| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-506 |
1.1. Export subsidies
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Plant Health Inspectorate Services |
Tanzania |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Delays by Partner States to harmonize SPS protocol has resulted in cut-flower from Tanzania for re-exports to Europe and Russia blocked by Kenya. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the blockage had been lifted. This NTB is therefore resolved. |
|
|
NTB-000-451 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2011-09-03 |
Kenya: Mombasa sea port |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Additional charges by Container freight stations.The port charges should include charges on container freight charges. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, Kenya reported that the port charges by ICDs and CFS should be the one approved by port authorities. Kenya Ports Authority has signed a service level agreement to guide charges by CFS. This NTB is therefore resolved. |
|
|
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. |
|
|
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 |
|
|
NTB-000-442 |
7.8. Consular and Immigration Issues |
2011-09-03 |
Kenya: Immigration Department |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lengthy procedures for issuing work permits by Kenya, Uganda and Tanzania Immigration departments.As per BCI 2008 ,business take between 1-5 months to acquire work permits for workers sourced from another EAC country.Businesses are forced to employ locals who may lack required skills. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the Kenya had abolished this requirement. This NTB is therefore resolved |
|
|
NTB-000-498 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2012-03-14 |
Kenya: Mombasa sea port |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Congestion in the Dar-es- Salaam and Mombasa Ports |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the ports of Mombasa and Dar Es Salaam are implementing National single window system to redress delays at the ports. This NTB is therefore resolved |
|
|
NTB-000-448 |
8.8. Issues related to transit |
2011-09-02 |
EAC |
Rwanda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Inadequate Police Escort mechanism. |
|
|
Resolution status note:
|
At the 16th EAC regional forum on non tariff barriers held in Kigali in December 2014, EAC Secretariat reported that the All Partner States were providing police escorts. This NTB is therefore resolved |
|
|
NTB-000-450 |
2.11. Lack of control in Customs infrastructure |
2011-09-03 |
EAC |
Uganda |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of verification sheds and parking yards at most border posts in the EAC partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the 15th EAC Forum on NTBs noted that the ongoing construction of OBSP was addressing this NTB and Partner states reported that construction of OSBPs was at advanced stages at key border posts. This NTB is therefore resolved |
|
|
NTB-000-436 |
2.14. Other |
2009-04-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
There is lack of harmonized procedures manual for the EAC partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that the EAC harmonized procedures manual was adopted by the Council in 2012. This NTB is therefore resolved |
|
|
NTB-000-435 |
2.14. Other |
2010-09-16 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of implementation of EAC harmonized documents by partner states. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now using EAC harmonized documents. This NTB is therefore resolved |
|
|
NTB-000-507 |
2.3. Issues related to the rules of origin |
2012-03-14 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
Lack of recognition of CTH criteria in the EAC Rules of Origin for motor vehicles by Tanzania, Uganda and Rwanda |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States are now recognizing EAC rules of origin. This NTB is therefore resolved. |
|
|
NTB-000-456 |
1.1. Export subsidies
A83: Certification requirement |
2011-09-03 |
EAC |
Kenya |
Resolved
2014-12-11 |
View |
|
Complaint:
|
EAC Standards Bureaus have varying procedures for issuance of certification marks, inspection and testing. |
|
|
Resolution status note:
|
At the 16th NTBs forum held in Kigali in December 2014, EAC Secretariat reported that Partner States Regulatory Agencies are collaborating in clearance of goods and that there is now mutual recognition of certificates issued by Partner States Testing bodies. This NTB was therefore resolved. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations .
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated.
Botswana was given till March 2015 to complete this.
FESARTA advised that this NTB be considered resolved on the above basis.
Please remove the NTB. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on dimensions, Botswana had agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the above basis. |
|
|
NTB-000-609 |
7.1. Arbitrariness
Policy/Regulatory |
2013-11-05 |
Botswana: About 100 km North of Gaborone on the Gaborone- Francistown road |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
A transporter's truck was pulled over at the weigh bridge, about 100 km North of Gaborone, on the Francistown road, at about 3:00pm on the 3rd November 2013.
The weighbridge officials on duty at that time demanded a spot fine – payable immediately alleging that it did not meet the applicable dimensions. The reason for the fine was that the truck was over length – which it was not. The allowance is 22m and .30m for the bull-bar and spotlights. The total length of the vehicle was 22.26 m; 4cm under the allowed length. This truck passed the length inspection on this exact same spot in Botswana the week before.
The official, who did not want to give his name, said that he did not care what happened last time. The truck was over length and would not move until he was satisfied.
The official did not want to speak to the transporter's management and said it was between the official and the driver. They did not want to let the truck go before the unrecorded payment was made. They indicated they would keep it till Monday, when the driver would have the opportunity to pay the fine.
This is not the first time that Botswana officials have issued unrecorded fines for either over height, over length or over width vehicles.
Transport operators request the Botswana central government authorities to clamp down on officials that are unjustifiably harassing drivers and not facilitating the flow of goods along the corridors. |
|
|
Resolution status note:
|
Botswana focal point reported that the legal length of any vehicle combination as per the Botswana Road Traffic Act is 22m, which conforms to the requirements of the SADC Protocol on Transport and Metereology. There was no allowance in the Botswana regulations for inclusion of any other fitted devices to the vehicle since they are considered as part of the 22m. However the Botswana Ministry of Transport and Communication is in consultation with the relevant agencies on the matter of those vehicles which are more than 22m long. Botswana was in the process of reviewing the regulations.
On 24 November 2014, FESARTA reported that, following high-level discussions between SA and Botswana on vehicle dimensions, Botswana agreed that there won’t be prosecutions whilst the regulations were being updated. Botswana was given till March 2015 to complete the exercise.
FESARTA advised that this NTB be considered resolved on the basis of this development. |
|
|
NTB-000-626 |
8.6. Vehicle standards
Policy/Regulatory |
2014-02-28 |
Botswana: Martins Drift |
South Africa |
Resolved
2014-11-24 |
View |
|
Complaint:
|
Various incidents at both Martins Drift Border post and at Kazungula - Officials imposing Botswana height restrictions of 4.1 - on SA registered vehicles - agreement at 4.3? please advise |
|
|
Resolution status note:
|
Thanks Kelly. Please upload a copy.
Regards |
|
|
NTB-000-596 |
8.6. Vehicle standards
Policy/Regulatory |
2013-06-19 |
Mozambique: Dondo , Beira |
Malawi |
Resolved
2014-11-20 |
View |
|
Complaint:
|
Mozambique Police at Dondo, Beira have fined a Malawian truck belonging to ZAGAF Transport, truck number ZA8837/BN4273 because of the blue line on the colour of the trailer which is recorded as White in the blue book. White is the primary colour. The trailer has a small blue line and the police are demanding that this should be indicated in the blue book too. The blue book conforms to Malawi vehicle registration requirements where only the primary colour is indicated in the blue book. |
|
|
Resolution status note:
|
On 20th November 2014, Malawi focal point reported that Malawi transporters were no longer experiencing this problem in Mozambique. This NTB was therefore resolved. |
|
|
NTB-000-628 |
6.3. Special supplementary duties |
2014-03-01 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2014-09-23 |
View |
|
Complaint:
|
Malawi is currently applying a discriminatory excise duty regime that discriminates against imported cigarettes and foreign manufacturers of cigarettes. The Malawian government formally introduced the two-tier discriminatory cigarette excise regime on 3 June 2011. Currently, for imported cigarettes, a specific excise tax of US$ 30 per 1000 cigarettes is levied, compared to the excise rate of US$ 15 per 1000 cigarettes with more than 70% local content. This practice infringes the national treatment principle which requires that cigarettes, once they have crossed the border and entered the domestic market of Malawi, be taxed no less favourably than locally produced cigarettes. In this regard, and under its regional commitments, Malawi should not be allowed to discriminate against foreign made cigarettes by applying higher and discriminatory excise duties. |
|
|
Resolution status note:
|
On 13 November 2014, Focal Point Malawi reported that this NTB had been resolved (Customs and Excise (Tariffs) (Amendment) order 2014 ) and Malawi applies a uniform rate. Communication to COMESA Secretariat, currently coordinating the tripartite process, had since been sent and a report of the same was also submitted to the NTBs Focal Point meeting that was held in Nairobi, Kenya on 23 - 25 September, 2014.
uploaded for clarity. |
|
|
Products:
|
2402.20: Cigarettes, containing tobacco |
|
|
NTB-000-611 |
2.8. Lengthy and costly customs clearance procedures |
2013-11-15 |
Mozambique: Beira Port |
Malawi |
Resolved
2014-09-05 |
View |
|
Complaint:
|
We are the drivers of a Malawi transport company (name supplied) coming to carry clinker from Beira to Malawi. Were here at Beira port, on 15 November 2013 and we have got a problem of document processing since morning up to this period (1600hrs). Mozambique customs officials on duty (name supplied) are receiving unrecorded money from others therefore not attending to those who have not paid him. We re quest that the Mozambique authorities facilitate that our documents are processed without us having to pay un- recorded fees. |
|
|
Resolution status note:
|
On 5 September 2014, Mozambique focal point reported that Mozambique had increased surveillance activities therefore these kind of situations were under control . Mozambique had not received any similar complaints after surveillance started. This NTB is therefore resolved. |
|
|
NTB-000-562 |
8.1. Government Policy and regulations |
2012-12-10 |
Kenya: Throughout Kenya |
Kenya |
Resolved
2014-07-03 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
The Kenya National Highways Authority (KENHA) is enforcing the axle load limits, rather than the GCM limit for the vehicle combination.
This is seriously compromising the ability of the transporters in Kenya to operated effectively and the Kenya Transporters Association (KTA) has taken the matter to court.
Some comments by the KTA:
1. KENHA is implementing this axle load rule on an axle by axle case rather than group axles. We realize the official position is group axle because when our enraged members stormed the Mariakani weighbridge yesterday, they promptly switched to weighing on group axles and giving a 5% tolerance, a matter that had hitherto not happened.
2. Their axle weights are 8-16-24 rather than 8-18-24 as the case is said to be in Tanzania. To comply here means one can’t optimize on his load.
3. The Traffic Act in Kenya requires an offender in this case is taken to court, fined and then made to redistribute cargo so that each axle is in conformity before the truck can proceed. The complication arises when the cargo is containerized transit goods which cant be opened sice continer is sealed and opening is criminal!
4. Similar complications arise in the case of liquid cargo which moves rapidly even when truck is being weighed or “sandy” like cargo such as clinker and the like which shifts depending on road terrain/condition or upon braking.
5. Our members are now forced to load 22 to 24 tons of the above cargo instead of the normal 27 tons. Unfortunately the overheads do not come down at all and they are now left with no option but to raise their rates by a similar margin. The question is whether our corridor and hinterland can afford such excessive costs.
FESARTA has drawn up a proposal to solve the problem and it is attached to this complaint. |
|
|
Resolution status note:
|
On 03 July 2014 FESARTA Kenya was about to sign a Load Charter with its transporters, which covered this issue therefore the NTB should be considered resolved. |
|
|
NTB-000-580 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2013-04-17 |
Rwanda: Rusumo |
Rwanda |
Resolved
2014-07-02 |
View |
|
Complaint:
|
Lack of parking facilities at Rusumo Border Post is creating congestion and clearance delays. |
|
|
Resolution status note:
|
On 03 July 2014 FESARTA reported that there were initiatives to improve this border post and so the NTB is resolved. |
|
English
Français
