| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-309 |
5.3. Export taxes
Policy/Regulatory |
2009-09-09 |
Democratic Republic of the Congo: Ministry of Trade |
Democratic Republic of the Congo |
Resolved
2010-07-30 |
View |
|
Complaint:
|
Export duty is levied on timber. |
|
|
NTB-000-277 |
5.3. Export taxes |
2009-09-08 |
Rwanda: Ministry of Trade |
Rwanda |
Resolved
2011-10-27 |
View |
|
Complaint:
|
Export levies of 15% is charged on unprocessed goat hides |
|
|
Resolution status note:
|
Rwanda hs lifted the ban on exportation of raw hides and skins. However, the 5th EAC regional forum on NTBs held from 1-3 Septmber 2011 noted that the ban was appllied by all EAC countries with the aim to encourage value addition on raw hides towards export. |
|
|
NTB-000-428 |
2.3. Issues related to the rules of origin |
2011-08-01 |
Tanzania: Mbeya |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
EXPORT OF PLASTIC FROM KENYA TO TANZANIA ARE SUBJECTED TO 25% DUTY |
|
|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment. |
|
|
Products:
|
3905.21: Vinyl acetate copolymers, in aqueous dispersion |
|
|
NTB-000-962 |
5.4. Quotas |
2020-04-07 |
South Africa: International Trade Administration Commission of South Africa (ITAC)
South African Revenue Services (SARS) |
|
Resolved
2020-11-26 |
View |
|
Complaint:
|
Export permits were identified by participants as a major issue in South Africa but not an issue outside South Africa. To apply for an export permit, a company engaging in international trade concurrently applies for the export permit approval from the International Trade Administration Commission of South Africa (ITAC), Department of Trade, Industry and Competition (DTIC) and the National Department of Health (NDOH). Once approved by DTIC and NDOH, ITAC provides the exporter with a permit. Once the permit is issued by ITAC, the exporter will send the permit approval to South African Revenue Services (SARS) to issue a customs clearance for export to take place. However, one could have an ITAC permit and not have a SARS customs clearance. Without the SARS clearance, medicines will not be exported.
The issue of export permits is discussed in detail below:
1. Due to the COVID-19, South Africa restricted the export of pharmaceutical products to meet domestic demand. While the objective to meet domestic demand is noble, the challenge is that some medicines limited to export permits are unrelated to COVID-19.
2. Also, application forms keep changing even after engagements with stakeholders with the export products restricted under a single HS code.
3. Another challenge is that essential medicines that are exempt from export permits are subject to export permits. This violates SADC regional guidelines for harmonising and facilitating movement of critical goods and services across the region during the COVID-19
4. Products that are readily available locally are also subjected to export permits (the exception being countries in the Southern Africa Customs Union-SACU). This in turn restricts movement of lifesaving medicines to needy markets and affects company profitability.
5. Participants also highlighted frustration with the slow approval of permits (although it is improving) in South Africa by the International Trade Administration Committee (ITAC), South Africa’s Department of Trade and Industry which is received in a fragmented fashion, resulting in delays, thereby putting products at risk.
6. The above challenges on export permits in South Africa were confirmed by a participant from Mauritius. According to the participant, his company has been unable to order new stock from South Africa since March 2020. Their stock has been depleted due to delays in issuance of export permits by ITAC.
7. Lastly, participants also expressed their frustration with the slow processes by the SARS in processing customs clearance of export permits and noting that the requirements are changing on a regular basis without proper notice.
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|
|
Resolution status note:
|
Following a series of meetings organised by the SADC Business Council and subsequent follow-ups with the Department of Trade Industry and Competition (DTIC) in South Africa, the DTIC on 26 November 2020 amended the COVID-19 export control regulation issued in February 2020 which removed, with immediate effect, the restrictions on export of essential
medicines for SADC countries. |
|
|
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-000-595 |
2.13. Issues related to Pre-Shipment Inspections |
2013-06-10 |
South Africa: Ficksburg Bridge |
Lesotho |
Resolved
2015-03-25 |
View |
|
Complaint:
|
Exporter's containers (in transit to USA) are stopped by South African Revenue Services (SARS) at Ficksburg border post, South Africa and consignments are checked exclusively notwithstanding the fact that they are being checked by the Lesotho Revenue Authority (LRA) before they are dispatched. SARS requires certificate of origin before they can process Electronic Data Interchange and that goods be off-loaded from the containers and then re-loaded and this requires extra manpower thereby adding on the cost of manufacturing. Moreover, exporters have to pay standing charges for transporters as they have to stay overnight at the border as the process takes about 6-12 hours and this impacts negatively on many other shipping processes. The process also causes goods to reach their destinations after the agreed timeframe and as a result exporters fail to meet their customers' requirements.
The incident has happened on more than one occassion. |
|
|
Resolution status note:
|
On 25 March 2015, Lesotho Focal Point reported that the NTB had been resolved and therefore must be removed from the pending cases. |
|
|
NTB-001-016 |
2.10. Inadequate or unreasonable customs procedures and charges |
2021-04-28 |
|
Uganda |
Resolved
2021-10-19 |
View |
|
Complaint:
|
Exporters of mattresses are suddenly required to pay 1250 USD dollars per mattress.This is an unclear tax and exorbitant. |
|
|
Resolution status note:
|
The Republic of Uganda confirmed that the NTB was resolved. |
|
|
Products:
|
9404.2: - Mattresses : |
|
|
NTB-000-160 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Tanzania: Tanzania Bureau of Standards |
Tanzania |
Resolved
2011-08-28 |
View |
|
Complaint:
|
Exports go through unnecessary, onerous and costly testing and documentation procedures, since the TBS, TFDA, Ministry of Health and Tanzania atomic energy authority each have to issue export certification on every export consignment. |
|
|
Resolution status note:
|
Tanzania Revenue Authority reported that TRA does random physical verification as part of risk management analysis before clearing and this is done mainly on textiles motor vehicles. |
|
|
NTB-000-160 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Tanzania: Tanzania Bureau of Standards |
Tanzania |
Resolved
2011-08-28 |
View |
|
Complaint:
|
Exports go through unnecessary, onerous and costly testing and documentation procedures, since the TBS, TFDA, Ministry of Health and Tanzania atomic energy authority each have to issue export certification on every export consignment. |
|
|
Resolution status note:
|
Tanzania reported that Tanzania Institutions have been established and governed by Laws. The process of establishing Testing procedures under one roof is underway. |
|
|
NTB-000-160 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Tanzania: Tanzania Bureau of Standards |
Tanzania |
Resolved
2011-08-28 |
View |
|
Complaint:
|
Exports go through unnecessary, onerous and costly testing and documentation procedures, since the TBS, TFDA, Ministry of Health and Tanzania atomic energy authority each have to issue export certification on every export consignment. |
|
|
Resolution status note:
|
Tanzania reported that Tanzania Institutions have been established and governed by Laws. The process of establishing Testing procedures under one roof is underway. Tanzania Revenue Authority reported that TRA does random physical verification as part of risk management analysis before clearing and this is done mainly on textiles motor vehicles. |
|
|
NTB-000-713 |
2.6. Additional taxes and other charges |
2016-06-30 |
Uganda: Busia |
Kenya |
Resolved
2016-12-07 |
View |
|
Complaint:
|
Exports to DRC are subjected to verifications at Busia border and consignments sealed but an additional charges and verification is done at Busitema where the seal is broken and customer/transporter is charged. |
|
|
Resolution status note:
|
The NTB was resolved during the 22nd EAC NTBs Forum held in December 2016 |
|
|
NTB-000-261 |
7.4. Costly procedures |
2009-09-08 |
Angola: Ondjiva Customs |
Namibia |
Resolved
2011-11-30 |
View |
|
Complaint:
|
Extended and unpredictable turnaround time resulting in additional costs of trucking into Angola. |
|
|
Resolution status note:
|
During the NTBs national workshop held in Angola on 30 November 2011 it was reported that customs observations were that truck drivers leave trucks at the Angola borders for 3 or more days and return to Oshikango to resolve personal issues, claiming that they are processing documents. Too many trucks are parked at the border without information where the drivers are. In some cases drivers have reported that they are not clear of the physical addresses of destination of the load in Angola. Angola Customs is investing in creating the best conditions for commercial and non commercial border users. Santa Clara border is undergoing a massive expansion with a view to become a regional and international example of trade facilitation infrastructures. |
|
|
NTB-000-387 |
7.9. Inadequate trade related infrastructure |
2010-12-03 |
Zimbabwe: Victoria falls |
Zambia |
Resolved
2011-06-06 |
View |
|
Complaint:
|
Flt Ks 131 ACK 5928/ACE 6891 T/ ACC 4918 T. This vehicle has a GVM of 54.4 tons on the Lstone weighbridge but is declared at 57.13 tons in Vic Falls.
The truck has been refused a reweigh for 4 days which is against the normal practice.
This is an electronic weighbridge and from vast experience on Zambian weighbridges, it is suspected that the weight is recorded incorrectly by the operator pressing the enter button before the weighbridge settles and therefore recording a higher weight than actual.
Zimbabwe is also charging exccessive fines above the SADC recommended scale of fines by demanding a rate massively in excess. Zimbabwe also does not give a percentage allowance as per SADC agreement. |
|
|
Resolution status note:
|
On 06 June 2011, Zimbabwe reported that that the Victoria Falls Weighbridge was calibrated (standardised) in mid-March 2011. The Ministry of Industry and Commerce's Trade Measures Department together with the Vehicle Inspection Department (VID) carried out the standardisation process. Zimbabwe has not yet received any complaints since then. |
|
|
NTB-000-668 |
8.8. Issues related to transit |
2015-02-17 |
Uganda: It is the Police of Iganga in the Republic of Uganda who take in hostage of the truck and its driver because they get and accident. |
Burundi |
Resolved
2015-12-21 |
View |
|
Complaint:
|
Following the accident held in IGANGA in the Republic of Uganda on 17 February, 2015 at 19h30, east african time, the truck which is registered in Burundi has been taken in hostage by Uganda Police until today and the driver is in prison at IGANGA. The truck have a COMESA Insurance that occurs wherever you are in the sub region.The COMESA insurance number is 0067772 (truck ) and 0067773 (trailer) valid from 23/03/2014 to 03/22/2015. The truck has the registration number of A2588A (truck) and T0110A (trailer). We are requesting that this truck and its driver can be released, so that they can continue their travel. Note that the truck contains the construction materials and shoes and was returning to Burundi. |
|
|
Resolution status note:
|
On 21st December 2015, Uganda Focal Point reported that they had contacted the Police Chief- Director of Traffic who is also a member of the NMC. The truck was released long time ago and therefore this is a resolved NTB. |
|
|
NTB-000-668 |
8.8. Issues related to transit |
2015-02-17 |
Uganda: It is the Police of Iganga in the Republic of Uganda who take in hostage of the truck and its driver because they get and accident. |
Burundi |
Resolved
2015-12-21 |
View |
|
Complaint:
|
Following the accident held in IGANGA in the Republic of Uganda on 17 February, 2015 at 19h30, east african time, the truck which is registered in Burundi has been taken in hostage by Uganda Police until today and the driver is in prison at IGANGA. The truck have a COMESA Insurance that occurs wherever you are in the sub region.The COMESA insurance number is 0067772 (truck ) and 0067773 (trailer) valid from 23/03/2014 to 03/22/2015. The truck has the registration number of A2588A (truck) and T0110A (trailer). We are requesting that this truck and its driver can be released, so that they can continue their travel. Note that the truck contains the construction materials and shoes and was returning to Burundi. |
|
|
Resolution status note:
|
Uganda Focal Point contacted the Police Chief- Director of Traffic who is also a member of the NMC. The truck was released long time ago and therefore this is a resolved NTB. |
|
|
NTB-000-401 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-03-01 |
Mozambique: Customs Authority |
Mozambique |
Resolved
2011-09-29 |
View |
|
Complaint:
|
For certain types of commodity such as cement, maize, and sugar Mozambican Customs requires a customs escort for transit cargo out of Beira Port to the hinterland. The customs escort costs 5,000Mt for between one and five trucks in a convoy. However: customs escorts cannot be arranged ahead of time and can only be arranged on presentation of a full set of completed clearance documents to customs; customs at Beira Port does not operate at weekends meaning that cargo loaded on a Friday afternoon after 3.30pm or over the weekend and requiring an escort must wait until Monday to move. In practice customs does not always have people available to escort convoys meaning that the documents required for clearance are given to the last driver in the convoy and only when this driver reaches the border can all the trucks in the convoy be cleared out of Mozambique |
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|
Resolution status note:
|
At the conusltative meeting held between SADC Secretariat and Mozambique focal points on 19 September 2011, ands subsequent meeting between SADC Secretariat, Cornelder de Mozambique, on 22 September 2011in Beira, Mozambique reported that Customs escorts are properly coordinated such that companies can make arrangements for escorts taking place during weekends well in advance. Customs at Beira have arrangements for availability of customs officer at all times to facilitates escorts. However, all documnetation for weekend escorts must be processed during office hours. |
|
|
NTB-000-398 |
7.8. Consular and Immigration Issues |
2011-02-22 |
Mozambique: Ministry of Interior - Immigration Department |
Mozambique |
Resolved
2011-09-19 |
View |
|
Complaint:
|
Foreigners are required to have a biometric document, either visa or residence document. This document is issued by the Ministry of Interior. The fees for issuing such documents are substantially higher than the cost of issuing the actual document, given that a passport containing a number of pages is charged at a much lower rate than a visa or residence document, while a visa is a sticker in a passport and a residence document is a simple plastic credit card-style ID. In addition for any national that is not from a Lusophone country a surcharge is levied over and above the cost of issuing the document. There is no indication of what this surcharge is levied for, since it does not equate to the service of actually issuing the document (which is covered by the actual document fee). |
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|
Resolution status note:
|
Mozambique reported that there is no regional fee standard to benchmark with. Visas are issued by a private sector company. Ministry of Interrior does not therefore control the visa fees. |
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Products:
|
98: Reserved for national use |
|
|
NTB-000-552 |
2.2. Arbitrary customs classification
Policy/Regulatory |
2012-11-01 |
Zimbabwe: Head Office Zimra |
Zimbabwe |
Resolved
2013-08-07 |
View |
|
Complaint:
|
form 47 which is customs declaration form on Rebate states, who enjoys travellers rebate and marked(excluding) reads excluding Any person employed as the pilot or master or any member of the crew of an aircraft, ship or vehicle arriving from outside Zimbabwe ,bus crew members,drivers are also included,why are they not given rebate allowance as other nationalities, this is a national benefit why excluding them , what benefits do they have as bus crew members? even the remission they dont understand about it even to be given that remmission they are not, this is the other reason why bus crew members are involved in smuggling with border officials, give them an allowance on daily basis |
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Resolution status note:
|
On 7th August 2013, Zimbabwe Revenue authority reported that , travelers rebate excludes "any person employed as the pilot or master or any member of the crew, of an aircraft, ship or vehicle arriving from outside Zimbabwe" This is in terms of Section 114 of the Zimbabwe Customs and Excise General Regulation Statutory Instrument 154 of 2001. This is therefore a legal requirement and it is mandatory that this be implemented. The same regulations also provide for a remission of duty for a consignment of a maximum value of US$20.00 every time one travels. Once the consignment exceeds the US$20.00 duty is paid on the full value of the consignment. Please note that smuggling of goods is an offence which may lead to seizure of the goods and at times prosecution and is therefore discouraged.
Based on this explanation, SADC secretariat advised that the NTB be marked resolved. |
|
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NTB-000-603 |
2.9. Issues related to transit fees |
2013-05-01 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2013-09-13 |
View |
|
Complaint:
|
From May 2013 the government of Mozambique introduced a single window entry customs system which requires transiting goods should pay a transit bond on crossing Mozambique. However since implementation to date the system is not working properly as trucks are forced to stop at borders viz:- Zobue, Cuchamano, Miranje just to mention a few for long periods in some instances x3 weeks to a month before they can be cleared to cross. This is mainly because Mozambique bond is different to the rest of the regions bond sytems. In Mozambique they require a bond agent to post the equivalent amount of bond being applied for in cash value, i.e. if bond is USD1,000,000 then the agent has to hand over USD1,000,000 in cash either to govt or customs for the bond to be established. This has resulted in few people able to afford bond as such only a few agents are available and at the same time goods requiring their services are just huge volumes with huge values that the bonds are not sufficient to carter for all transiters. This is making exporters or importers waste a lot of time at the border thereby missing delivery schedules. At the same time transporters are raising freight charges as they are only able to make a single trip in a month than they used to do previously, almost x4 minimum. This is causing rising costs of goods in neighbouring countries and also missed opportunities for private traders like our company. |
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Resolution status note:
|
On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.
Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.
The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.
10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. |
|
|
Products:
|
0902.40: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of > 3 kg |
|
|
NTB-000-494 |
2.3. Issues related to the rules of origin |
2012-04-17 |
Tanzania: Namanga |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Furniture International Ltd had reported in 5th April that locally manufactured furniture in Kenya with an EAC certificate of origin have been stuck in Namanga borders for more than two weeks that means in mid March. The company ended up paying full duties and incurred a loss of more than US$ 3,000. Three is need for mutual recognition between TRA and KRA in regard to certificates of origin since for example the case cited goods were clearly marked made in Kenya. |
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Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a once off incident which has been corrected. |
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