| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region |
Status |
Actions |
|
NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
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Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
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Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
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Products:
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0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
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NTB-001-008 |
2.2. Arbitrary customs classification |
2020-05-05 |
Zambia: Ministry of Livestock and Fisheries |
South Africa |
Resolved
2022-10-10 |
View |
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Complaint:
|
Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product. |
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Resolution status note:
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A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition |
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NTB-001-007 |
2.6. Additional taxes and other charges |
2021-02-25 |
Zambia: Livingstone |
|
Resolved
2021-11-29 |
View |
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Complaint:
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A member of the South African Brand owners Association is experiencing push back from Zambia’s Ministry of Health in that they do not want to issue the Zambian importers a Health Clearance certificate unless the product has been subjected to re-testing in Zambia.
The association presented the Certificate of Analysis issued by South African Department of Agriculture, Land Reform and Rural Development which is responsible for analysis of products in South Africa, which was rejected by Zambia authorities.
The importers ended up going to meet the Permanent Secretary at the Ministry of Health to plead their case for clearance of which the Ministry said that they could not advise on which specific metals to test and advised that for future reference and to avoid this occurring again, the importers may use the former certificates to identify the metals that are present to enable the lab to test accurately. The example attached by the Ministry was for the inclusion of the following tests:
Natamycin
Sorbic Acid
Zinc – ZN
Copper – CU
Iron – FE
Lead – PB
For years the South African Health Clearance Certificate was accepted. The duplication of test conducted results in the below additional costs for our importer:
R240 per wine selected. We export 202 skus. If we have to test all of them at least once a year then we will spend R48 480 annually to confirm that our products are in spect.
Following the meeting with Ministry of Health , the Zambian importers reported that some past COA’s have successfully now managed to gain clearance for 2021 Q1 and Q2. We would appreciate if this matter can be resolved. |
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Resolution status note:
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A meeting held on 29 November 2021 between the Zambian Health Authority , DTIC and affected stakeholders . resolved the matter as follows:
1. Undertaking by Zambia to finish South Africa with the copy of the Regulations.
2. Acceptance of the South African Health Clearance Certificate
3. Testing of products once a year instead of bi-annually. |
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NTB-001-002 |
1.2. Government monopoly in export/import |
2021-01-27 |
Zambia: Kariba |
Zimbabwe |
Resolved
2021-01-30 |
View |
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Complaint:
|
Zambia Revenue Authority has produced a statutory Instrument (SI NO 115 OF 2020 which prohibits exportation of certain products to neighboring countries e.g Zimbabwe. Trade has been going on well between Zimbabwe and Zambia without challenges and if there was need for commodities to exported or imported with license or permits traders have been abiding as required by Law. Zambia Revenue Authority Kariba is holding trucks intended to cross to Zimbabwe for clearance because of this Statutory Instrument, The statutory Instrument is not clear on the reasons or basis for its effect, It has come harder for the traders as the situation will force them to use chirundu which will then be costly for them to drive back to chirundu, whereas those goods in trucks which are in Zambia have been pre cleared in Zimbabwe awaiting PE as the normal way . |
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Resolution status note:
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The Zambia Revenue Authority facilitated the clearance of the consignments that were already at Kariba Border Post. Importers/Exporters/Transporters were urged to be guided by the Statutory Instrument on the routes they are required to use when carrying certain cargo.
Due to the nature of the current situation, those already at Kariba were allowed to proceed. |
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Products:
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1905.3: - Sweet biscuits; waffles and wafers :, 0401: Milk and cream, not concentrated nor containing added sugar or other sweetening matter. and 34: CHAPTER 34 - SOAP, ORGANIC SURFACE-ACTIVE AGENTS, WASHING PREPARATIONS, LUBRICATING PREPARATIONS, ARTIFICIAL WAXES, PREPARED WAXES, POLISHING OR SCOURING PREPARATIONS, CANDLES AND SIMILAR ARTICLES, MODELLING PASTES, ‘DENTAL WAXES’ AND DENTAL PREPARATIONS |
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NTB-001-000 |
2.14. Other |
2020-12-01 |
Zimbabwe: Beitbridge |
Zimbabwe |
Resolved
2021-03-31 |
View |
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Complaint:
|
ZIMRA is requesting all transporters to be registered in its system to be able to lodge electronic manifest. This is still happening and is resulting in delaying of movement of cargo at all its points of entry. The requirement is compulsory and difficult to operationalise as transporters most of them are small and medium and they do not have the technical know how of doing it. The requirement should be removed or be given to the registered agents who are already utilising the ZIOMTRA system. there has been no joy for both inward bound transporters and removal in transit. This is against the spirit of Trade facilitation . |
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Resolution status note:
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Issue was resolved |
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NTB-000-999 |
2.3. Issues related to the rules of origin |
2020-12-01 |
Uganda: Busia |
Kenya |
Resolved
2021-03-23 |
View |
|
Complaint:
|
Uganda denial of Market access on Fay Aluminium Foil and Fay Cling they have instead charged full CET to Kimfay Kenya manufactured products.
KRA conducted a verification visit to Kimfay premises as required under the EAC ROO 2015 to ascertain origin and certified in 2016. Since then the company has been exporting under EAC preferential Treatemnt until December 2020 where URA charged full CET and also charged infrastructure levy and excise duty despite the two products meeting the criteria for EAC rules of Origin 2015.
New imposed levies Fay Cling Film film Fay Aluminium Foil
Excise duty 10% 0
Infrastructure levy 1.50% 1.50%
Import duty 0 25%
Existing tax
VAT 18% 18
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Resolution status note:
|
During the NMC it was noted that not all aluminium foil is denied preferential treatment in Uganda. The criteria cited to grant the Origin was contrary to Rule 6 of the EAC RoO 2015. Hence the denial of preferential treatment. KRA will take it up to engage the trader on the matter. Hence the issue is not an NTB and was RESOLVED |
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Products:
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7607.20.90: -- Other |
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NTB-000-997 |
1.7. Discriminatory or flawed government procurement policies
Policy/Regulatory |
2018-07-01 |
Uganda: Uganda VAT |
Kenya |
Resolved
2021-10-19 |
View |
|
Complaint:
|
Uganda charges Kenya manufactured excise books VAT at 18%. The VAT is not levied on Uganda locally manufactured books. The discriminative VAT is in violation of Article III of GATT 1994, Article 75(6) of the Treaty establishing the EAC and Article 15 of the EAC Custom Union Protocol as it subjects Kenyan manufactured products to VAT charges not charged on same domestic products in Uganda. |
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Resolution status note:
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During the Regional Meeting held in October 2021, the Republic of Kenya confirmed that the NTB was Resolved |
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NTB-000-992 |
7.10. Other |
2020-12-01 |
Zimbabwe: Chirundu |
Zambia |
Resolved
2021-09-02 |
View |
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Complaint:
|
Zimbabwe is not consistent with the SADC COVID-19 requirement/guidelines of drivers requiring a 14 days validity test as a 48 hours requirement has been imposed. This has resulted in increase in cost of doing business as drivers have to take multiple COVID-19 tests which cost on average $76 per test. Transporters travelling into Zambia on the other hand can use their COVI-19 certificates within a 14 day period. A transporter delivering/transiting in Zimbabwe is required to take at least 2 COVID tests within the 14 day period. In some cases this has caused congestion at the border as truckers rush to beat the 48 hour COVID-19 test validity. |
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Resolution status note:
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Zimbabwe reported that the COVID policies are consistent with SADC as follows:
1. 14 day validity is for bus operators and Malaitsha
2. Truck operators we need PCR valid for 30 days
3. Regular travellers 48 hrs.
48hrs means that for regular travellers, they must travel within 48 hours of getting PCR results. This requirement is for regular travellers. If truckers are complaining, its a misinterpretation by implementers.
In light of the above, ZIMRA indicated that corrective actions will be undertaken to address issues raised by the complaint. Effective supervision and monitoring will be implemented. |
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NTB-000-984 |
2.9. Issues related to transit fees |
2020-10-07 |
Kenya: Namanga |
EAC |
Resolved
2020-10-07 |
View |
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Complaint:
|
Namanga /Kajiado County still charges 2,000 Ksh for all Burundi Cargo trucks transiting Kenya |
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Resolution status note:
|
It's a resolved NTB that rised again |
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NTB-000-980 |
2.3. Issues related to the rules of origin |
2019-11-30 |
Rwanda: Rwanda Revenue Authority |
Egypt |
Resolved
2021-03-14 |
View |
|
Complaint:
|
Rwanda Authorities didn't approve Comesa certificate of origin which is issued from Egypt as they are objecting that the product is not Egyptian production . We will be more than happy to invite the delegates from Rwanda to visit our factory & can do inspection to satisfy themselves. The exporting company provided all the required documents necessary to satisfy the criteria for issuing Comesa Certificate to Rwanda. As per the Rules of Egyptian Government for Comesa we have submitted all the necessary documents. Comesa Certificate No. (0092824) is attached. |
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Resolution status note:
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RESOLVED during 1st Meeting of the COMESA Regional NTBs Forum held on 16- 17 March 2021 |
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NTB-000-975 |
1.8. Import bans |
2020-07-02 |
Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives |
Uganda |
Resolved
2021-03-18 |
View |
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Complaint:
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Kenya banned importation of sugar ,brown sugar and raw cane from Uganda |
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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 |
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NTB-000-974 |
7.2. Discrimination
Policy/Regulatory |
2020-05-02 |
Kenya: |
Tanzania |
Resolved
2021-06-10 |
View |
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Complaint:
|
Kenya recently enacted the Business Law (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 (the Excise Duty Act) by imposing excise duty on imported glass bottles (excluding glass bottles for packaging pharmaceutical products) at a rate of 25%, with effect from 18 March 2020. This amendment will result in an increase in the cost of imported glass bottles as compared to glass bottles which are locally manufactured in Kenya. |
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Resolution status note:
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TheRepublic of Kenya issued an administrative note to implement the Court injunction on the Kioo case and the NTB was resolved . |
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NTB-000-973 |
We are asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected. |
2020-08-04 |
Mozambique: Delegação Aduaneira de Namaacha |
Eswatini |
Resolved
2021-07-09 |
View |
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Complaint:
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Eswatini Company is asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected in line with Ministerial Diploma NO 18/2007 of February 9, which approves the table of various fees for Border Posts, effective from August 2, 2020. However inspection cargo is not done and therefore we are made to pay for services not rendered. Further , the drivers have t pay to get their passport stamped.
How do we dertermine the time the vehicles stays at the border if we are billed a hourly charge all documentation and taxes dues are paid in advance to try and speed the process up why does the driver need to pay to have his passport stamped on arrival and more strangely on exiting with an empty vehicle. |
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Resolution status note:
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Mozambique Focal Point reported that the inspection fee for motor vehicles at the Namaacha border was charged under Ministerial Diploma nº 18/2007, of 9 February. However, said fee was revoked by Ministerial Diploma nº 28/2021, of 30 April 2021 |
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Products:
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3214.10: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings |
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NTB-000-972 |
7.5. Lengthy procedures |
2020-07-24 |
Zimbabwe: Beitbridge |
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Resolved
2021-07-29 |
View |
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Complaint:
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There is usually a very long queue of north-bound trucks on the South African side of the border. This situation is very undesirable at it negatively affects trade facilitation along the north-south corridor and is a big concern in efforts to fight the covid-19 pandemic. These trucks are held up at the border due to some of the following reasons:
1) The Zimbabwe Revenue Authority Document Processing Centres (DPCs) are opening at 0800hrs and closing at 1500hrs. Outside this period trucks are still moving and documents are continuously lodged into the system by clearing agents. Processes that should be done in the Zimra system cannot be performed during this period. The border post is open for 24 hours and closure of the DPCs creates a bottleneck. Operating hours of the DPCs have been affected by the national curfew (0600hrs-1800hrs) that was recently introduced by Government to fight against the covid-19 pandemic.
2) Other customs processes such as cargo release (manual) procedures and query resolution are taking too much time to be done.
3) Due to the recent upward movement in the exchange rate, clearing agents sometimes do not have enough bond cover to move goods in transit. This has also resulted in truck movement delays. A proposal to have these bonds denominated in USD (in order to introduce stability in the system) has been made by the association to Zimra.
4) There are delays by Zimra in generating T1s which allow movement of transit cargo even in cases where bonds sufficiently cover the goods.
5) Of late Zimra did very well by opening a fast lane (green route) for some traffic but there has been no consistency in this process. The route is closed at times.
6) There are undesignated check-points within the border which humper movement of trucks. |
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Resolution status note:
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ZIMRA advised that this issue has been dealt with by the Ease of doing business task force, however In the interim as the lead agent will escalate the challenges to the responsible authorities of the respective other agencies making reference to the Ease of doing business resolutions and will monitor to ensure checkpoints as agreed in the Ease of doing business meetings are adhered to. |
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NTB-000-971 |
8.6. Vehicle standards |
2020-07-14 |
Zambia: Halfway Patrol |
Zimbabwe |
Resolved
2021-03-17 |
View |
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Complaint:
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We export to Zambia and use our own truck (an 8tonne truck with yellow plates)to dispatch the products. We have exported for 5 times without any incident. On the above mentioned date our driver got a fine apparently for "plying for hire and reward". We have been exporting to Botswana since 2016 and we have never come across such an incident.We are not into transport business therefore our truck is specifically for dispatching to our customers hence the Yellow plates. We have a PTA Carrier Licence.
Please assist us. |
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Resolution status note:
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The Focal Point contacted the exporter to provide further information on whether it was a one of or repeated challenge . Exporter has not provided feedback. RESOLVED DUE TO LACK OF EVIDENCE |
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NTB-000-969 |
1.4. Preference given to domestic bidders/suppliers |
2020-06-11 |
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Kenya |
Resolved
2020-08-10 |
View |
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Complaint:
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Uganda denial of market Access of essential products of Kenya manufactured and exported handsanitizer by Unilever Kenya.
Uganda Drugs Authority through a letter has denied market access handsanitizer manufactured in Kenya by Unilever Kenya and exported into Uganda Unilever making trucks loaded with the products stranded. The products have been issued with certificates of origin.
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Resolution status note:
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During the RMC meeting held on 10 August 2020, Uganda Focal Point reported that the NTB had been resolved . |
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NTB-000-968 |
1.7. Discriminatory or flawed government procurement policies |
2020-01-10 |
Tanzania: Government Chemists & Lab Allied (GLCA) |
Kenya |
Resolved
2020-09-01 |
View |
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Complaint:
|
Chemical Transport Permit for vehicles transporting Kenya’s carbon dioxide (food grade) is classified as a chemical in Tanzania (C02) The license to transport chemicals into Tanzania costs approx. US$ 2/mt. So for trucks which are usually approx. 20mt, are required to pay US$ 40 per truck. The license is issued by GCLA. |
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Resolution status note:
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During the RMC meeting held on 1 September 2020 , the Secretariat advised that the East African Community Vehicle Load Control Act of 2016 Article 9 read together with the East African Community Vehicle Load Control (Special Loads) Regulations, 2018 Article 12 provides for special categories of vehicle loads that shall only be transported through the Regional Trunk Road Network if a special permit has been issued by the Minister of the relevant Partner State. Carbon dioxide is a chemical that is classified under the Industrial and consumer chemical (Management and Control) Act (pg 55) as hazardous loads and hence needs a special permit to be transported.
The small service fee charged is non-discriminatory and is provided for by Law. Therefore this is not an NTB and should be resolved. |
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NTB-000-967 |
2.3. Issues related to the rules of origin |
2020-01-01 |
Uganda: Uganda Revenue Authority
|
Kenya |
Resolved
2020-11-24 |
View |
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Complaint:
|
Uganda denial of preferential market access for wheelbarrow wheels wholly manufactured by Kenrub LTD transferred into Uganda.
The wheelbarrow wheels have been verified by KRA and issued with the certifiate of origin but Uganda do not accept.
URA has not communicated officially to the manufacturer/buyer or KRA on the reasons for denial of preferential treatment. |
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Resolution status note:
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On 24th November 2020, the Secretariat Focal Point reported that Kenya submitted a report that they are satisfied with progress made to resolve this NTB and hence this NTB has been resolved. |
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Products:
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4012.19: Retreaded pneumatic tyres, of rubber (excl. of a kind used on motor cars, station wagons, racing cars, buses, lorries and aircraft) |
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NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
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Resolution status note:
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Kenya informed the meeting that the charges are in accordance with the existing KPA regulations. The verification charges are applicable to containers identified for verification upon the customer's request. The customer has a choice to use an independent agent. Hence this is not an NTB and is resolved. |
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NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
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Resolution status note:
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The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved. |
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