Resolved complaints

Showing items 361 to 380 of 883
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-000-473 2.3. Issues related to the rules of origin 2011-11-05 Uganda: Malaba Rwanda Resolved
2013-04-10
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Complaint: Certificates of origin are not provided at the borders between Rwanda and Uganda and cross border traders are obliged to collect them from Kampala for goods exceeding 500 US$. The long distance to Kampala is time consuming and additional cost to doing business.  
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Uganda reported that Certificates are issued at the border so this NTB has been resolved. Rwanda intervened that it is only simplified certificate of origin for small scale traders that are available at the border but that for large scale traders has to be obtained from Kampala. Uganda undertook to confirm on whether Certificates of origin for large scale traders are available at the border.  
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
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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$2000 as from 16 March, 2012  
NTB-000-494 2.3. Issues related to the rules of origin 2012-04-17 Tanzania: Namanga Kenya Resolved
2013-04-10
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Complaint: Furniture International Ltd had reported in 5th April that locally manufactured furniture in Kenya with an EAC certificate of origin have been stuck in Namanga borders for more than two weeks that means in mid March. The company ended up paying full duties and incurred a loss of more than US$ 3,000. Three is need for mutual recognition between TRA and KRA in regard to certificates of origin since for example the case cited goods were clearly marked made in Kenya.  
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a once off incident which has been corrected.  
NTB-000-507 2.3. Issues related to the rules of origin 2012-03-14 EAC Kenya Resolved
2014-12-11
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Complaint: Lack of recognition of CTH criteria in the EAC Rules of Origin for motor vehicles by Tanzania, Uganda and Rwanda  
Resolution status note: At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now recognizing EAC rules of origin. This NTB is therefore resolved.  
NTB-000-509 2.3. Issues related to the rules of origin 2012-03-14 Tanzania: Tanzania Revenue Authority Kenya Resolved
2012-05-21
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Complaint: Lack of availability of EAC simplified certificate of origin issued by Tanzania  
Resolution status note: On 21 may 2012, Tanzania reporterd that, the Simplified Certificates of Origin had been posted to all TRA regional managers, district managers and officer in charge of all border stations as at Friday 18th May, 2012.  
NTB-000-510 2.3. Issues related to the rules of origin 2012-03-14 Tanzania: Tanzania Revenue Authority Kenya Resolved
2012-05-15
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Complaint: Cigarettes manufactured in Kenya exported to Tanzania required to have a local 75% tobacco content.  
Resolution status note: During the EAC Dedicated meeting on Non tariff Barriers held in Mombasa on 14th March 2012, Tanzania reported that the requirement for 75% local content for BAT cigarrets had been abolished and therefore the NTB is resolved.  
NTB-000-521 2.3. Issues related to the rules of origin 2012-06-20 Tanzania: Tanzania Revenue Authority Kenya Resolved
2013-04-10
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Complaint: TRA rejects EAC certificates of origin . Tanzania Revenue Authority imposes a duty of 25% of EABL products exported to its subsidiary Serengeti breweries limited in Tanzania  
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that certificates of origin are now issued for all EAC products both ion the STR and normal exports.  
NTB-000-522 2.3. Issues related to the rules of origin 2012-06-20 Tanzania: Tanzania Revenue Authority Kenya Resolved
2013-04-10
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Complaint: Non recognition of EAC certificate of origin by Tanzania Revenue Athority for furniture products manufactured in Kenya  
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that this was a one off incidence which had been resolved.  
NTB-000-544 2.3. Issues related to the rules of origin 2012-06-01 Zimbabwe: Chirundu Zimbabwe Resolved
2013-06-13
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Complaint: Customs Manager Churundu, Zimbabwe, he is not giving Value to STR Simplified Trade Regime under Comesa, all congnments with a $1000 value, though it is the value threshold he is revaluing the goods in order to exceed $1000 so that the trader will will not have the benefit of not paying duty, thereby confusing traders and prejudicing them of their priviledges and rights given to then by the gorvnment of not paying duty if they buy products on the List of Eligible products  
Resolution status note: On 1st June 2013, ZImbabwe Revenue Authority explained that the price paid or payable which is the transaction value is normally used to arrive at the value for duty purposes. For STR consignments where the transport and insurance has not been proved the value will be uplifted by 6% as the value for duty purposes in Zimbabwe is on a Cost, Insurance and Freight Basis.There is never an intention by Chirundu or any ZIMRA Office to deny importers their right to clear goods under STR where the goods are properly declared. Where the goods are not properly declared the offices may be forced to resort to revaluation. It should borne in mind that value of goods under STR are generally predictable as the suppliers are few, known and their range of prices can be common.

Zimbabwe Revenue Authority further observed that, this complaint is too general and is not pointing to a particular incident. Should they have a specific query, the complainant is encouraged to make a write up to the Commissioner General of the Zimbabwe Revenue Authority so that investigations are carried out and the query responded to. In the spirit of transparency the complainant is also advised to raise any issues with the Regional Manager responsible for Chirundu who is based at Kurima House in Harare.

In the absence of specific reference to affected product or incidence, this complaint will be considered resolved on the basis of the explanations above.
 
NTB-000-558 2.3. Issues related to the rules of origin 2012-10-06 Zimbabwe: Beitbridge Zimbabwe Resolved
2013-08-07
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Complaint: My company was importing a pallet of various alcoholic beverages. The consignment was accompanied by the required SADC origin papers from the manufacturer in South Africa. When the pallet was searched officers found, on the label of one of the products, bottled in south, produce of mexico. Upon seeing this the officers immediately seized the tequila, along with some South African made whiskey. Firstly this is in contravention to the SADC protocols of trade, whereby- Rule 9 of the protocols of trade, sections 3 and 4-

3. The competent authority designated by an importing Member State may in exceptional circumstances and notwithstanding the presentation of a certificate issued in accordance with the provisions of this Rule, require, in case of doubt, further verification of the statement contained in the certificate. Member States, through their competent authorities, shall assist each other in this process. Such further verification should be made within three months of the request being made by a competent authority designated by the importing Member State. The form used for this purpose shall be that contained in Appendix IV to this Annex.

4.The importing Member State shall not prevent the importer from taking delivery of goods solely on the grounds that it requires further evidence, but may require security for any duty or other charge which may be payable: provided that where goods are subject to any prohibitions, the conditions for delivery under security shall not apply.

This section clearly states the rules and procedures to be followed when there is a query on the legitimacy of the origin of a product. The Zimbabwean border officials ignored these and seized the goods.

Upon seizure we were given the opportunity to appeal the seizure and prove the origin of the goods.
We did this and the Station Manager at Beitbridge completely ignored all of the evidence we sent him. We have documentation from the manufacturer, proving the origin of the goods, further we gave them the contacts of various people in the South African Tax Department to verify their claims. All of this was summarily ignored and we were issued a notice to pay the duties due for a non-sadc product, and a fine. Together this figure amounts to almost double the value of the products. We have since appealed to the ZIMRA Commissioner General to have the fines and duties repealed and the products released, and are awaiting reply.
 
Resolution status note: SADC Secretariat, in consultation with Zimbabwe Revenue Authority recommended that the NTB be considered resolved and that the importer be educated about issues of origin within the context of a Free Trade Area. ZIMRA reported that seizure of the consignment was done in terms of Section 193 (1) of the Zimbabwe Customs and Excise Act (Chapter 23:02) which reads "Subject to subsection (3), an officer may seize any goods, ship, aircraft or vehicle (hereinafter in this section referred to as articles) which he has reasonable grounds for believing are liable to seizure". In this case the origin of the goods was incorrect.  
Products: 2208.30: Whiskies and 2208.70: Liqueurs and cordials  
NTB-000-644 2.3. Issues related to the rules of origin 2014-11-16 Rwanda: Rwanda Customs Authority and also in Majerwa Egypt Resolved
2016-08-24
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Complaint: We are importing Wheat flour from Egypt from one of the Biggest Flour mill and factory in Egypt. We have original Certificate of Origin and Comesa certificate. But they do not accept and put us import Duty. Before it is 100% Duty free. But now since september they are not accepting it. Egypt is part of Comesa and Good produced in Egypt and 100% Duty free. So why is wheat flour not accepted. Please help  
Resolution status note: During the 5th meeting of COMESA NTBs Focal Points, the two parties reported that the certificate of origin was now being recognised and therefore the NTB had been resolved.  
Products: 1101: Wheat or meslin flour.  
NTB-000-654 2.3. Issues related to the rules of origin 2014-12-11 Uganda: Mutukula Tanzania Resolved
2015-12-15
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Complaint: Rwanda and Uganda have not accorded preferential treatment on exports of rice from Tanzania through Rusumo and Mutukula borders respectively.  
Resolution status note: On 21st December 2015, Uganda Focal Point reported that Uganda was now according preferential treatment for rice originating from Tanzania. This NTBis therefore resolved  
NTB-000-676 2.3. Issues related to the rules of origin 2015-07-31 Mauritius Resolved
2026-02-18
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Complaint: The 2 stage transformation needed on clothing is too stringent as it stifles investment in manufacture of clothing due to economic reason and prices. Our company would want to invest in Bio organic fabrics. We invest in stock form India for knitted fabric jersey 100% but with this fabric we have issues to get the SADC certificate of origin as in the rules of origin it does not have 2 value added process. But we are a brand, we produce the garment here in Mauritius we do also the printing at our factory. Therefore there is two process, the cloth is cut here, and then printing.Please can our case be studied as we are a SME factory and for our survival we need to export to Africa. Can this case be study for the rules of origin be modified if the printing process is big part on the value of this product  
Resolution status note: Mauritius recommends marking the complaint as resolved, based on the commitment to propose a review of the Rules of Origin during the upcoming TNF meeting. The current regulations lack the necessary flexibility, hindering their effective application. A review would enable Member States to address these challenges and enhance our collaborative efforts.  
NTB-000-678 2.3. Issues related to the rules of origin
Policy/Regulatory
2011-08-25 Egypt: Egyptian Customs Authority - Ministry of Finance Kenya Resolved
2016-02-08
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Complaint: Non acceptance of COMESA certificates of origin on mill white sugar, LG Electronics (TV sets) originating from Kenya  
Resolution status note: On 8th February 2016 , Focal Point for Egypt reported that the NTB be considered resolved on the basis of a recommendation from a joint visit on the spot verification for Mill White Sugar and LG products (TV Sets) was undertaken that White sugar & LG Electronics (TV sets) qualify for preferential treatment according to COMESA protocol of ROO.  
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
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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
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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  
NTB-000-702 2.3. Issues related to the rules of origin 2015-09-17 Tanzania: National Environment Management Rwanda Resolved
2018-05-12
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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
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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
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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
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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.
 
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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