| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-918 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-05 |
Kenya: Charges were applied by Nairobi City Council |
Rwanda |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Requirement to foreign exhibitors in Kenya to have a trading license to be able to display their products in the trade fair without which a fine of Ksh 1,000 per day is imposed to the exhibitor by the City Council. The incident occurred during the Nairobi International Trade Fair that took place at Jamhuri Park to 30th September to 6th October 2019 |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade Kenya reported that it was a one off issue and is committed that it will not happen again in other upcoming exhibitions. The meeting agreed that exhibitors should be informed not to accept any charges and should report to the relevant authorities in case it happens. Hence it was resolved. |
|
|
NTB-000-963 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2020-06-01 |
Kenya: At Taveta border post |
Rwanda |
Resolved
2020-09-10 |
View |
|
Complaint:
|
The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017 |
|
|
Resolution status note:
|
During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved. |
|
|
NTB-000-964 |
2.6. Additional taxes and other charges |
2020-06-01 |
Kenya: Nairobi ICD |
Rwanda |
Resolved
2020-11-24 |
View |
|
Complaint:
|
Introduction of the new verification/inspection tariff at Nairobi ICD (80 USD for 20 feet containers and 120 USD for 40 feet containers by Kenya Ports Authority (KPA) due to outsourcing of labor to conduct inspections and verification on behalf of KBS and KRA |
|
|
Resolution status note:
|
After investigations, Kenya confirm that;-
- The charges are in accordance to the existing KPA tariff applicable to both local and transit cargo where labour is required to provide verification/stripping and stuffing services.
- The verification charges are applicable to only those containers that have been targeted for verification by Customs/other Government cargo intervening Agencies and or on customers request
- Clients have the option of either using the outsourced service provider or seeking for an approval from Customs for their containers to be released under seal for destination verification at their warehouses.
-There are no charges for sight and release mode of verification
This NTB is therefore 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:
|
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 |
|
|
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.
|
|
|
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.
|
|
|
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-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-000-317 |
1.1. Export subsidies
A9: SPS measures n.e.s. |
2009-09-09 |
SADC |
Seychelles |
Resolved
2011-01-10 |
View |
|
Complaint:
|
The absence of a unified standards system in SADC results in traders having to seek two certificates, one at home and one in the importing country |
|
|
Resolution status note:
|
Botswana reported that there are no Regional Standards in SADC; however SADC is in the process of harmonising the regional standards. Botswana recognizes standards / certificates of other SADC Member States. |
|
|
NTB-000-324 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
|
Seychelles |
Resolved
2024-10-03 |
View |
|
Complaint:
|
Some businesses complained that SADC ports are unable to handle containers that exceed 6 metres (20 ft), which limits exporters in implementing the most cost-effective way of transporting their products |
|
|
Resolution status note:
|
It has been agreed between the SADC Secretariat and Seychelles that the NTB-000-324 should be marked as resolved. If the challenge still exists, it may be reported again as a new complaint, and Seychelles shall address it accordingly. |
|
|
NTB-000-323 |
2.12. Lack of capacity of Customs officers
Policy/Regulatory |
2009-09-09 |
SADC |
Seychelles |
Resolved
2011-01-10 |
View |
|
Complaint:
|
Lack of training of new customs recruits |
|
|
Resolution status note:
|
The Recs have embarked on capacity building for memberstates under the trade facilitation programme |
|
|
NTB-000-120 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Seychelles: Ministry of Trade |
Seychelles |
Resolved
2010-07-29 |
View |
|
Complaint:
|
The administrative procedures for issuing import licences require improved efficiency |
|
|
Resolution status note:
|
Seychelles reported that Infrastructural and human resources limitations being addressed |
|
|
NTB-000-122 |
2.7. International taxes and charges levied on imports and other tariff measures |
2009-07-26 |
Seychelles: Customs |
Seychelles |
Resolved
2011-06-03 |
View |
|
Complaint:
|
Seychelles has recently imposed a levy on imports of pork and poultry products into that country |
|
|
Resolution status note:
|
Seychelles reported that this is no longer the case |
|
|
NTB-000-321 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
SADC |
Seychelles |
Resolved
2011-06-03 |
View |
|
Complaint:
|
Innadequate air passenger links between Member states. |
|
|
Resolution status note:
|
Seychelles reported that she is in the process of liberalizing trade and expanding trade within COMESA, SADC and IOC in order to facilitate trade within the region and access to food imports |
|
|
NTB-000-118 |
1.3. State subsidies, procurement, trading, state ownership |
2009-07-26 |
Seychelles: Seychelles Marketing Board |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The State participates in trading through the Seychelles marketing Board. The State Trading Company has an unfair competitive advantage over private traders. |
|
|
Resolution status note:
|
Seychelles reported that SMB no longer in existence. Successor company STC privatised. |
|
|
NTB-000-119 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Seychelles: Other Seychelles |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lengthy clearing processes at the Seychelles ports. |
|
|
Resolution status note:
|
Seychelles reported that, with the Asycuda system the clearing process can take 24hrs, all transaction can be done on-line. Appointments were given to clear goods to facilitate work of custom officers and avoid congestion Need to confirm current situation |
|
|
NTB-000-314 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-09 |
Seychelles: Port Victoria |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
The clearing process is somewhat lengthy, and bureaucratic as appointments have to be made to clear goods |
|
|
Resolution status note:
|
Seychelles reported that with the Asycuda system the clearing process can take 24hrs, all transaction can be done on-line. Appointments were given to clear goods to facilitate work of custom officers and avoid congestion at the port as handling capacity are limited. Need to confirm current situation. |
|
|
NTB-000-315 |
2.4. Import licensing |
2009-09-09 |
Seychelles: Ministry of Trade |
Seychelles |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Administrative procedures for the import licensing system require improved efficiency |
|
|
Resolution status note:
|
Seychelles reported that import licences are not required for the vast majority of products |
|
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