| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-168 |
5.1. Quantitative restrictions |
2009-07-27 |
Mauritius: Ministry of Trade |
Malawi |
Resolved
2012-03-30 |
View |
|
Complaint:
|
Import restrictions on sugar |
|
|
Resolution status note:
|
At the last NTB meeting in March 2011, Mauritius informed the meeting that import restrictions on sugar in Mauritius have been lifted |
|
|
NTB-000-186 |
7.9. Inadequate trade related infrastructure |
2009-07-27 |
Mozambique: Beira Port |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Poor infrastructure. Many delays at Beira and Nacala docks due to heavy traffic and no security available |
|
|
Resolution status note:
|
At the 3rd Tripartite NTBs Focal Point point meeting Malawi registered that the issue be resolved considering the submission from Mozambique that the delays, were as a result of procedural matters between the clearing agents and their respective clients and not the Beira Port authorities per se. |
|
|
NTB-000-445 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-02 |
Burundi: Revenue Authority |
Tanzania |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Burundi customs system does not interface within the customs’ systems in the Revenue Authorities in Partner States |
|
|
Resolution status note:
|
Burundi and Rwanda NMC consultations held during the 3rd meeting of the Tripartite NTBs Focal Points and NMC Chairs in Dar-es-salaam on 19-20 April 2012 concluded that the issue had been resolved after Rwanda bureau of standards recognised that Burundi water meets international standards. |
|
|
NTB-000-105 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2009-07-26 |
Malawi: Malawi Revenue Authority |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi imposed 20%surcharge on all imports of chicken and eggs. |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs, Malawi reported that they are still charging the 20% excise duty as indicated by the complainant. They indicated that this is in their regulation and there are no indications that the situation might change soon. South Africa pointed out that this is a NTB and Malawi should endeavour to remove it. SA also requested Malawi to upload the regulation on the NTB website as a comment to this complaint, and post the relevant regulation on the website under “notifications”. It was therefore resolved that this NTB be transferred to the section for Resolved NTBs of regulatory nature for further consideration since no action can be taken immediately. |
|
|
NTB-000-116 |
8.7. Costly Road user charges /fees |
2009-07-26 |
Malawi: Ministry of Transport |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi charges very high road leivies |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs,Malawi reported that it was difficult to get further information from the complainant as this was uploaded before the online system allowed complainants to provide their contact details. However, Malawi would consult with the Ministry of Transport to gather all the transport related charges and upload them on the NTB website, for transparency. It was resolved that this NTB could not be processed for now until such time South Africa provides adequate information on the complaint. In the meantime, the NTB would be considered resolved, until the agreed information is made available. South Africa requested that the NTB be transffered to the section for resolved NTBs of policy and regulatory nature since the regulations are in place in Malawi. |
|
|
NTB-000-174 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Time taken to test products varies between five days for meat and poultry to ten days for batteries. The time factor and discretionary use of these services at the borders has lead to delays in the distribution. |
|
|
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, Malawi reported that the delays could be attributed to the practice of some importers who do not obtain prior certification of products before importing. For importation of meat products, SPS certification has to be obtained from Ministry of Agriculture before importing to avoid delays at the border. The same applies to importation of batteries. Import permit must be obtained from ministry of Trade before importation. The meeting accepted Malawi’s submission to have this NTB resolved. |
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|
NTB-000-182 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Restriction on importation of tobacco leaf from SADC countries |
|
|
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, Malawi submitted that importation of tobacco was not restricted. As a matter of fact Malawi imports tobacco from Tanzania Zambia for processing at Malawi companies. The tobacco is re-exported after processing. The meeting was also informed that the companies buying tobacco in the region are the same. |
|
|
NTB-000-393 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2011-02-14 |
Mozambique: Maputo Port |
Mozambique |
Resolved
2012-04-26 |
View |
|
Complaint:
|
- 418 containers (+/- 600 TEU which accounts for about 100% market share for transit business according to DP World statistics) between Maputo and the Hinterland (mainly Zimbabwe) under the Through Bill of Lading product were moved from April to December.
- The average dwell time (from discharge move to the day when the containers leave the port) is approximately 31 days
- The port grants us 10 days freetime for storage, i.e. companies pay on average 21 days storage at a rate of USD 14/day (21*14*600 = USD 176,400 in storage)
- Under normal circumstances companies would also be liable for the equipment cost to the shipping line in the form of demurrage and detention. Currently for transit USD 50 per day after day 30 (it varies slightly from shipping line to shipping line). If we add another 7 days transit to the dwell time, plus 5 days for clearance/delivery in Zimbabwe and 7 days empty return of the container into port we look at a total equipment turnaround time of 50 days from discharge to empty return, i.e. 20 days of DMR/DET or in monetary terms USD 600,000 for 600 containers only over a period of less than 12 months.
- This means that Mozambique adds USD 1,294 per TEU of extra costs on the Maputo corridor due. The bill is picked up by the end consumer in the Hinterland of course as most of the costs are passed on.
The underlying problem is DIPLOMA 10/2002 30.01. (attached is the English translation) which states that rail is NOT a bonded mode of transport (Article 1 - Conveying unit c, Railroad carriages or wagons) and that one needs to give customs a guarantee 'determined on the risk offered for the revenue' (Article 4.1) for cargo in transit (Article 4.2a). The legislation then gives two options to register a guarantee with customs: 1. Isolated Guarantee (Article 6) and 2. Global Guarantee (Article 7). For container transit on a large scale only a global guarantee is an option as it allows for the ongoing movement of cargo without registering individual guarantees for each container. The maximum 'valor aduaneiro' (customs value) is USD 2,000,000 for a USD 150,000 USD deposit/bank guarantee/insurance bond (Article 7.1), but the general director of customs can increase the ceiling 'by application of the interested, taking into account the risk involved for the revenue, resulting from the customs record of the interested, ...' (Article 7.2).
Customs interprets the risk value ('valor aduaneiro', risk offered to the revenue) as the cargo's CIF value. We inquired several times what the logic behind this is as the CIF value is far from the actual risk for revenue. It must be duties and VAT. Customs refuses and refers to some other legislation or directive which clearly indicates that customs risk value is CIF value.
Attempts to increase the ceiling of the bond to move more than USD 2,000,000 of CIF value under a global guarantee were rejected based on the grounds that it is not possible for to do this for ongoing container traffic with several consignees in the Hinterland.
We also attempted to get rail exempted from the bond requirement based on the low risk. This was also rejected several times albeit CFM agree that rail should be exempted from bond. Customs couldn’t remember though that they ever agreed to this.
Further, they deduct the CIF value from the bond balance once the clearance process starts until the documents are returned from the border. This ties the value up for a period of about 60 days and does extend the period of which containers are considered to be under risk unnecessarily.
The current procedure basically stops transit movements for imports on a large scale (read: modern container traffic). |
|
|
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,, Mozambique reported following progress towards resolution of the NTB:
a) That the legislation regarding the transit of cargo through Mozambique was under revision and it was
expected that a new legislation would come into force by end of June 2012.
b) That the signal windows electronic system was being implemented in Maputo port. It had been tested in
the Beira and Nacala ports, which should be fully operational by end of June.
c) This system would also have a module to control the bank guarantees which was expected to be released
as soon as the cargo crosses the border.
A tracking system woul be implemented shortly to improve the control of the cargo.
The meeting accepted Mozambique submission too consider the NTB resolved. |
|
|
Products:
|
8506.50: Lithium cells and batteries (excl. spent) |
|
|
NTB-000-246 |
7.7. Complex variety of documentation required |
2009-09-08 |
Namibia: Revenue Authority |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Procedures for VAT (claim back) in Namibia are too complicated |
|
|
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, Namibia reported that customs only processess those refund applications accompanied by relevant documentation. The documents required are a completed NA66, a proof of export (SAD 500 that has been dully proceeded at the point of export) and the invoice that the goods have been obtained. This process was to verify that the goods are indeed obtained and exported. If any of these documents are outstanding customs has the right to refuse such payment.
The Ministry of Finance, Customs Division was in the process of reviewing customs procedures and once this exercise is finalized the revised procedures will be posted on the customs website and will be made available to the public. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
NTB-000-249 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
In Namibia the same information has to be provided and captured more than once in the import and export supply chain, e.g. Namport, Custom & Excise, MoF, MTI, NCCI, Carriers and Agents on exports of salt to West Africa and RSA,. |
|
|
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, Namibia reported that, a client can obtain an import or export permit in one hour at the Ministry of Trade and Industry if all the required documents are provided. With regard to the export permit the delay comes in when the product is a controlled product where the client is expected to obtain a clearance certificate from the relevant Ministry for tax purposes or when the importing country policies and regulations requires that the imported product be accompanied by authorised documents from the relevant authorities. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
NTB-000-263 |
1.14. Lack of coordination between government institutions |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
There are no less than six ministries, the Namibian police, two Marketing Boards and a Statutory Board involved in the management of imports and exports. The onus is upon the applicant to collect all relevant permits/ certificates from line ministries and other bodies, before a commercial import/ export permit application can be made to MTI. For certain goods, up to three different points of control apply. |
|
|
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, Namibia reported that the Ministry of Trade and Industry would only require authorised or a clearance certificate when a client is importing or exporting a controlled product that needs verification to determine the value for tax purposes and subsequent issuance of the permit by the Ministry of Trade and Industry. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
NTB-000-132 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-07-26 |
South Africa: South Africa Revenue Services |
Eswatini |
Resolved
2012-04-26 |
View |
|
Complaint:
|
South Africa is charging a fine of E1000.0 per set of customs documents for documents not acquitted within a month. |
|
|
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,South Africa reported that this is a standing transit regulation. Swaziland and South Africa agreed that South Africa would provide the regulation for distribution to stakeholders. It was therefore resolved that the NTB be considered resolved. |
|
|
NTB-000-189 |
2.11. Lack of control in Customs infrastructure |
2009-07-27 |
South Africa: Beit Bridge |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Pilferage of goods and the opening of sealed containers at the South African side of the Beitbridge border post |
|
|
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,South Africa reported that they would consult SARS to provide an explanation of how the border process works and on measures put in place to prevent the incident re-occurring. Once this information was received from SARS, it wiould be uploaded to the online system. It was therefore agreed to have this NTB resolved as this could have been a once off incident. |
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|
NTB-000-452 |
7.8. Consular and Immigration Issues |
2011-09-03 |
Tanzania: Mbeya |
Uganda |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Tanzania Border posts charge Visa charges of US$ 250 for businessmen from Uganda. |
|
|
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 does not charge visa from EAC members. |
|
|
NTB-000-453 |
8.8. Issues related to transit |
2011-09-03 |
Tanzania: Ministry of Transport |
Burundi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
No movements of Cargo Trucks beyond 6:00 pm within Tanzania. This affects trucks from Rwanda, Burundi & Uganda |
|
|
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, Burundi agreed that this NTB be resolved on the basis that Tanzania was modernising the tracking equipment so as to have electronic devices that can be monitored electronically along the transport corridor to the final destination. This provision allows Tanzania Revenue Authprity to make the necessary timely interventions. Burundi and Tanzania have signed a joint MoU in joint patrol and were provided equipment to maintain security along the affected areas. However Tanzania wouldl notify Burundi on the operationalization of the Electronic Cargo Tracking System (ECTS). |
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|
NTB-000-454 |
8.8. Issues related to transit |
2011-09-03 |
Tanzania: Central Corridoor,Tanzania |
Uganda |
Resolved
2012-04-26 |
View |
|
Complaint:
|
TRA has introduced check points in the Central Corridor with timeframes and imposed charges for the delays to reach the destinations |
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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 the time frame of clearance of Transit goods from the point of entry to the point of exit had been used as control measure to ensure that there was no divergence of transit goods into local markets. In the Central corridor there are 3 check points that is Missugusugu, Dumila and Isaka.
From all these check points it takes 5 days to across border. In the southern corridor there are also 3 check points and it takes about 3 days to cross borders. Tanzania launched Electronic cargo Tracking System (ECTS) on 12th March, 2012 which was expected to commence operations in June, 2012. With ECTS there will be no need for Time frame as the goods would be monitored electronically. The legal document was given to Rwanda |
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NTB-000-469 |
5.12. Export restraint arrangements |
2011-07-12 |
Tanzania: Ministry of Trade and Industry |
Rwanda |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Tanzania has officially banned export of scrap metal to Rwanda |
|
|
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 had ratified the Bamako convention that governs the movement of hazardous wastes with in Africa. Tanzania has neither banned importation nor exportation of scrap metals, but there are procedures to follow when engaging in such business which are :
i) A team of experts has to inspect the scrap metals to ensure that the consignment is safe to and allowed
to be exported.
ii) The exporter has to obtain an export permit from the MIT.
There are scrap metals that are not allowed to be exported from Tanzania. The list is supported by a Legal instrument. (The Exports Control Act Cap. 381, Prohibition of Exports, Amendment of the Schedule) Government Notice No. 204 published on 22/7/2005, Section 16). This applies to all countries not Rwanda specifically.
During the Bilateral meeting Rwanda was availed with that specific legal instrument.
With above explanation Rwanda withdrew complaint and it was agreed to consider it resolved |
|
|
NTB-000-474 |
1.8. Import bans |
2011-11-22 |
Tanzania: Mwanza |
Rwanda |
Resolved
2012-04-26 |
View |
|
Complaint:
|
SteelRwa was denied to import scrap metals from Tanzania due to the ban resulting from its scarcity in the region. Tanzania, Kenya and Uganda have banned exports of scrap metals not only to non EAC members but also the ban is applicable to other EAC member states |
|
|
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 had ratified the Bamako convention that governs the movement of hazardous wastes with in Africa. Tanzania has neither banned importation nor exportation of scrap metals, but there are procedures to follow when engaging in such business:
i) A team of experts has to inspect the scrap metals to ensure that the consignment is safe to and allowed
to be exported.
ii) The exporter has to obtain an export permit from the MIT.
There are scrap metals that are not allowed to be exported from Tanzania. The list is supported by a Legal instrument. (The Exports Control Act Cap. 381, Prohibition of Exports, Amendment of the Schedule) Government Notice No. 204 published on 22/7/2005, Section 16). This applies to all countries not Rwanda specifically.
Rwanda is withdrawing this NTB from the matrix due to lack of evidence from complainant. |
|
|
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 |
View |
|
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-000-422 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2011-07-04 |
Zambia: Chirundu - Lusaka Highway |
Zimbabwe |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Zambia is enforcing a requirement under the CONSTRUCTION AND USE REGULATIONS OF THE ROADS AND ROAD TRAFFIC ACT CAP 464, SECTION 17 (2) OF THE SUBSIDIARY LEGISLATION imposing a fee of K180, 000 on all trucks using the Zambian roads without mud flaps , unless the truck or trailer is made in such a way that it can capture the mud, water and flying stones coming out of the wheels of the truck. This requirement is not imposed by all other countries on the transit routes. There needs to be understanding amongst member states that they be flexible with enforcement on foreign vehicles and accept those that have valid roadworthiness certificates from their countries of registration. |
|
|
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,Zambia clarified that the charge on trucks without mud flaps is applied on all vehicles, local and foreign and therefore not discriminatory. This is a legal requirement. It was resolved that this NTB be recorded under the schedule of ‘Resolved’ NTBs of policy and regulatory nature for further consideration |
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Products:
|
1703.90: Beet molasses resulting from the extraction or refining of sugar |
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