000Ksh for Burundin cargo. Burundi confirmed that although they had confirmation of the charge for June 2019, there had not been any further charges in from July 2019 . However, both countries will continue to monitor . This NTB is therefore resolved . |
|
|
NTB-000-779 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2017-10-02 |
View |
|
Complaint:
|
Kenya does not give preferential treatment for wheat flour from Tanzania. |
|
|
Resolution status note:
|
During the Bilateral meeting held in September between Kenya and Tanzania, Kenya reported that AZAM company was gazzeted for the duty remission to produce specific products. According to the evidence produced by Tanzania the Tanzania exporter was gazzeted on 14th July, 2017 but the denial of market access to their client in Kenya is said to have happened on 10th February, 2017 before the gazettement. This NTB was therefore resolved. |
|
|
NTB-000-811 |
3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons
Policy/Regulatory |
2017-10-02 |
Kenya: State Department of Trade |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya banned exports of scrap metals destined to Rwanda in accordance with scrap metal Act NO. 1 OF 2015 |
|
|
Resolution status note:
|
Kenya informed the SCTIFI in November 2018 that the scrap metal is a restricted business in Kenya and that Rwanda traders require a permit to transfer the scrap metal from Kenya. Rwanda informed the meeting that NTB is resolved. |
|
|
NTB-000-832 |
3. Technical barriers to trade (TBT)
B82: Testing requirement |
2018-08-28 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-10-18 |
View |
|
Complaint:
|
All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa? |
|
|
Resolution status note:
|
On 18th October 2019 , Mauritius reported that the Mauritian exporters reported that the consignments were released. We propose that this NTB be marked as resolved. |
|
|
Products:
|
1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13) |
|
|
NTB-000-831 |
3. Technical barriers to trade (TBT)
B82: Testing requirement |
2018-08-07 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-10-18 |
View |
|
Complaint:
|
Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar. |
|
|
Resolution status note:
|
During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved . |
|
|
Products:
|
1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13) |
|
|
NTB-000-837 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-23 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Imposition of withholding tax of 20% on demurrage charges by Kenya. |
|
|
Resolution status note:
|
NTB was resolved during the SCTIFI |
|
|
NTB-000-843 |
2.3. Issues related to the rules of origin |
2018-09-12 |
Kenya: |
Tanzania |
Resolved
2018-11-16 |
View |
|
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. |
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|
Resolution status note:
|
During the Meeting, URT reported that this NTB was not resolved. |
|
|
NTB-000-850 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2018-09-01 |
Kenya: Namanga |
Tanzania |
Resolved
2018-11-16 |
View |
|
Complaint:
|
KRA has issued a public notice which introduced Single Custom entry clearance that increases 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/-. If you have to clear 100 trucks it will cost Kshs 850,000/- |
|
|
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 is to be resolved by the CoC. |
|
|
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. |
|
|
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-000-890 |
7.10. Other |
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. |
|
|
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-000-892 |
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/-. |
|
|
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-000-897 |
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? |
|
|
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-000-903 |
8.4. Transport related corruption |
2019-04-05 |
Kenya: Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Multiple police check points from Mombasa to Malaba (Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret).
During the 27th RMC meeting the Republic of Rwanda reported that there are many check points from Mombasa port to Malaba/Busia which charge money to transporters. |
|
|
Resolution status note:
|
The RMC held on 1 September 2020, agreed that this NTB is resolved and urged Kenya to make sure road blocks don't emerge again |
|
|
NTB-000-918 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
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 |
|
|
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-000-919 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-09-24 |
Kenya: Namanga |
Tanzania |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of preferential treatment on Labels produced by TP Label limited. |
|
|
Resolution status note:
|
The Republic of Kenya informed the Sectoral Committee on Trade that she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.During the RMC meeting held on 10 August 2020, Tanzania confirmed that the NTB was resolved |
|
|
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 |
View |
|
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-000-963 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2020-06-01 |
Kenya: At Taveta border post |
Rwanda |
Resolved
2020-09-10 |
View |
|
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-000-964 |
2.6. Additional taxes and other charges |
2020-06-01 |
Kenya: Nairobi ICD |
Rwanda |
Resolved
2020-11-24 |
View |
|
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-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
|
|
Resolution status note:
|
Kenya informed the meeting that the charges are in accordance with the existing KPA regulations. The verification charges are applicable to containers identified for verification upon the customer's request. The customer has a choice to use an independent agent. Hence this is not an NTB and is resolved. |
|
|
NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
|
|
Resolution status note:
|
The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved. |
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