| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
|
|
Resolution status note:
|
Kenya informed the meeting that the charges are in accordance with the existing KPA regulations. The verification charges are applicable to containers identified for verification upon the customer's request. The customer has a choice to use an independent agent. Hence this is not an NTB and is resolved. |
|
|
NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS). |
|
|
Resolution status note:
|
The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved. |
|
|
NTB-001-025 |
8.1. Government Policy and regulations |
2021-08-10 |
Malawi: SONGWE KARONGA BOX 8 WEIGHBRIDGE |
Rwanda |
Resolved
2023-04-06 |
View |
|
Complaint:
|
The Rwanda truck carrying Fertilizer TPT from Tanzania to Malawi Lilongwe was refused to enter Malawi and charged USD 1000 for violating third country rule a provision that is being applied betwen Zambia and Malawi to protect their national transport operators against foreign transporters not registered in Malawi. This is a discrimination against other trucks transporting goods to Malawi |
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|
Resolution status note:
|
The COMESA workshop on Capacity building for Member States held on 2- 6 April 2023, reviewed this matter and recommended that the Secretariat to recommend to Rwanda to regard this NTB as resolved considering that there are Legal Instruments supporting its implementation. The relevant transport instruments would be shared with Rwanda. |
|
|
NTB-001-215 |
7.1. Arbitrariness |
2024-10-03 |
Kenya: Traffic Police |
Rwanda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Arbitrary fines charged to drivers in Kenya not commensurate to the fines specified in Kenya Traffic Control Act 2015
For instance, the driver was fined 25,000 Kenyan shillings where he was supposed to pay only 10,000 Kenyan shillings (Section 53 (1) and 67). Also, Kenya Traffic Control Act (2015) prohibits someone from driving a commercial vehicle for more than a total of eight hours in any 24-hour period (section 66A). This should not apply to transit trucks since the international best practice for maximum driving time for truck drivers is between 11 and 14 hours a day.
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|
|
Resolution status note:
|
Kenya informed the meeting that the driver was arrested on 12 / 09 / 2024 while driving a Motor Vehicle with Registration No. RAE 579B / RL2395 M / Benz Actros and was consequently presented before Makindu Law Court charged with the following offenses:
● Count 1: Failing to maintain parts and equipment of the M / Vehicle contrary to Section 55 (1) as read with Section 58 (1) of the Traffic Act Cap 403 Laws of Kenya without rear reflectors). The accused pleaded guilty and was fined KSHS 15,000
● Count 2: Causing obstruction, contrary to Section 53 (1) as read with Section 53 (4) of the Traffic Act Cap 403 Laws of Kenya. The accused pleaded guilty and fined KSHS 10,000 / =
Hence amounting to a total of KSHS. 25,000
The Republic of Rwanda submitted that there is need to notify counterparts in case a National of one Partner States is charged in another Partner States and Traffic offenses should be distinguished from crime. |
|
|
NTB-001-216 |
6.2. Administrative fees |
2024-10-06 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Mombasa county charges: At Mombasa Port they charge county fees where they pay 700 KEShs but these fees are never communicated to the truck driver in any way. Consequently, after some months you get a message that you have parking fees arrears with fines for late payment which can reach 7,000 KEShs.
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|
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Resolution status note:
|
The meeting considered the matter and noted that as per the evidence provided, the charges were related to parking fees. The meeting highlighted that it is the obligation of the driver to pay for related parking fees whenever he parks in a chargeable area hence the issue is not as an NTB. |
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|
NTB-001-230 |
6.2. Administrative fees |
2024-11-28 |
Tanzania: Ngara District Council |
Rwanda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Tanzania charged 100,000Tsh on trucks transporting agricultural products from Kahama and Ngara District to Rwanda, and this is not fair for goods in transit. |
|
|
Resolution status note:
|
During the RMC, Tanzania reported that it is a district developmental fee and is charged non-discriminatorily to all traders transferring agricultural produce from the districts and provided evidence for the same.
Hence, the NTB is resolved |
|
|
NTB-001-232 |
2.6. Additional taxes and other charges |
2025-01-23 |
Tanzania: Tanzania Revenue Authority |
Rwanda |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Refusing to grant Preferential Tariff Treatment on Fridges and Freezers.The United Republic of Tanzania denied Preferential Tariff Treatment to Rwandan fridges and freezers manufactured by ALMAHA INDUSTRY CO. LTD, in Rwanda, despite the EAC Customs Management Act and Legal Notice No. EAC/287/2024 offers a 10% import duty remission under regional preferential tariff treatment. Thus, all EAC Partner States are obliged to allow preferential tariff treatment for these products |
|
|
Resolution status note:
|
The 38th RMC was informed that the NTB was resolved |
|
|
NTB-001-214 |
6.6. Border taxes |
2024-10-01 |
Tanzania: Rusumo, Mutukula, Kabanga |
Rwanda |
Resolved
2025-11-25 |
View |
|
Complaint:
|
Through Port Health at Rusumo, Kobero / Kabanga and Mutukula/Mutukula, the United Republic of Tanzania charges the Republic of Rwanda and the Republic of Burundi Trucks 5 USD or the equivalent in Tshs as Free Pratique which is not in the EAC legal framework for free movement of cross-border trade. |
|
|
Resolution status note:
|
This charge is not discriminative. |
|
|
NTB-000-230 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-28 |
Namibia: Namibia Revenue Authority |
Namibia |
Resolved
2011-03-09 |
View |
|
Complaint:
|
Border delays due to documentation and customs procedures. |
|
|
Resolution status note:
|
Namibia reported that the Ministry of Finance have so far appointed 61 entry level staff and interviews are still ongoing senior positions up to April 2011
|
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|
NTB-000-230 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-28 |
Namibia: Namibia Revenue Authority |
Namibia |
Resolved
2011-03-09 |
View |
|
Complaint:
|
Border delays due to documentation and customs procedures. |
|
|
NTB-000-247 |
1.14. Lack of coordination between government institutions |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2011-05-11 |
View |
|
Complaint:
|
In Namibia the same information has to be provided and captured more than once in the import and export supply chain, e.g. Namport, Custom & Excise, MoF, MTI, NCCI, Carriers and Agents on imports of copper concentrate from DRC and RSA which becomes cumbersome. |
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|
Resolution status note:
|
Namibia reported that Copper is a controlled product that needs verification to determine the value for tax purposes and subsequent issuance of permit by he Ministry of Trade and Industry. |
|
|
NTB-000-248 |
1.14. Lack of coordination between government institutions |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2011-02-08 |
View |
|
Complaint:
|
In Namibia the same information has to be provided and captured more than once in the import and export supply chain, e.g. Namport, Custom & Excise, MoF, MTI, NCCI, Carriers and Agents on imports of fuel from RSA. |
|
|
Resolution status note:
|
This NTB has been resolved |
|
|
NTB-000-249 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Namibia: Ministry of Trade |
Namibia |
Resolved
2012-04-26 |
View |
|
Complaint:
|
In Namibia the same information has to be provided and captured more than once in the import and export supply chain, e.g. Namport, Custom & Excise, MoF, MTI, NCCI, Carriers and Agents on exports of salt to West Africa and RSA,. |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Namibia reported that, a client can obtain an import or export permit in one hour at the Ministry of Trade and Industry if all the required documents are provided. With regard to the export permit the delay comes in when the product is a controlled product where the client is expected to obtain a clearance certificate from the relevant Ministry for tax purposes or when the importing country policies and regulations requires that the imported product be accompanied by authorised documents from the relevant authorities. The meeting accepted Namibia’s submission to resolve this NTB |
|
|
NTB-000-088 |
2.6. Additional taxes and other charges |
2009-07-23 |
South Africa: South African Revenue Services |
Namibia |
Resolved
2011-06-08 |
View |
|
Complaint:
|
South Africa charging an import levy on beer |
|
|
Resolution status note:
|
South Africa reported that beer is traded free under SADC and 5%/litre under SACU (Source: Jacobsens tariff book) |
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|
NTB-000-245 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-09-08 |
Angola: Ministry of Trade |
Namibia |
Resolved
2011-11-30 |
View |
|
Complaint:
|
The acquisition of Pre-shipment inspection numbers and consequent inspection of shipments for exports to Angola make transport pre-planning quite difficult and cause lengthy delays for the transport industry. |
|
|
Resolution status note:
|
During the NTBs national workshop held in Angola on 30 November 2011, Angola reported that this NTB lacks clarity and complainant could not be traced to provide additional information. The complaint is therefore considered resolved unless additional information is provided. |
|
|
NTB-000-253 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Angola: Ondjiva Customs |
Namibia |
Resolved
2011-11-30 |
View |
|
Complaint:
|
Clearance of goods by the Ondjiva customs at the Oshikango/Santa Clara border post is too time consuming (red tape/inefficient bureaucracy). |
|
|
Resolution status note:
|
During the NTBs national workshop held in Angola on 30 November 2011, Angola reported that its Customs service underwent a structural reform and modernisation resulting in the simplification and harmonisation of customs procedures. Clearance of goods takes maximum 48 hours, if documentation is properly submitted. |
|
|
NTB-000-254 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-08 |
Angola: Angola Revenue Authority |
Namibia |
Resolved
2011-11-30 |
View |
|
Complaint:
|
Lack of harmonized procedures between Namibian and Angolan customs authorities make exports into Angola very difficult and generally frustrating. |
|
|
Resolution status note:
|
During the NTBs national workshop held in Angola on 30 November 2011, it was reported that Angola has modernised customs procedures by reducing dwell time to 48 hours. Angola is also developed simplified trade regimes for informal and small scale traders, incorporating them into the trading system. |
|
|
NTB-000-259 |
7.6. Lack of information on procedures (or changes thereof) |
2009-09-08 |
Angola: Ondjiva Customs |
Namibia |
Resolved
2011-11-30 |
View |
|
Complaint:
|
Angola effects random increases in excise duties without notifying traders in advance. |
|
|
Resolution status note:
|
During the NTBs national workshop held in Angola on 30 November 2011, it was reported that all tariffs and other related fees and charges are gazetted and therefore not charged in ad hoc manner. The Angola Tariff Book is published and available on Angola Customs website (www.alfandegas.gv.ao). |
|
|
NTB-000-261 |
7.4. Costly procedures |
2009-09-08 |
Angola: Ondjiva Customs |
Namibia |
Resolved
2011-11-30 |
View |
|
Complaint:
|
Extended and unpredictable turnaround time resulting in additional costs of trucking into Angola. |
|
|
Resolution status note:
|
During the NTBs national workshop held in Angola on 30 November 2011 it was reported that customs observations were that truck drivers leave trucks at the Angola borders for 3 or more days and return to Oshikango to resolve personal issues, claiming that they are processing documents. Too many trucks are parked at the border without information where the drivers are. In some cases drivers have reported that they are not clear of the physical addresses of destination of the load in Angola. Angola Customs is investing in creating the best conditions for commercial and non commercial border users. Santa Clara border is undergoing a massive expansion with a view to become a regional and international example of trade facilitation infrastructures. |
|
|
NTB-000-292 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-09-08 |
SADC |
Namibia |
Resolved
2011-11-10 |
View |
|
Complaint:
|
Empty space on trucks cannot be utilized due to the 'Third Country' rules. This law should be abolished within SADC |
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|
Resolution status note:
|
SADC Secretariat reported that, reducing costs of doing business in the region is one of the key objectives of the SADC Secretariat. However, some interventions of the Secretariat are bound by its regional economic integration process. SADC FTA enables goods originating in Member States applying the FTA to enter duty free and quota free under provisions in the SADC Protocol on Trade. For this economic activity, economic operators are not obliged to be registered as economic operators in the countries where goods are delivered if only they are delivering goods. A deeper regional economic integration would be needed in order to allow foreign economic operators to engage in business activities in Member States, benefit from local business opportunities but also meeting fiscal obligations arising from such operations. This is a level of economic integration closer to common market and which forms SADC long term vision. |
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