| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-270 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-08 |
Zambia: Ministry of Agriculture |
Namibia |
Resolved
2011-03-04 |
View |
|
Complaint:
|
Issuance of Phytosanitary Certificates by Zambian Authorities on exports of molasses, from Zambia, is too slow. |
|
|
Resolution status note:
|
Zambia reported that for molasses, the issuance is almost instant as this by product is not fumigated. |
|
|
NTB-000-272 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-08 |
Zambia: Other Zambia |
Namibia |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Issuing of Phytosanitary Certificates for exports of cotton cake to Namibia by Zambian Authorities is too slow. |
|
|
Resolution status note:
|
Zambian reported that authorities process the above certificates as quickly as possible. The only time there is a delay is when the client does not have the right documentation, or has missing documentation |
|
|
NTB-001-020 |
1.11. Occupational safety and health regulation
Policy/Regulatory |
2021-06-14 |
Democratic Republic of the Congo: Kasumbalesa |
Zambia |
Resolved
2021-06-19 |
View |
|
Complaint:
|
It has been reported that the DRC Health Department has implemented a mandatory COVID testing fee of US$45 per driver disregarding any other COVID certificates issued by Member States . This has led to Drivers from various countries parking their trucks and not crossing into DRC because they would like the DRC Government to reverse the directive on mandatory COVID19 test at a fee of $45. Currently, there is no traffic movement at Kasumbalesa.
This has disrupted the movement of goods and people between the two countries. We therefore request the relevant officials to resolve this matter.
Reporting on behalf of Truck Drivers |
|
|
Resolution status note:
|
On 19th June , 2021 Zambia Focal Point advised that they had received information that the fees had been reduced to US$10 and therefore the trucks were cleared resolving the problem . The trucks are now able to cross over to DRC side. |
|
|
NTB-000-775 |
2.8. Lengthy and costly customs clearance procedures |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process. |
|
|
Resolution status note:
|
The SCTIFI meeting held on 16 November 2018 was informed that this NTB had been resolved. |
|
|
NTB-000-868 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Tanzania: TRA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process. |
|
|
Resolution status note:
|
The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The matter was resolved |
|
|
NTB-000-876 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Tanzania: TRA |
Kenya |
Resolved
2018-05-05 |
View |
|
Complaint:
|
It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process. |
|
|
Resolution status note:
|
The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The NTB was resolved. |
|
|
NTB-000-655 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2014-12-11 |
Kenya: Kajiado and Kwale counties in Kenya |
Tanzania |
Resolved
2015-11-30 |
View |
|
Complaint:
|
Kajiado and Kwale counties in Kenya re-introduced County transit Fee |
|
|
Resolution status note:
|
ajiado and Kwale counties in Kenya removed the County transit Fee |
|
|
NTB-000-583 |
6.7. Other |
2013-03-26 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-07-30 |
View |
|
Complaint:
|
Kariba border post, Zimbabwe. Imports from Zambia; one truck carrying two imports from Zamleather for two different Zimbabwean companies. VAT paid in Harare and transferred to Kariba by ZIMRA. ZIMRA system has IT problem and duty of 5% was to be charged. Protest was lodged and ZIMRA advised that there is no duty because of the Comesa certificates. A day went by and we were then advised that our one shipment had been cleared: with 2% duty. We were informed that there were new acts passed and duty was now applicable. I could find no record of this and refused to pay extra duty in order to clear the VAT and duty now short on the second shipment. ZIMRA Harare advised that this was an IT issue and they were working on it. Third day begins and Kariba say no way to clear shipment without duty being paid. Harare advise Kariba to raise manual IM4 entry, Kariba say the duty is still payable. We are now going into the weekend and I cannot see my truck being cleared until Monday. I have had this issue before in a slightly different context where ZIMRA took duty paid for a shipment on its way to correct an IM4 done the prior month. No notification was given and it took 6 months for my claim to be accepted and the US$ 5703 to be refunded. |
|
|
Resolution status note:
|
On 30th July 2013, Zimbabwe Revenue Authority reported that the consignments were eventually cleared manually (i.e. outside the Asycuda System) and allowed under the COMESA Free Trade Area (FTA) at Rates of duty 0% as Zambia is party to the COMESA (FTA). ZIMRA would continue to clear such similar consignments manually until such time Kariba customs migrates from Asycuda ++ to Asycuda World and the clearance will be done in the system. The client will not be inconvenienced by the use of either of the two clearing systems. |
|
|
Products:
|
3403.11: Textile lubricant preparations and preparations of a kind used for the oil or grease treatment of leather, furskins or other material containing petroleum oil or bituminous mineral oil (excl. preparations containing, as basic constituents, >= 70% petroleu and 6403.40: Footwear, incorporating a protective metal toecap, with outer soles of rubber, plastics, leather or composition leather and uppers of leather (excl. sports footwear and orthopaedic footwear) |
|
|
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. |
|
|
Resolution status note:
|
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. |
|
|
NTB-000-975 |
1.8. Import bans |
2020-07-02 |
Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives |
Uganda |
Resolved
2021-03-18 |
View |
|
Complaint:
|
Kenya banned importation of sugar ,brown sugar and raw cane from Uganda |
|
|
Resolution status note:
|
During the NMC meeting that took place in March 2021, the meeting was informed that two bilateral meetings were held with Kenya to discuss among others the NTB on the importation of brown sugar, The Trade Ministers from both sides met and Kenya agreed that the issue will be resolved. Kenya agreed to undertake a verification mission to Uganda. The Mission has not yet taken place but there has been a commendable improvement in the area, where sugar has been allowed into Kenya.
The issue on raw cane was RESOLVED |
|
|
NTB-000-811 |
3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons
Policy/Regulatory |
2017-10-02 |
Kenya: State Department of Trade |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya banned exports of scrap metals destined to Rwanda in accordance with scrap metal Act NO. 1 OF 2015 |
|
|
Resolution status note:
|
Kenya informed the SCTIFI in November 2018 that the scrap metal is a restricted business in Kenya and that Rwanda traders require a permit to transfer the scrap metal from Kenya. Rwanda informed the meeting that NTB is resolved. |
|
|
NTB-000-443 |
5.5. Import licensing requirements
Policy/Regulatory |
2011-07-14 |
Kenya: Malaba |
Uganda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Kenya Charges a plant import permit (PIP) at Malaba on Ugandan tea destined for auction at Mombasa |
|
|
Resolution status note:
|
Uganda reported that the NTB was resolved |
|
|
NTB-000-030 |
2.3. Issues related to the rules of origin |
2008-12-22 |
Egypt: Ministry of Trade |
Kenya |
Resolved
2011-05-11 |
View |
|
Complaint:
|
Kenya complained that Egyptian authorities were demanding the galvanized steel coils should be engraved with the wording 'Made in Kenya as proof of origin' |
|
|
Resolution status note:
|
Egypt reported that the issue had been resolved through diplomatic channels. the Egyptian authorities forwarded an official reply in this regard through diplomatic channels including that the technical standard on Egyptian imports of galvanized steel coils, as well as the COMESA rules of origin does not require codification of the indication of origin on the product. |
|
|
Products:
|
7208.39: Flat-rolled products of iron or non-alloy steel, of a width of >= 600 mm, in coils, simply hot-rolled, not clad, plated or coated, of a thickness of < 3 mm, not pickled, without patterns in relief |
|
|
NTB-000-038 |
2.3. Issues related to the rules of origin |
2008-12-22 |
Malawi: Malawi Revenue Authority |
Kenya |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Kenya complained that Malawian Government require submission of Form 18 along with COMESA Certificate of Origin. On Form 18, exporter has to justify that value addition amounts to 51% contrary to the COMESA value addition requirement of 35%. |
|
|
Resolution status note:
|
At their meeting eld on 29 August 2011, Kenya NMC reported that Kenya is no longer encountering this problem and are therefore happy to get it considered resolved. |
|
|
NTB-000-039 |
2.3. Issues related to the rules of origin |
2004-05-23 |
Rwanda: Ministry of Trade |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Kenya complained that the Authorities in Rwanda has denied market access of galvanized steel sheets. |
|
|
Resolution status note:
|
Rwanda reported that issue was resolved through EAC |
|
|
Products:
|
7301.10: Sheet piling of iron or steel, whether or not drilled, punched or made from assembled elements |
|
|
NTB-000-036 |
4. Sanitary & phyto-sanitary (SPS) measures
A82: Testing requirement |
2004-05-21 |
Uganda: Uganda Bureau of Standards |
Kenya |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Kenya complained that Ugandan authorities were requesting for samples of milk to Uganda Dairy Development Authority for testing and that they were not accepting the certificate of analysis from Kenya Bureau of Standards on Kenyan Products. |
|
|
Resolution status note:
|
Uganda reported that the Uganda Dairy Development Authority (DDA) has never denied entry of milk from Kenya except for a one-off incident that happened in 2007 where the denial of entry was attributed to the water content, about 27%, in the imported milk.
The Uganda DDA respects quality certification from the country of origin and does not subject that milk to fresh certification. Some companies however prefer to bring into Uganda samples for analysis but neither the Uganda National Bureau of Standards (UNBS) nor the Uganda (DDA) analyze items that have been analyzed by the Kenya Bureau of Standards( KEBS). They only monitor and consult with the sister bureaux of standards in the EAC Partner States. |
|
|
Products:
|
0402.10: Milk and cream in solid forms, of a fat content by weight of <= 1,5% |
|
|
NTB-000-779 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2017-10-02 |
View |
|
Complaint:
|
Kenya does not give preferential treatment for wheat flour from Tanzania. |
|
|
Resolution status note:
|
During the Bilateral meeting held in September between Kenya and Tanzania, Kenya reported that AZAM company was gazzeted for the duty remission to produce specific products. According to the evidence produced by Tanzania the Tanzania exporter was gazzeted on 14th July, 2017 but the denial of market access to their client in Kenya is said to have happened on 10th February, 2017 before the gazettement. This NTB was therefore resolved. |
|
|
NTB-000-503 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2012-08-24 |
View |
|
Complaint:
|
Kenya has introduced Cash Bond on used clothes and shoes / other items considered of high value |
|
|
Resolution status note:
|
During the 7th EAC forum Kenya reported that the Cash Bonds on used shoes and clothes was been abolished as recommended by the Mombasa Ministerial meeting on NTBs in March 2012 |
|
|
NTB-000-504 |
2.6. Additional taxes and other charges |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Kenya has introduced Customs warehouse rent that starts after the release of cargo manifest. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this issue was resolved with the signing of Service Level Agreement between the Kenya Ports Authority and the Container Freight Stations. This ensures that there is no double or additional charges |
|
|
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. |
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