| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-438 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-16 |
EAC |
Kenya |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Numerous institutions involved in testing goods in the EAC partner states. |
|
|
Resolution status note:
|
There is collaboration among testing agencies |
|
|
NTB-000-447 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-03 |
EAC |
Rwanda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Customs working hours are not harmonized |
|
|
Resolution status note:
|
Customs working hours have been harmonized by OSBPs |
|
|
NTB-000-449 |
7.3. Corruption |
2011-06-16 |
EAC |
Rwanda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Corruption along the Northern and Central Corridors (police roadblocks, weighbridge and border gates. |
|
|
Resolution status note:
|
This NTB is no longer obtaining . |
|
|
NTB-000-669 |
8.3. Immigration requirements (Visa, travel permit)
Policy/Regulatory |
2014-09-02 |
Tanzania: Immigration |
Kenya |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Delay of issuance of work permit by United Republic of Tanzania |
|
|
Resolution status note:
|
The issue is not about integrating the permits but the 'delays' in issuing the permit. This anomaly can be corrected. Focal points need to get more information on the nature of Delay. At the Tanzania NMC meeting, Immigration reported that the work permits are processed within 14 days maximum if all information is provided. |
|
|
NTB-000-361 |
7.9. Inadequate trade related infrastructure |
2010-02-10 |
Kenya: Ministry of Transport |
Tanzania |
Resolved
2016-06-29 |
View |
|
Complaint:
|
Unreliable, different readings on the internal weighbridges in Tanzania, Kenya, Uganda, Rwanda and Burundi. Readings can differ as much as between 500-700kgs resulting in transporters paying unnecessary huge fines. Weighbridges are often verified, however, various factors which include technical faults of the instruments and unscrupulous conduct of the transporters sometimes result in false readings: This problem relates to transit goods in properly sealed containers that, under normal circumstances, cannot be opened before they get to destination. |
|
|
Resolution status note:
|
The EAC secretariat reported that the EAC Axle load act was enacted by EALA in May, 2014 |
|
|
NTB-000-443 |
5.5. Import licensing requirements
Policy/Regulatory |
2011-07-14 |
Kenya: Malaba |
Uganda |
Resolved
2016-06-30 |
View |
|
Complaint:
|
Kenya Charges a plant import permit (PIP) at Malaba on Ugandan tea destined for auction at Mombasa |
|
|
Resolution status note:
|
Uganda reported that the NTB was resolved |
|
|
NTB-000-681 |
7.2. Discrimination
Policy/Regulatory |
2015-10-12 |
Uganda: Malaba |
|
Resolved
2016-06-30 |
View |
|
Complaint:
|
Uganda discriminatively imposed a 10 percent duty on Kenya manufactured Laundry bar soaps. |
|
|
Resolution status note:
|
At he 21st EAC NTBs Forum, Uganda reported that the 10% charged is Excise duty on cosmetics and soaps.
The NTB was resolved upon receipt of the statutory instrument from Uganda. |
|
|
NTB-000-158 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Tanzania: Ministry of Agriculture |
Tanzania |
Resolved
2016-05-18 |
View |
|
Complaint:
|
Cumbersome procedures for , SPS certificates and the permits.The Ministry utilitises its own laboratories in Dar es Salaam with support from Tropical Pesticide Research Institute in Arusha which takes even more time. |
|
|
Resolution status note:
|
The procedures are being streamlined |
|
|
NTB-000-651 |
8.8. Issues related to transit |
2014-12-11 |
Tanzania: Along Central corridor |
|
Resolved
2016-06-30 |
View |
|
Complaint:
|
Tanzania has several weigh bridge stations along the central corridor |
|
|
Resolution status note:
|
At the 21st EAC NTBs Regional Forum , Tanzania reported that the NTB had been resolved because there are only three weigh bridges Vigwaza at the coastal region, Njuki in Singida and Nyakahura in Kagera region weigh in motion weighbridges. It takes maximum of 4 days to exit the border from Dar Port and 2 days for fuel tankers. |
|
|
NTB-000-656 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2014-12-11 |
Tanzania: Ministry of Trade |
Kenya |
Resolved
2016-04-01 |
View |
|
Complaint:
|
Discrimination of Smirnoff of ice brand of East African Breweries (Kenya) Ltd products. |
|
|
Resolution status note:
|
At the NTBs Forum held in March/ April 2016, Kenya reported that the discrimination had been lifted. |
|
|
NTB-000-665 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2015-03-02 |
Tanzania: Dar-es-Salaam Port |
Rwanda |
Resolved
2016-06-08 |
View |
|
Complaint:
|
Double payment of port exit fees: URT is charging double payment at inland and port exit. Inland container deposits have been introduced in reduce the congestion at Dar port. However, freight forwarders have reported being required to pay for port exit fees twice. |
|
|
Resolution status note:
|
This NTB was resolved. Rwanda transporters have not reported any further charges on the same |
|
|
NTB-000-680 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2015-09-04 |
Tanzania: Namanga |
Kenya |
Resolved
2016-04-29 |
View |
|
Complaint:
|
General Motors East Africa sold some vehicles to its dealer in Tanzania which vehicles were charged duty, despite the provisions of the rules of origin which qualify vehicles assembled from CKD as local products and should be sold free of duty within EAC. The Rules of Origin were gazette on the 23rd day of January 2015 and they are fully operational. This is a clear violation of the EAC Rules of Origin. Copies of the EAC Certificate of Origin, the Commercial invoice, the Import Duty Assessment Document & the Import Duty Payment Note for four vehicles that were charged duty at the Namanga border are available for scrutiny if required. We sought an explanation from the Tanzania Revenue Authority but they have not given a substantial explanation except that, in their opinion the rules take effect from October this year |
|
|
Resolution status note:
|
The new EAC rules became fully operational in Tanzania at the end of April 2016 and the the operational manuals were circulated to all borders. The vehicles qualifies for preferential treatment under the new rules. This issue was considered resolved during EAC 20th NTBs Forum |
|
|
NTB-000-693 |
8.6. Vehicle standards |
2016-04-22 |
Uganda: Lira Mobile weighbridge |
Uganda |
Resolved
2016-04-25 |
View |
|
Complaint:
|
truck number UAQ 474t/UAD 291Q is being held at the LIRA mobile weigbride due to overload after it was weighed in Mbale and bares the weighbridge ticket with the right tonnage as requires to be carried by the truck.
the truck was weighed in mbale with a gross weight of 48 and when weighed in lira, it has a gross weight of 56 tonnes
the truck is loaded with world food program relief food destined for Sudan and this barrier is affecting the supply to the sudannese people who are in urgent need of food |
|
|
Resolution status note:
|
Uganda Focal point reported that the truck had been released on the same day. |
|
|
NTB-000-688 |
8.3. Immigration requirements (Visa, travel permit) |
2016-03-29 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2016-05-09 |
View |
|
Complaint:
|
South Africa Immigration Offices at Beit Bridge gives drivers maximum 14 days on their passports when entering into SA at point of entry. When a driver departs before the 14 days are fully utilized, the next time you want to enter, they tell you to use those remaining days before they can add more days on your passport. This causes drivers to end up running short of days should their trip be longer than the remaining days before the normal 14 days. Zimbabwe transporters are therefore forced to send their drivers back to Beit Bridge without their trucks to get their passports re stamped or they are faced with fines or worse still, they will not be allowed to enter SA again for not exiting on or before the set day when they entered SA initially. This is increasing the cost of doing business. Transporters have lost business during the time drivers are hiking to the border to get passports stamped, the extra night allowances and bus fares and also the down time spent in the process. This problem is a lot worse if loads are short in SA as well.
This matter needs urgent attention on the part of Home Affairs in South Africa as the hampering of transporter and driver movements is not in the interests of trade facilitation and inters regional trade in the region. |
|
|
Resolution status note:
|
On 09 May 2016, the South African Focal Point provided the current Visa and Immigration requirements that state that: ‘Visas are not required by passport holders of Lesotho, Swaziland, Botswana, Namibia, Zambia and Malawi who are entering the Republic as commercial heavy-duty vehicle drivers provide their visits do not exceed 15 days and on condition that they can produce a letter confirming their employment with a transport company on entry.
The same principle applies to Zimbabwean commercial heavy-duty vehicle drivers, except that their sojourn may not exceed 30 days at a time. The afore-mentioned does not apply to commercial heavy-duty vehicle drivers who transport goods for a South African transport company. Such drivers must be in possession of a valid work visa.’
The requirements are uploaded onto the Notifications window of the Online system www.tradebarriers.org as information to stakeholders . This document can be dowloaded by the public . |
|
|
NTB-000-161 |
7.4. Costly procedures |
2009-07-27 |
Tanzania: Ministry of Trade |
Tanzania |
Resolved
2016-06-15 |
View |
|
Complaint:
|
A number of non-tariff fees are levied on agricultural and manufactured products. Examples are: inspection fees, Warehousing fees; Air Cargo levy; Agricultural Cess, Livestock Marketing Cess, landing and parking fees, seaman's levy and farm support fees. |
|
|
Resolution status note:
|
The SADC Sub Committee on Trade facilitation carried out a review of long standing NTBs and found out that the various fees identified above, i.e. inspection fees, warehousing fees; air cargo levy; agricultural cess, livestock marketing cess, landing and parking fees, seaman's levy and farm support fees were acceptable as long as they are for the services rendered and are also provided for in the national legislations.
This is finding therefore resolves the NTB |
|
|
NTB-000-694 |
2.8. Lengthy and costly customs clearance procedures |
2016-05-10 |
South Africa: OR Tambo International Airport |
Lesotho |
Resolved
2016-05-17 |
View |
|
Complaint:
|
The South African Revenue Authority ( SARS) are delaying release of goods imported through OR Tambo airport . SARs has detained ur goods for seven days now since 10th May without an explanation. It is the second time that the goods we are importing for business are detained at OR Tambo by Customs. The goods arrived on 10 May 2016, and they are still not released by today 17 May 2016. We are concerned that SARS may demand us to pay for storage and yet we do not understand why Customs has detained the goods for this long? My company has already lost revenue and missed on opportunity to sell and the demand for storage payment will cripple our business? We therefore request that SARS expedites release of our goods . |
|
|
Resolution status note:
|
The consignment was identified by SARS Case selection for inspection by the Customs Border Control Unit and subsequent to the inspection, the consignment was detained for proof of payment, original invoice and also to verify the importer’s code. Due to the Master Airway Bill stating final destination as Johannesburg (refer to Airway Bill attached under Airport of Destination), it was difficult for the inspection team to identify if the goods were in transit. This was only discovered after the client informed SARS that the goods in question was an RIT entry to Lesotho.
After the client informed SARS of the status of the consignment, the goods were then released on 17 May 2015
Our advise going forward is that in order to avoid future delays, the documents should clearly state the final destination as Maseru, Lesotho. |
|
|
NTB-000-673 |
7.3. Corruption |
2015-06-14 |
Botswana: Martins Drift |
|
Resolved
2016-02-26 |
View |
|
Complaint:
|
A Zambulk Tanker carrying Fuel was weighed at the subject weighbridge with the following axle masses: Steer axle - 6960 kg (legal limit 8000 kg); Drive axles - 17660 kg (legal limit 18000 kg); Trailing axles - 24160 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 1200 kg on the trailing axle set. The weighbridge official printed a weighbridge ticket for the driver which reflected the weights indicated above and showed the legit limits as indicated above with the Total GVM being 48780 kg and the max or legal limit being 50000 kg. This vehicle was within the legal limit on GVM and well within the tolerance on the trailing axle set. Yet printed at the bottom the weighbridge ticket is the comment - TRUCK MUST EXIT AND RETURN TO DISPATCH IMMEDIATELY SO THAT THE LOAD CAN BE CORRECTED!!! (see attached weighbridge ticket). When the driver queried this with the weighbridge official he was told that he must park off the truck and move fuel from the rear tank to the front tank to correct the load. This is clearly not an option and highly dangerous given the nature of the product being carried. The driver went back and started negotiating and gave her Pula 200. The Operator refused to give the driver 5% when entering Botswana. The Operator said it is only applicable AFTER the Martins Drift Weigh Bridge. At Serule and Francistown there was no problem.
This is obviously an attempt a corrupt activity that is taking place at this weighbridge and needs to be stamped out immediately. |
|
|
Resolution status note:
|
On 26th February 2016, Botswana Focal Point reported that the general public and business community were encouraged to report all corruption cases with Botswana Police as and when they happen. There are police officers stationed at all Botswana entry points. This will assist in addressing corruption issues. However, it should be noted that the 5% is not applicable at the 1st weigh bridge in Botswana but AFTER the 1st weigh bridge. In this instance, it will be applicable in Serule or Francistown. |
|
|
NTB-000-432 |
2.3. Issues related to the rules of origin |
2010-09-01 |
Zimbabwe: Beitbridge |
Eswatini |
Resolved
2016-03-24 |
View |
|
Complaint:
|
Zimbabwe Revenue Authority (ZIMRA) is charging duty on of fridges and freezers manufactured in Swaziland and exported into Zimbabwe under the FTA preferential trade regime querying the originating status. |
|
|
Resolution status note:
|
On 24th March 2016, Zimbabwe Focl Point reported that a joint verification mission on the Palfridge case was carried out during the period 19 to 21 January 2016 in Swaziland between the Swaziland Revenue Authority (SRA) and the Zimbabwe Revenue Authority (ZIMRA). In attendance was the COMESA Secretariat and representatives from the Ministries responsible for Trade from the two countries. After deliberations and tests carried out SRA and ZIMRA agreed that he fridges and freezers are listed as goods of economic importance to Swaziland and should acquire a minimum value addition of 25% for them to qualify under COMESA preferential treatment. The freezers and fridges qualify as originating from Swaziland under COMESA as they acquired a minimum value addition of 25% should therefore be accorded preferential treatment when imported into Zimbabwe |
|
|
Products:
|
8418.50: Furniture "chests, cabinets, display counters, show-cases and the like" for storage and display, incorporating refrigerating or freezing equipment (excl. combined refrigerator-freezers with separate external doors, household refrigerators and freezers of |
|
|
NTB-000-618 |
7.1. Arbitrariness |
2013-12-06 |
Zambia: Nakonde |
|
Resolved
2016-03-31 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Resolved NTB 514 refers, whereby ZAMESCO had been forcing transporters to park in its parking area at Nakonde border post, and pay a daily fee.
In April 2013, Zambia reported that this practice was no longer occurring and the NTB was considered resolved.
However, transporters report that ZAMESCO continues to force transporters to park in its area and pay an increased US$35 per day.
This is unacceptable. If trucks have to park at the border to await clearance, there should be free parking available. If they wish to use ZAMESCO's facility, it should be their choice. |
|
|
Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that there was variety of parking at Nakonde Border which transporters can use. The situation where transporters were being coerced to park at ZAMESCO had been addressed. Therefore, given the availability of variety of packing spaces, Zambia advise that the transporters should explore and opt for best options available. Given this development, this complaint was considered resolved. |
|
|
NTB-000-608 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2013-10-04 |
Zambia: Ministry of Transport, Works, Supply and Communications |
COMESA |
Resolved
2016-03-31 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Zambia is to introduce toll fees for all road users, on 1st November 2013.
The structure of the fees is detailed in the attachments.
The introduction is considered an unfair practice, since the tolls apply to foreign vehicles, and these vehicles pay road user charges on entry into the country.
The road user charges that the foreign vehicles pay (between USD10 per 100 kms and USD16 per 100 kms), are set to cover the road usage cost by the vehicles as they travel the country's roads.
The level of road user charges was recommended by COMESA, of which Zambia is a member.
Updated road user charges are being developed by the COMESA/EAC/SADC Tripartite and, when finalized, will be disseminated to member countries for their implementation.
Thus there is no justification for Zambia to introduce toll fees for foreign vehicles, as it is a duplication of the road user charges paid by them on entry into the country.
The added fees mean that foreign vehicles will be paying more than their fair share for road usage, and merely add to the cost of goods consumed in landlocked countries. |
|
|
Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that Toll fees are charged once at the port of entry for road usage from one point to the other and back. Transporters are only charged extra if they divert from their original route. The toll fees are discriminatory. |
|
English
Français
