| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-143 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT
Policy/Regulatory |
2023-09-22 |
Kenya: Namanga |
Tanzania |
Resolved
2024-07-04 |
View |
|
Complaint:
|
The consignment of Hermetic Bags manufactured by A to Z Textile Mills Ltd of Arusha Tanzania vide export invoice No. OE/7505/23-24 and Road Consignment Note No. 306 was seized by Kenyan Bureau of Standards (KEBS) and held for twenty (20) days as from 22nd September 2023 to 12th October 2023 against the Mutual Recognition arrangement of certified products in the community as per the dictates of SQMT Act of 2006.
The product is certified by Tanzania Bureau of Standard (TBS) as conforming to EAC standard EAS 985-1:2020 and given license No. 4290.
Test results of a sample collected by KEBS from the seized consignment proved that the product conforms to the requirements of the standard - EAS 985-1:2020.
The seizure by KEBS robbed the Tanzanian Company an opportunity to trade, delayed the transfer of goods to her client in Nairobi and loss of TZS 1,668,205/= paid for warehouse rent and reloading of the goods.
Seizure notice, Test results from KEBS, Invoice, Payment receipt and TBS letter to KEBS are attached for reference.
Therefore, I request Kenyan Authorities to;
i. Respect Mutual Recognition arrangement of certified products
ii. Refund the amount of money which was paid by the exporter for unjustifiable seizure of certified goods from Tanzania |
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|
Resolution status note:
|
The NTB was resolved during the Bilateral meeting where both Parties agreed to adhere to the provisions of the SQMT Act and no Party should take any action without consultations with other standards bodies. Hence the demand for mutual recognition was addressed. The refund is still under consideration in the bilateral arrangements |
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NTB-001-141 |
5.5. Import licensing requirements |
2023-08-15 |
|
Uganda |
Resolved
2024-07-04 |
View |
|
Complaint:
|
SOUTH SUDAN IS IMPOSING EXTRA LICENSING REQUIREMENTS ON IMPORTS.
On August 15, 2023, the South Sudan government, represented by the South Sudan National Bureau of Standards, issued a memo affecting importers in the country. The memo stipulates that all food items imported into South Sudan must be accompanied by a Certificate of Conformity (CoC), which includes an attached Certificate of Analysis from a reputable laboratory. This new requirement has several implications like Extended Process Duration, Business Impediments among others. |
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Resolution status note:
|
The CoC is not applicable anymore. Hence the NTB was resolved |
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NTB-001-139 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
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Resolution status note:
|
The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette" |
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NTB-001-138 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authroity |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
SCT TRA at the ICD Kenya is delaying approval of export documents causing costly delays and non-timely delivery of products to clients in URT.
To release the tuck took 5 days. We have an issue with TRA where the physical documents have to be submitted manually. Exporters lodges documents waits for release, goes back for BT and still for a movement sheet and this is an online thing you must wait.
In case the movement sheet is not transmitted, exporters submit again for retransmission.
There is always a long queue in the ICD-TRA office that consumes a lot of time for exporters to be attended to.
This back-and-forth process is delaying the export process.
1. We request URT to resolve the matter and grant timely approval of export documents.
2. URT should automate the approvals and avoid manual approval.
3. When the SCT system is down, there should be quick resolution and an agreed time to release goods manually.
We request for timely delivery of goods to avoid the costly delays caused by URT.
Truck loaded on 24/10/2023
25/10/2023-Submitted physical file to Tra, release denied we were told to provide ETR receipt and tax invoice
26/102023- Submitted the file with all new requirements, release denied again, that the tax invoice does not match with the invoice on the assessment documents, the assessment document was declared based on proforma invoice
27/10/2023-Submitted the file again and release was issued ,BT was declared and received the same day from the agent..
30/10/2023-submitted the file again movement sheet was generated.
TZNG-23-1438288 & TZNG-23-1437343
26/9/2023- The files for the above assessment documents were submitted to TRA at ICD
• TZNG-23-1437343 - release was issued.
• TZNG-23-1438288 -was asked to compare manifest and compared the same date.
27/9/2023- the files were submitted again at 11 am
• TZNG-23-1437343- nothing was done.
• TZNG-23-1438288- release was issued.
On 27/9/2023 at 3 pm the files were submitted again
• TZNG-23-1437343-Movement sheet was generated.
• TZNG-23-1438288-movement sheet was generated.
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Resolution status note:
|
The Secretariat advised that this issue is operational and was not considered as an NTB" |
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NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
Resolved
2024-03-20 |
View |
|
Complaint:
|
Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya
The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda. |
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Resolution status note:
|
Rwanda advised that " According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectioneries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn" |
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NTB-001-136 |
2.6. Additional taxes and other charges |
2023-10-03 |
Tanzania: TRA |
Kenya |
Resolved
2024-07-04 |
View |
|
Complaint:
|
URT Denial of preferential Market Access for Kibo Motorcycle transferred from Kenya into URT. URT is instead demanding for full CET instead of granting the preferential treatment as the motorcycle has been accompanied with the certificates of Origin. We urge URT to grant preferential treatment to Kenya manufactured motor cycles. |
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Resolution status note:
|
There was a mistake in the Certificate of Origin. Kenya needs to rectify it and Tanzania grants preferential treatment. This is not an NTB and hence should be removed from TBP. The NTBs are resolved |
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NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
|
Complaint:
|
Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
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Resolution status note:
|
The issue was addressed and the trader confirmed he was served |
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NTB-001-124 |
2.3. Issues related to the rules of origin |
2023-05-01 |
Tanzania: Namanga |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
URT denial of preferential Treatment to Motorcycle Accessories exported to TZ by Silverline Accessories LTD in Kenya. URT is charging full CET despite the exported spares having the EAC Certificate of origin confirming that the spares have been manufactured in Kenya and qualify for the EAC preferential treatment. In addition, URT have declined to respond to interventions by the Kenya Revenue Authority and the EAC Secretariat.
We request URT to grant preferential treatment to Motorcycle Accessories exported by Silverline LTD in Kenya and incase URT have any doubts on the origin they should facilitate delivery of the goods and follow the ROO/protocal/EACCMA procedures to verify & ascertain their concerns. |
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Resolution status note:
|
The 45th SCTIFI meeting noted that a verification was undertaken whereby the headlamps, tail lamps, and indicators qualified for preferential treatment and are being granted preferential treatment in the United Republic of Tanzania as directed by the 44th SCTIFI. The side mirrors however that had not qualified in the first verification also qualified for preferential tariff treatment under Rule 4(1) (b) of the EAC Rules of Origin, 2015, since they met both criteria i.e. material content and Change in Tariff Heading (CTH) after a second verification. |
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|
NTB-001-117 |
2.10. Inadequate or unreasonable customs procedures and charges |
2023-05-02 |
South Africa: Maseru Bridge |
Lesotho |
Resolved
2024-05-31 |
View |
|
Complaint:
|
We have done trade with Eswatini for 33 years and tried to be fully compliant with SARS, but they keep changing the rules and moving the goal posts. We have paid R709,000-00 in provisional VAT taxes that have not been returned to my Company via our clearing agent, Kayhil Freight. Kayhil Freight says that SARS is not processing the acquittal documents and paying them. I do not know who is telling the truth, but we remain short on cash flow by R709,000-00 despite submitting each acquittal on time and without fault. SARS officials are now insisting on Removal in Bond licenses for us to use our own vehicles to deliver to customers in Eswatini, and as such we are not allowed to cross the border. We have been charged Penalties, despite trying to follow the rules imposed by SARS. Please help us we are desperate. |
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Resolution status note:
|
Lesotho Focal Point reported that the NTB had been resolved successfully |
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Products:
|
3003.90: Medicaments consisting of two or more constituents mixed together for therapeutic or prophylactic uses, not in measured doses or put up for retail sale (excl. antibiotics containing hormones or steroids used as hormones, but not containing antibiotics, al |
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NTB-001-116 |
8.8. Issues related to transit |
2023-05-01 |
|
Uganda |
Resolved
2023-07-03 |
View |
|
Complaint:
|
There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each. |
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Resolution status note:
|
During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved. |
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NTB-001-115 |
1.1. Export subsidies |
2023-02-01 |
|
Kenya |
Resolved
2023-07-03 |
View |
|
Complaint:
|
Uganda subjecting full CET to export/transfered from Kenya Kenknit to Uganda. We urge Uganda to grant preferential treatment to Kenknit products that conform to origin. |
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Resolution status note:
|
On 3rd July 2023, the EAC NTB Unit reported the trader confirmed through the EAC Secretariat that the issue had been resolved |
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NTB-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
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Resolution status note:
|
The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
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NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
|
Complaint:
|
T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit
a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime. |
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Resolution status note:
|
The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP |
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NTB-001-112 |
1.2. Government monopoly in export/import |
2023-01-01 |
Uganda: Ministry of Finance |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda Denial of Market Access to EAC Partner States Under Preferential Treatment by charging full CET of 35% to juices origination from Kenya transferred to Uganda by Bidcoro. |
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Resolution status note:
|
During the 43rd SCTIFI the Republic of Uganda informed the meeting that the company Bidcoro was under a country-specific duty remission scheme to import raw materials for the manufacture of fruit juice from September 2021.
Kenya informed the meeting that the company is no longer gazetted under the country-specific DRS
The meeting therefore agreed that the NTB is resolved |
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NTB-001-104 |
1.8. Import bans |
2023-03-06 |
Kenya: Kenya Diary Board |
Uganda |
Resolved
2023-03-20 |
View |
|
Complaint:
|
IMPORT BANS AND DENIAL OF MARKET ACCESS BY KENYA.
On 6 Mar 2023,the government of Kenya through the Kenya Diary Board stopped the issuing of import permits for powdered milk as a means of cushioning the surplus production and low producer prices in Kenya.
By this, Kenya is breaching EAC customs union protocol and the customs union that makes us a common market as well.This is denying ugandan powdered milk access to the kenyan Market and will negatively impact trade relations between the two countries. |
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Resolution status note:
|
The 42nd SCTIF noted that the NTB was resolved. |
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NTB-001-101 |
8.7. Costly Road user charges /fees |
2022-11-21 |
|
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
SOUTH SUDAN IS IMPOSING COSTLY ROAD USER CHARGES/FEES. The government of South Sudan through the National Revenue Authority imposes high charges on Ugandan transporters for road use. In 2022, Exporters from Uganda to South Sudan were paying Six Thousand Pounds (6,000) but received receipts reading Five thousand pounds( 5000). This fee isn't in the law and is very costly.It is also impossible to explain to the truck/cargo owners the difference in money paid and money receipted
Currently 2023, Exporters from Uganda to South Sudan are paying Twenty eight Thousand Pounds (28,000) but the receipts they get after payment indicate Twenty One Thousand Pounds (21,000).
This is very unfair and increases the cost of doing business.
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Resolution status note:
|
The 34th RMC was informed that the road user charges for Uganda traders are 21,000 SSP. The 7,000 SSP extra payment is an administrative charge payable to the Ministry of Interior Traffic Directorate. The fee is charged on all transporters, not only Ugandan transporters.
The meeting was informed that Road user charges in RSS in 2022 was 5,000 SSP. In 2023 RSS is charging transporters RUC amounting 21,000 SSP.
The meeting agreed that RSS should stop charging the extra 7,000 SSP on top of the road user charges which are not issued a receipt. |
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NTB-001-097 |
3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s. |
2022-11-28 |
Tanzania: Tanzania Bureau of Standards |
Malawi |
Resolved
2023-03-28 |
View |
|
Complaint:
|
Tanzania requires that we produce a Certificate of Analysis done in SGS labs only which are only in South Africa and Mauritius. The test must be done on each and every consignment which is costly and time-consuming. It could have been ideal if they could accept at least from Malawi Bureau of Standard.
Other countries where we export our product accept Certificate of Analysis from our company lab. |
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Resolution status note:
|
From the report of the meting held on 28th March 2023 between SADC Business Council, The Complainant and Tanzania Bureau of Standards (TBS), both parties agreed to resolve the NTB as per the attached minutes of the meetings and the accompanying letter with Reference No. TBS/CED/PVoC/G.54/7870 dated 29th March 2023. |
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NTB-001-094 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2022-12-12 |
Mozambique: |
South Africa |
Resolved
2024-05-08 |
View |
|
Complaint:
|
We have been applying for a Vet Import Permit to export Nestle Allegra to Mozambique as it has been treated as a dairy product. Nestle Allegra is a non-dairy product and we would like it to be exempt from Vet import permit and treated as non-dairy.
There hasn't been any incident to date. and we cannot quantify the cost. Because the product is treated as a dairy product, it must go through process of vet import permit which delays trade of product. so the cost is indirectly/directly linked to the trade delays which impact working capital cycle. |
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Resolution status note:
|
It was raised as a suggestion, so it can be considered resolved. |
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NTB-001-085 |
1.4. Preference given to domestic bidders/suppliers |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Kenya's restriction of supplies to the Kenyan Electricity Supply Industry (ESI) to only Kenya originating cables and other ESI materials by Kenya (Public Bid Notice ) |
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Resolution status note:
|
NOT New
This complaint was dropped as it it related to trade in services and not trade in goods. Hence it is not an NTB" |
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NTB-001-084 |
2.6. Additional taxes and other charges |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2023-05-17 |
View |
|
Complaint:
|
25% excise duty on table eggs imported table eggs as a new restriction
|
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Resolution status note:
|
The 34th RMC meeting noted that the law was not being practiced and Uganda was not being affected by the law. Hence the NTB has been resolved |
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