Resolved complaints

Showing items 341 to 360 of 800
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
NTB-000-399 7.3. Corruption 2011-02-21 Zimbabwe: kariba border post Zimbabwe Resolved
2012-03-28
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Complaint: Lake harvest company was refused to export fish using kariba bridge on this particular date yet they were allowed to do so ,the man who was on interpol this day wanted some money from this company as bribe ,after refusal he denied to stamp the gate pass, this led to the fish to be bad and it was 4tonnes,all that fish perished as they took long in negitiating  
Resolution status note: This issue was discussed by the National Monitoring Committee at their workshop held on 21 July in Harare which noted that such incidences do occur and proposed that the concerned authorities, namely Police Department and the Ministry of Industry and Commerce take up the matter for investigation with a view to putting in place systems for detterement of such practices in future.

On 22 March 2012, Zimbabwe Revenue Authority Focal Point reported that ZIMRA had since had consultations with Zimbabwe Republic Police on this once off incident. The two parties expect that this would not happen again. The Lake Harest Company was advised that, in future , they should report such incidences immediately either to ZIMRA or the the Senior police officers at Kariba so that they are dealt with immediately . This matter is therefore considered resolved
 
NTB-000-398 7.8. Consular and Immigration Issues 2011-02-22 Mozambique: Ministry of Interior - Immigration Department Mozambique Resolved
2011-09-19
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Complaint: Foreigners are required to have a biometric document, either visa or residence document. This document is issued by the Ministry of Interior. The fees for issuing such documents are substantially higher than the cost of issuing the actual document, given that a passport containing a number of pages is charged at a much lower rate than a visa or residence document, while a visa is a sticker in a passport and a residence document is a simple plastic credit card-style ID. In addition for any national that is not from a Lusophone country a surcharge is levied over and above the cost of issuing the document. There is no indication of what this surcharge is levied for, since it does not equate to the service of actually issuing the document (which is covered by the actual document fee).  
Resolution status note: Mozambique reported that there is no regional fee standard to benchmark with. Visas are issued by a private sector company. Ministry of Interrior does not therefore control the visa fees.  
Products: 98: Reserved for national use  
NTB-000-400 1.1. Export subsidies
A52: Irradiation
2011-02-22 South Africa: The Department of Trade and Industry Zambia Resolved
2015-08-10
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Complaint: The Zambian honey sector have come against repeated resistance from the South African authorities to allow organic honey to enter the South Africa market without the unnecessary requirement of irradiation. Therefore, our traders are requesting the South African government for an exemption from the irradiation requirements for the importation of honey from Zambia as set out by the National Department of Agriculture (RSA).

An analysis undertaken by the National Department of Agriculture (NDA) of South Africa collected honey samples from across Zambia during a national disease survey funded by the World Bank in conjunction with the Department of Agriculture of Zambia. The findings of this analysis by the NDA reveal that there is no American Foulbrood Disease in Zambia.
 
Resolution status note: South Africa advised that all honey exports from Zambia were now accepted into that market.  
Products: 0409.00: Natural honey  
NTB-000-401 2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory
2011-03-01 Mozambique: Customs Authority Mozambique Resolved
2011-09-29
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Complaint: For certain types of commodity such as cement, maize, and sugar Mozambican Customs requires a customs escort for transit cargo out of Beira Port to the hinterland. The customs escort costs 5,000Mt for between one and five trucks in a convoy. However: customs escorts cannot be arranged ahead of time and can only be arranged on presentation of a full set of completed clearance documents to customs; customs at Beira Port does not operate at weekends meaning that cargo loaded on a Friday afternoon after 3.30pm or over the weekend and requiring an escort must wait until Monday to move. In practice customs does not always have people available to escort convoys meaning that the documents required for clearance are given to the last driver in the convoy and only when this driver reaches the border can all the trucks in the convoy be cleared out of Mozambique  
Resolution status note: At the conusltative meeting held between SADC Secretariat and Mozambique focal points on 19 September 2011, ands subsequent meeting between SADC Secretariat, Cornelder de Mozambique, on 22 September 2011in Beira, Mozambique reported that Customs escorts are properly coordinated such that companies can make arrangements for escorts taking place during weekends well in advance. Customs at Beira have arrangements for availability of customs officer at all times to facilitates escorts. However, all documnetation for weekend escorts must be processed during office hours.  
NTB-000-402 7.4. Costly procedures
Policy/Regulatory
2011-03-01 Mozambique: Ministry of Finance Mozambique Resolved
2011-09-19
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Complaint: Withholding tax is charged on payment to any company not registered in Mozambique. Any truck from a neighbouring country delivering goods to Beira is required to pay this tax on any backload which it may return with to its home destination. In practice this leads to the belief that no foreign truck can collect goods from Beira Port  
Resolution status note: Mozambique reported that for all foreign operatorso undertake commerciaal transit operations, in that country, they must be conform to requirements as per article 25 of the ministerial decree 10/2002 of January 30th.  
Products: 2523.29: Portland cement (excl. white, whether or not artificially coloured)  
NTB-000-414 1.1. Export subsidies
B33: Packaging requirements
2011-03-01 Zimbabwe: Chirundu Zimbabwe Resolved
2011-05-10
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Complaint: Ban on plastics of thickness less than 30 micro meters  
Resolution status note: The ban is being effected under Statutory Instrument 98 of 2010 - Environmental Management (Plastic Packaging and Plastic Bottles) Regulations , 2010 issued by the Minister of Environment and Natural Resources Management in terms of section 140 of the Environment Management Act ( Chapter 20:27) to protect the environment  
Products: 3923.29: Sacks and bags, incl. cones, of plastics (excl. those of polymers of ethylene)  
NTB-000-407 7.9. Inadequate trade related infrastructure 2011-03-07 Tanzania: Rusumo-Dar es Salaam Road Rwanda Resolved
2012-06-15
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Complaint: Weigh Bridges permanent and Temporary ones.... they do not respect the papers that state the weight carried so they force the drivers to weigh another challenge is that, there is no uniformity in the weights that the various weigh bridges present.  
Resolution status note: The 10th meeting of SADC Trade Facilitation Committee held onb 14-15 June 2012 accpeted Tanzania's explaination that problem arises due to packaging and loading of containers at the port. If containers are not properly packed, goods move while on transit and affect weigh on an axle. Distribution of weight on an axle may be correct at point of departure, but after some distance, it may change as cargo moves. Since weighing is on axles not cargo, different
numbers may be recorded at a weigh bridge. It was reported that sensitization was already being undertaken to alert traders to reduce the possibility of movement of goods inside containers while in transit by packing properly.Tanzania is modernizing the weighing equipment so as to have electronic devices that cannot be tempered with and can keep records. This will contribute towards solving this problem. This NTb was therefore considered resolved on the basis of sensitization work in progress as well as modernisation programme.
 
NTB-000-411 1.1. Export subsidies
A15: Authorization requirement for importers for sanitary and phytosanitary reasons
2011-03-23 South Africa: National Dept Agricultural Registrar : Act no 36 of 1947 South Africa Resolved
2011-04-21
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Complaint: My company submitted renewal of existing Farm Feed Registrations at 12 Dec 2010
All the FF regestrations have expired on 28 Feb. 2011
We have enqeired numerous times on the renewal with no satisfaction.
Th ecompany is stuck with 1000mt of cotton oilcake and 100mt of meat and bone meal that can not come in to South Africa from Zimbabwe and Namibia
The local feed plants and feed lots are running out of stock with no local stocks to supply. We therefore seek help to have our applications processed by the relevant Ministry/Department
 
Resolution status note: The Department of Agriculture & Fisheries renewd the licence on 28 March 2011  
Products: 1207.2: - Cotton seeds :  
NTB-000-417 7.5. Lengthy procedures 2011-04-01 Zambia: Mwami Zambia Resolved
2011-07-28
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Complaint: Small cross border traders who wish to register for a Taxpayer Identification Number (TPIN) are delayed for at least a day while waiting for that number to activated to enable them to be exempted from paying Advance Income Tax (AIT).  
Resolution status note: At the 9th meeting of the SADC Sub-committee on trade facilitation , Zambia reported that Zambia Revenue Authority effected the mandatory use of the Tax Payer Identification Number (TPIN) on ASYCUDA with effect from 1st January 2011. TPNs are issued once and are valid for life to both individuals and registered companies. Issuance of TPINs has been decentralized and can be completed within a day. Only 2 of the 15 stations/borders are not connected to the fibre optic linking the ASYCUDA but these can still communicate with assistance from Head Quarters and other stations. Taxpayers are encouraged to obtain TPINs in advance before importing goods.  
NTB-000-576 8.1. Government Policy and regulations
Policy/Regulatory
2011-04-16 South Africa: Pretoria South Africa Resolved
2016-09-13
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Complaint: This complaint is registered by FESARTA.
In 2011 the Cross-Border Road Transport Agency, raised its cross-border road transport permits by up to 600%.
Not only was this increase unjustified, but it was done without negotiation with the road transport industry.
The resultant costs are also out of line with the costs for road transport permits in other countries.
FESARTA sent a letter (attached) to the Minister of Transport in South Africa, copied to SADC, but no response was received.
The South African Road Freight Association (RFA) has taken legal action against the increases.
The resultant permit fees put unecessarily high increases on the costs to transport goods to landlocked countries.
This is against trade facilitation.
 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
NTB-000-419 2.8. Lengthy and costly customs clearance procedures 2011-04-20 Mozambique: Delegação Aduaneira de Machipanda (Road) Mozambique Resolved
2011-09-29
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Complaint: Perishable goods for export (cheese) are being held up for several hours despite documents having been pre-cleared, due to key staff (in this case the director) being absent from their posts  
Resolution status note: At the consultative meeting between SADC secretariat and Mozambique Focal p[oints, on 19 September 2011, Mozambique reported that the customs desk is always manned. In the absence of information on a specific case, this issue is considered resolved.  
Products: 0406.30: Processed cheese, not grated or powdered  
NTB-000-460 6.1. Prior import deposits and subsidies
Policy/Regulatory
2011-06-06 Botswana: BURS Botswana Resolved
2013-05-23
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Complaint: Botswana BURS requires a deposit to be lodged with them prior to allowing any goods, being imported into Botswana, to cross the border. They will not accept a small deposit - enough to cover the VAT charges on the goods in question - they require a standard amount of P25 000. The only way to avoid paying this deposit is to meet the goods at the border and pay the amount which has been determined as owing that very day. It can be very difficult to meet trucks coming from Johannesburg at the border, particularly if you don't stay in Gaborone where most of the trucks cross. This results in many additional costs being incurred by the importer and can result in goods being returned to South Africa at the importers expense. For small consignments, where the VAT owed is only a few hundred Pula, more money can be spent on trying to get to Gaborone, at the right time (which often changes) in order to meet the truck and make the VAT payment, than the VAT amount itself. Perishable food products, if they need to be returned, are often lost completely resulting in major losses.  
Resolution status note: At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Botswana Unified Revenue Services (BURS) confirmed the following 3 available alternatives which enabled traders to pay for VAT/Duties without being at the point of entry so as to grant entry of goods:
i) Apply for gross payment account; through this account, the applicant is able to deposit funds into the account in which payable VAT/duties will be debited upon any importation of goods
ii) Apply for deferred account; this account enables importers to import goods and pay the accrued VAT/duties at the end of the each month (as explained on the NTB status notes initially afforded to you).
iii) Cash payment can be made at any BURS office countrywide after which that particular office will immediately liaise with the office at the point of entry of the imported
 
Products: 2008.11: Groundnuts, prepared or preserved (excl. preserved with sugar)  
NTB-000-449 7.3. Corruption 2011-06-16 EAC Rwanda Resolved
2016-06-30
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Complaint: Corruption along the Northern and Central Corridors (police roadblocks, weighbridge and border gates.  
Resolution status note: This NTB is no longer obtaining .  
NTB-000-426 1.8. Import bans 2011-07-01 Zimbabwe: Kariba Zimbabwe Resolved
2012-04-26
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Complaint: Ban on all Potatoes as Directed by the Ministry of Agriculture  
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, Zimbabwe reported that banning of potatoes was done to protect plants from pests originating across the borders. This is therefore a NTM.  
NTB-000-422 8.7. Costly Road user charges /fees
Policy/Regulatory
2011-07-04 Zambia: Chirundu - Lusaka Highway Zimbabwe Resolved
2012-04-26
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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  
Products: 1703.90: Beet molasses resulting from the extraction or refining of sugar  
NTB-000-424 6.6. Border taxes 2011-07-04 Kenya: Malaba Uganda Resolved
2011-08-29
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Complaint: Effective July 2007 to date Kenya Plant Health Inspectorate Service (KEPHIS) imposed a Plant Import Permit (PIP) of KShs 500 on every truckload of Uganda tea in transit to Mombasa, reason that they have to issue a Phytosanitary certificate when Uganda tea is being exported. However at this time Uganda tea is already sold off. This practice is contrary to international practice where the Phytosanitary certificate is issued by a competent authority in the country of origin in this case Uganda. The above practice also many times delays Uganda tea at Malaba due to making receipts, verification and clearing hence late for listing at Mombasa auction therefore making it less competitive.  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that:
1. Kenya does not issue plant import permit to goods in transit.
2. If tea is specifically declared as in transit, Malaba border verifies documentation and release without charging import permit. However if declared for local consumption, permit is invoked.
 
Products: 0902.30: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of <= 3 kg  
NTB-000-421 7.8. Consular and Immigration Issues
Policy/Regulatory
2011-07-07 Zambia: Chirundu Zimbabwe Resolved
2013-04-13
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Complaint: A comercial truck driver's trip was rejected entry into Zambia ,the driver was rejected entry after the expected required number of days (90) allowed entry into Zambia had expired within a period of 12 months . The company was required to pay ZK 2 million for a three month permit. The fees are too exhobitant especially for small scale transport companies. Visa restriction on the movement of commercial vehicle drivers on duty have been experienced in Angola, Namibia, South Africa and Zambia.  
Resolution status note: Pursuant to the SADC transport Protocol signed by Heads of States on the 22nd August 1996 in Maseru, Lesotho and the Memorandum of Understanding (MoU) on Walvis Bay -Ndola-Lubumbashi Corridor signed in March 2010 in Livingstone, Zambia, Zambia directed all Regional Immigration Officers to issue one (01) year Transit Permit to all Foreign truck drivers. The Truck Drivers permit is issued in aacordance to section 32 ,Border Pass and Transit Permit of the Immigration Act of Zambia implememnted from 09 December 2011.  
Products: 1511.10: Crude palm oil  
NTB-000-423 7.1. Arbitrariness 2011-07-12 Mozambique: Dondo Zimbabwe Resolved
2012-03-27
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Complaint: Zimbabwe transport hauliers companies continue to have problems with certain Mozambique authorities. Mozambique authorities (Police at Dondo) are not accepting certified copies of registration books on grounds that if the vehicle does get stolen there are no legal document to prove the vehicle belongs to transporting company. CVR amendments are also not accepted. It looks like the Police are unnecessary targeting Zimbabwe registered vehicles. They are being unreasonable with their fines which are imposed citing very minor faults on vehicles. The police at Dondo hassle the drivers and find no apparent reason to issue tickets.

Forbes border post is hassling drivers, especially the agriculture department. They say that an agriculture permit is required but the documents s gets checked in Beira, Dondo and Inchope. But when they get to the border they claim that this permit is required.
 
Resolution status note: In a consulative meeting held between SADC Secretariat and Focal Points on 19 September 2011 in Maputo, Mozambique reported that, according to existing laws, it is illegal to carry notarised documents. The SADC secretariat in liaison with reporting and imposing country, will facilitate further consultations on the matter if necessary.
2. With regards to agriculture documentation, Moambique reported that documentation is processed by the relevant departments and institutions at the border , therefore this issue does not arise and is considered resolved
 
NTB-000-469 5.12. Export restraint arrangements 2011-07-12 Tanzania: Ministry of Trade and Industry Rwanda Resolved
2012-04-26
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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-000-443 5.5. Import licensing requirements
Policy/Regulatory
2011-07-14 Kenya: Malaba Uganda Resolved
2016-06-30
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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  
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