| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-260 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-09-08 |
South Africa: SARS |
Namibia |
Resolved
2010-11-22 |
View |
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Complaint:
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Namibia's ASYCUDA system allows for direct inputs by both local and foreign traders and communicates well with customs clearance system used in the region (mostly ASYCUDA). South Africa has, years after Botswana and Namibia introduced it, introduced the SAD500(Single Administrative Document) for customs clearance system yet does not allow for direct input by traders/ freight forwarders not registered in South Africa into its system ( not ASYCUDA). |
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Resolution status note:
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South Africa reported that Single Administrative Document (SAD) has been introduced to make the clearance of goods easier and more convenient for importers, exporters and cross-border traders on 01 October 2006. The SAD complies with international best practices and Customs standards; with similar documents having been introduced throughout the world |
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NTB-001-008 |
2.2. Arbitrary customs classification |
2020-05-05 |
Zambia: Ministry of Livestock and Fisheries |
South Africa |
Resolved
2022-10-10 |
View |
|
Complaint:
|
Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product. |
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Resolution status note:
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A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition |
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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 |
View |
|
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. |
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Resolution status note:
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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. |
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NTB-000-585 |
8.8. Issues related to transit
Policy/Regulatory |
2013-04-29 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2013-09-11 |
View |
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Complaint:
|
New transit procedures are causing a lot of delays in the clearance of transit cargo through Mozambique Ports. According to the new transit procedures, Malawian transporters /clearing agents are requested to make cash deposits bond requirements to the Mozambican customs at the borders or prior to transit clearance at the Port of discharge to Malawi and other neighbouring countries like Zimbabwe, Zambia, among others. According to Mozambique, the requirement is made because transit goods end up disappearing within Mozambique and their Government lose a lot of revenue. In addition to that, customs clearing and Forwarding Agents need to undergo re-registration formalities.
The major problem about these issues is that most Malawian businesses were not aware and there is a crisis at the borders with a lot of Malawian trucks that cannot clear. Even on the part of Mozambican customs they are also learning the new system. |
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Resolution status note:
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On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.
Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.
The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.
10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. |
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NTB-000-453 |
8.8. Issues related to transit |
2011-09-03 |
Tanzania: Ministry of Transport |
Burundi |
Resolved
2012-04-26 |
View |
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Complaint:
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No movements of Cargo Trucks beyond 6:00 pm within Tanzania. This affects trucks from Rwanda, Burundi & Uganda |
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Resolution status note:
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At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Burundi agreed that this NTB be resolved on the basis that Tanzania was modernising the tracking equipment so as to have electronic devices that can be monitored electronically along the transport corridor to the final destination. This provision allows Tanzania Revenue Authprity to make the necessary timely interventions. Burundi and Tanzania have signed a joint MoU in joint patrol and were provided equipment to maintain security along the affected areas. However Tanzania wouldl notify Burundi on the operationalization of the Electronic Cargo Tracking System (ECTS). |
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NTB-000-678 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2011-08-25 |
Egypt: Egyptian Customs Authority - Ministry of Finance |
Kenya |
Resolved
2016-02-08 |
View |
|
Complaint:
|
Non acceptance of COMESA certificates of origin on mill white sugar, LG Electronics (TV sets) originating from Kenya |
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Resolution status note:
|
On 8th February 2016 , Focal Point for Egypt reported that the NTB be considered resolved on the basis of a recommendation from a joint visit on the spot verification for Mill White Sugar and LG products (TV Sets) was undertaken that White sugar & LG Electronics (TV sets) qualify for preferential treatment according to COMESA protocol of ROO. |
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NTB-000-040 |
2.3. Issues related to the rules of origin |
2005-05-29 |
Sudan: Ministry of Trade |
Egypt |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Non adherence of 35% value added
Egypt complained that the Authorities in Sudan denied access on Egyptian Shaving Blades market due to non-adherence with 35% value addition. |
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Resolution status note:
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Sudan reported that the issue was resolved through the COMESA Customs and Trade Committee. (Report of the COMESA Customs & Trade Committee) |
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Products:
|
8212.20: Safety razor blades of base metal, incl. razor blade blanks in strips |
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NTB-000-444 |
1.1. Export subsidies
A83: Certification requirement
Policy/Regulatory |
2011-09-02 |
Kenya: Ministry of Agriculture |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Non recognition by Kenya for SPS certificates issued by Uganda for tea destined for Mombasa action. |
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Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the requirement would be abolished. Kenya reported that tea destined for auction at Mombasa for export must be warehoused in a bonded Customs warehouse (Transit Go down) of their choice. This NTB is therefore resolved |
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NTB-000-204 |
1.1. Export subsidies
B41: TBT regulations on production processes |
2009-07-27 |
SADC |
Zimbabwe |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Non recognition given of ZIMBABWE standards as having equivalent outcomes by SADC countries Authorities |
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Resolution status note:
|
SADC Secretariat advised that there is no obligation for any country to recognize another country’s national standard in SADC. However if a standard has been harmonized at regional level, all SADC countries are expected to adopt and recognize that standard. Many national standards bodies adopt international standards as their national standards. It would be highly unusual and unexpected for one country not to recognize a national standard - which is an adoption of an international standard - of a second country |
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NTB-000-041 |
2.3. Issues related to the rules of origin |
2004-12-22 |
Sudan: Ministry of Trade |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Non recognition of Certificate of Origin (case outstanding since 2001)
Kenya complained that the Authorities in Sudan refused to recognise the COMESA Certificate of Origin from Kenya on exports of Galvanised Steel Pipes |
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Resolution status note:
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Sudan reported that the issue was resolved through the COMESA Customs and Trade Committee. (Report of the COMESA Customs & Trade Committee) |
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NTB-000-522 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
Non recognition of EAC certificate of origin by Tanzania Revenue Athority for furniture products manufactured in Kenya |
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Resolution status note:
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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, Tanzania reported that this was a one off incidence which had been resolved. |
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NTB-001-067 |
8.6. Vehicle standards |
2022-04-15 |
Kenya: |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs. |
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Resolution status note:
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The meeting was informed that Kenya is implementing the East African Community Vehicle Load Control (Vehicle Dimensions and Axle Configurations) Regulations (EAC-VLC) Act and its subsequent regulations of 2018. The trucks affected were found to be in violation of the Law. The Act provides a maximum of 4 axles (2 steerings and 2 rear) on a rigid chassis vehicle which must not exceed 12 meters. Impounded vehicles had 5 axles on a rigid chassis vehicle which is not allowed by law. The meeting agreed that the Partner States need to abide by the EAC Laws. Hence the complaint is not an NTB. |
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NTB-000-499 |
8.7. Costly Road user charges /fees |
2012-03-14 |
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Tanzania |
Resolved
2022-06-14 |
View |
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Complaint:
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Non-harmonized road user charges / road tolls in EAC Partner States. |
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Resolution status note:
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On 14 June 2022 the EAC Secretariat reported that the SCTIFI meeting agreed that this is not an NTB since RUC is not harmonized in all EAC Partner States. The complaint is removed from the TBP |
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NTB-001-221 |
3. Technical barriers to trade (TBT)
B8: Conformity assessment related to TBT |
2024-10-03 |
Kenya: Lunga Lunga OSBP |
Tanzania |
Resolved
2025-05-30 |
View |
|
Complaint:
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Non-recognition of Standards certificate from TBS by KBS for salt transferred by Neelkant Tanzania company into Kenya, charging six thousand Kenya shillings for each shipment. The EAC Partner States are implementing a harmonised standard on salt. |
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Resolution status note:
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During the 38th RMC Kenya informed that the NTB was on lime and not salt as reported. The meeting was also informed that there are two harmonized and gazetted standards on lime, but other Partner States are still using their national standards.
Hence if a Partner State is using National Standards, retesting and inspection has to be done
The meeting requested TBS to adopt the harmonized standards EAS;73, EAS;1165;2024 or write to EAC Secretariat in case of any specific reasons for not adopting the standard for further consideration by other Partner State
Hence the NTB is resolved |
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NTB-000-844 |
Insurance |
2018-09-28 |
Uganda: Police |
Burundi |
Resolved
2018-09-28 |
View |
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Complaint:
|
Non-recognition of the COMESA Insurance by Uganda in case of accident. |
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Resolution status note:
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Uganda reported that under the Law, in case of a fatal accident, the drivers are supposed to be taken to court unless you opt to resolve it. The meeting agreed that this NTB has been resolved. |
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NTB-000-493 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2012-04-16 |
South Africa: Gauteng |
South Africa |
Resolved
2013-05-23 |
View |
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Complaint:
|
Note: This is not reported by South Africa, but by FESARTA; a sub-regional organization.
The South African National Roads Agency, SANRAL, is planning to introduce new toll fees on its upgraded Gauteng freeways (E-tolls). The proposed fees are in excess of fees agreed at regional level, viz:
In 2007, the SADC-recommended road user charge for South Africa, was US$2.92/100kms, for a heavy goods vehicle. In 2009, this was revised to US$3.46/100kms. These recommended figures were calculated from the road maintenance data submitted to SADC by South Africa in those years.
On its busiest freeway, the N3 from Durban to Gauteng, the 2012 toll fees charged by SANRAL amount to approximately US$13/100kms. This is far in excess of the fees recommended by SADC.
Now, SANRAL is proposing to charge around US$19/100kms for the use of the Gauteng freeways by a heavy goods vehicle.
It is considered that these fees are excessively high and will unnecessarily add to the cost of goods to the consumer in the East and Southern African region. |
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Resolution status note:
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At its 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, SCTF noted that the report was based on toll fees that were not yet implemented. As such traders are not affected. It was agreed that matter be filed until such time that the fees are effected |
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NTB-000-438 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-16 |
EAC |
Kenya |
Resolved
2016-06-30 |
View |
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Complaint:
|
Numerous institutions involved in testing goods in the EAC partner states. |
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Resolution status note:
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There is collaboration among testing agencies |
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NTB-000-657 |
5.15. Other
Policy/Regulatory |
2014-12-11 |
Tanzania: Various State Agencies |
|
Resolved
2023-07-03 |
View |
|
Complaint:
|
Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products |
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Resolution status note:
|
The 42nd SCTIFI noted that the Republic of Uganda and the Republic of Kenya are handling the diary issues bilaterally with the United Republic of Tanzania whereby several meetings at the Ministerial and Summit levels have taken place and are at the final stages to be resolved. Also, the issue is being handled in the ongoing process of harmonization of fees, levies, and charges, and all the charges will be harmonized together with other charges. The SCTIFI hence guided that the NTB should be removed from the Time Bound program and allow the ongoing bilateral processes to be finalized. |
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NTB-000-484 |
7.10. Other |
2012-01-03 |
Zimbabwe: Victoria Falls Weighbridge |
South Africa |
Resolved
2012-10-03 |
View |
|
Complaint:
|
Old and inaccurate weighbridge. The Vic Falls weighj bridge is a manual weighbridge and transporters have endless trouble there with trucks which pass all Zambian electronic weighbridges and are then declared overweight in Vic Falls. The fines also are astronomical. They will not allow a reweigh and when the fine is paid the truck is allowed to proceed without any adjustment or offloading and it then passes all other Zimbabwe weighbridges and RSA weighbridges without any overweight. The weighbridge is old and inaccurate and should not be used for enforcement. |
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Resolution status note:
|
On 03 October 2012, FESARTA reported that they had recieved input from the Zimbabwe VID, to the fact that the Victoria Falls weighbridge is reasonably new and calibrated regularly. FESARTA reported that there had been no reports of problems at this weighbridge and therefore FESARTA recommended that this NTB can be removed from the system. |
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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 |
View |
|
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. |
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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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