| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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 |
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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. |
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NTB-000-800 |
2.3. Issues related to the rules of origin |
2017-11-01 |
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Resolved
2019-10-15 |
View |
|
Complaint:
|
Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.
EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
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Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved. |
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NTB-000-901 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2019-05-03 |
|
Kenya |
Resolved
2019-10-15 |
View |
|
Complaint:
|
South Sudan is subjecting Kenyan exports to Certificate of Conformity (CoC); South Sudan through their Ministry of EAC and Industry has written letters to Kenya manufacturers informing them that there will be a penalty of 15% CIF on all imports into the Republic of South Sudan without CoC. Exporters are required to have their consignments verified in the country of export before shipment. |
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Resolution status note:
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During the Regional Monitoring Committee held on 15th October, 2019 the Republic of Kenya reported that the NTB was resolved. |
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NTB-000-897 |
3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory |
2019-09-09 |
Kenya: Namanga |
Tanzania |
Resolved
2019-09-09 |
View |
|
Complaint:
|
This incident happened at Namanga border on 09 September, 2019. The Kenya Bureau of Standard (KEBs) restricted car registration number T391 AVW/T945BMK with 10,000 Olynet Long lasting nest and 5, 920 MiraNet also long lasting nets manufactured by A to Z Textile Company. These products are TBS licensed. It was later allowed to enter Kenya under seal make until KEBS undergo their test, in Nairobi. We wish to get clarification on issue, if it has licensed by TBS how come need another test? |
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Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 noted that it was a one time incidence and is a normal practice in Standards, However the issue was resolved that same day and should be indicated as resolved. |
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NTB-000-909 |
8.8. Issues related to transit |
2009-07-01 |
EAC |
EAC |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Existence of several weigh bridge stations in the central and Northern corridors. |
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Resolution status note:
|
Transit trucks should be weighed twice, weigh bridges should be reduced to two (2) one at the point of entry and the other at the port of exit.
The two weigh bridges should be equipped with a High Speed Weigh-In Motion (HS-WIM) equipment to save time spent at weigh bridges.
Kenya and Tanzania have installed the High Speed Weign In Motion Weigh Bridges (HS-WIM).
Number of Weigh Bridges in Partner States are as follows: Burundi: 0, Kenya: 4, Rwanda: 0, Tanzania: 3 as agreed, Uganda: 2
The meeting recommended that Uganda be urged to consider installing High Speed Weigh-In Motion Weigh Bridges to resolve this NTB.
URT waived the US$40 sticker fees on transit trucks going through weigh bridges in the central corridor with immediate effect. |
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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 |
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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 |
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NTB-000-899 |
6.2. Administrative fees |
2017-07-28 |
Tanzania: TFDA |
Kenya |
Resolved
2019-08-14 |
View |
|
Complaint:
|
TFDA (Tanzania Foods & Drugs Authority) imposes a 1.5% fees on FOB value on all imports (food, drugs & cosmetics). This is badly hurting local and regional trade as well as local manufacturers. |
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Resolution status note:
|
The Extra Ordinary SCTIFI of August 2019 noted that since TFDA had been dissolved, there is no more fees paid to TFDA. Hence the NTB was resolved. |
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NTB-000-892 |
2.8. Lengthy and costly customs clearance procedures |
2018-07-01 |
Kenya: Namanga |
Tanzania |
Resolved
2019-04-10 |
View |
|
Complaint:
|
KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. Therefore to clear 100 trucks it cost Kshs 850,000/-. |
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Resolution status note:
|
The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.
The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th - 15th Dec 2018.
The matter was resolved by the CoC in April 2019 |
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|
NTB-000-902 |
8.8. Issues related to transit |
2019-04-03 |
Tanzania: TRA |
Burundi |
Resolved
2019-05-10 |
View |
|
Complaint:
|
The application of VAT for transit goods that spend more than one month in URT without being loaded |
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Resolution status note:
|
During the 27th RMC meeting, the Republic of Burindi reported that transit goods which have spent more than 30 days in Tanzania are charged VAT, when they exit.The Republic of Burundi resubmited to the Secretariat the evidence that was submitted to the United Republic of Tanzania. The United Republic of Tanzania informed the meeting that the fee is charged on services rendered to the trader after the 30 days of the grace period and these services are taxable. The United Republic of Tanzania informed the Sectoral Committee on Trade that as per the evidence given the fee is charged on services rendered to the trader but not on the transit goods after expiry of the 30 days of the grace period and these services are taxable. Hence the United Republic of Tanzania considered the issue not qualifying to be an NTB. Hence the issue was resolved. |
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NTB-000-783 |
2.8. Lengthy and costly customs clearance procedures |
2017-09-19 |
Zimbabwe: Beitbridge |
South Africa |
Resolved
2019-09-09 |
View |
|
Complaint:
|
Zimbabwe Revenue Authority (ZIMRA) is not adhering to their new procedure for handling transit cargo thereby causing serious delays in clearance of trucks at the Beitbridge border post.
Truckers are experiencing serious delays because ZIMRA is not adhering to the procedure it stipulated in its communication documents. ALL transit cargo is being fitted with seals, despite the cargo already being sealed by client at loading point. Communication from drivers indicated that, currently only 5 trucks being sealed per day.
Trucks then going onto a "list" for transit escort. This is despite the official communication stipulating that ONLY trucks carrying cargo that is not covered by a suitable tent/tarpaulin that cannot be sealed will be considered by authorities to be escorted.
Truck is a tautliner and thus can be sealed yet driver has been informed it needs to be escorted, and he was informed that 5 trucks per day are escorted to Chirundu. Currently he is number 48 in the "list". This goes against what was communicated in ZIMRA informational document.
Our trucks have Route Risk Assessment done prior for the reasons stated by another complainant, yet ZIMRA wants to dictate which roads and routes to use. This procedure is causing unnecessary delays at the border. |
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Resolution status note:
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On 22nd August 2019, the Zimbabwe Revenue Authority Head of Technical services advised that not all transit cargo is being selected for Electronic Cargo Tracking, but only cargo that is selected as hig risk transit cargo through the use of ZIMRA automated risk management engine. Beitbridge is sealing in excess of 50 of the over 300 transit trucks cleared on a daily basis which is selected by the automated risk management engine. On implementation of Electronic Cargo Tracking System high risk transit cargo that could not be electronically sealed was escorted through Zimbabwe, however, adequate electronic tracking seals have now been procured to facilitate the sealing of all highrisk transit cargo as selected by the risk management engine. As of August 2019, no escort are being done unless there is a specific need. The drivers are at liberty to select their designated route to be followed as they transverse Zimbabwe by completing a Route Declaration Form.
This NTB arose due to challenges faced on implementation of the electronic cargo tracking system in Zimbabwe, through stakeholder engagement and dialogue implementation challenges were resolved. Therefore this NTB has been resolved . |
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NTB-000-653 |
3. Technical barriers to trade (TBT)
B15: Authorization requirements for importers
Policy/Regulatory |
2014-12-11 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Requirement by Tanzania Food and Drugs Authority for companies exporting to URT to register, re-label, and retesting of certified EAC products exported by other Partner States Reported in 2003. |
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Resolution status note:
|
During the meeting of the NTBs Focal Points held from 19- 21 august 2019 , Tanzania reported that TFDA was disbanded therefore the requirements are no longer enforced . |
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NTB-000-697 |
1.14. Lack of coordination between government institutions |
2009-07-16 |
|
|
Resolved
2019-08-21 |
View |
|
Complaint:
|
Lack of coordination among the numerous institutions involved in testing and clearance of goods at the Borders |
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Resolution status note:
|
.The NTBs meeting of Focal Points held on 19- 21 August 2019 was informed that the EAC agreed to harmonise the operations of their institutions. This NTB no longer was resolved in the EAC Time Bound mechanism. |
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NTB-000-714 |
6.7. Other
Policy/Regulatory |
2016-06-30 |
Tanzania: Tanzania Food and Drug Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
TFDA registers injectables as per pack size and treats each product by itself rendering retaining licences for the product very expensive. |
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Resolution status note:
|
During the meeting of the NTBs Focal Points held on 19- 21 August 2019, Tanzania reported that the Bilateral meeting between Kenya and Tanzania held in December 2018, agreed that each country should to continue charging their domestic fees until when the process of harmonization is completed. Immediate implementation. The meeting called on the EAC Secretariat to facilitate the harmonization of food safety standards in the region. |
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NTB-000-721 |
5.5. Import licensing requirements
Policy/Regulatory |
2016-06-17 |
Zimbabwe: Ministry of Industry & Commerce |
Zambia |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Zimbabwe introduced surcharges on certain products in violation of the letter and spirit of the COMESA Free Trade Area. Zimbabwe introduced Statutory Instrument 64 of 2016 , controlling the volumes of imports of products exported by Zambia to Zimbabwe Statutory Instrument (SI 64 of 2016),requires that import licenses be obtained from the Ministry of Industry and Commerce before importation of a wide range of products. The instrument is in force and is being implemented |
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Resolution status note:
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During the meeting of NTbs Focal Points held on 19- 21 August , Zimbabawe reported that SI 64 was repealed by SI 122 . Import licences are no longer required . |
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NTB-000-737 |
7.4. Costly procedures |
2017-03-01 |
|
South Africa |
Resolved
2019-08-21 |
View |
|
Complaint:
|
KBP company who constructed the new border between Zambia and DRC , about 6 years or so ago pegged crossing fees at $100/truck for the Zambia side and $100 for DRC side. The same charge is levied for the return journey therefore transporters pay total crossing fees of $400/truck for a round trip .Further , parking fees of $25/truck/day are enforced for units that stay over 24 hours in the parking bay. These fees were justified at the beginning as these were to modernize the border. However, the transport rates have tumbled by as much as 40 % and we all now have to look at cutting costs.
Taking into account the number of vehicle crossings daily, the US$ 400 crossing fees per round trip has now become a barrier to trade and is having an impact on growth in trade in the region. |
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Resolution status note:
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During the meeting of NTBs Focal Points held on 19- 21 August 2019, Zambia reported the charges are part of the contractual obligations which will expire in 2023. |
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NTB-000-747 |
8.8. Issues related to transit |
2017-05-03 |
Zambia: Several Locations in Zambia |
South Africa |
Resolved
2019-08-21 |
View |
|
Complaint:
|
There are plus minus 540 trucks loaded with Mukula Wood which were loaded in the DRC, impounded by the Zambian Government in Zambia.
There is another plus minus 600 trucks still on the DRC side which have been refused entry through Zambia. These 540 trucks impounded in Zambia have been there for approximately 60 to 70 days in all different areas of the country, in the middle of the bush without any water, sanitation or access to supplies.
There has already been incidence of drivers having to leave their trucks in critical condition with malaria and other drivers with diabetes that have run out of medication, as well as a driver who suffered a stroke this morning at Kafue.
The goods were loaded in Lubambashi and other areas in the DRC and the wood is in transit through Zambia to various Ports in Namibia, South Africa, Tanzania and Mozambique.
No Seizure Notices of any sort have been given to the drivers, they trucks were impounded by the Zambian National Services and according to them it comes from the top and their hands are tied.
Last week Friday 28 April, a contingent of around 28 transporters and exporters from the DRC met with the Zambian Director of Lands to try and resolve this matter and after discussion, he informed us that there were two teams travelling around the country to verify the cargoes and endeavour to get them released.
After this meeting we met with the Permanent Secretary’s Office in Lusaka and demanded a meeting. Whereafter, we had a consultation lasting approximately 1.5 hours. The Secretary assured us that two teams had been appointed to the task of travelling around Zambia with the aim of releasing the impounded vehicles.
We brought to his attention the inhumane conditions in which these drivers have been detained and although he empathized he didn’t seem overly concerned about their plight.
On the same day, Friday a team had to be rushed to Nkonde Border between Zambia and Tanzania where there were about 110 trucks stuck on the Zambian side as Tanzania had temporarily closed the border due to the discontent on the drivers. The Secretary told us these trucks would be released the same day but until now, nothing has happened and the trucks are still there.
The 180 trucks stuck at the Kasumbalesa Border between DRC and Zambia on the Zambian side which were inspected and verified on Sunday are still stuck there and no one has been released and ZNS are not telling the drivers why they have not been released.
We estimate that there is in the region of 80-90 South Africa trucks being detained and the rest comprise of Zambian, Tanzanian, Botswana and Namibia trucks.
As you can imagine this has caused chaos with the Transporters as the banks are not getting paid and people are losing their businesses because of the dire situation. We need urgent intervention to prevent any further destruction of our businesses and the welfare of our drivers.
We have this minute been informed by drivers on the Zambian/Tanzania Border on the Zambian Side, that plus minus 250 trucks have been locked and surrounded by the Zambian Army and the drivers told to go home until further notice.
NOT ONE TRUCK HAS BEEN ALLOWED TO LEAVE. |
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Resolution status note:
|
During the meeting of NTB Focal Points held on 19- 21 august 2019, Zambia Focal point confirmed the report that All 600 trucks had been released. The last 15 were released in September 2017. Attached is the statutory instrument prohibiting the exportation of certain forestry products. |
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NTB-000-756 |
8.7. Costly Road user charges /fees |
2017-05-05 |
Kenya: Kaijado County |
Burundi |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Namanga/Kajiado County charges 2,000 Ksh for all Burundi cargo trucks transiting Kenya |
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Resolution status note:
|
During the Focal Points meeting held on 19- 21 august 2019, Kenya reported that this NTB had been resolved. Kajiado County no longer charges the 2000Ksh for Burundin cargo. Burundi confirmed that although they had confirmation of the charge for June 2019, there had not been any further charges in from July 2019 . However, both countries will continue to monitor . This NTB is therefore resolved . |
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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. |
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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. |
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NTB-000-805 |
Existence of several weighbridge stations in the central and Northern corridors. |
2014-04-01 |
EAC |
EAC |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Rwanda, Uganda and Burundi are affected by the existence of several weighbridge stations in the central and Northern corridors (Tanzania, Kenya and Uganda). |
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Resolution status note:
|
During the meeting of Focal Points held on 19- 21 August 2019 , EAC NTBs Focal Points reported that this matter had been resolved. The weigh bridges have been reduced to 3 in the central corridor . |
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|
NTB-000-782 |
8.7. Costly Road user charges /fees |
2017-09-17 |
Zimbabwe: Chirundu |
Zimbabwe |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Trans[porters are experiencing the following delays and other administrative costs as a result of the sealing process by ZIMRA:
• The vehicles are delayed up to 24 hours while waiting for the seals
• ZIMRA Officials remove existing seals to fit their seal and then do not replace the seals when their electronic seals are removed
• ZIMRA Officials have refused to endorse the documents when seals have been removed
• They have damaged transporters equipment and gone so far as to use a drill on a loaded fuel tanker to drill a large hole to fit their seal. This is completely unacceptable!
• Where one of their seals was incorrectly fitted and fell off the truck, they then cut other seals and drew samples of the product to ensure it had not been contaminated. No explanation was given and our customer consequently rejected the load as the integrity had been corrupted
• Transporters are expected to adhere to routes stipulated by ZIMRA. We have Route Risk Assessments on all our routes. The route is determined due to a number of factors including distance and safety. This is pertinent to Zimbabwe where the road infrastructure is failing
• Beyond the instruction to pay for the sealing, transporters are further expected to pay the costs of escorts |
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Resolution status note:
|
The payment for sealing is a requirement in terms of the law in terms of Statutory Instrument 113 OF 2017. A fee of $30.00 shall be levied on every road vehicle conveying goods and break bulk cargo through Zimbabwe upon which electronic seals and magnetic sealing cable are placed on the cargo in term of the law.he vehicles are delayed up to 24 hours while waiting for the seals.Noted, it is not the intention of ZIMRA to delay any vehicle because of sealing, sealing is done in the minimum possible time and where delays are experienced, one can immediately contact the Supervisor or Manager on duty for assistance. Contact numbers for Supervisors and Managers are displayed in the offices .
ZIMRA has since obtained the seals and there are no more delays . |
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