| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region |
Status |
Actions |
|
NTB-000-949 |
8.8. Issues related to transit |
2020-03-31 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
Democratic Republic of the Congo |
Resolved
2020-04-03 |
View |
|
Complaint:
|
The Mozambiquan government cancelled issuing visas to all foreigners travelling to Mozambique including for truck drivers from the DRC following COVID-19 outbreak . The DRC uses Beira port for export and import of products to the DRC. Because of this, the DRC truck drivers are stuck at Nyamapanda border post between Zimbabwe and Mozambique and cannot access the Beira port to load their cargo for transportation back to DRC. |
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|
Resolution status note:
|
The SADC secretariat reported that , according to the Mozambican NTBs focal point, the matter was resolved, and it was not as alarming as it was reported. In fact, drivers were impatient with the new sanitary and migratory control rules. |
|
|
NTB-000-948 |
2.6. Additional taxes and other charges |
2019-12-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
|
|
|
Resolution status note:
|
The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme |
|
|
NTB-000-946 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2017-03-01 |
Tanzania: Ministry of Agriculture |
Kenya |
Resolved
2021-04-05 |
View |
|
Complaint:
|
Tanzania introduced new discriminative fees levied against animal and animal products vide Animal Diseases (Animal and Animal products Movement Control) amendment GN no. 475. This discriminatory fees to Kenya (EAC) animal and animal products i.e. beef and beef products, milk and milk products vis-à-vis Tanzania products has increased levies to 4800Tsh per Kg of meat (Ksh from 200 to 500) and 1800 Tsh per Kg for milk. This is against the spirit of the EAC where Tanzania (Partner States) is required to accord equal treatment to products from Kenya. This has negatively affected Kenya beef and beef products into Tanzania. |
|
|
Resolution status note:
|
During the Tanzania NMC meeting held in April 2021, the Meeting was informed that the charge is on Imports from outside the Region and not transfers from the East African Partner States. Since the Republic of Kenya has not produced any evidence of the complaint, the NTB should be resolved |
|
|
NTB-000-940 |
5.14. Restrictive licenses
Policy/Regulatory |
2020-01-09 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2020-09-01 |
View |
|
Complaint:
|
The newly introduced Rwanda FDA is a double registration and a violation to EAC originating products with standardization quality marks for mutual recognition.
Rwanda FDA was never notified to Kenya/EAC
This will mean products going through double registration/approval systems in EAC. Rwanda to consider exempting EAC products from FDA
These are stringent new requirements on the EAC Community Products:
- when you want to import you need to request for import license, we no longer export/import from EAC, therefore when products have quality standardization mark it serves as one of documents to prove the safety of the products.
- You will also need to provide the product invoice and batch test reports to get the import license, before a products is issued with SMark it must be tested and confirmed that it conforms to the EAC products certification therefore this requirements should be exempted from locally manufactured products with quality marks and Certificate of Origin.
- Registration of the products: it is now mandatory to have the products registered have unique Smark numbers. Authenticity of products can be obtained online on the National bureaus.
- Registration fee will make locally manufactured products noncompetitive. |
|
|
Resolution status note:
|
During the RMC meeting the Republic of Rwanda informed that, In addressing such related and persistent NTBs, the EASC in 2018 directed the QATSC to develop a Framework for inter agency regulatory control of food and cosmetics to facilitate cross border trade of these commodities. The final framework was recommended by the EASC for SCTIFI approval in their next meeting and this if Partner States commit to implement will reduce the cost of doing business arising among others from re - registration and re- testing . In respect to the Rwanda FDA, the issue was brought to the attention of the Extraordinary meeting of the EASC held on 12th June 2020. The QATSC was directed to discuss the matter and report in the next EASC meeting held on 23rd July with participation of most Partner States Regulatory Authorities .In that meeting Rwanda FDA reported that they recognize products with the EAC notified Quality -Marks that are issued based on harmonized EAC standards, and what Rwanda FDA was doing was just the listing for such products in building the database. The Registration fees for EAC products is waived and EAC products will be registered automatically. The information is on the website and the the Regulations are attached.The NTB is hence resolved. |
|
|
NTB-000-939 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-10-16 |
Tanzania: Tanzania Revenue Authority at ICD Kenya |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.
The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy |
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Resolution status note:
|
During the RMC meeting held on 10 August 2020, Kenya informed the RMC meeting that the NTB was resolved |
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|
Products:
|
3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa |
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NTB-000-937 |
8.1. Government Policy and regulations |
2020-01-26 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2020-01-30 |
View |
|
Complaint:
|
Lamcast Refractories is a Manufacturing Company located in Redcliff, Zimbabwe. On the 26th of January 2020 we had an export to Zambia, transported via Chirundu border post. Upon arrival at the border our driver was advised through our clearing agent that the consignment needed a cross border permit.
Prior to the trip we had been advised by the VID in Zimbabwe and the Ministry of Transport that the vehicle that we are using is too small (5ton truck), and does not require a cross border permit because of its size and we were further advised that since the truck has yellow number plates it does not require a cross border permit. We were also advised that a cross border permit is issued to 15ton trucks and above of which our truck is a 5ton truck
Our driver has been at border since Sunday the 26th of January 2020 and up today 28/01/20 he has not been cleared on the Zambian side.
The driver had a hard time on both sides of the border because of the issue of the required cross border permit. What we were advised on the ground is different from what was encountered at the border.
May you kindly assist us on the way forward.
We have been exporting to Botswana via Plumtree border post since 2016, and we have never been asked to produce a cross border permit. The exports are being done using the same truck that we are using in Zambia. |
|
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Resolution status note:
|
Zimbabwe Focal Point reported that, the exporter took advice from Zambia Focal Point to seek assistance of Zambian Authorities at Chirundu border post who assisted him. The matter was therefore resolved. |
|
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NTB-000-935 |
1.15. Other |
2019-12-01 |
Zimbabwe: Ministry of Industry and Commerce |
Zambia |
Resolved
2020-02-26 |
View |
|
Complaint:
|
A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.
BV South Africa has been systemically delaying in the issuance of CoCs by, inter alia, requesting for the same documents by different officers in the company and by responding to emails very late beyond the stipulated period of 48 hours within which the CoCs should be issued. These delays have previously lasted up to 3 or 4 months. Additionally BV South Africa has also delayed the issuance of Certificate of Conformity on products that were initially passed on previous assessments despite there being no change in the production process. This problem is related to clearance for exports destined for Kenya and Zimbabwe.
The actions by BV South Africa constitute a Non-Tariff Barrier and we would like this issue to be resolved expeditiously as the Company has already incurred losses as a result of the unnecessary delays. |
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Resolution status note:
|
On 26 February 2020 a representative from Bureau Veritas responded that they are operating a Verification of Conformity programme or CBCA (Consignment- Based Conformity Assessment) on behalf of Governments (in examples provided Zimbabwe, Kenya, Tanzania). Their detailed response to the NTBs is given below :
Followings the analysis of the files reference you provided, we consider that the files were treated in accordance with the applicable technical requirements. For 2 files, improvement of communication would have certainly leaded into shorter processing time. Among various corrective actions that have been decided, the main one is the creation of a Sales Office in Lusaka in order to directly support all exporters willing to export in countries having such Programme of Verification of Conformity. The support will be provided through awareness and clarifications on the implementation of the various programmes. This will be effective as of March 1st 2020. On top of that an awareness session will be organised in Lusaka at the Inntercontinental Hotel on March 27th at 8h30. You are obviously welcome to attend.
We also remind that these programmes are related to conformity of products and applicable assessment process is not only an inspection. Exporters are advised to initiate their requests as soon as they know they are going to supply goods to the country where such program is in place and not to wait for the goods to be ready to be shipped.” |
|
|
NTB-000-934 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
Kenya: Ministry of Industry, Trade & Cooperatives |
Mauritius |
Resolved
2020-07-10 |
View |
|
Complaint:
|
Under the PVoC (Pre-Shipment Verification of Conformity) program, all regulated products to be imported in Kenya have to undergo verification and testing in the country of supply and a Certificate of Conformity (CoC) has to be issued to demonstrate that they meet the requirements of the applicable national standards or approved equivalents and technical regulations. The CoC is mandatory for customs clearance.
However, all consignments subject to PVoC must obtain the CoC prior to shipment. This is where it becomes a barrier.
As a result of this measure, Mauritian exporters of HS 22071090 have to bear additional time and cost in shipping the products to Kenya.
We are therefore requesting the relevant Kenyan authority to amend its measure so that the Certificate of Conformity be requested upon the arrival of consignment instead of prior to shipment. The procedures to obtain the CoC and the shipment of the products can be done in parallel. By the time the products reach Kenya, the COC will be ready to be submitted at the port of entry. |
|
|
Resolution status note:
|
Kenya appreciate Mauritius concerns on NTB No. 934 regarding pre-shipment verification. We therefore confirm that this NTB has been resolved as evidenced by legal notice no. 78 dated 28th April 2020, where clause 9(1) allows for destination inspection. Subsequently, Kenya notified the same to the WTO under notification number G/TBT/N/KEN/1002. |
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|
NTB-000-933 |
7.7. Complex variety of documentation required |
2018-10-12 |
Egypt: Port Said Sea Port |
Mauritius |
Resolved
2020-10-08 |
View |
|
Complaint:
|
The Egyptian authorities require a number of lengthy and costly documentation for clearance of consignment at customs. The identified cumbersome documentation requirements are as follows:
1. All export documents must be signed and stamped by the exporter's legal representative
2. All export documents must be signed and stamped by the Prime Minister's Office of Mauritius (Apostille requirement)
3. All export documents must be signed and stamped by Ministry of Foreign Affairs of Mauritius (Apostille requirement)
4. All export documents must be signed and stamped by the Egyptian Embassy in Mauritius
5. All export documents must be signed and stamped by the Mauritius Chamber of Commerce and Industry
Some products also require a Certificate of Origin issued by the Mauritius Chamber of Commerce and Industry despite being already accompanied by a COMESA Certificate of Origin. |
|
|
Resolution status note:
|
During the 5th Meeting of the COMESA Trade and Trade Facilitation Sub Committee held on 6- 8 October , Mauritius reported that the NTB had been resolved |
|
|
NTB-000-932 |
8.1. Government Policy and regulations |
2019-12-04 |
Zambia: Ministry of Transport |
Zimbabwe |
Resolved
2020-11-10 |
View |
|
Complaint:
|
Zambia Proposed legislation to restrict foreign registered Road Freight Transport Operators from loading cargo into and out of Zambia violates the provisions of the SADC Protocol, particularly:
1.1 Section 5.1 which calls for the development of a strong and competitive road transport industry which provides effective transport services to consumers. Clearly the introduction of quotas is anti-competitive;
1.2 Section 5.2 calls for equal treatment, non-discriminatory, reciprocity and fair competition. As already pointed out the proposed legislation is discriminatory and anti-competitive;
1.3 Section 6 in which a Zambia/Zimbabwe Joint Route Management Group forum exist but apparently has been ignored by the Zambian authorities who have chosen to introduce the proposed legislation without the courtesy of discussion using the established channels.
The transporters see a backlash from regional countries if this comes to pass and we will soon see cargo staging/transfer points arising at border posts as pressure from regional transport operators mount on their respective Governments to implement similar regulation. |
|
|
Resolution status note:
|
On 10 November 2020, Zimbabwe Focal Point reported that this issue is one of proposed legislation which is not in force and still under consultation. Other Countries in the region are implementing similar provisions which in our view should be the ones reported as NTBs. Foreign Transporters are not experiencing any challenges in Zambia with respect to this particular complaint. |
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|
NTB-000-931 |
7.3. Corruption |
2019-11-26 |
Zambia: Mazabuka |
|
Resolved
2020-06-24 |
View |
|
Complaint:
|
Zambia Police (not RTSA) often demand first aid kits from Heavy Goods Drivers. As outlined in Roads and Road Traffic Act, Chapter 464, Third Schedule (Regulation 17), this is NOT a requirement for a HGV, but rather for a passenger omnibus or taxi (vehicles carrying passengers for reward). As best practice and as required by some customers, a few HGV operators do place sealed first aid kits in the cabs of the trucks. ZP then break the seal and claim the kit is incomplete. |
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Resolution status note:
|
On June 24 2020, Zambia Focal Point reported that the complaining company had confirmed that this problem was no longer an issue therefore it id resolved |
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|
NTB-000-925 |
7.4. Costly procedures |
2019-06-03 |
Tanzania: Namanga & Arusha |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
|
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Resolution status note:
|
The SCTIFI held in September 2020, noted that this is an operational Issue and should be resolved from the EAC Time Bound Programme |
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NTB-000-922 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
Uganda: UNBS |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
Lack of recognition of online KEBs standardization mark validity.
Delay in release of shipment , increased cost of transportation
UNBS and KEBS to mutually recognize online standardization mark validities/online KEBs certificate to avoid any costly delays. |
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Resolution status note:
|
The SCTIFI held in September 2020, noted that the issue is operational and should be referred to the quality assurance technical subcommittee for consideration and resolution. The NTB is resolved from this EAC Time Bound Programme. |
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NTB-000-921 |
5.5. Import licensing requirements |
2019-04-01 |
Tanzania: TMDA |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products. |
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Resolution status note:
|
The RMC meeting held on 10 August 2020 was informed that Tanzania registers injectables per pack size as per the registration of pharmaceuticals regulation 5 subsection 6. Hence NTB is resolved |
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NTB-000-920 |
2.8. Lengthy and costly customs clearance procedures |
2019-06-01 |
Tanzania: Namanga |
Kenya |
Resolved
2019-11-07 |
View |
|
Complaint:
|
Lengthy documentation in TRA thus delays and demurrage costs
It takes not more than 3 days to get all necessary documents for Kenya, Rwanda and Uganda while it can take upto 10 days(or more) for TZ since all documentation is processed though the exit border before truck leaves Kenyan side
EXPORT DOCUMENTS REQUIRED IN RWANDA, KENYA & UGANDA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
EXPORT DOCUMENTS REQUIRED IN TANZANIA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
MOVEMENT SHEET
TRANSPORT PERMIT
There is no requirement for transport permit for KE, UG & RW.
There is need for customs to harmonize and reduce documentations so as to simplify export processes and facilitate trade. |
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|
Resolution status note:
|
Tanzania reported that
a) Transport permits for chemicals related products are issued once the import permit has been issued.
b) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, a transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delays in issuing the transport permit as it was issued on the same day. It should be noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
c) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
d) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7 |
|
|
NTB-000-919 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-09-24 |
Kenya: Namanga |
Tanzania |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of preferential treatment on Labels produced by TP Label limited. |
|
|
Resolution status note:
|
The Republic of Kenya informed the Sectoral Committee on Trade that she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.During the RMC meeting held on 10 August 2020, Tanzania confirmed that the NTB was resolved |
|
|
NTB-000-918 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-05 |
Kenya: Charges were applied by Nairobi City Council |
Rwanda |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Requirement to foreign exhibitors in Kenya to have a trading license to be able to display their products in the trade fair without which a fine of Ksh 1,000 per day is imposed to the exhibitor by the City Council. The incident occurred during the Nairobi International Trade Fair that took place at Jamhuri Park to 30th September to 6th October 2019 |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade Kenya reported that it was a one off issue and is committed that it will not happen again in other upcoming exhibitions. The meeting agreed that exhibitors should be informed not to accept any charges and should report to the relevant authorities in case it happens. Hence it was resolved. |
|
|
NTB-000-917 |
2.9. Issues related to transit fees |
2019-10-02 |
Tanzania: Tanzania Revenue Authority |
Rwanda |
Resolved
2020-09-10 |
View |
|
Complaint:
|
Requirement by Tanzania Revenue Authority to Rwandan transporters to use two customs bonds on the Northern-Central Corridor (Kigali-Rusumo-Mombasa via Holili-Taveta border post) costing US$ 150 on departure and US$ 80 on return |
|
|
Resolution status note:
|
During the SCTIFI the Republic of Rwanda noted that the the regional bond will be concluded by 1st July, 2021; in the interim traders are incurring double costs and hence urged the United Republic of Tanzania to waive the requirement of the Regional bond while awaiting the finalisation of the Same.
On the issue of waiving the requirement of the Regional bond, Tanzania reported that the Commissioners of Customs will advise during their engagement.The SCTIFI agreed that the issue is operational and should be referred to the Committee on Customs for resolution. Hence it is resolved in this EAC Time Bound Programme |
|
|
NTB-000-916 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-02 |
Tanzania: Government Chemist Laboratory Authority. |
Rwanda |
Resolved
2020-09-01 |
View |
|
Complaint:
|
Requirement by United Republic of Tanzania to transit trucks carrying chemicals to have export and transport chemical permits. Trucks are charged US$ 1 per ton and in most cases arbitrary charges which are imposed to transit vehicles only. The amount is applied to the entire container weight regardless of the weight of the other non-chemical products being transported in the container. Permits are difficult to obtain during week-ends and original copies are required at the border creating further delays |
|
|
Resolution status note:
|
The RMC meeting held on 1 September 2020 agreed that this complaint be resolved as it is agreeable by Law and hence is not an NTB |
|
|
NTB-000-912 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-09-10 |
Burundi: Bujumbura Port |
Tanzania |
Resolved
2021-04-05 |
View |
|
Complaint:
|
Republic of Burundi has denied preferential treatment of MS -Plate (Iron sheet) produced by ALAF Company in Tanzania. |
|
|
Resolution status note:
|
During the NMC meeting, held in April 2021, the meeting was informed that the NTB was Resolved. |
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