Resolved complaints

Showing items 21 to 40 of 799
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-000-616 6.5. Variable levies 2013-12-01 Zambia: Nakonde District Council Tanzania Resolved
2016-08-25
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Complaint: Nakonde District Council of Zambia has introduced new Council Levy for external trucks entering Zambia in addition to other existing charges and levies.  
Resolution status note: On 25 August 2016, Zambia Focal point reiterated the fact that all Levies collected by the Council are guided by Section 69 and 70 of the Local Government Act CAP 281 of the Laws of Zambia which specifies the Levies to be collected. Under this Act (CAP 281), no Council is mandated to collect motor vehicle fees. This is therefore a policy measure notified to stakeholders . The NTB is considered resolved because stakeholders have been made aware of the regulations . The same will also be contained in the NTMs database.  
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-000-758 6.5. Variable levies
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-11-16
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Complaint: Tanzania Revenue Authority imposes a Weights and measures levy at 2% of the customs value for every export. The levy is not being picked on the customs entries as is the norm but on a different collection sheet raising questions on authenticity of the levy.  
Resolution status note: During the SCTIFI meeting held on 16 November 2018, Tanzania reported that this is a weight and measures levy that is paid by all including Tanzania exporters and hence it is not an NTB. The Meeting recommended that the levy should be harmonised across EAC Partner States.  
NTB-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya Resolved
2019-08-21
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Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Resolution status note: Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB.  
NTB-001-038 6.5. Variable levies 2021-10-10 Tanzania: Tanzania Revenue Authority Kenya Resolved
2022-06-14
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Complaint: Tanzania is charging FULL CET, RDL among other levies on Kenyan wholly produced cement despite the Verification Report recommending that products qualify should be accorded preferential treatment

Additionally, despite URT commitment in the Bilateral and SCTIFI that URT grants preferential treatment to wholly produced cement as required by the EAC rules of Origin, URT is still charging duties of 35%. This is despite Tanzania not being under any stay of application.

Kenya urges Tanzania to accord preferential treatment to Kenya wholly produced cement as per the verification findings and recommendation and URT commitment on facilitation of trade.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that a verification mission was conducted and recommended that the products qualified should be accorded preferential treatment.
Additionally, URT committed in the Bilateral and SCTIFI to grant preferential treatment to the wholly produced cement as required by the EAC Rules of Origin.
The NTB is resolved
 
NTB-000-514 8.4. Transport related corruption 2012-02-06 Zambia: Nakonde South Africa Resolved
2013-04-10
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Complaint: This complaint is registered by FESARTA.
A company by the name of ZAMESCO, is charging transporters to park at the Nakonde border post.
The charge is 24 US dollars per day.
There is no official parking area and so the trucks would normally park along the road.
However, they are forced to park in ZAMESCO's parking area, without being given any alternative.
The Zambian authorities have not regulated these parking charges, nor have they condoned them. These are arbitrary charges imposed by a company that has no authority to do so.
They are uneccessarily increasing the cost of transport on the Dar es Salaam corridor.
Attached are scanned copies of parking receipts.
 
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Zambia reported that ZAMESCO is a private dry port. Vehicles have the option to park along the road side.  
NTB-000-534 8.4. Transport related corruption 2012-09-30 Mozambique: Delegação Aduaneira de Machipanda (Road) Zambia Resolved
2013-04-10
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Complaint: On the aforemention date, one of my fuel tankers, was stopped by Mozambique Environmental Officials at the Machipanda border post. The officials advised that they wanted to inspect the fire extinguishers and the driver cooperated by placing the 4 extinguishers at their disposal.

The Officials then pulled the pin on all four extinguishers and discharged the powder. They then told the driver that they were satisfied that the extinguishers worked, and he could proceed.

You cannot do this to a fire extinguisher. It is not like an aerosol can that keeps its pressure. Once you depress the handle and discharge even a small amount of powder, the fire extinguisher is exhausted and of no further use.

Officials can check if the extinguisher is valid on the certificate on the side of the extinguisher and if the site glass indicates pressure in the green.

If we need an extinguisher and the officials have discharged it, we are at the mercy of the fire.
 
Resolution status note: At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, ZambiaMozambique reported that this was a mistake by officer on duty and this matter has since been corrected and therefore resolved.  
NTB-000-555 8.4. Transport related corruption 2012-11-06 Zambia: Siavonga Turn off, Lusaka-Chirundu Highway, Police Manning that Place Zimbabwe Resolved
2012-12-19
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Complaint: Zupco bus permit taken by Zambian Police citing that the bus has one tyre which is finished and the window screen has a crack , this is causing them to be fined every time when they are at the road block for failing to produce the bus permit, practical on daily basis when they are stopped they have to pay k50000/$10.00 so as to catch up with time just avoiding passengers to run away from them, almost 3 months they cant produce the permit  
Resolution status note: Zimbabwe reported that The ZUPCO bus permit was returned on 16 December 2012 by Zambia police. This NTB is therefore resolved.  
NTB-000-845 8.4. Transport related corruption 2018-09-03 Tanzania: Rusumo Rwanda Resolved
2018-11-16
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Complaint: Tanzania has introduced an escort fee imposed by TRA from Dar Es Salaam to Rusumo.  
Resolution status note: Tanzania reported that this NTB was resolved through administrative procedures.  
NTB-000-903 8.4. Transport related corruption 2019-04-05 Kenya: Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret Rwanda Resolved
2020-09-01
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Complaint: Multiple police check points from Mombasa to Malaba (Miritini, Samburu, Mariakani, Mtito Andei, Kibwezi, Machakos, Mlolongo, Nairobi, Mahimahiu, Naivasha, Nakuru, Salgaa, Molo, Kapsabet, Malaba, Eldoret).
During the 27th RMC meeting the Republic of Rwanda reported that there are many check points from Mombasa port to Malaba/Busia which charge money to transporters.
 
Resolution status note: The RMC held on 1 September 2020, agreed that this NTB is resolved and urged Kenya to make sure road blocks don't emerge again  
NTB-000-209 3. Technical barriers to trade (TBT)
B33: Packaging requirements
2009-07-27 Zimbabwe: Ministry of Health Zimbabwe Resolved
2011-06-10
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Complaint: The health and phytosanitary regulations states that, "no person shall import into Zimbabwe any bottle, can, jar or other receptacle which has been used solely for storing or transporting honey or unprocessed royal jelly which honey or jelly was manufactured or produced in any country other than a specified[1] country unless such bottle, can jar or other receptacle has been sterilized after such use.  
Resolution status note: Zimbabwe reported that regulations were put in place to protect the environment.  
NTB-000-653 3. Technical barriers to trade (TBT)
B15: Authorization requirements for importers
Policy/Regulatory
2014-12-11 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-08-21
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Complaint: Requirement by Tanzania Food and Drugs Authority for companies exporting to URT to register, re-label, and retesting of certified EAC products exported by other Partner States Reported in 2003.  
Resolution status note: During the meeting of the NTBs Focal Points held from 19- 21 august 2019 , Tanzania reported that TFDA was disbanded therefore the requirements are no longer enforced .  
NTB-000-664 3. Technical barriers to trade (TBT)
B3: Labelling, Marking and Packaging requirements
Policy/Regulatory
2013-01-01 Tanzania: Tunduma Burundi Resolved
2015-11-09
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Complaint: TFDA is imposing new requirements on export of BRARUDI beers into Tanzania. TFDA is requesting new labels to include additional information and storage condition for the product that was not required when they submitted the application for export.  
Resolution status note: Burundi reported that TFDA had finally registered Burundi beers and that the company had received its certificate of registration.  
NTB-000-741 3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade
2017-02-24 Angola: Port of Luanda South Africa Resolved
2018-06-07
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Complaint: New Agency (Bromangol) have been appointed in addition to the Ministry of Health and this has resulted in duplication of processes and tests and this is additional costs for exporter. It takes 43 days to clear goods before they can enter and about 9 imports documentation and process take place. Lack of training by officials. Currently there is a freeze on the issuance of new import licenses and there is no indication as to when will the freeze be lifted. There is no transparency regarding requirements, rules and regulations to comply with exporting. All this rules and regulations changes without notification and it is expected to comply with them immediately. These results in rates introduces which differ from one port to another. (Inconsistent application). There is lack of enforcement and date which increase the uncertainty.

It take 6 - 8 weeks just to obtain visa to Angola, it is not possible to obtain a multiple entry visa. For every business trip visa is a prerequisite. Intellectually property rights legislation is not implemented and it results in litigating which is costly to protect the trademark.The time frame for credit letters used to be 30 days now it is 210 days.
 
Resolution status note: On 7 June 2018, Angola Focal point reported that the laboratory analysis of food and / or perishable products entering Angola conducted by the company Bromangol is no longer mandatory. This activity is liberalized and has competition from any other private company interested in the sector, including the laboratories of the Ministry of Health and Agriculture. In addition, the Customs no longer require the presentation of sanitary inspection certificate issued by Bomangol as a requirement for the submission of the Customs Declaration since November 2017.  
NTB-000-811 3. Technical barriers to trade (TBT)
B11: Prohibition for TBT reasons
Policy/Regulatory
2017-10-02 Kenya: State Department of Trade Rwanda Resolved
2018-11-16
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Complaint: Kenya banned exports of scrap metals destined to Rwanda in accordance with scrap metal Act NO. 1 OF 2015  
Resolution status note: Kenya informed the SCTIFI in November 2018 that the scrap metal is a restricted business in Kenya and that Rwanda traders require a permit to transfer the scrap metal from Kenya. Rwanda informed the meeting that NTB is resolved.  
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-000-831 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-07 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar.
 
Resolution status note: During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved .  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-897 3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory
2019-09-09 Kenya: Namanga Tanzania Resolved
2019-09-09
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Complaint: This incident happened at Namanga border on 09 September, 2019. The Kenya Bureau of Standard (KEBs) restricted car registration number T391 AVW/T945BMK with 10,000 Olynet Long lasting nest and 5, 920 MiraNet also long lasting nets manufactured by A to Z Textile Company. These products are TBS licensed. It was later allowed to enter Kenya under seal make until KEBS undergo their test, in Nairobi. We wish to get clarification on issue, if it has licensed by TBS how come need another test?  
Resolution status note: The Regional Monitoring Committee held on 15th October, 2019 noted that it was a one time incidence and is a normal practice in Standards, However the issue was resolved that same day and should be indicated as resolved.  
NTB-000-894 3. Technical barriers to trade (TBT)
B9: TBT Measures n.e.s.
2019-05-14 South Africa: Maseru Bridge Lesotho Resolved
2019-05-22
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Complaint: SARS inspection process takes too long thereby delaying transit of goods destined for the Port. TZICC Clothing Manufacture, requesting SARS to expedite clearance of their declaration which was done last May 14, 2019. The container has not been cleared as at Wednesday 22 May 2019 our Container has not been release yet. The Export Container is going to United States of America and there is a schedule that the company need to meet specially the vessel Stack Dates in Durban. Case # 313253631 was pending since Wednesday and it took so long for SARS to answer or response on the query. 1st we do the VOC 2nd they ask for the Sales Contract 3rd they ask for the Provisional Payment amounting R28866.87 which was already done paying Friday 17 May 2019, everything was uploaded on Friday but SARS has not responded as on 22 May 2019. TZICC are not in a position to know what is going on as SARS are not answering on the system.

This container will cost a lot if the consignment misses the vessel again in Capetown just because of SARS Customs.
 
Resolution status note: On 22 May 2019, South Africa Focal Point reported that discrepancies that were picked up which resulted in the delay of the declared consignment were rectified. The case has been finalised and released.  
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
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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  
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