| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-505 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Requirement by KRA for transporters to have introductory letters from URA on certain products / consignments, e.g. tyres and spirits. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this NTB had been resolved. Kenya Revenue Authority issued a notice to all Transporters , shipping agents, clearing and forwarding agents on the electronic cargo tracking systems as the principal systems for monitoring the movement of cargo under customs territory and all stakeholders were expected to comply by 31st January 2014 .
The Vehicles that are fitted with Electronic Cargo Tracking Systems WOULD:
1. Get waiver of TGL fees
2. Be able to carry goods on transfer to other partner states and within Kenya subject to approval
3. Enjoy the priority loading at the all customs areas and
4. Move without customs escort through the Northern corridor.
Transporters and shipping lines and agents are now allowed to carry goods along the corridor without challenges previously affecting them. |
|
|
NTB-000-506 |
1.1. Export subsidies
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Plant Health Inspectorate Services |
Tanzania |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Delays by Partner States to harmonize SPS protocol has resulted in cut-flower from Tanzania for re-exports to Europe and Russia blocked by Kenya. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the blockage had been lifted. This NTB is therefore resolved. |
|
|
NTB-000-567 |
1.1. Export subsidies |
2013-02-01 |
Kenya: Namanga |
Zambia |
Resolved
2013-02-27 |
View |
|
Complaint:
|
A consignment of sugar exported from Zambia to Kenya by Zambia Sugar has been delayed at the border for more than 20 days, and still has not been released. The COMESA secretariat has assisted in verifying the Certificate of origin that was apparently the initial reason for the delay. However the sugar has still not been processed for release |
|
|
Resolution status note:
|
On 27 February 2013, the Coordinator Border Coordination Management, Kenya Revenue Authority advised that, upon
verification of the certificate of origin, all consignments of sugar exports from Zambia into Kenya were released by 23 February 2013. KRA submitted a status report to the Focal Point, Kenya, indicating specific release dates for individual consignmenet as evidence. |
|
|
NTB-000-562 |
8.1. Government Policy and regulations |
2012-12-10 |
Kenya: Throughout Kenya |
Kenya |
Resolved
2014-07-03 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Kenya National Highways Authority (KENHA) is enforcing the axle load limits, rather than the GCM limit for the vehicle combination.
This is seriously compromising the ability of the transporters in Kenya to operated effectively and the Kenya Transporters Association (KTA) has taken the matter to court.
Some comments by the KTA:
1. KENHA is implementing this axle load rule on an axle by axle case rather than group axles. We realize the official position is group axle because when our enraged members stormed the Mariakani weighbridge yesterday, they promptly switched to weighing on group axles and giving a 5% tolerance, a matter that had hitherto not happened.
2. Their axle weights are 8-16-24 rather than 8-18-24 as the case is said to be in Tanzania. To comply here means one can’t optimize on his load.
3. The Traffic Act in Kenya requires an offender in this case is taken to court, fined and then made to redistribute cargo so that each axle is in conformity before the truck can proceed. The complication arises when the cargo is containerized transit goods which cant be opened sice continer is sealed and opening is criminal!
4. Similar complications arise in the case of liquid cargo which moves rapidly even when truck is being weighed or “sandy” like cargo such as clinker and the like which shifts depending on road terrain/condition or upon braking.
5. Our members are now forced to load 22 to 24 tons of the above cargo instead of the normal 27 tons. Unfortunately the overheads do not come down at all and they are now left with no option but to raise their rates by a similar margin. The question is whether our corridor and hinterland can afford such excessive costs.
FESARTA has drawn up a proposal to solve the problem and it is attached to this complaint. |
|
|
Resolution status note:
|
On 03 July 2014 FESARTA Kenya was about to sign a Load Charter with its transporters, which covered this issue therefore the NTB should be considered resolved. |
|
|
NTB-000-601 |
8.8. Issues related to transit |
2013-07-12 |
Kenya: All Transit Entry Points into Keny |
Uganda |
Resolved
2015-12-21 |
View |
|
Complaint:
|
Kenya Ministry of Agriculture Animal Industry and Fisheries, State Department for Livestock, Directorate of Veterinary Services, has introduced a new requirement under notice SOPS for Transit Inspection (1), for Hides and Skins consignments in transit through Kenya issued on 12th July 2013, that:
1. Transit goods are for all intent and purposes Imports
2. That transit cargo be subject to physical inspection by an inspector
3. Exporters transiting through Kenya to possess Import permits from the countries of destination
4. Exporters to poses Transit Permits
5. Payment of Transit fees
The requirement is to be effective on 21st July 2013.
Accordingly, this is a new NTBs imposed by the Kenyan Government on Ugandan goods transiting through Kenya. This new requirement is affecting 8 Ugandan companies in the business of exporting hides and skins that transit through Kenya. The measure will increase the cost of doing business because companies will require acquire transit permits for a fee, and delays related to physical inspection. More over the companies have been given a very short time (8 days including weekends) to comply with the new measure.
The Government of Republic of Uganda is of a strong view that this requirement be removed due to reasons above and contravenes the EAC Integration process through the Protocols signed so far. It is also erroneous to refer to transit goods as Imports as is done in the same notice. |
|
|
Resolution status note:
|
On 21st December 2015, Uganda Focal Point reported that the NTB was resolved by Kenya. The Requirement is no longer applicable |
|
|
NTB-000-655 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2014-12-11 |
Kenya: Kajiado and Kwale counties in Kenya |
Tanzania |
Resolved
2015-11-30 |
View |
|
Complaint:
|
Kajiado and Kwale counties in Kenya re-introduced County transit Fee |
|
|
Resolution status note:
|
ajiado and Kwale counties in Kenya removed the County transit Fee |
|
|
NTB-000-658 |
8.8. Issues related to transit
Policy/Regulatory |
2014-12-11 |
Kenya: Along corridor |
Rwanda |
Resolved
2015-11-30 |
View |
|
Complaint:
|
Containerized cargo is being subjected to Imposition of 4 weighbridges instead of agreed 2 as agreed by Partner States. |
|
|
Resolution status note:
|
During the 45th SCTIFI Rwanda reported that Weighbridges exceed the designated number of two (2) that trucks should go through both in the Central Corridor (7 weighbridges) and the Northern Corridor (8 to 9 weighbridges);
(a) 5 Weighbridges in Kenya which are located at Dongo Kundu, near the Port of Mombasa Mariakani, Mlolongo, Gigil, Busia mobile weighbridge (if you pass through Busia border) or Webuye (if you pass through Malaba border). At each of these weighbridges, the track is weighed which wastes time.
(b) 3 to 4 weighbridges in Uganda: If passed through Malaba, there is Malaba weighbridge (If passed through Busia border there is no weighbridge), Iganga, Lukaya and Mbarara.
(c) 8 Weighbridges in Tanzania which are located at Kurasini, Vigwaza, Mikese, Dumila, Dodoma, Singida, Kahama, and Nyakahura.
The Republic of Kenya informed the meeting that trucks are weighed once at the Mariakani weighbridge as per the Presidential Directive. However, Kenya took note of the complaint and committed to consult the Ministry of Transport on the 5 Weighbridges and report to the 38th RMC.
The United Republic of Tanzania submitted that transit trucks are weighed at three weighbridges: Vigwaza, Singida and Nyakahura.
It was noted that the challenge is with truck drivers who sometimes do not differentiate between the weighbridges dedicated for transit vehicles and the ones dedicated for domestic vehicles and hence noted the need for weighbridges for international transport to bear clear signage or color to be differentiated from local weighbridges.
Senior Officials noted the need to sensitize the truck drivers and weigh bridge officers on the weighbridges required for the international transfers.
The SCTIFI directed Secretariat to develop a mechanism to differentiate transit truck weighbridges from domestic cargo trucks by putting clear signage or colouring them differently and circulating the information to stakeholders / transporters and report to the 46th Sectoral Council for Trade, Industry, Finance and Investment (EAC / SCTIFI 45 / Directive / 54); |
|
|
NTB-000-659 |
2.14. Other |
2014-12-11 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2015-03-16 |
View |
|
Complaint:
|
Selective auctioning of Ugandan goods at Mombasa Port. |
|
|
Resolution status note:
|
At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, KRA reported that all auctions had been conducted in accordance with the laws and regulations. Uganda had been given an extended 90 day period in which to notify owners of the auction after which the auction was conducted. This position was endorsed by the 17th NTB forum thereby resolving this issue. |
|
|
NTB-000-660 |
2.10. Inadequate or unreasonable customs procedures and charges |
2014-12-11 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2015-03-26 |
View |
|
Complaint:
|
Scanning of Uganda goods by anti-counterfeit agency at Mombasa |
|
|
Resolution status note:
|
The 17th EAC NTBs Forum held in Nairobi from 24-26 march 2015 considered and resolved tise NTB. |
|
|
NTB-000-700 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2015-07-24 |
Kenya: Ministry of EAC,
P.O. Box 8846-00200, NAIROBI.
Tel: +254 722475368 |
Uganda |
Resolved
2017-10-24 |
View |
|
Complaint:
|
Kenya was restricting Cable Corporation (Uganda) Ltd from its tendering processes for the supply of electric cable products |
|
|
Resolution status note:
|
Kenya confirmed that the tender contained a rider excluding participation by regional companies and that it was a once off event. Kenya acknowledged the mistake and undertook that it will not happen again therefore the NTB should be considered resolved. |
|
|
NTB-000-708 |
8.6. Vehicle standards
Policy/Regulatory |
2016-04-30 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2016-12-07 |
View |
|
Complaint:
|
Charging of a Ks. 30,000 fines for criminal offence (TR361/16) for lorries imported by Uganda from German without Mud Guards. |
|
|
Resolution status note:
|
The 22nd EAC NTBs forum held in December 2016 accepted Kenya report that the charges were not discriminatory therefore not an NTB. |
|
|
NTB-000-711 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2016-06-30 |
Kenya: Mombasa County |
Burundi |
Resolved
2017-10-20 |
View |
|
Complaint:
|
Mombasa County in Kenya charges transit fees of ksh 6,000 for transit cargo truck. |
|
|
Resolution status note:
|
During the Dedicated Session of the Permanent/ Principal/Under Secretaries of Trade and EAC Affairs meeting held in Kampala to resolve long standing NTBs, Kenya reported that the internal consultations with the County Government of Mombasa had been concluded and the charge has been abolished. |
|
|
NTB-000-716 |
8.7. Costly Road user charges /fees |
2016-06-30 |
Kenya: Mombasa County |
Burundi |
Resolved
2017-10-24 |
View |
|
Complaint:
|
Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day. |
|
|
Resolution status note:
|
The NTBs focal Point at the Secretariat reported that this NTB had been resolved by the Dedicated Session of Senior Officials /Permanent Secretaries meeting held in Kampala on how to resolve long standing outstanding NTBs |
|
|
NTB-000-799 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-01-08 |
Kenya: Namanga |
|
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania does not give preferential treatment to printed labels manufactured in Kenya by SKANEM LTD and exported into Tanzania. Entry No.TZNG18-1016642. Export suspended. |
|
|
Resolution status note:
|
During the SCTIFI meeting held on 16 November2018, Tanzania and Kenya reported that the two Partner States had
identified and resolved the issues causing the NTB |
|
|
Products:
|
4821.90: Paper or paperboard labels of all kinds, non-printed |
|
|
NTB-000-746 |
2.3. Issues related to the rules of origin |
2017-03-17 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-04-25 |
View |
|
Complaint:
|
Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin. |
|
|
Resolution status note:
|
On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access. |
|
|
Products:
|
1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar) |
|
|
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) |
|
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