| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-150 |
1.9. Determination of eligibility of an exporting country by the importing country |
2023-11-12 |
Lesotho: DURBAN PORT |
South Africa |
Resolved
2024-05-31 |
View |
|
Complaint:
|
THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME |
|
|
Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
|
|
NTB-000-681 |
7.2. Discrimination
Policy/Regulatory |
2015-10-12 |
Uganda: Malaba |
|
Resolved
2016-06-30 |
View |
|
Complaint:
|
Uganda discriminatively imposed a 10 percent duty on Kenya manufactured Laundry bar soaps. |
|
|
Resolution status note:
|
At he 21st EAC NTBs Forum, Uganda reported that the 10% charged is Excise duty on cosmetics and soaps.
The NTB was resolved upon receipt of the statutory instrument from Uganda. |
|
|
NTB-000-974 |
7.2. Discrimination
Policy/Regulatory |
2020-05-02 |
Kenya: |
Tanzania |
Resolved
2021-06-10 |
View |
|
Complaint:
|
Kenya recently enacted the Business Law (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 (the Excise Duty Act) by imposing excise duty on imported glass bottles (excluding glass bottles for packaging pharmaceutical products) at a rate of 25%, with effect from 18 March 2020. This amendment will result in an increase in the cost of imported glass bottles as compared to glass bottles which are locally manufactured in Kenya. |
|
|
Resolution status note:
|
TheRepublic of Kenya issued an administrative note to implement the Court injunction on the Kioo case and the NTB was resolved . |
|
|
NTB-000-032 |
1.7. Discriminatory or flawed government procurement policies |
2004-05-27 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that goods exported to Ethiopia should be transported through the National Shipping Lines.
Kenya has complained that Ethiopian authorities require that all exporters to Ethiopia must use national shipping lines. |
|
|
Resolution status note:
|
Ethiopian Government wrote to COMESA Secretariat on 7th January 2008 stating that they were now complying with Article 57 of the Treaty |
|
|
NTB-000-050 |
1.7. Discriminatory or flawed government procurement policies |
2004-12-23 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that transporters using the road network should use the Ethiopian transporters.
Kenya has complained that Ethiopian authorities require that all transporters must use Ethiopian transporters. |
|
|
Resolution status note:
|
Ethiopi wrote to COMESA secretariat on 7th January 2008 informing that they were complying with article 57 of the Treaty |
|
|
NTB-000-814 |
1.7. Discriminatory or flawed government procurement policies |
2017-11-17 |
Uganda: Ministry of Finance |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products, Juice, cigarettes. |
|
|
Resolution status note:
|
During the SCTIFI meeting held on 16 November 2018, Uganda reported that she has put in place administrative measures to accord non discriminatory treatment to Kenya products. The NTB is therefore resolved. |
|
|
NTB-000-952 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2020-03-20 |
Burundi: Ministry of Trade, Industry and Tourism |
Tanzania |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Disrimination and denial of Market Access for salt in Burundi.
There was a survey carried by Ministry incharge of Public Health in 2018 in relation to the consumption of salt, that the result revealed that only 52% of Burundians consume adequately iodized salt. On the basis of this survey the Ministry of Trade, Industry and Tourism has taken measures to authorize and license four trading companies as importers of adequately iodized packaged with an iodization rate of between 30 and 60ppm and provided with a certificate of conformity from Standards Bureau of the importing country. The companies authorized and approved by Ministry to import salt in Burundi are the followings;
1. Ubuntu Investment company
2. Geprotus
3. Gitega Business Centre
4. Burundi Import (BIMPO)
No other company or individual is authorized to import and market food salt without the authorization of the Minister in-charge of trade. The issue is the government of Burundi is discriminating other companies to import salt in Burundi. This is against EAC rules and procedures, if the issue is standard of salt there is mutual recognition concerning standard in EAC as per SQMT Act 2016.
|
|
|
Resolution status note:
|
During the RMC meeting held on 1 September 2020, Burundi reported that an official letter of the Ministry of Trade informing that the measure reducing the number of companies importing cooking salt has been removed. Now the economic operators in the salt trade are authorized and encouraged to do so in strict compliance with the law. The letter specifies however that the imported cooking salt must be a finished product, crushed, cleaned, dried and packaged, adequately iodized and provided with a certificate of conformity from the office of Standard of the import country. |
|
|
NTB-000-968 |
1.7. Discriminatory or flawed government procurement policies |
2020-01-10 |
Tanzania: Government Chemists & Lab Allied (GLCA) |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA. |
|
|
Resolution status note:
|
During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved. |
|
|
NTB-000-997 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2018-07-01 |
Uganda: Uganda VAT |
Kenya |
Resolved
2021-10-19 |
View |
|
Complaint:
|
Uganda charges Kenya manufactured excise books VAT at 18%. The VAT is not levied on Uganda locally manufactured books. The discriminative VAT is in violation of Article III of GATT 1994, Article 75(6) of the Treaty establishing the EAC and Article 15 of the EAC Custom Union Protocol as it subjects Kenyan manufactured products to VAT charges not charged on same domestic products in Uganda. |
|
|
Resolution status note:
|
During the Regional Meeting held in October 2021, the Republic of Kenya confirmed that the NTB was Resolved |
|
|
NTB-001-037 |
1.7. Discriminatory or flawed government procurement policies |
2018-03-01 |
Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES |
Kenya |
Resolved
2022-11-03 |
View |
|
Complaint:
|
Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.
Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.
URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
|
|
|
Resolution status note:
|
During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme. |
|
|
NTB-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
|
|
Resolution status note:
|
The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
|
|
NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
Resolved
2024-03-20 |
View |
|
Complaint:
|
Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya
The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda. |
|
|
Resolution status note:
|
Rwanda advised that " According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectioneries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn" |
|
|
NTB-000-077 |
1.6. Domestic assistance programmes for companies
Policy/Regulatory |
2009-07-23 |
South Africa: Industrial Development Corporation |
South Africa |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Industrial Development Corporation (IDC) in South Africa grants concessional credit facilities to productive investments |
|
|
Resolution status note:
|
The 10th meeting of the SADC Committee on Trade Facilitation held on 14-15 JUne 2012 agreed that the subsidy was permissible under the international trade rules and therefore the NTB should be considered resolved. |
|
|
NTB-000-042 |
5.2. Exchange controls |
2004-01-27 |
Zambia: Zambia Bureau of Standards |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
TBT Exchange Rates |
|
|
NTB-000-054 |
5.2. Exchange controls |
2009-02-04 |
Kenya: Private Company |
Mauritius |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Tara Florist of Mauritius reported that they made a payment in advance for an order of cut flowers to Mayfield Growers of Nairobi, Kenya on 17 August, 2007.
Mayfield Growers failed to deliver the products as agreed. Tara Florist has been sending reminders to Mayfield Growers. |
|
|
Resolution status note:
|
Government of Kenya facilitated resolution of the problem in 2007/8 |
|
|
NTB-000-065 |
5.2. Exchange controls |
2009-07-23 |
Lesotho: Ministry of Finance |
Lesotho |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lesotho has restrictive and time wasting foreign exchange limitations |
|
|
Resolution status note:
|
Lesotho reported that this is not an NTB, but a measure taken to monitor and regulate illegal monies and corruption together with money laundering |
|
|
NTB-000-183 |
5.12. Export restraint arrangements |
2009-07-27 |
Malawi: Ministry of Trade |
Malawi |
Resolved
2010-07-22 |
View |
|
Complaint:
|
Export restraint on Unmanufactured tobacco |
|
|
Resolution status note:
|
This is no longer obtaining |
|
|
NTB-000-299 |
5.12. Export restraint arrangements
Policy/Regulatory |
2009-09-09 |
Madagascar: Ministry of Trade |
Madagascar |
Resolved
2011-03-11 |
View |
|
Complaint:
|
Government imposes export constraints on the exportation of wood |
|
|
Resolution status note:
|
This is a measure to safeguard the environment. The elimination of non-tariff barriers will be done gradually.
|
|
|
NTB-000-300 |
5.12. Export restraint arrangements
Policy/Regulatory |
2009-09-09 |
Madagascar: Ministry of Trade |
Madagascar |
Resolved
2010-07-26 |
View |
|
Complaint:
|
Government imposes export constraints on the exportation of wood |
|
|
NTB-000-364 |
5.12. Export restraint arrangements |
2010-02-10 |
Zambia: Ministry of Agriculture |
Zambia |
Resolved
2011-03-04 |
View |
|
Complaint:
|
The Office dealing with export permits for seed in the Ministry of Agriculture in Zambia only opens at 11.00 hours. This causes delay in obtaining the export permits. |
|
|
Resolution status note:
|
Zambia reported that the office opens from 08:00am to 5pm, but collection starts at 11:00am to allow for processing in the morning. |
|
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