Resolved complaints

Showing items 21 to 40 of 561
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
COMESA
EAC
SADC
Status Actions
NTB-000-728 2.6. Additional taxes and other charges 2016-11-01 Zambia: Kazungula Ferry Botswana Resolved
2018-01-25
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Complaint: Importers of beans, ground nuts and sweet potatoes from Zambia into Botswana have complained that they have of late, been charged amount in excess on BWP 1 000 by some Zambian border authority for which receipts are never issued. A number of those complaints have revealed that no receipts were issued to denote what the BWP 1 000 was being paid for. No explanation was also given. These importers have, while in Zambia paid all the charges relating to phytosanitary and other charges for their goods-receipts for such are duly produced.

The additional charge is suspected to be charged without any legal basis from Zambia Government. This additional charge is placing a burden on small traders whose livelihood depends on selling the products in Botswana.
 
Resolution status note: On 25th January 2018, Zambia reported that no Zambian Border Authority Charges this Fee and without receipt for that matter. Border Agencies suspect this could be a case of false representation of a Government agency. The matter will be passed on to security wings for further interrogation. If additional information could be availed to assist in identifying those involved. This NTB is considered resolved.  
Products: 1202.41: Groundnuts, in shell (excl. seed for sowing, roasted or otherwise cooked)  
NTB-000-727 4. Sanitary & phyto-sanitary (SPS) measures
A53: Fumigation
2016-12-01 Botswana: Kazungula Ferry Zambia Resolved
2017-05-18
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Complaint: Botswana border officials demand fumigation certificate for molasses. To my knowledge, foodstuffs like molasses cannot be fumigated and on the Botswana import permits (plant protection), this is not among the requirements. This leads to delays, additional costs (e.g demurrage), possible loss of business and risk of product going bad.  
Resolution status note: During the the 15th meeting of the SADC Sub Committee on Trade Facilitation held on 17- 18 May 2017, Botswana reported that Sanitary import permit is required only for molasses meal. No Sanitary or Phytosanitary import permit is required for liquid molasses and molasses powder and therefore no fumigation certificate is needed for molasses. According to the conditions set as per the Sanitary import permit, imported molasses has to be free of protein of animal origin and not contain any prohibited substances such as growth hormones. Officials from Botswana and Zambia have had a bilateral meeting and the issue has been addressed.  
NTB-000-723 7.4. Costly procedures 2016-09-06 Zambia: All ports of entry South Africa Resolved
2018-01-25
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Complaint: Drivers are experiencing long delays in processing of the maize export permits in Zambia. It takes more than 90 days for permits to be processed by the authorities causing drivers to exceed their 90 day limit in Zambia.Once drivers reach this limit, they are required to buy work permits at a very high cost of $225. This impacts heavily on already small margins.  
Resolution status note: Zambia reported that the Ministry of Agriculture through the Department of Agribusiness and Marketing is responsible for facilitating trade through the issuance of Control of Goods Import and Export Permits for Agriculture Commodities. The process of issuance of permits starts and is completed within a period of 24 hours. Maize Grain is an agricultural commodity whose export is subject to the Control of Goods Act. Export Permits, Control of Goods, for maize are processed within 24 hours. Delays previously reported were an isolated incident that may have been caused by externalities at play then. The current status is that Export Permits, Control of Goods, for maize are processed within 24 hours. We propose that this be considered resolved.  
NTB-000-722 2.8. Lengthy and costly customs clearance procedures 2016-08-29 South Africa: OR Tambo International Airport Lesotho Resolved
2016-11-25
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Complaint: The South African Revenue Services at OR Tambo have detained consignment destined for Maseru since 29 August 2016 without explanation. This is yet another time when our goods are detained for more than a week and yet they are destined for Lesotho and not South Africa. The airway bill clearly has the address of the importer being in Lesotho but South African Customs detains the goods nonetheless. South African Customs is requested to explain the rationale for detaining goods destined for other countries , in this case Lesotho and whether it is lawful that goods which arrived on 29 August are still detained?  
Resolution status note: Dear Focal Points South Africa and Lesotho,

This issue was resolved long time ago. However, the SADC secretariat recommended that a long term solution be secured that responds to such questions as asked by Lesotho on above comment. You are kindly requested to recommend a way forward on the long term solutions. Otherwise we need to resolve this NTB as per current status . South Africa Focal point is of the view that we resolve it and I agree. This NTB is therefore resolved on the understanding that the Focal Points of Lesotho and South Africa will make necessary arrangements to ensure that the problem does not repeat itself in future now that it has been identified.

System administrator
 
NTB-000-717 8.6. Vehicle standards 2016-07-13 Zambia: military base South Africa Resolved
2016-11-17
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Complaint: Trucks from various countries including Zimbabwe, South Africa and Malawi origin transporting Maize bran legally with valid documentation and export permits issued by Zambian Dept of Agriculture were held at Kafue Weigh Bridge for almost a week, others longer than 3 weeks allegedly waiting for validation of export permits.

On 13 July permanent Secretary of Lusaka province arrived and Kafue bridge and after a short talk on maize smuggling to drivers ordered 31 of the trucks to be convoyed back to Lusaka to a military base under escort of military police to be impounded.

The drivers were told that upon arrival at the destination they were to take nothing from the trucks and leave. They were also told that where they were to sleep/reside was not the concern of the military personnel or authorities, it was their own problem.

At the military base the drivers manage to negotiate the removal of their clothing, blankets and personal effect , and were forced to hand over the keys to the vehicles and sign forms of impoundment.

This all for vehicles tranporting goods legally, all carrying clearing documentation legally processed by zambian clearing agents and valid legal permits issued by the Zambian Dept of Agriculture in Lusaka.

Subsequent to this another approximate 20 vehicles has experienced the same process.

Daily representations, discussions and meetings since then between various persons and organizations representing transporters and the office of the permanent Secretary of Lusaka yield no results or explanation for the impoundment of vehicles carrying legal documents, nor a date when the vehicles will be released.

Drivers are out on the streets, many with no suitable place to sleep. Some, out of desperation resorted to hitch-hiking back to their home countries.

Transporters are incurring heavy losses.

We urgently request that these trucks be released by the military and Zambian Authorities as this is costing the Transporters a lot of money in lost revenue and it is illegal for the Zambian Authorities and army to hold legally operated trucks.

The incident is also going to be escalated via the relevant countries' embassies/high commissions and Trade Authorities .
 
Resolution status note: On 17th November 2016, South Focal Point confirmed that the NTB had been resolved .  
NTB-000-716 8.7. Costly Road user charges /fees 2016-06-30 Kenya: Mombasa County Burundi Resolved
2017-10-24
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Complaint: Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day.  
Resolution status note: The NTBs focal Point at the Secretariat reported that this NTB had been resolved by the Dedicated Session of Senior Officials /Permanent Secretaries meeting held in Kampala on how to resolve long standing outstanding NTBs  
NTB-000-715 2.6. Additional taxes and other charges
Policy/Regulatory
2016-06-30 Tanzania: Ministry of Envinronment Kenya Resolved
2016-12-06
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Complaint: Tanzania authority requires that heat treated wooden pallets be fumigated again at the Border, failure of which they charge penalties.  
Resolution status note: At the 22nd EAC NTB Forum held in December 2016, Kenya reported that Tanzania Revenue Authority had lifted the requirement that heat treated wooden pallets be
fumigated again at the Border, failure of which they charge penalties.
 
NTB-000-713 2.6. Additional taxes and other charges 2016-06-30 Uganda: Busia Kenya Resolved
2016-12-07
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Complaint: Exports to DRC are subjected to verifications at Busia border and consignments sealed but an additional charges and verification is done at Busitema where the seal is broken and customer/transporter is charged.  
Resolution status note: The NTB was resolved during the 22nd EAC NTBs Forum held in December 2016  
NTB-000-712 2.6. Additional taxes and other charges 2016-06-30 Tanzania: Tanzania Revenue Authority Kenya Resolved
2016-12-07
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Complaint: A Kenyan Exhibitor for the 40th Dar es Salaam International Tradefair charged duties on goods by TFDA and TRA.  
Resolution status note: The 22nd Meeting of the EAC NTBs Forum held in December 2016 accepted Tanzania report that this was a once off incidence and that adequate arrangements had been put in pace to facilitate clearance of exhibitors goods during trade fair.  
NTB-000-711 8.7. Costly Road user charges /fees
Policy/Regulatory
2016-06-30 Kenya: Mombasa County Burundi Resolved
2017-10-20
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Complaint: Mombasa County in Kenya charges transit fees of ksh 6,000 for transit cargo truck.  
Resolution status note: During the Dedicated Session of the Permanent/ Principal/Under Secretaries of Trade and EAC Affairs meeting held in Kampala to resolve long standing NTBs, Kenya reported that the internal consultations with the County Government of Mombasa had been concluded and the charge has been abolished.  
NTB-000-710 2.14. Other
Policy/Regulatory
2016-04-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2017-10-24
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Complaint: TRA offices close earlier (3.00 pm) than KRA Office hindering the Verification at Inland Container Deport (ICD) Nairobi  
Resolution status note: The Dedicated Session of Senior Officials meeting held in October, 2017 reported that both countries Kenya and Tanzania have harmonised the working hours. Hence the NTB is resolved.  
NTB-000-708 8.6. Vehicle standards
Policy/Regulatory
2016-04-30 Kenya: Mombasa sea port Uganda Resolved
2016-12-07
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Complaint: Charging of a Ks. 30,000 fines for criminal offence (TR361/16) for lorries imported by Uganda from German without Mud Guards.  
Resolution status note: The 22nd EAC NTBs forum held in December 2016 accepted Kenya report that the charges were not discriminatory therefore not an NTB.  
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-000-706 8.1. Government Policy and regulations
Policy/Regulatory
2016-05-18 Uganda: Uganda Police Burundi Resolved
2016-12-07
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Complaint: Uganda recognizes the COMESA yellow card insurance but it is not honoured once there is an accident.  
Resolution status note: The 22nd meeting of the EAC NTBs Forum held in December 2016 , accepted Uganda report that she recognizes COMESA Yellow Card insurance. However the policy requires that all trucks involved in criminal accidents should be held to allow investigation.  
NTB-000-705 8.7. Costly Road user charges /fees
Policy/Regulatory
2016-04-23 Rwanda: Rwanda Revenue Authority Burundi Resolved
2016-12-07
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Complaint: Rwanda makes trucks to pay double the certificate of Transit Goods. That is US$400 instead of US$ 200 per truck and trailer separately  
Resolution status note: The 22nd meeting of the NTBs forum held in December 2016 accepted Rwanda explanation that Rwanda was implementing the revised EAC Regulations on Customs Management Act, 2010.The Act stipulates that a pulling trailer is considered separate from the truck. This NTB was resolved  
NTB-000-704 1.14. Lack of coordination between government institutions 2016-04-22 Uganda: Ministries responsible for Trade in Rwanda, Tanzania and Uganda Kenya Resolved
2016-12-07
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Complaint: Inadequate or no information on the change of export and import procedures  
Resolution status note: This NTB was resolved by the meeting of the 22nd NTBs Forum held from 5-7 December 2016.  
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-000-701 6.5. Variable levies
Policy/Regulatory
2015-07-15 Tanzania: Ministry of Industry, Trade and Investment Kenya Resolved
2017-10-24
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Complaint: United Republic of Tanzania has introduced a railway development levy of 1.5 per cent for imports from Kenya.
Reported in 2015.
 
Resolution status note: The EAC NTBs Focal Point reported that the NTB had been resolved by the meeting of the Dedicate Session of Senior Officials held in Kampala from 21st - 24th October 2017  
NTB-000-700 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2015-07-24 Kenya: Ministry of EAC, P.O. Box 8846-00200, NAIROBI. Tel: +254 722475368 Uganda Resolved
2017-10-24
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Complaint: Kenya was restricting Cable Corporation (Uganda) Ltd from its tendering processes for the supply of electric cable products  
Resolution status note: Kenya confirmed that the tender contained a rider excluding participation by regional companies and that it was a once off event. Kenya acknowledged the mistake and undertook that it will not happen again therefore the NTB should be considered resolved.  
NTB-000-698 2.14. Other
Policy/Regulatory
2014-07-23 Resolved
2017-05-06
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Complaint: Border management institutions’ working hours are not harmonized.  
Resolution status note: At the 23rd EAC NTBs Forum held from 4- 6 May 2017, Partner States reported that the border operating hours had been harmonised  
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