| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-448 |
8.8. Issues related to transit |
2011-09-02 |
EAC |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Inadequate Police Escort mechanism. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the All Partner States were providing police escorts. This NTB is therefore resolved |
|
|
NTB-000-190 |
7.9. Inadequate trade related infrastructure
Policy/Regulatory |
2009-07-27 |
SADC |
Malawi |
Resolved
2011-01-10 |
View |
|
Complaint:
|
Inconsistency of road traffic laws, and their application in SADC. |
|
|
Resolution status note:
|
Botswana reported that ahe is in the process of harmonizing traffic laws with SADC traffic laws; however, there are some traffic laws that have been harmonized e.g. road signs etc. |
|
|
NTB-000-852 |
2.6. Additional taxes and other charges |
2018-07-05 |
Tanzania: Ministry of LiveStock |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Increase of Import and Export fees on animal and animal products by Tanzania. Tanzania has amended the “Animals & Animal Products Movement Control (Amended) Regulations, 2018” that has increased the charges. |
|
|
Resolution status note:
|
The CoC guided that:-
Refer the imposition of additional levies under the animal diseases (Livestock Markets) Regulations, 2018 by URT under Government Notice 476 of 31st August 2018 to SCTIFI.
The Secretariat guided that where national laws impose levies on imports and exports, this should not apply to goods originating within the EAC.
URT informed the meeting that such charges exist in other Partner States.
The SCTIFI meeting agreedthat this guidance should therefore be applicable to all Partner States.
The matter was resolved. |
|
|
NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
|
|
Resolution status note:
|
Secretariat advised that this is an operational issue can be discussed in Customs Committee |
|
|
NTB-001-147 |
2.2. Arbitrary customs classification |
2023-10-17 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
Increased valuation of sales price of ceramic tile imported with no reasonable explanation from the local tax authorities. As far a cost is concerned, the production cost plus, long-distance transportation and customs clearance fees is higher than these of local producers. Therefore, we request Republic of Kenya to remove the requirements of uplifting the custom value and to use the local price. |
|
|
Resolution status note:
|
The issue was considered during the bilateral meeting that took place in Kisumu. During the meeting, Both Parties agreed that no administrative measures including uplifting the customs value of products from the other Party be taken without consultations. Kenya has since reviewed the customs values downwards. The issue was hence resolved |
|
|
NTB-000-077 |
1.6. Domestic assistance programmes for companies
Policy/Regulatory |
2009-07-23 |
South Africa: Industrial Development Corporation |
South Africa |
Resolved
2012-06-15 |
View |
|
Complaint:
|
Industrial Development Corporation (IDC) in South Africa grants concessional credit facilities to productive investments |
|
|
Resolution status note:
|
The 10th meeting of the SADC Committee on Trade Facilitation held on 14-15 JUne 2012 agreed that the subsidy was permissible under the international trade rules and therefore the NTB should be considered resolved. |
|
|
NTB-000-192 |
7.9. Inadequate trade related infrastructure
Policy/Regulatory |
2009-07-27 |
Mozambique: Beira Port |
Malawi |
Resolved
2011-09-23 |
View |
|
Complaint:
|
Inefficient loading and unloading facilities at Nacala and Beira ports in Mozambique resulting in time delays and occasionally additional warehousing costs. |
|
|
Resolution status note:
|
In consultations with the Beira Port Authorities, namely, Cornelder, on the 22nd of September 2011, at the Beira Port, Cornelder informed that indeed during the dredging process the Beira port faced a lot of delays but that aspect has been overcome now that the dredging process is over. |
|
|
NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
|
|
Products:
|
0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
|
|
NTB-000-365 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Zambia: Matumbo and Chinsali |
Zambia |
Resolved
2010-07-30 |
View |
|
Complaint:
|
Inland Zambia State Police request for customs documents at Road Blocks (Matumbo, Chinsali) creating unnecessary delays. |
|
|
Resolution status note:
|
Zambia reported that it’s a requirement for security purposes, which applies to both locals and international road users. |
|
|
NTB-000-321 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
SADC |
Seychelles |
Resolved
2011-06-03 |
View |
|
Complaint:
|
Innadequate air passenger links between Member states. |
|
|
Resolution status note:
|
Seychelles reported that she is in the process of liberalizing trade and expanding trade within COMESA, SADC and IOC in order to facilitate trade within the region and access to food imports |
|
|
NTB-000-268 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Revenue Authority |
Namibia |
Resolved
2010-12-01 |
View |
|
Complaint:
|
Inspections, sealing/tagging of cargo cause major delays. |
|
|
Resolution status note:
|
Recruitment of personnel is in progress |
|
|
NTB-000-268 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Revenue Authority |
Namibia |
Resolved
2010-12-01 |
View |
|
Complaint:
|
Inspections, sealing/tagging of cargo cause major delays. |
|
|
Resolution status note:
|
Recruitment of personnel in progress |
|
|
NTB-000-766 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products. |
|
|
Resolution status note:
|
During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved. |
|
|
NTB-001-066 |
|
2022-01-01 |
Mozambique: Delegação Aduaneira de Ressano Garcia (Road) |
Mozambique |
Resolved
2024-03-31 |
View |
|
Complaint:
|
Introduction by Autoridade Tributária de Moçambique of a SINGLE ENTRY Temporary Import Permit (TIP) at a cost of MZN700, which is currently processed manually for the majority of vehicles at Ressano Garcia's KM4 facility.
The costs are prohibitive for companies moving transit cargo from South Africa to the Port of Maputo, with 15 loads per week per vehicle a common achievement. In addition, the delays experienced by the manual processing of the TIP document adds significant cost on account of the waiting time that drivers are subjected to. The Port of Maputo has collaborated with Customs in Mozambique to collect electronic payments for the TIPs, but so far only 10 companies have taken up the use of the facility. Even those companies registered on the Port's electronic system are not guaranteed speedy processing, and delays are still experienced by drivers as they still have to queue to collect the TIP document. Electronic payments should take precedent over manual payments, but in reality this is not the case. It is common knowledge that a R50 bribe will speed up the processing of the TIP document.
The SADC Protocol on Trade is clear in its reference to the removal of tariffs and non tariff barriers. At this point, the TIP cost to one company moving 180 trucks per month, is in excess of R1,4million ZAR or USD88,000. The manual processing compromises the integrity of the system and the costs directly impact the competitiveness of the trade route for imports and transit imports into Mozambique.
With the push towards the harmonization of regulations within the SADC and TRIPARTITE region, the TIP process should be harmonized with that of South Africa which has a multiple entry TIP valid for 6 months and is processed at no cost to the user. |
|
|
Resolution status note:
|
The NTB-001-066 was resolved, and the withdrawal of fees concerning the 750 Meticais fees paid for issuing and extending the Vehicles Temporary Import License on the foreign carriers was reviewed and published in Ministerial Diploma no. 33/2023 of February 14th, attached above. |
|
|
NTB-000-959 |
7.4. Costly procedures |
2020-05-18 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2022-06-28 |
View |
|
Complaint:
|
Introduction of escort fees.
An escort fee at Zobue to escort Illovo Sugar (Malawi) trucks to Beira. It is US$ 200 per batch of 3 vehicles. If there is a single vehicle/truck that must get to the port the fee is still $ 200.
And there is also a scanning charge of US $ 20 per vehicle. |
|
|
Resolution status note:
|
This NTB has been reported as resolved, considering the update provided earlier, which included some documents in the attachment. |
|
|
NTB-000-729 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
|
|
Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
|
|
NTB-000-731 |
6.6. Border taxes |
2017-01-01 |
Zambia: All Zambian Border Posts |
|
Resolved
2018-01-25 |
View |
|
Complaint:
|
Introduction of fees on all motor vehicles exiting and entering Zambia
This measure will effectively increase transportation costs for both businesses and individuals.
As a landlocked country which is primarily reliant on road transport, this will have major cost repercussions for all industry sectors and increase the cost of doing business, making Zambia less competitive.
The Minister proposes to increase various user fees and charges to recover costs. This would include statutory fees and charges for services provided by government institutions.
Unless the fee increases are matched by an increase in efficiency, this measure will have an overall detrimental effect.
Effective date
All of the above measures will take effect from 1 January 2017. |
|
|
Resolution status note:
|
On 25 January 2018, Zambia Focal Point reported that this measure had not been implemented therefore this NTB is resolved |
|
|
NTB-001-004 |
2.8. Lengthy and costly customs clearance procedures |
2020-12-31 |
Zambia: Kariba |
Zimbabwe |
Resolved
2023-09-22 |
View |
|
Complaint:
|
Introduction of Statutory Instrument 115 of 2020, Ports of Entry and Routes Amendment Order, page 785 of S.I. 115 -2020 Indicates borders and regulating hours of operation, Kariba and Victoria Falls being affected. For goods destined for Kariba, it will be very difficult and costly for traders to go via chirundu and back to Kariba . The chuiiurundu kariba route doubles the distance and therefire craetes additional cost for landing same product in Kariba. Distance to transport goods directly from Siavonga Juction to Kariba border is 78 kms . Whereas ,the Chirundu routes is: Siyavonga to the border chirundu (20kms); Add 62 kms from chirundu border to Makuti then 77 kms from Makuti to Kariba, totalling 159kms.
This Order disturbs the spirit of Regional integration , traders are crying because of COVID 19 and its effects then another 115 Pandemic, . If all exports are centralized to pass through chirundu it means we are putting pressure at one point this in turn increases chances of smuggling and paying bribes, as of more days are spent at the border. This will give pressure to clearing agents who will make errors in making entries leading to pay heavy fines, the agent will simply abandon the goods leading to the bond being cancelled , this will cause traders to have other options of smuggling and paying bribes, WHY DONT THERE BE CORRECTIVE MEASURES THAN PUNITIVE MEASURES.
This S.I. has come at a point where Zimbabwean traders are not allowed to clear goods over the counter because of COVID 19 and other regulations |
|
|
Resolution status note:
|
The 3rd meeting of the COMESA Regional NTBs meeting was informed that the Kariba Border Post was designated to accept all commercial transactions therefore the NTB was resolved on grounds that Kariba is an appointed port under the Ports and routes order, therefore commercial transactions trough Kariba border post will continue. |
|
|
Products:
|
1905: Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products., 3401: Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or c and 3401: Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, moulded pieces or shapes, whether or not containing soap; organic surface-active products and preparations for washing the skin, in the form of liquid or c |
|
|
NTB-000-883 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-12-17 |
Kenya: KRA |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Introduction of Tax Stamp/Printed Codes:
Under the Kenya Excise Act of 2015, the Kenya Revenue Authority (KRA) introduced either tax stamp or printed codes on beer and KEG manufactured or imported into Kenya with effect from 1st February 2016 at the cost of KShs. 1.50 per stamp with a manual application which raises the cost to USD 5.5/hl. |
|
|
Resolution status note:
|
During the Bilateral Meeting between Tanzania and Kenya held on 23rd - 27th April, 2019 in Arusha, Tanzania.Kenya reported that this is a domestic function under the Domestic laws and falls under the Domestic Tax Harmonization.
Tanzania requested Kenya to consider lowering the charges and the fees should be issued electronically. Kenya recommended to wait for domestic harmonization process to be completed.
Recommendation: Both Parties agreed to handle the matter under domestic tax harmonization ad therefore matter is resolved. |
|
|
NTB-000-964 |
2.6. Additional taxes and other charges |
2020-06-01 |
Kenya: Nairobi ICD |
Rwanda |
Resolved
2020-11-24 |
View |
|
Complaint:
|
Introduction of the new verification/inspection tariff at Nairobi ICD (80 USD for 20 feet containers and 120 USD for 40 feet containers by Kenya Ports Authority (KPA) due to outsourcing of labor to conduct inspections and verification on behalf of KBS and KRA |
|
|
Resolution status note:
|
After investigations, Kenya confirm that;-
- The charges are in accordance to the existing KPA tariff applicable to both local and transit cargo where labour is required to provide verification/stripping and stuffing services.
- The verification charges are applicable to only those containers that have been targeted for verification by Customs/other Government cargo intervening Agencies and or on customers request
- Clients have the option of either using the outsourced service provider or seeking for an approval from Customs for their containers to be released under seal for destination verification at their warehouses.
-There are no charges for sight and release mode of verification
This NTB is therefore resolved |
|
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