| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-139 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
|
|
|
Resolution status note:
|
The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette" |
|
|
NTB-001-189 |
1.8. Import bans |
2024-09-17 |
Malawi: Ministry of Trade & Industry |
Kenya |
Resolved
2025-03-10 |
View |
|
Complaint:
|
Malawi Ministry of Trade & Industry has introduced a new regulation for imports of sweets. Our customer applied for Import Permit 3 times and each time it was rejected. Our customer has tried every possible way however he has not managed. Malawi authorities are not giving the reason in writing. They have informed our customer verbaaly that because of the shortage of forex in Malawi, their superiors have informed them that they are not to issue the Import Permit for sweets. Also, there is a local manufacturer already making sweets so there is no reason to import.
This action has raised great concerns, as it contravenes the trade agreements under the Common Market for Eastern and Southern Africa (COMESA), to which both Kenya and Malawi are signatories.
We kindly request this issue be addressed promptly. |
|
|
Resolution status note:
|
The Ministry of Trade and Industry granted an import licence to Manosalwa Food Industry on 10th March, 2025, for 31500 Cartons of Assorted sweets (Happy Mint, Fruit Drops, Cool Cow and Lollipops).
The licence was granted according to the quantity that was applied for. |
|
|
NTB-001-205 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Busia |
Kenya |
Resolved
2025-04-29 |
View |
|
Complaint:
|
Uganda's denial of market access of biscuit and wafers manufactured and transferred into Uganda by Sunveat Industries of Kenya. Reason being that wheat flour materials supplied by Kenblest LTD benefited from imported wheat under Duty Remission Scheme (DRS) |
|
|
Resolution status note:
|
Uganda advised that the NTB was resolved and attached the evidence of the movement of good |
|
|
NTB-001-208 |
5.15. Other |
2024-05-01 |
Uganda: Fish protection unit |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Uganda is intercepting fish export from Kenya which is in transit to DRC on grounds that Kenya is transferring immature fish that is not accepted in Uganda.
The fish protection unit in Uganda opens the goods on transit in the sealed containers which is against the provisions of goods in transit. |
|
|
Resolution status note:
|
The meeting also noted that Uganda had signed an MoU with Kenya on the movement of fish
The 38th RMC was informed that the NTB was resolved |
|
|
NTB-001-211 |
2.13. Issues related to Pre-Shipment Inspections |
2024-10-01 |
Uganda: UNBS |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by UNBS. Where the institution refused to recognize PERMITS Issued by KEBS. Unfortunately, efforts to engage with border and Headquarters UNBS officials have not been fruitful because the manufacturer didn't receive any help insisting that Kenya manufacturers pay the destination Inspection fee despite products having standardization marks with harmonized standards.
UNBS demand that payments for destination must be done without any other documents issued by UNBS.
Additionally, it’s been a challenge getting sample receipts when UNBS pick samples for every consignment. Manufacturers would demand drivers to pay for lack of evidence of the huge samples taken by UNBS. Also clients receive less paid items due to samples collected by UNBS. This is unfair and has raised concerns to Kenya manufacturers and clients in Uganda.
Affected products include cosmetics products |
|
|
Resolution status note:
|
EAC has Harmonized Standards for Furniture, but they are not exhaustive. The trader was transferring types of furniture falling in a category where no harmonized standard exists. In such circumstances the goods might be subject to retesting.
The meeting hence noted that this was not an NTB but an operational challenge and should be referred to the Committee on Standards for consideration. |
|
|
NTB-001-212 |
2.10. Inadequate or unreasonable customs procedures and charges |
2024-10-01 |
Uganda: URA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by URA. Where the institution refuses to recognize the weights of export documents of the sealed goods, C2 and road consignment notes. Uganda usually issues notice of seizure for mis appropriation of weight across items. Unfortunately, efforts to engage with border officials have not been fruitful because the officers demand for 100% verification for all the consignments every time at the cost of the manufacturer. This is regardless the products being fragile and without good equipment to offload and load. At times the items brake causing loses to paid products.
All shipments to Uganda are subjected to 100% verification by URA, This has huge cost implications and delay in delivery of the goods. Some of the products affected include ceramic products - Close Couple Toilet, Basin and Pedestal. |
|
|
Resolution status note:
|
The Senior Officials noted that it is a customs procedure to verify goods transferred and not an NTB. The meeting further emphasized the need for due consideration to be given considering the nature of the products which are fragile. |
|
|
NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade meeting Partner States agreed that the NTB be referred to the East African Standards Committee (EASC) for consideration. |
|
|
NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade meeting, Partner States agreed that this issue be referred to the East African Standards Committee (EASC) for consideration. |
|
|
NTB-001-241 |
7.6. Lack of information on procedures (or changes thereof) |
2025-03-06 |
Kenya: Mandera |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Tanzania Revenue Authority officers do not seem to have RECTS seals, therefore, demanding for facilitation from transporters. The facilitation includes, Per diem, incidental allowance, in transit allowance and fuel for the government vehicles. |
|
|
Resolution status note:
|
The meeting noted that the complaint was administrative and should be referred to the Committee on Customs for consideration
The meeting noted that the trader did not pay the amount requested of them.
The NTB was referred to SCOC for consideration and resolution |
|
|
Products:
|
6117.90: Parts of garments or clothing accessories, knitted or crocheted, n.e.s. |
|
|
NTB-001-220 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Uganda Revenue Authorities |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Certificate of Origin Declined (Issues of RoO)
Uganda has declined to recognize the Certificate of Origin for chewing gum manufactured by Kenafric Industries transferred to M/S Glorre International Limited on concern that the manufacturing process does not exceed the provisions in Rule 7 of the EAC Rules of Origin, 2015. Kenya NMC suggests that the process involves the use of machinery and technical expertise. Therefore, the process of manufacturing chewing gum exceeds the provisions under Rule 7 of the EAC rules of origin. |
|
|
Resolution status note:
|
The 38th RMC was informed by the Republic of Kenya that the NTB was resolved |
|
|
NTB-000-070 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-07-23 |
Lesotho: Maseru Bridge |
Lesotho |
Resolved
2011-07-28 |
View |
|
Complaint:
|
VAT clearance procedures at the border posts are open to corruption. |
|
|
Resolution status note:
|
The Lesotho Revenue Authority (LRA) reported that they have all the necessary measures to combat corruption for all customs procedures and there is a high intolerance for corruption as there is a Corruption Investigation Unit within the LRA. LRA are in the process of introducing an automated system. |
|
|
NTB-000-063 |
7.8. Consular and Immigration Issues |
2009-07-23 |
Lesotho: Ministry of labour |
Lesotho |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lesotho is restricting employment of qualified manpower nit available in that country |
|
|
Resolution status note:
|
Lesotho reported there are expatriates who are working in Lesotho in various professions, so there is no employment restriction of qualified manpower in the country. |
|
|
NTB-000-065 |
5.2. Exchange controls |
2009-07-23 |
Lesotho: Ministry of Finance |
Lesotho |
Resolved
2010-11-22 |
View |
|
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-000-066 |
5.12. Export restraint arrangements |
2009-07-23 |
Lesotho: Ministry of Mines |
Lesotho |
Resolved
2011-07-28 |
View |
|
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-000-067 |
2.4. Import licensing |
2009-07-23 |
Lesotho: Ministry of Trade |
Lesotho |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Lesotho is imposing requires permits on the imports of following bread, milk, eggs, bulk sugar imports, pulses, fruits and vegetables, livestock and liquor. |
|
|
Resolution status note:
|
Lesotho reported that she does require permits on the importation of some agricultural products. The Agricultural Marketing Act 26 of 1967 (amended by Act NO.18 of 1973, Order No.6 of 1991 and Act No.5 0f 2001) regulates the importation and exportation of the agricultural products in Lesotho.
The purpose of this Act is to prohibit the importation of products and supplies which are unsafe or inappropriate for the function for which they are to be sold.
Import Requirements:
•Valid Trading licence
•Import permit |
|
|
NTB-000-068 |
1.8. Import bans |
2009-07-23 |
Lesotho: Ministry of Trade |
Lesotho |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lesotho has banned importation of beer into that country |
|
|
Resolution status note:
|
Lesotho reported that there is no ban in importation of beer into Lesotho, so there is no NTB in this respect. |
|
|
NTB-000-082 |
5.7. Minimum import price limits
Policy/Regulatory |
2009-07-23 |
Lesotho: Ministry of Trade |
Lesotho |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lesotho regulates prices by fixing a floor price for beans and peas. |
|
|
Resolution status note:
|
Lesotho reported that she does not regulate prices for any product; however our marketing department sometimes makes some price recommendations based on the market price for legumes. At times when these food stuffs have been subsidized due to lack of food supplies as a result of drought, prices are being regulated (only on subsidized programmes). |
|
|
NTB-000-541 |
2.7. International taxes and charges levied on imports and other tariff measures |
2012-10-29 |
South Africa: Lebombo |
Lesotho |
Resolved
2013-05-23 |
View |
|
Complaint:
|
On Monday 29 October I was crossing into South Africa from Mozambique. I was importing used shoes from Mozambique destined to Lesotho, however the customs officials from Lebombo border post on South African could not let my goods pass through and my goods were confiscated.
I was holding the reciept from the seller from Mozambique, the value of the goods was M2,857 (R2,857 or equivalent of 10, 000 Meticais). I was then told by the custom official at the border that I will have to pay R 9000 plus VAT which is not refundable according to the official. This value is way more than the value of the goods.
The other option was that I should hire currier service s very expensive, I was forced to use currier even though I had my own transport and to use an urgent. I was holding an import permit from my country Lesotho at the time however I was told to pay the R 9000 which is not refundable. |
|
|
Resolution status note:
|
On 13 November 2012, South Africa Focal Point reported that each of the SACU member state has its own import/export control regime. For South Africa, importation of used clothing and footwear for resale purposes is not allowed, except in specifically defined conditions. The conditions for used clothing are that, imports should be for the purpose of cutting up to manufacture industrial wiping rags in a customs rebate store. For used footwear, imports are only allowed if the shoes are donated to a registered charity for free distribution in terms of a customs rebate provision.
Given the above background, second hand clothing and footwear imports in transit through SA have to transit SA territory under special procedures: these goods need to be cleared in bond first, and then the goods need to be transported by an in-bond carrier to the country of destination (Lesotho in this case). For this reason the importer was told to use courier services. Such courier service would constitute an in-bond carrier. Such an in-bond remover must have sufficient security in place to cover the duty and VAT on these goods in bond; and this surety would be acquitted with the final clearance upon arrival in Lesotho. If the importer therefore did not comply with the in-bond transit measures, it would explain the duties charged.
During the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Lesotho noted the response by South Africa and undertook to provide clarification upon consultation with the importer. |
|
|
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-000-631 |
1.1. Export subsidies |
2014-04-22 |
South Africa: Ficksburg Bridge |
Lesotho |
Resolved
2015-03-24 |
View |
|
Complaint:
|
I apparently needed a certificate from the State Vet to carry wool tops over the border! This proved impossible to get in Ficksburg. I have also experienced many problems bringing craft goods over to South Africa from lesotho as we need to pay VAT on all goods coming to exhibitions. This is extremely time consuming process and then I have to claim the VAT back when I bring unsold goods back over the border! |
|
|
Resolution status note:
|
On 24 March 2015, Lesotho Focal Point reported that the NTB had been resolved and therefore must be removed from the pending cases. |
|
|
Products:
|
5105.29: Wool, combed (excl. that in fragments "open tops") |
|
English
Français
