Resolved complaints

Showing items 201 to 220 of 914
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 (additional)
COMESA
EAC
SADC
Status Actions
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
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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
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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
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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
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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
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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-001-283 1.7. Discriminatory or flawed government procurement policies 2025-07-07 Tanzania: TRA Kenya Resolved
2026-02-05
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Complaint: Tanzania imposition of discriminatory EXCISE DUTY OF TZS 400/KG on exports/Transfers that hinders ON SAFETY MATCHES export from Kenya into Tanzania. The same is not subjecting to SAFETY MATCHES manufactured in Tanzania.  
Resolution status note: The REC Focal point advised that this matter is in the courts therefore cannot be considered as NTB.  
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
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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-001-014 1.6. Domestic assistance programmes for companies
Policy/Regulatory
2021-03-17 South Africa: Rhodes Quality, Cape Town Botswana Resolved
2026-04-15
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Complaint: We are a freight logistics company based in Gaborone, Botswana(100% citizen). During registration on supplies portals in South Africa they require us (Foreign freight logistics companies without branches in South Africa ) to be BBBEE compliant despite we providing them with all company documents verifying that we are foreign based with Head Offices out of South Africa borders. Because of the nature of our business which compels us to conduct cross border transportation, South African supplies would immediately inform us we can't do business with them on the basis of non - compliant on BBBEE requirements. Arrangement in place promotes South African transporters to do cross border and prohibits foreign transporters to haul commodities back to country of operation. Please note we are not issued with any documents as a dispensation on our Head offices out of South African borders.

Kindly assist in the best possible way.
 
Resolution status note: The SADC Regional workshop on NTBs heled on 14-15 April 2026 agreed that the requirement by South Africa for foreign companies to comply by the national investment codes is not a NTB therefore this matter is resolved  
NTB-000-042 5.2. Exchange controls 2004-01-27 Zambia: Zambia Bureau of Standards Zimbabwe Resolved
2010-11-22
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Complaint: TBT Exchange Rates  
NTB-000-054 5.2. Exchange controls 2009-02-04 Kenya: Private Company Mauritius Resolved
2009-02-04
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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
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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
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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
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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
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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
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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.  
NTB-000-222 5.12. Export restraint arrangements 2009-07-28 Zambia: Ministry of Trade Zimbabwe Resolved
2011-03-04
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Complaint: Restriction of coffee exports and exports of paste detergents to Zimbabwe  
Resolution status note: Zimbabwe reported that there are no more restrictions on these exports.  
NTB-000-222 5.12. Export restraint arrangements 2009-07-28 Zambia: Ministry of Trade Zimbabwe Resolved
2011-03-04
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Complaint: Restriction of coffee exports and exports of paste detergents to Zimbabwe  
Resolution status note: Zimbabwe reported that there were no more restrictions on the export of coffee  
NTB-000-066 5.12. Export restraint arrangements 2009-07-23 Lesotho: Ministry of Mines Lesotho Resolved
2011-07-28
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Complaint: Lesotho has put in place official regulations affecting exports of diamonds and manufactured products which are :
Export and Import control Act 1984
Examination and Movement certificate
 
Resolution status note: The meeting establishing Lesotho NMC held on 09 August 2011 in Maseru resolved that Lesotho's imposition of this requirement is accordance to article 9 (e) of the SADC Protocolon trade and therefore not an NTB. It was also observed that reporting country had not objected to Lesotho explanation submitted to the 9th meeting of the SADCSub Comitttee on Trade facilitation held in Gaborone on 27 July 2011. This matter is therefore considered resolved.  
NTB-000-184 5.12. Export restraint arrangements
Policy/Regulatory
2009-07-27 Malawi: Ministry of Trade Malawi Resolved
2010-11-22
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Complaint: Export ban on maize, maize meal and other maize byproducts.  
Resolution status note: Malawi reported that the ban was effected when national stocks of maize were low but licenses were routinely given after the situation improved  
NTB-000-264 5.12. Export restraint arrangements
Policy/Regulatory
2009-09-08 Namibia: Ministry of Trade Namibia Resolved
2010-11-22
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Complaint: An export licence is required for all non-SACU SADC exports,even if product does not feature on the positive list. No general export licencing applies to SACU trade.  
Resolution status note: Namibia reported that an export permit but not a license is required for controlled products only  
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