| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-764 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Bureau of Standards |
Kenya |
Resolved
2018-02-09 |
View |
|
Complaint:
|
Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards. |
|
|
Resolution status note:
|
During the Extra Orinally SCTIFI that sat in February, 2018, Tanzania reported that they recognise quality marks on products from other EAC Partner States. Hence this NTB is resolved. |
|
|
NTB-000-765 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Tanzania does not recognize price adjustments for duty purposes particularly the reduction by milk processors in Kenya. |
|
|
Resolution status note:
|
During the Regional Monitoring Committee meeting of 2018, Tanzania reported that, this is not an NTB but a valuation issue that can be resolved between the revenue authority and the importer. KRA and TRA were therefore quested to hold a bilateral meeting to resolve the matter by 21st November 2018.2. The Regional meeting held from 29 April - 3 May 2019 referred the matter to the Committee on Customs for resolution. |
|
|
NTB-000-766 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products. |
|
|
Resolution status note:
|
During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved. |
|
|
NTB-000-767 |
7.4. Costly procedures |
2017-05-05 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-04-30 |
View |
|
Complaint:
|
TFDA delays issuance of registration certificate causing Kenyan companies to lose out on trade. The finalization of the accepted label can take between 3-12 months. This additionally increase the cost of doing business as a manufacturer would have to pay certification fees more than three times to have one label approved due to the deadlines imposed in terms of getting labels approved. Kenya products have been stranded at the borders or manufacturers warehouse because they have not passed TFDA requirements. |
|
|
Resolution status note:
|
Tanzania informed the Regional Monitoring Committee meeting on 3rd May 2019, that TFDA had reduced the certification period from 3- 12 months to 45 days as per international requirements. She observed that most delays were caused by late submission of required information by agents at the time of processing the registration and therefore urged Partner States to respond to queries logged on them on time , to avoid unnecessary delays. |
|
|
NTB-000-770 |
7.4. Costly procedures |
2017-05-05 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance. |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November 2018, Tanzania reported that since the commencement of the SCT, goods are not verified at the border and hence there are no more delays. NTB was therefore resolved |
|
|
NTB-000-772 |
1.14. Lack of coordination between government institutions
Policy/Regulatory |
2017-05-05 |
Tanzania: Ministry of Works, Transport & Communication |
Kenya |
Resolved
2018-01-17 |
View |
|
Complaint:
|
Tanzania are charging railway development levy (RDL) to Kenya products. Tanzania is not adhering to the EAC law where it states clearly that products within the EAC should not be subjected to RDL |
|
|
Resolution status note:
|
During the Bilateral meeting that took place in January 2018, the Permanent/ principal Secretaries took note that Tanzania does not levy RDL on products originating in the EAC region. And hence the NTB was Resolved. |
|
|
NTB-000-773 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2019-05-03 |
View |
|
Complaint:
|
Lack of preferential treatment of packaging materials for beverages i.e. juice, milk etc manufactured in Kenya when exported into Uganda. |
|
|
Resolution status note:
|
Kenya informed the 27th Regional Monitoring Committee meeting on 3rd May 2019 that Uganda is now recognising the packaging materials from Kenya.
The NTB was resolved. |
|
|
NTB-000-774 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of paper sacks manufactured in Kenya and exported into Uganda |
|
|
Resolution status note:
|
During the SCTIFI meeting held on 16 November 2018, Uganda reported that the NTB was resolved for Companies that are not under Duty remission. |
|
|
NTB-000-775 |
2.8. Lengthy and costly customs clearance procedures |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
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 SCTIFI meeting held on 16 November 2018 was informed that this NTB had been resolved. |
|
|
NTB-000-807 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Denial of preferential treatment on automotive products manufactured in Kenya by Toyota Tsusho East Africa Ltd. (TTEA) when exported to Tanzania i.e. for both Toyota Land cruiser 79 pickups and Hino trucks and buses. The products are being subjected to full CET duties. |
|
|
Resolution status note:
|
During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Tanzania reported that she observed EAC RoO on Motor vehicles which grants preferential treatment for automotive products assembled in EAC Partner States. Kenya reported during the Forum that this issue was resolved. |
|
|
NTB-000-808 |
2.3. Issues related to the rules of origin |
2017-06-01 |
|
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania. |
|
|
Resolution status note:
|
The SCTIFI in November, 2018 was informed that where the certificate of origin is queried, goods should not be stopped from moving but the custom administration should call for a bond as security of the goods until the verification exercise is complete.
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Separation of materials) of the EAC Rules of Origin.
Kenya reported that the NTB for Lubricants & edible oils has been resolved. |
|
|
NTB-000-809 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Uganda: Uganda Revenue Authority |
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:
|
The SCTIFI meeting held on 16 November 2018 was informed that Uganda had reported that the Company manufacturing the referenced products was under duty remission regime and hence should attract full CET but it was later confirmed that it is not under duty remission and the Uganda Revenue Authority started granting preferential Treatment. The NTB was resolved. |
|
|
NTB-000-813 |
4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons
Policy/Regulatory |
2017-11-17 |
Uganda: Ministry responsible for Agriculture |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Ban on importation of poultry and poultry products. |
|
|
Resolution status note:
|
During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Kenya and Rwanda reported that the ban on entry of poultry products from Uganda based on the ban from the Veternary and Health Regulatory Authorities had been lifted . |
|
|
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-000-815 |
2.2. Arbitrary customs classification |
2017-11-17 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2019-05-31 |
View |
|
Complaint:
|
Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September |
|
|
Resolution status note:
|
On 7th October 2019, the EAC Secretariat reported that all issues of valuation were considered and resolved by the Customs Committee in May 2019 |
|
|
NTB-000-816 |
1.1. Export subsidies |
2018-03-01 |
Tanzania: Tanzania Revenue Authorities |
Kenya |
Resolved
2019-10-15 |
View |
|
Complaint:
|
LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA |
|
|
Resolution status note:
|
During the Regional Monitoring Committee held on 14th October, 2019 Tanzania has implemented the recommendations of the verification mission on confectionaries. Hence the NTB is resolved. |
|
|
NTB-000-840 |
2.3. Issues related to the rules of origin |
2018-09-06 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania not granting preferential tariff treatment and non-recognition of EAC Certificate of Origin issued by KRA to leaf springs. |
|
|
Resolution status note:
|
Kenya reported during the 25th EAC Regional Forum on NTBs that it was Resolved |
|
|
NTB-000-821 |
6.5. Variable levies
Policy/Regulatory |
2017-02-21 |
Zambia: Zambia Revenue Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production. |
|
|
Resolution status note:
|
Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB. |
|
|
NTB-000-835 |
8.1. Government Policy and regulations
Policy/Regulatory |
2018-01-19 |
Tanzania: Namanga |
Kenya |
Resolved
2019-05-03 |
View |
|
Complaint:
|
KNCCI as a business membership organization, is in receipt of complaints that the chemical sector is being requested by the United Republic of Tanzania to:
1. Pay Tshs 90,000 equivalent to Kshs 4,500 annually for the Government Chemical Laboratory Transport Permit to allow them to transport their chemical products to their customers. The permit takes about 3 weeks for it to be approved
2. Register the companies in Tanzania and to use Tanzanian registered Vehicles instead of Kenyan registered vehicles to transport their products to the customers
The above is in addition to the import tax that the companies pay hence it is felt that these are additional costs being levied on the manufacturers/exporters |
|
|
Resolution status note:
|
anzania informed the Regional Monitoring Committee on 3rd May, 2019 that:
1. According to the EAC vehicle load Act 2016, the permit is mandatory and hence is not an NTB.
2. The permit is now issued immediatly and is online since 1st April, 2019 www.portal.gcla.go.tz; www.gcla.go.tz
3. Registration of the transporter is mandatory in Tanzania due to the sensitivity of the goods and public health. This is a regional and international requirement.
4. GCLA does not require other Partner States to use Tanzania registered vehicles when transporting chemicals into Tanzania. It is the Company that needs to be registered by GCLA.
The meeting agreed that all Partner States should sensitze their business community on the requirements for the transportation and handling of Chemicals in region in accordance with Regional and International Laws.
The NTB was resolved. |
|
|
NTB-000-839 |
2.3. Issues related to the rules of origin |
2018-01-04 |
Uganda: Busia |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
LACK OF PREFERENTIAL TREATMENT ON CONFECTIONERY PRODUCTS FROM KENYA BY UGANDA |
|
|
Resolution status note:
|
A verification was done and Uganda implemented the recommendations of the verification mission. |
|
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