| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-679 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2014-01-23 |
Rwanda: Rwanda Revenue Authority |
Egypt |
Resolved
2016-08-24 |
View |
|
Complaint:
|
Rwanda doubts the originating status of wheat flour exported by Egypt |
|
|
Resolution status note:
|
During the 5th Meeting of COMESA NTBs Focal Points held in Nairobi fro 23-25 August 2016, Egypt reported that the complainant had not been forth coming with additional information to facilitate consideration of this matter by the countries, In that regard, The two parties therefore decided that the matter be considered resolved . |
|
|
NTB-000-680 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2015-09-04 |
Tanzania: Namanga |
Kenya |
Resolved
2016-04-29 |
View |
|
Complaint:
|
General Motors East Africa sold some vehicles to its dealer in Tanzania which vehicles were charged duty, despite the provisions of the rules of origin which qualify vehicles assembled from CKD as local products and should be sold free of duty within EAC. The Rules of Origin were gazette on the 23rd day of January 2015 and they are fully operational. This is a clear violation of the EAC Rules of Origin. Copies of the EAC Certificate of Origin, the Commercial invoice, the Import Duty Assessment Document & the Import Duty Payment Note for four vehicles that were charged duty at the Namanga border are available for scrutiny if required. We sought an explanation from the Tanzania Revenue Authority but they have not given a substantial explanation except that, in their opinion the rules take effect from October this year |
|
|
Resolution status note:
|
The new EAC rules became fully operational in Tanzania at the end of April 2016 and the the operational manuals were circulated to all borders. The vehicles qualifies for preferential treatment under the new rules. This issue was considered resolved during EAC 20th NTBs Forum |
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|
NTB-000-702 |
2.3. Issues related to the rules of origin |
2015-09-17 |
Tanzania: National Environment Management |
Rwanda |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Delays in issuance of certificates by Tanzania’s NEMA (National Environmental management Authority) which has the validity for three months. It also takes three months to renew the certificate that allows Bralirwa Ltd to export broken glasses and bottles to Dar es Salaam to be recycled by KIOO Ltd.
Reported in 2015.
|
|
|
Resolution status note:
|
During the 25th EAC NTBs Forum held on 9- 12 May 2018, URT and Rwanda reported that this issue hadbeen resolved. |
|
|
NTB-000-707 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2016-05-04 |
Rwanda: Rwanda Revenue Authority |
Tanzania |
Resolved
2017-05-06 |
View |
|
Complaint:
|
Rwanda does not give preferential treatment for rice originating from Tanzania as per the requirement of the EAC Rules of origin |
|
|
Resolution status note:
|
During the 23rd Meeting of the EAC NTBs Forum held from 4- 6 MAy 2017 in Kampala, Rwanda reported that she was now according preferential treatment to Rice imported from Tanzania |
|
|
NTB-000-720 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2016-06-07 |
Sudan: Sudan Customs Authority |
Egypt |
Resolved
2021-03-17 |
View |
|
Complaint:
|
Sudan Customs authority has stopped applying the customs exemption on Egyptian Ceramic tiles products despite the fact that the consignments are accompanied by a COMESA certificate of origin . |
|
|
Resolution status note:
|
RESOLVED during 1st Meeting of the COMESA Regional NTBs Forum held on 16- 17 March 2021 |
|
|
NTB-000-746 |
2.3. Issues related to the rules of origin |
2017-03-17 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-04-25 |
View |
|
Complaint:
|
Customs in Kenya are not accepting the COMESA certificate of origin which has been issued by the Competent Authority in Mauritius based on the "value addition" rule. While all criteria and conditions have been met to comply with the "value addition" rule, officials from the Kenyan Revenue Authority have blocked the consignments of refined sugar which were duly accompanied by a COMESA certificate of origin. |
|
|
Resolution status note:
|
On 12th October 2017, the Mauritius Focal Point reported that, the COMESA Secretariat facilitated a joint on-the-spot investigation between Mauritius and Kenya, carried out on 12-14 June 2017, in Mauritius, to ascertain whether the sugar exported by Mauritius to Kenya meets the origin criteria as set out by the COMESA Protocol of Rules of Origin.
The key findings of the investigation were that the refining of sugar goes beyond the simple mixing of ingredients and that the calculation of value addition was in line with the COMESA Protocol of Origin and therefore the sugar qualified for preferential access. |
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|
Products:
|
1701.99: Cane or beet sugar and chemically pure sucrose, in solid form (excl. cane and beet sugar containing added flavouring or colouring and raw sugar) |
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NTB-000-841 |
2.3. Issues related to the rules of origin |
2018-09-06 |
Uganda: Malaba |
EAC |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Uganda does not recognize the calibration certificate issued by Weight and Measures Agency (WMA) for oil tanks from URT |
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Resolution status note:
|
Tanzania reported during the 25th EAC Regional Forum on NTBs that it was Resolved |
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NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
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|
Resolution status note:
|
During the Bilateral Meeting held on 27th April 2019, both Kenya and Tanzania, Tanzania reported that Cement transfered from Kenya is granted preferential treatment which was disputed by Kenya. The Tanzania Revenue Authority agreed to provide feedback in one week. The meeting was informed by the Secretariat that the NTB was resolved during the CoC meeting of April 2019. |
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|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
|
|
Resolution status note:
|
During the Regional meeting held on 16th October, 2019 it was agreed that the complaint that says, "Kenya further reported that, in addition, Tanzania has introduced another requirement whereby before Kenya export cement, Kenya manufacturers need to send a sample of cement to Tanzania Government chemist for sampling. This is causing delays and it's costly to test and to take samples to Tanzania. This is really frustrating cement from Kenya." should be deleted from the system as Kenya could not provide evidence on the same. |
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|
NTB-000-761 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Uganda |
|
|
Resolution status note:
|
The SCTIFI meeting held on 16 November 2018 was informed that the stay of application on textile and apparels expired on 30th June 2018 and was not renewed
The NTB was resolved by the Committee on Customs (CoC) . |
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|
NTB-000-762 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November 2018, Kenya reported that stay of application ended on 30th June, 2018 and there was no extension for the same. The NTB was therefore resolved. |
|
|
NTB-000-763 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda. |
|
|
Resolution status note:
|
The Secretariat reported that the SCTIFI meeting was informed that Uganda provides preferential treatment. The matter is therefore resolved |
|
|
NTB-000-763 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-28 |
View |
|
Complaint:
|
Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda. |
|
|
Resolution status note:
|
The SCTIFI meeting was informed that Uganda provides preferential treatment. The matter is resolved |
|
|
NTB-000-773 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2019-05-03 |
View |
|
Complaint:
|
Lack of preferential treatment of packaging materials for beverages i.e. juice, milk etc manufactured in Kenya when exported into Uganda. |
|
|
Resolution status note:
|
Kenya informed the 27th Regional Monitoring Committee meeting on 3rd May 2019 that Uganda is now recognising the packaging materials from Kenya.
The NTB was resolved. |
|
|
NTB-000-774 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of paper sacks manufactured in Kenya and exported into Uganda |
|
|
Resolution status note:
|
During the SCTIFI meeting held on 16 November 2018, Uganda reported that the NTB was resolved for Companies that are not under Duty remission. |
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|
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. |
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|
NTB-000-800 |
2.3. Issues related to the rules of origin |
2017-11-01 |
|
|
Resolved
2019-10-15 |
View |
|
Complaint:
|
Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.
EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
|
|
|
Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved. |
|
|
NTB-000-788 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Ethiopia: All Ethiopian banks. |
Egypt |
Resolved
2020-07-09 |
View |
|
Complaint:
|
Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt). |
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|
Resolution status note:
|
On 9 July , Egypt reported that Egypt accepted Ethiopia feedback which is compliant with the COMESA Rules of Origin |
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|
NTB-000-807 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Denial of preferential treatment on automotive products manufactured in Kenya by Toyota Tsusho East Africa Ltd. (TTEA) when exported to Tanzania i.e. for both Toyota Land cruiser 79 pickups and Hino trucks and buses. The products are being subjected to full CET duties. |
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|
Resolution status note:
|
During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Tanzania reported that she observed EAC RoO on Motor vehicles which grants preferential treatment for automotive products assembled in EAC Partner States. Kenya reported during the Forum that this issue was resolved. |
|
|
NTB-000-808 |
2.3. Issues related to the rules of origin |
2017-06-01 |
|
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania. |
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|
Resolution status note:
|
The SCTIFI in November, 2018 was informed that where the certificate of origin is queried, goods should not be stopped from moving but the custom administration should call for a bond as security of the goods until the verification exercise is complete.
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Separation of materials) of the EAC Rules of Origin.
Kenya reported that the NTB for Lubricants & edible oils has been resolved. |
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