| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-446 |
8.7. Costly Road user charges /fees |
2011-09-03 |
EAC |
Kenya |
Resolved
2015-09-24 |
View |
|
Complaint:
|
Port Charges are not harmonized. Port charges should be benchmarked with international port charges |
|
|
Resolution status note:
|
Kenya and URT submitted the Port procedures manual to the EAC Secretariat. |
|
|
NTB-000-650 |
6.6. Border taxes |
2015-02-01 |
Mozambique: Delegação Aduaneira de Ressano Garcia (Road) |
South Africa |
Resolved
2015-06-19 |
View |
|
Complaint:
|
Good day. Terminal Operator at Ressano Garcia plans to enforce fees to all cargo vehicles for the utilization of Ressano Garcia with effect from the 16th February 2015. The fees as attached to this request are ridiculous as a truck weighing 28Tons with Imports to Mozambique is expected to pay no less than R3000 on each occasion they enter Mozambique via Ressano Garcia. The upgrades at the port were an investment to ease trade facilitation and I'm of the view that traders are not opposed to paying however the required amount is way high and unfortunately the end-user will end up carrying these costs the end of the day. |
|
|
Resolution status note:
|
On 25 February 2015, Mozambique focal point confirmed that there has not been any fee set or fee charged for the use of the cargo Terminal of Ressano Garcia, since this matter is still under discussion internally. This NTB is therefore resolved |
|
|
NTB-000-606 |
8.8. Issues related to transit |
2013-10-08 |
Mozambique: Beira Port |
Zambia |
Resolved
2015-06-19 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
There is a serious security problem with trucks entering the Munhava area of Beira port.
The Munhava access route is the only entrance used by trucks entering the port to load and offload.
This is an extremely high crime area with drivers being harassed by third parties while entering and departing the port. The road is in a poor condition and is congested so vehicles have to slow right down. The criminal elements gather in this area and stop the vehicles by engaging the rear axle park brake on the fuel tankers or jumping onto the vehicle itself. They then demand money from the drivers (approx. USD 5 to 10). Should the driver fail to pay over the cash, he is then pulled from the vehicle and beaten. The driver is then thrown under the truck while a member of the group enters the truck and steals the personal effects, radios, money, tools etc from the vehicle.
If the drivers overnight within the Port, they are harassed by parties again. If the driver leaves the vehicle to submit documents, they enter the vehicle using duplicate keys. As you know, keys for trucks are not unique.
If you are travelling along this road with fertilizers or as in the case of the attached photo, wheat, then you need an armed guard.
The photo was taken at the Junction of the Main Beira Road and Munhava Road. As the vehicle turned the corner and drove out of Munhava, the guard cleared the weapon and sat down, an indication that he was out of the ‘danger’ area.
It is noted that the target of these attacks are predominately launched at foreign transporters.
ASTROS, the National Road Transport Association (NRTA) in Beira, has held meetings with the chief of Sofala province police, chief of nearest police station, CFM management in Sofala, Cornelder Management, Transport department of Sofala, and ultimately the Sofala Governor. The Governor has even opened a free telephone link to ASTROS. None of these initiatives have solved this problem.
CFM and the police know who the criminals are, where they stay and how they act, but simply do nothing.
This is a most serious situation and requires the urgent attention of the Regional Economic Communities (SADC, COMESA). |
|
|
Resolution status note:
|
On 19 June 2015, Mozambique Focal Point reported that the competent Provincial authorities in Sofala reported that security in the area had been reinforced to ensure safety of truckers. Further Mozambique Focal Point advised that, in future, FESARTA should provide names and force numbers for the police officer/s asking for bribes to assist in further investigations. Mozambique therefore has resolved the complaint |
|
|
NTB-000-394 |
1.1. Export subsidies
A84: Inspection requirement
Policy/Regulatory |
2011-01-15 |
Angola: At the point of offloading. |
South Africa |
Resolved
2015-04-07 |
View |
|
Complaint:
|
Ministry of Agriculture in Angola has implemented decree Nr 02/08. This decree requires the inspector to be present at the time of offloading, and to draw samples per load, line item and batch. As there are on average over 100 lines per container and more than one batch per line, this can result in as many as 300 samples being drawn per container. The remaining items will need to be placed in quarantine until testing is finalized and release given.
Given that on average 3 containers arrive in Luanda daily, more than 900 items from Shoprite alone will create a problem for the Lab. Their turn around time of 3 days will be impossible to maintain.
Many of the products are also time sensitive, which means that by the time final release is given, there may be very little shelf life left, if at all.
Then there is also the cost to consider. Sampling and testing is part and parcel of the business but taken to the extreme as is the case here, it becomes a very costly and ultimately damaging excercise both to the Business and the end consumer (reduced shelf life, less choice).
Suggestions:
1. Allow a South African authority (SABS, NRCS) to sample and inspect the goods before dispatching and issue a certificate against the findings, to accompany the load.
2. Allow Shoprite to send samples of the goods onboard via courier company so that the inspection can commence and thus be completed and the certificates issued by the time that the load arrives at the store level. The batch number can be verified by an independant body. |
|
|
Resolution status note:
|
On 7th April 2015, South Africa Focal Point reported that they had received confirmation from the complainant that NTB 394, reported by SA against Angola should be recorded as 'resolved' because what was complained about had not been enforced |
|
|
Products:
|
0401.10: Milk and cream of a fat content by weight of <= 1%, not concentrated nor containing added sugar or other sweetening matter and 1601.00: Sausages and similar products, of meat, offal or blood; food preparations based on these products |
|
|
NTB-000-643 |
2.6. Additional taxes and other charges |
2014-12-09 |
Tanzania: Dar-es-Salaam Port |
Burundi |
Resolved
2015-03-26 |
View |
|
Complaint:
|
Tanzania Ports Authority is charging all Transit containers located at at Tanzania International Container Terminal Services (TICTS) a miscellaneous Port Charges. On 05 June 2014, a transporter from Burundi was charged US$90 being for miscellaneous port services for a 20ft container |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that the double handling charges were abolished. This NTB is therefore resolved. |
|
|
NTB-000-643 |
2.6. Additional taxes and other charges |
2014-12-09 |
Tanzania: Dar-es-Salaam Port |
Burundi |
Resolved
2015-03-26 |
View |
|
Complaint:
|
Tanzania Ports Authority is charging all Transit containers located at at Tanzania International Container Terminal Services (TICTS) a miscellaneous Port Charges. On 05 June 2014, a transporter from Burundi was charged US$90 being for miscellaneous port services for a 20ft container |
|
|
Resolution status note:
|
At the 17th NTB forum held in Nairobi on 24th to 26th March 2015, Tanzania confirmed that these charges were no longer applicable and therefore the NTB was resolved. |
|
|
NTB-000-661 |
2.7. International taxes and charges levied on imports and other tariff measures |
2014-12-11 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2015-03-16 |
View |
|
Complaint:
|
Uganda charges 25% duty rate on scrapping rolls manufactured in Kenya and also on products manufactured in Kenya using glucose. |
|
|
Resolution status note:
|
At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, Kenya confirmed that Uganda had scrapped the 25% duty .This position was endorsed by the 17th NTB forum thereby resolving this issue. |
|
|
NTB-000-660 |
2.10. Inadequate or unreasonable customs procedures and charges |
2014-12-11 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2015-03-26 |
View |
|
Complaint:
|
Scanning of Uganda goods by anti-counterfeit agency at Mombasa |
|
|
Resolution status note:
|
The 17th EAC NTBs Forum held in Nairobi from 24-26 march 2015 considered and resolved tise NTB. |
|
|
NTB-000-659 |
2.14. Other |
2014-12-11 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2015-03-16 |
View |
|
Complaint:
|
Selective auctioning of Ugandan goods at Mombasa Port. |
|
|
Resolution status note:
|
At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, KRA reported that all auctions had been conducted in accordance with the laws and regulations. Uganda had been given an extended 90 day period in which to notify owners of the auction after which the auction was conducted. This position was endorsed by the 17th NTB forum thereby resolving this issue. |
|
|
NTB-000-631 |
1.1. Export subsidies |
2014-04-22 |
South Africa: Ficksburg Bridge |
Lesotho |
Resolved
2015-03-24 |
View |
|
Complaint:
|
I apparently needed a certificate from the State Vet to carry wool tops over the border! This proved impossible to get in Ficksburg. I have also experienced many problems bringing craft goods over to South Africa from lesotho as we need to pay VAT on all goods coming to exhibitions. This is extremely time consuming process and then I have to claim the VAT back when I bring unsold goods back over the border! |
|
|
Resolution status note:
|
On 24 March 2015, Lesotho Focal Point reported that the NTB had been resolved and therefore must be removed from the pending cases. |
|
|
Products:
|
5105.29: Wool, combed (excl. that in fragments "open tops") |
|
|
NTB-000-595 |
2.13. Issues related to Pre-Shipment Inspections |
2013-06-10 |
South Africa: Ficksburg Bridge |
Lesotho |
Resolved
2015-03-25 |
View |
|
Complaint:
|
Exporter's containers (in transit to USA) are stopped by South African Revenue Services (SARS) at Ficksburg border post, South Africa and consignments are checked exclusively notwithstanding the fact that they are being checked by the Lesotho Revenue Authority (LRA) before they are dispatched. SARS requires certificate of origin before they can process Electronic Data Interchange and that goods be off-loaded from the containers and then re-loaded and this requires extra manpower thereby adding on the cost of manufacturing. Moreover, exporters have to pay standing charges for transporters as they have to stay overnight at the border as the process takes about 6-12 hours and this impacts negatively on many other shipping processes. The process also causes goods to reach their destinations after the agreed timeframe and as a result exporters fail to meet their customers' requirements.
The incident has happened on more than one occassion. |
|
|
Resolution status note:
|
On 25 March 2015, Lesotho Focal Point reported that the NTB had been resolved and therefore must be removed from the pending cases. |
|
|
NTB-000-548 |
8.1. Government Policy and regulations |
2012-11-30 |
Botswana: Kazungula Ferry |
South Africa |
Resolved
2015-03-25 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Botswana Department of Veterinary Services is requiring a permit for agricultural products to be purchased in Gaborone and for the original to be carried on the truck.
This procedure is time-consuming and inefficient.
The process should be done electronically and the truck carry an electronic copy. |
|
|
Resolution status note:
|
On 25 March 2015, Botswana Focal Point reported that transit permits are now issued in various Veterinary Offices countrywide. Issuance of such permits has now been decentralized. Botswana still requires that permits original (hard) copies MUST always accompany consignment. It must be noted that 1 consignment requires 1 permit which is neither time consuming nor inefficient. Introduction of electronic copies (for convenience) is still being considered. With this explanation, and that transporters can obtain permits easily, the NTB should be considered resolved |
|
|
NTB-000-645 |
1.1. Export subsidies |
2015-01-23 |
Botswana: Ngoma |
|
Resolved
2015-02-11 |
View |
|
Complaint:
|
I have a consignment of used vehicles imported from UK and the USA. They are being denied entry to Botswana on transit to Zimbabwe because they are not registered. Apparently Botswana does not allow unregistered vehicles to drive on their roads |
|
|
Resolution status note:
|
The affected company reported that they managed to get assistance from the Namibia Customs officials who escorted the consignment back into Namibia then to the Zambia border. They used the Zambia route which is 400 kilometers longer. The company reported that the Department of Transport in Botswana informed them that there won't be a waiver for vehicles not registered in SADC or COMESA region. Only COMESA and SADC registered vehicles are allowed road transit in Botswana
However, tourism vehicles registered outside COMESA and SADC and vehicles destined for Botswana are allowed to be driven in Botswana.
FESARTA confirmed that, according to the regional policy, all vehicles not registered in COMESA or SADC would have to be loaded on other vehicles. |
|
|
Products:
|
8704.22: Motor vehicles for the transport of goods, with compression-ignition internal combustion piston engine "diesel or semi-diesel engine" of a gross vehicle weight > 5 t but <= 20 t (excl. dumpers for off-highway use of subheading 8704.10 and special purpose |
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|
NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
|
|
Resolution status note:
|
On 31st May 2012, Mozambique reported that , consultations were held with authorities responsible for transport regulations which submitted the following update:
Decree 14/2008 of 25 June 2008, “approves the Regulations for weights and dimensions, Combinations and spreading of Cargo in Motor vehicles and Trailers and revokes Articles 18, 19, 24, and 27 of the Road Code”
Article 5 “ Maximum dimensions”
Nº. 1. The contour of vehicles involving all accessories, except rear view mirrors and direction indicators may not exceed the following values regarding the types of vehicles:
A. Length:
a) Vehicle with one or more axles -13m
b) Articulated vehicles with 3 or more axles -18m
c) Sets Vehicle-trailer -22m
d) Trailers with one or more axles -13m
e) Trailers for agricultural traction of:
i. One axle -7m
ii. Two or more axles -10m
B. Width - 2,60 m
C. Height - (measured from the ground) – 4,3m~
Nº. 2. Articulated vehicles specially adapted and approved by the National Traffic Institute for the transport of containers. The maximum length for this type of vehicles is 16,50m.
N° 8. The National Traffic Institute may authorize:
a) The transit of vehicles that transport indivisible objects that exceed the limits;
b) The registration or transit of special vehicles with dimensions exceeding the limits.
This Article must be read with Article 58 (1) of the new Road Traffic Code - Decree Nº 1/2011.
Art. 58 “Special Authorization”
N.º 1. According to the conditions specified in the Rules, INAV may allow the transit of vehicles exceeding the weight or dimensions legally allowed or transporting indivisible objects that exceed the size of the vehicles.
N.º 2 The referred authorizations require a favourable opinion from ANE and the Municipal Councils, depending on the cases, regarding the nature of the road paving, the resistance of art works along the routes or the technical specifications of the public roads. Thus limiting the access of such vehicles to roads whose specifications allow such transit.
From the above mentioned articles it is understood that, although the law specifies the limit of 16.5 m, the transporter or operator may request from INAV a “Transit Permit” which will involve police escort. This permit costs 398, 00MTn which is equivalent to approximately R 110.00.
Vehicles are expected to conform to the decree. |
|
|
NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
|
|
Resolution status note:
|
On 10 February 2015, Mozambique Focal Point requested that this NTB be resolved on grounds that FESARTA was not forthcoming with additional information on proof of payment and the place where the accident occurred to assist with the investigation on the incident. Further, according to the existing Regulation (Decree 14/2008 of 25 June), it should be noted that Mozambique does not have infrastructure prepared to adopt the specifications of South Africa, so that the movement of carriers in Mozambique is made on specific routes. The Portuguese version is uploaded onto the system for reference. However, Mozambique was working towards adapting their laws in line with SADC recommendations about size and weights of vehicles. |
|
|
NTB-000-478 |
8.6. Vehicle standards
Policy/Regulatory |
2011-12-20 |
Mozambique: Delegação Aduaneira de Cuchamano |
South Africa |
Resolved
2015-02-10 |
View |
|
Complaint:
|
Mozambique restricts an articulated vehicle carrying general cargo, to 18 metres length. It restricts an artic carrying ISO shipping containers to 16.5 metres length. This does not conform to the recommendations given by both COMESA and SADC. Generally, artics in Southern Africa are up to 18.5 metres in length, in accordance with the SADC recommendations. Transporters cannot practically shorten their artics and comply with the Mozambique regulations. Fines are received by transporters when they try to travel through Mozambique with artics longer than 16.5 or 18 metres. |
|
|
Resolution status note:
|
On 10 February 2015, Mozambique Focal Point advised that the NTB be resolved in according to the existing Regulation (Decree 14/2008 of 25 June) and that it should be noted that Mozambique did not have infrastructure prepared to adopt the specifications of South Africa, so that the movement of carriers in Mozambique is made on specific routes. However, Mozambique was working towards conforming to SADC specifications on vehicle length and weights.
FESARTA confirmed that there had been no reports of recent problems with NTB 478 and therefore the NTB should be resolved. FESARTA made an observation that the regulation was probably introduced many years ago, when there could have been a particular issue that resulted in the regulation and that the regulation may not have any relevance now. |
|
|
NTB-000-598 |
8.7. Costly Road user charges /fees |
2013-07-10 |
Mozambique: Tete Bascala,Tete Bridge |
Mozambique |
Resolved
2015-02-10 |
View |
|
Complaint:
|
There is a charge only on foreign vehicles over 3500kg crossing the Tete bridge initially US$250 and then US$75 every time the vehicle crosses the bridge. The vehicle involved is a Crane truck used in construction sites in and around Tete.
The vehicle can travel all the way from Maputo and operate on the south side of the river without paying any fees but is charged the above very high fees once it goes to the north side of the bridge. |
|
|
Resolution status note:
|
On 10 February 2015, Mozambique focal point reported that the fees are regulated through the Decree No. 26/2010 available in the online system and that the USD75 fee is only applicable to cross the north bridge. According to the decree establishing the rates, foreign vehicles must pay a stipulated fee of 75 USD on the bridge. However, as indicated by complainant, the vehicle can use alternative route and travel all the way from Maputo and operate on the south side of the river without paying any fees. With this explanation, Mozambique considers the NTB resolved because there is alternative route for foreign vehicles. |
|
|
NTB-000-412 |
2.3. Issues related to the rules of origin |
2009-05-08 |
Sudan: Port Sudan sea port |
Kenya |
Resolved
2015-01-19 |
View |
|
Complaint:
|
Sudan customs authorities refused to recognise COMESA certificates of origin for the export of laundry soap noodles manufactured in Kenya. The soap noodles are packed in 25kgs PP woven bags. |
|
|
Resolution status note:
|
On 19 January 2015, Kenya focal point reported that, ideally Sudan Customs should have requested COMESA for a verification mission to Kenya, but the issue was left hanging. Kenya would therefore want this NTB removed from the outstanding NTBs ‘as resolved’ on grounds that the affected company had advised Focal point to close the case since they are no longer exporting soap noodles to Sudan. The NTB shall be registered afresh if it features again. At that point, reporting company will be requested to provide the supportive documents with current dates. |
|
|
Products:
|
3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
|
|
NTB-000-621 |
1.14. Lack of coordination between government institutions |
2014-01-26 |
Tanzania: Nzega Town |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
High way attack that occurred in TANZANIA near NZEGA Town along the Central Corridor |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that security had improved. Tanzania was providing police escorts. This NTB is therefore resolved. |
|
|
NTB-000-642 |
2.9. Issues related to transit fees |
2014-12-09 |
Tanzania: Dar-es-Salaam Port |
Burundi |
Resolved
2014-12-11 |
View |
|
Complaint:
|
The United Republic of Tanzania via the Ministry of Health and Social Welfare is charging USD200 as registration fee for transit permit on each transit container which contain which contain Chemical products. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Tanzania reported that the levy was abolished in 2012.This NTB is therefore resolved. |
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