Resolved complaints

Showing items 201 to 220 of 855
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-000-285 2.7. International taxes and charges levied on imports and other tariff measures 2009-09-08 Zambia: Ministry of Trade Namibia Resolved
2010-11-22
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Complaint: The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of salt under the SADC Trade Protocol.  
Resolution status note: Zambia reported that she is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol  
NTB-000-287 2.7. International taxes and charges levied on imports and other tariff measures 2009-09-08 Zambia: Other Zambia Namibia Resolved
2010-11-22
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Complaint: The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of pasta under the SADC Trade Protocol.  
Resolution status note: Zambia reported that Zambia is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol.  
NTB-000-286 2.7. International taxes and charges levied on imports and other tariff measures 2009-09-08 Zambia: Ministry of Trade Namibia Resolved
2010-11-22
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Complaint: The Zambian Government is delaying implementation of phase down schedule of tariffs for imports of fishmeal under the SADC Trade Protocol.  
Resolution status note: Zambia reported that she is on schedule in terms of implementing her obligations under the SADC Trade Protocol. As a result of Zambia’s successful implementation of the Trade Protocol, Zambia participates in the SADC Free Trade Area. The tariff liberalization of category C is continuing up until 2010 as provided for in the SADC Trade Protocol.  
NTB-000-220 2.2. Arbitrary customs classification 2009-07-28 Zambia: Zambia Revenue Authority Zambia Resolved
2010-11-22
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Complaint: The valuation of imported goods carried by Small cross border traders is not transparent. Customs officials rely on power to impound imported goods to make small scale cross border traders pay rather suspicious duties.  
Resolution status note: Zambia reported that she is using the WTO Customs Valuation procedure, and has an appeals mechanism to address complaints from the traders  
NTB-000-642 2.9. Issues related to transit fees 2014-12-09 Tanzania: Dar-es-Salaam Port Burundi Resolved
2014-12-11
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Complaint: The United Republic of Tanzania via the Ministry of Health and Social Welfare is charging USD200 as registration fee for transit permit on each transit container which contain which contain Chemical products.  
Resolution status note: At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that the levy was abolished in 2012.This NTB is therefore resolved.  
NTB-000-963 2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory
2020-06-01 Kenya: At Taveta border post Rwanda Resolved
2020-09-10
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Complaint: The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017  
Resolution status note: During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved.  
NTB-000-118 1.3. State subsidies, procurement, trading, state ownership 2009-07-26 Seychelles: Seychelles Marketing Board Seychelles Resolved
2010-11-22
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Complaint: The State participates in trading through the Seychelles marketing Board. The State Trading Company has an unfair competitive advantage over private traders.  
Resolution status note: Seychelles reported that SMB no longer in existence. Successor company STC privatised.  
NTB-000-722 2.8. Lengthy and costly customs clearance procedures 2016-08-29 South Africa: OR Tambo International Airport Lesotho Resolved
2016-11-25
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Complaint: The South African Revenue Services at OR Tambo have detained consignment destined for Maseru since 29 August 2016 without explanation. This is yet another time when our goods are detained for more than a week and yet they are destined for Lesotho and not South Africa. The airway bill clearly has the address of the importer being in Lesotho but South African Customs detains the goods nonetheless. South African Customs is requested to explain the rationale for detaining goods destined for other countries , in this case Lesotho and whether it is lawful that goods which arrived on 29 August are still detained?  
Resolution status note: Dear Focal Points South Africa and Lesotho,

This issue was resolved long time ago. However, the SADC secretariat recommended that a long term solution be secured that responds to such questions as asked by Lesotho on above comment. You are kindly requested to recommend a way forward on the long term solutions. Otherwise we need to resolve this NTB as per current status . South Africa Focal point is of the view that we resolve it and I agree. This NTB is therefore resolved on the understanding that the Focal Points of Lesotho and South Africa will make necessary arrangements to ensure that the problem does not repeat itself in future now that it has been identified.

System administrator
 
NTB-000-694 2.8. Lengthy and costly customs clearance procedures 2016-05-10 South Africa: OR Tambo International Airport Lesotho Resolved
2016-05-17
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Complaint: The South African Revenue Authority ( SARS) are delaying release of goods imported through OR Tambo airport . SARs has detained ur goods for seven days now since 10th May without an explanation. It is the second time that the goods we are importing for business are detained at OR Tambo by Customs. The goods arrived on 10 May 2016, and they are still not released by today 17 May 2016. We are concerned that SARS may demand us to pay for storage and yet we do not understand why Customs has detained the goods for this long? My company has already lost revenue and missed on opportunity to sell and the demand for storage payment will cripple our business? We therefore request that SARS expedites release of our goods .  
Resolution status note: The consignment was identified by SARS Case selection for inspection by the Customs Border Control Unit and subsequent to the inspection, the consignment was detained for proof of payment, original invoice and also to verify the importer’s code. Due to the Master Airway Bill stating final destination as Johannesburg (refer to Airway Bill attached under Airport of Destination), it was difficult for the inspection team to identify if the goods were in transit. This was only discovered after the client informed SARS that the goods in question was an RIT entry to Lesotho.

After the client informed SARS of the status of the consignment, the goods were then released on 17 May 2015

Our advise going forward is that in order to avoid future delays, the documents should clearly state the final destination as Maseru, Lesotho.
 
NTB-000-490 2.3. Issues related to the rules of origin 2012-01-12 Tanzania: It happened at Rusumo border post Rwanda Resolved
2012-04-26
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Complaint: The simplified trade regime to enhance cross border trade is not implemented since the simplified certificate of origin is not used. For the certificate of origin to be accepted, each country has to provide a list of products that regularly cross the border. Rwanda Revenue Authority on 16th September 2011, send a request to Tanzania asking for the list of common traded goods at our borders but did not receive a response.  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012,Tanzania reported that it launched the simplified trade regime at Rusumo border in March 2012. Tanzania has inaugurated and exchanged the list with Rwanda and the rate is no longer US$500 but US$2000 as from 16 March, 2012  
NTB-000-075 2.10. Inadequate or unreasonable customs procedures and charges 2009-07-23 SADC Botswana Resolved
2019-11-21
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Complaint: The SADC region has different border operating times and this inhibits intra regional trade  
Resolution status note: The SADC Secretariat submitted the following detailed progress report resolving the NTB.
The 29th Meeting of the Sub-Committee on Customs Cooperation (SCCC) held on 8-9 May 2019, in Gaborone, Botswana, recalled that that the 13th meeting of the Ministerial Task Force (MTF) on Regional Economic Integration held in July 2013 in Maputo, Mozambique, recognized that impediments to movement of goods across the SADC region should be urgently addressed. The MTF committed to take measures to address the following as “quick wins” to enhance border efficiencies and trade facilitation at selected borders:
a) Harmonization of operating hours at all adjacent borders with different operating hours such as Chirundu, Kasumbalesa, Kasumulo/Songwe border crossings in order to reduce congestion and enhance trade facilitation;
b) Review the hours of operation in order to cater for high traffic volumes and meet the requirements of trade at the following border posts:
(i) Chirundu (Zambia/Zimbabwe);
(ii) Kasumbalesa (DRC/Zambia);
(iii) Kasumulo/Songwe (Tanzania/Malawi);
(iv) Kazungula ( Botswana/Zambia/Zimbabwe);
(v) Machipanda/Forbes (Mozambique/Zimbabwe);
(vi) Calomue/Dedza (Mozambique/Malawi);
(vii) Nyamapanda/Cuchamano (Zimbabwe / Mozambique);
(viii) Tunduma/Nakonde (Zambia/Tanzania); and
(ix) Ramokgwebana/Plumtree (Botswana/Zimbabwe)
(x) Santa Clara/Oshikango (Angola/Namibia).
c) Agreed to be proactively involved in the implementation of the one-stop border post (OSBP) programme at the borders to support the following priorities as identified in the Regional Infrastructure Development Master Plan short-term plan:
(i) Kasumbalesa (DRC / Zambia);
(ii) Kazungula ( Botswana / Zambia /Zimbabwe);
(iii) Tunduma / Nakonde (Zambia/Tanzania);
(iv) Mwami / Mchinji (Zambia / Malawi);
(v) Chiponde/ Mandimba (Malawi/Mozambique); and
(vi) Trans- Kalahari / Mamuno (Namibia/ Botswana).

SCCC also noted that the matrix on Progress on Border Management was circulated in March 2019 to all Member States in order to provide an update on the implementation of the trade facilitation initiatives but the submission was received only from South Africa.

The meeting urged the Member States to provide an update on the implementation of the trade facilitation initiatives by latest 30th May 2019
The SCCC:
(i) noted the progress on the implementation of the trade facilitation through initiatives in border management;
(ii) urged the Member States to expedite the implementation of the agreed trade facilitation measure to enhance efficiencies and border crossing as directed by the Ministerial Task Force on Regional Economic Integration; and
(iii) requested the Member States to submit any further updates with respect of initiatives being undertaken at major border posts in terms of extension and harmonization of border operating hours, One-Stop Border Posts, and Coordinated Border Management
The Secretariat received the update on harmonization of operating hours at all adjacent borders with different operating hours in order to reduce congestion and enhance trade facilitation and compiled in the table below.

MAIN SADC BORDERS: HARMONIZATION OF OPERATING HOURS -2019
Border Post Countries Opening hours
1 Kasumbalesa RD Congo / Zambia Both sides operate from 06h00 to 18h00.
2 Luvu/Lufu Angola/ DRC Both sides operate from 06h00 to 18h00.
3 Kazungula Ferry Botswana / Zambia Both sides operate from 06h00 to 18h00.
4 Victoria Falls Zimbabwe/ Zambia The hours of operation are 06h00 to 22h00.
5 Beitbridge / Mesina South Africa/Zimbabwe The border operates 24hs
6 Nakonde / Tunduma Zambia / Tanzania The border operates 24hs
7 Kasumulu / Songwe Tanzania /Malawi Malawi operating from 06h00 to 18h00 and
Tanzania from 07h00 to 19h00 (time zone)
8 Mwami / Mchinji Malawi/ Zambia The borders operate 24 hours. However, for
Commercial, it is from 06h00 to 18h00

9 Chiponde / Mandimba Malawi/ Mozambique Both sides operate from 06h00 to 18h00
10 Zobue / Mwanza Mozambique/Malawi Both sides operate from 06h00 to 21h00
11 Machipanda / Forbes Mozambique/Zimbabwe Both sides operate from 06h00 to 20h00
12 Nyamapanda / Cuchamano Mozambique/Zimbabwe Both sides operate from 06h00 to 20h00.
13 Trans-Kalahari / Mamuno Namibia / Botswana Both sides operate from 07h00 to 24h00.
14 Kazungula Ferry Botswana /Zambia Both sides operate from 06h00 to 18h00.
15 Ramokgwebane / Plumtree Botswana/ Zimbabwe Both sides operate from 06h00 to 22h00.
16 Kopfontein / Tlokweng South Africa/ Botswana Both sides operate from 06h00 to 24h00
17 Beitbridge / Mesina South Africa/Zimbabwe The border operates 24hs
18 Lebombo / Ressano Garcia South Africa/ Mozambique Both sides operate from 06h00 to 24h00
19 Santa Clara / Oshikango Angola/ Namibia Both sides operate from 08h00 to 18h00
20 Jimbe / Jimbe Angola/ Zambia Both sides operate from 06h00 to 18h00.
21 Maseru Bridge Port of Entry Lesotho / South Africa The border operates 24hs
22 Lomahasha / Namaacha Mozambique/ Eswatini Both sides operate from 07h00 to 24h00
23 Goba Border Post / Mlhumeni Mozambique/ Eswatini The border operates 24hs
24 Golela Border / Lavumisa Mozambique/ Eswatini Both sides operate from 07h00 to 22h00
25 Border Posts / Mananga Mozambique/ Eswatini Both sides operate from 07h00 to 22h00
26 Oshoek Border / Ngwenya Eswatini/South Africa Both sides operate from 07h00 to 22h00
 
NTB-001-025 8.1. Government Policy and regulations 2021-08-10 Malawi: SONGWE KARONGA BOX 8 WEIGHBRIDGE Rwanda Resolved
2023-04-06
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Complaint: The Rwanda truck carrying Fertilizer TPT from Tanzania to Malawi Lilongwe was refused to enter Malawi and charged USD 1000 for violating third country rule a provision that is being applied betwen Zambia and Malawi to protect their national transport operators against foreign transporters not registered in Malawi. This is a discrimination against other trucks transporting goods to Malawi  
Resolution status note: The COMESA workshop on Capacity building for Member States held on 2- 6 April 2023, reviewed this matter and recommended that the Secretariat to recommend to Rwanda to regard this NTB as resolved considering that there are Legal Instruments supporting its implementation. The relevant transport instruments would be shared with Rwanda.  
NTB-000-910 2.3. Issues related to the rules of origin
Policy/Regulatory
2019-08-28 Rwanda: Rusumo Tanzania Resolved
2020-09-01
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Complaint: The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania.  
Resolution status note: During the RMC meeting held on 1 September 2020, Rwanda reported that the preferential treatment is being granted for these goods. Hence the NTB is resolved.Tanzania to consult the company concerned and provide feedback.  
NTB-000-958 8.6. Vehicle standards 2020-05-20 Mozambique: Dondo Weigh Bridge -19.578854, 34.728999 Resolved
2022-10-20
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Complaint: The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.

On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.

According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.

Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.

The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.

Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
 
Resolution status note: Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints.
 
NTB-000-690 2.4. Import licensing 2015-12-11 Malawi: Mwami Zambia Resolved
2017-05-17
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Complaint: The Republic of Malawi has amended the Control of Goods Act CAP 18:08 to make the order which can be cited as the Control of Goods (Import and Export) (Commerce) Order, 2015 a Statutory Instrument placing import restrictions on products which include cement, refined cooking oil, laundry soaps among other things. The effect of the enactment is that cross border traders now require an Import License to import the goods that are subject to this Statutory Instrument into the Republic of Malawi. This development has had adverse effects on the company that is in the business of exporting and importing various products to and from Malawi. Currently, trucks carrying cement are being denied entry into Malawi and this has resulted in considerable amount of economic loss for the company.  
Resolution status note: During the 15th Meeting of SADC Committee on Trade Facilitation, Malawi Focal Point reported that, 'While there were some erroneous issues with regard to the dates of the Statutory Instrument and the complaint itself I wish to report that this complaint was resolved last year at a COMESA Meeting on NTBs. The same was reported to the COMESA Policy organs Meetings in Antananarivo Madagascar in October 2016. It should be noted that the Inter-governmental Committee (COMESA Committee of Permanent Secretaries) and the COMESA Council of Ministers endorsed the fact that this NTB complaint was resolved'.
This NTB is therefore resolved on the basi of COMESA Ministerial decision above.
 
Products: 25: Salt; sulphur; earths and stone; plastering materials, lime and cement  
NTB-001-144 2.13. Issues related to Pre-Shipment Inspections 2023-11-10 South Africa: Durban sea Port Lesotho Resolved
2024-05-31
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Complaint: The Release Documents is 7 days prior to vessel arrival because of cargo dues and upon receiving Arrival Notice. The EDI document was sent for release on the 9th of November 2023 the query came in on the 10th of November 2023, and normally it would be released in less than 6 hours but up to date it hasn't been released. We need the import urgently to be released in order to avoid any delays with our Export Orders.  
Resolution status note: Lesotho Focal Point reported that the NTB had been resolved successfully  
Products: 6006.32: Dyed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long and 6006.34: Printed fabrics, knitted or crocheted, of synthetic fibres, of a width of > 30 cm (excl. warp knit fabrics "incl. those made on galloon knitting machines", those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "lo  
NTB-000-358 2.8. Lengthy and costly customs clearance procedures 2010-02-10 Democratic Republic of the Congo: Ministry of Trade Tanzania Resolved
2023-02-20
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Complaint: The process of obtaining DRC Ogeframe certificate delays cargo at the port and increases costs. Procedure is too long as it involves exporter paying fees at Tanzania Revenue Authority in DAr es Salaam Office and then take the document for endorsement by DRC. This is applicable only to transit goods to DRC.  
Resolution status note: Member States agreed to resolve on the strength that no complaints had been received .  
NTB-000-382 2.8. Lengthy and costly customs clearance procedures 2010-08-11 South Africa: Beit Bridge Malawi Resolved
2011-10-18
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Complaint: The process of clearing trucks at the Beit Bridge Border Post is very low since week beginning 26 July 2010. Trucks take up to 3 days to cross from Messina to Beitbridge? Drivers have reported that South Africa Revenue Authorities are not deploying enough manpower to clear trucks on time. Stops and supervising take ages to be completed  
Resolution status note: At the Cross Border Road Transport Agency Indaba held on 18-19 October 2011, SARS reported that most clearance procedures are now done electronically. SARS is now moving into a paperless environment and is encouraging all Hauliers/Operators to register their road manifest with SARS to cut out on paper work at the border. It now takes as little as 11 minutes for a truck to be cleared on the South African side at Beit Bridge border.  
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-000-940 5.14. Restrictive licenses
Policy/Regulatory
2020-01-09 Rwanda: Rwanda FDA Kenya Resolved
2020-09-01
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Complaint: The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA

These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive.
 
Resolution status note: During the RMC meeting the Republic of Rwanda informed that, In addressing such related and persistent NTBs, the EASC in 2018 directed the QATSC to develop a Framework for inter agency regulatory control of food and cosmetics to facilitate cross border trade of these commodities. The final framework was recommended by the EASC for SCTIFI approval in their next meeting and this if Partner States commit to implement will reduce the cost of doing business arising among others from re - registration and re- testing . In respect to the Rwanda FDA, the issue was brought to the attention of the Extraordinary meeting of the EASC held on 12th June 2020. The QATSC was directed to discuss the matter and report in the next EASC meeting held on 23rd July with participation of most Partner States Regulatory Authorities .In that meeting Rwanda FDA reported that they recognize products with the EAC notified Quality -Marks that are issued based on harmonized EAC standards, and what Rwanda FDA was doing was just the listing for such products in building the database. The Registration fees for EAC products is waived and EAC products will be registered automatically. The information is on the website and the the Regulations are attached.The NTB is hence resolved.  
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