| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
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. |
|
|
NTB-000-716 |
8.7. Costly Road user charges /fees |
2016-06-30 |
Kenya: Mombasa County |
Burundi |
Resolved
2017-10-24 |
View |
|
Complaint:
|
Mombasa Country charges transit trucks waiting to load cargo in the parking yard an amount of Ksh 500 per day. |
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|
Resolution status note:
|
The NTBs focal Point at the Secretariat reported that this NTB had been resolved by the Dedicated Session of Senior Officials /Permanent Secretaries meeting held in Kampala on how to resolve long standing outstanding NTBs |
|
|
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. |
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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 |
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|
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-000-836 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-26 |
Tanzania: Tanzania Dairy Board |
Rwanda |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.
Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).
This is a total ban since milk imported cannot compete with the local one. |
|
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Resolution status note:
|
URT reported to the regional meeting that TFDA does not exist, TBS and TMDA do not charge. Hence the issue of numerous charges is resolved. The Tanzania Dairy Board Charges have been revised from 2,000 to 1,000 through Government Notice number 478 of July 2022. The remaining charge is part of the ongoing process of harmonization of fees, levies, and charges. Hence the meeting agreed that the NTB is resolved. |
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|
NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
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Resolution status note:
|
Mozambique reported that the 15% duty is the applicable duty under her preferential tariff reductions offer to South Africa. Mozambique tariff reduction offer for RSA began in 2011 and goes up to 2015.
The goods in question, classified in HS code 02.10.20.00 is of class C1, according to Mozambique’s offer and the percentage of duties in 2011 is of 5% for the other SADC Member States, while for RSA it’s maintained at 15%. The application of zero (0) tax for 18 months was a result of miss interpretation of the Customs Tariff, a fact that was later corrected by the competent authority. Service Order nº 3, from January 11 from the Revenue Department established a 15% tax for class C1 goods coming from RSA and 5 % for products coming from other SADC Member States. |
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Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
|
|
NTB-000-395 |
2.2. Arbitrary customs classification |
2011-02-11 |
Mozambique: "FRIGO" customs clearing in Maputo |
Mozambique |
Resolved
2012-03-27 |
View |
|
Complaint:
|
Meat in brine imported from South Africa classified under tariff code 0210.20.00 being subjected to 15% import duty. We have been importing under tarrif code 0210.20.00 for 18 mnths without paying duty. Now a ruling was made on 11 February that duty of 15% is applicable.Mozambique customs does not agree with the tarrif code notwithstanding that this is the code accepted by South Africa as correct. |
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|
Resolution status note:
|
Mozambique confirmed that the duty applied on tariff cod 0210.20.00 is zero. Customs Authorities have rectified the problem and are not charging duty on the product. |
|
|
Products:
|
0210.20: Meat of bovine animals, salted, in brine, dried or smoked |
|
|
NTB-000-055 |
2.3. Issues related to the rules of origin |
2009-02-09 |
Madagascar: Customs Department |
Mauritius |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Mauritius reported that Madagascar has doubt on the originating status of sopa exported by Maniprove Company of Mauritius to Sarvonnerie Tropicale Company in Madagascar |
|
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Resolution status note:
|
Madagascar reported that elimination of this NTB is being done progressively |
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|
Products:
|
3401.20: Soap in the form of flakes, granules, powder, paste or in aqueous solution |
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NTB-000-153 |
1.1. Export subsidies
B41: TBT regulations on production processes |
2009-07-27 |
Mauritius: Ministry of Trade |
Tanzania |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Mauritius have refused to buy beer from Tanzania on TBT grounds |
|
|
Resolution status note:
|
Mauritius reported that this is no longer obtaining |
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NTB-000-102 |
1.2. Government monopoly in export/import
Policy/Regulatory |
2009-07-26 |
Mauritius: Ministry of Agriculture |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Mauritius has single marketing channel for agricultural products |
|
|
Resolution status note:
|
Mauritius reported that she is a net food importer and therefore state regulated agencies are necessary to coordinate food imports into that country for food security purposes |
|
|
NTB-000-831 |
3. Technical barriers to trade (TBT)
B82: Testing requirement |
2018-08-07 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-10-18 |
View |
|
Complaint:
|
Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar. |
|
|
Resolution status note:
|
During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved . |
|
|
Products:
|
1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13) |
|
|
NTB-000-141 |
5.3. Export taxes |
2009-07-27 |
Mauritius: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Mauritius charges an export tax on sugar |
|
|
Resolution status note:
|
Mauritius reported that taxes were eliminated in 2004 |
|
|
NTB-000-094 |
1.1. Export subsidies
B15: Authorization requirements for importers |
2009-07-26 |
South Africa: Ministry of Trade |
Mauritius |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Mauritian exports of canned Tuna are denied entry into South Africa because South Africa does not recognize Ministry of Fisheries in Mauritius as being the regulatory body even though product qualifies for EUR1 certificate and is exported to the EU |
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|
Resolution status note:
|
South Africa reported that all inspections are carried out according to the requirements of the compulsory specification for “The manufacture, production, processing and treatment of canned fish, canned marine molluscs and canned crustaceans”, and these inspections are non-discriminatory. Furthermore, rejections on products are not done by an individual but by a panel and it is important to note that FAI is accredited by SANAS to the requirements of ISO 17020 ( accreditation for inspection bodies) |
|
|
NTB-000-100 |
1.3. State subsidies, procurement, trading, state ownership |
2009-07-26 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi practices state trading for tea, basic commodities, and tobacco |
|
|
Resolution status note:
|
Malawi reported that the economy was liberalized in the late 1980s. Government only enforces regulation and legislation to facilitate smooth market operations. |
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|
NTB-001-189 |
1.8. Import bans |
2024-09-17 |
Malawi: Ministry of Trade & Industry |
Kenya |
Resolved
2025-03-10 |
View |
|
Complaint:
|
Malawi Ministry of Trade & Industry has introduced a new regulation for imports of sweets. Our customer applied for Import Permit 3 times and each time it was rejected. Our customer has tried every possible way however he has not managed. Malawi authorities are not giving the reason in writing. They have informed our customer verbaaly that because of the shortage of forex in Malawi, their superiors have informed them that they are not to issue the Import Permit for sweets. Also, there is a local manufacturer already making sweets so there is no reason to import.
This action has raised great concerns, as it contravenes the trade agreements under the Common Market for Eastern and Southern Africa (COMESA), to which both Kenya and Malawi are signatories.
We kindly request this issue be addressed promptly. |
|
|
Resolution status note:
|
The Ministry of Trade and Industry granted an import licence to Manosalwa Food Industry on 10th March, 2025, for 31500 Cartons of Assorted sweets (Happy Mint, Fruit Drops, Cool Cow and Lollipops).
The licence was granted according to the quantity that was applied for. |
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|
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. |
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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-000-138 |
5.1. Quantitative restrictions |
2009-07-27 |
South Africa: Ministry of Agriculture |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi imposes quantitative restrictions on Maize imports |
|
|
Resolution status note:
|
Malawi reported that there is no policy to restrict maize imports but this one was applied to suppliers who did not comply with the contractual obligations of maize imports |
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|
NTB-000-105 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2009-07-26 |
Malawi: Malawi Revenue Authority |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi imposed 20%surcharge on all imports of chicken and eggs. |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs, Malawi reported that they are still charging the 20% excise duty as indicated by the complainant. They indicated that this is in their regulation and there are no indications that the situation might change soon. South Africa pointed out that this is a NTB and Malawi should endeavour to remove it. SA also requested Malawi to upload the regulation on the NTB website as a comment to this complaint, and post the relevant regulation on the website under “notifications”. It was therefore resolved that this NTB be transferred to the section for Resolved NTBs of regulatory nature for further consideration since no action can be taken immediately. |
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|
NTB-000-140 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi controls quantities of imports of wheat products |
|
|
Resolution status note:
|
Malawi reported that there is no quantitative control of wheat products |
|
|
NTB-000-139 |
5.1. Quantitative restrictions |
2009-07-27 |
Malawi: Ministry of Trade |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Malawi controls quantities of imported wheat |
|
|
Resolution status note:
|
Malawi reported that there is no quantitative control of wheat |
|
|
NTB-000-116 |
8.7. Costly Road user charges /fees |
2009-07-26 |
Malawi: Ministry of Transport |
South Africa |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Malawi charges very high road leivies |
|
|
Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs,Malawi reported that it was difficult to get further information from the complainant as this was uploaded before the online system allowed complainants to provide their contact details. However, Malawi would consult with the Ministry of Transport to gather all the transport related charges and upload them on the NTB website, for transparency. It was resolved that this NTB could not be processed for now until such time South Africa provides adequate information on the complaint. In the meantime, the NTB would be considered resolved, until the agreed information is made available. South Africa requested that the NTB be transffered to the section for resolved NTBs of policy and regulatory nature since the regulations are in place in Malawi. |
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