Resolved complaints

Showing items 21 to 24 of 24
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-000-832 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-28 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa?
 
Resolution status note: On 18th October 2019 , Mauritius reported that the Mauritian exporters reported that the consignments were released. We propose that this NTB be marked as resolved.  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-959 7.4. Costly procedures 2020-05-18 Mozambique: Delegação Aduaneira de Zobwe Malawi Resolved
2022-06-28
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Complaint: Introduction of escort fees.

An escort fee at Zobue to escort Illovo Sugar (Malawi) trucks to Beira. It is US$ 200 per batch of 3 vehicles. If there is a single vehicle/truck that must get to the port the fee is still $ 200.

And there is also a scanning charge of US $ 20 per vehicle.
 
Resolution status note: This NTB has been reported as resolved, considering the update provided earlier, which included some documents in the attachment.  
NTB-000-975 1.8. Import bans 2020-07-02 Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives Uganda Resolved
2021-03-18
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Complaint: Kenya banned importation of sugar ,brown sugar and raw cane from Uganda  
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
 
NTB-001-194 1.8. Import bans 2024-08-13 Kenya: Ministry of Agriculture and Livestock Development, State Department for Agriculture Uganda Resolved
2024-11-23
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Complaint: On 13th August 2024, the Government of Kenya, through the Ministry of Agriculture and Livestock Development's State Department for Agriculture, imposed a ban on the importation of brown/table sugar into Kenya through an internal communication from the Principal Secretary. This decision was based on the significant improvements in the production of locally manufactured sugar in Kenya as quoted in the letter.
The letter though internal nal was brought to our attention.This action is in direct violation of the East African Community (EAC) Customs Union Treaty. Under Article 75 of the Treaty, the EAC establishes a free trade area for goods and services among partner states, while also outlining the application of Common External Tariffs (CET). Furthermore, Articles 76 and 104 of the Common Market Protocols emphasize the free movement of goods, people, labour, services, and capital between partner states, as well as the rights of establishment and residence, without restrictions that may hinder regional integration.
The ban, therefore, undermines the principles of regional cooperation and integration enshrined in the EAC Treaty.
There is no mention that the ban won't affect member states.
 
Resolution status note: During the 45th SCTIFI meeting, the Republic of Kenya reported that the communication was an internal proposal that was not implemented. There is no ban on Sugar transfers from EAC Partner States per the Public Notice of 9 September 2024 issued by the Office of the Cabinet Secretary from the Ministry of Agriculture and Livestock Development.  
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