Resolved complaints

Showing items 501 to 520 of 855
Complaint number NTB Type
Category 1. Government participation in trade & restrictive practices tolerated by governments
Category 2. Customs and administrative entry procedures
Category 5. Specific limitations
Category 6. Charges on imports
Category 7. Other procedural problems
Category 8. Transport, Clearing and Forwarding
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Date of incident Location
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
NTB-000-442 7.8. Consular and Immigration Issues 2011-09-03 Kenya: Immigration Department Rwanda Resolved
2014-12-11
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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-000-438 1.1. Export subsidies
A9: SPS measures n.e.s.
2009-09-16 EAC Kenya Resolved
2016-06-30
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Complaint: Numerous institutions involved in testing goods in the EAC partner states.  
Resolution status note: There is collaboration among testing agencies  
NTB-000-437 8.8. Issues related to transit 2010-05-12 EAC Kenya Resolved
2015-09-24
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Complaint: Delays in transit bonds cancellation by EAC partner states  
Resolution status note: Now with the introduction of the Single Customs Territory using a single bond from the port up to final destination, the issue has been addressed.  
NTB-000-436 2.14. Other 2009-04-16 EAC Kenya Resolved
2014-12-11
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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
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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-000-434 2.3. Issues related to the rules of origin 2010-04-15 Madagascar: Customs Mauritius Resolved
2015-12-16
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Complaint: Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar  
Resolution status note: During the 27th COMESA TC Committee in August 2011, the COMESA Secretariat was directed to liaise with Madagascar to implement the Council decision taken at its 29th Meeting in Lusaka to provide justification for refusing the COMESA Certificate. Currently, Mopirove is exporting without difficulty . However an official decision is yet to be communicated to mauritius to avoid the risk that Madagascar Customs can refuse the COMESA Certificate of Origin from Mauritius  
Products: 3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products  
NTB-000-434 2.3. Issues related to the rules of origin 2010-04-15 Madagascar: Customs Mauritius Resolved
2015-12-16
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Complaint: Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar  
Resolution status note: The two parties agreed that the issue does not constitute an NTB because the soap exported by Mauritius to Madagascar enters duty free therefore its not a NTB. This matter is therefore resolved . Madagascar requested the Secretariat to organise . Mauritius confirmed that Exports are no longer subjects to verification on RoO.  
Products: 3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products  
NTB-000-434 2.3. Issues related to the rules of origin 2010-04-15 Madagascar: Customs Mauritius Resolved
2015-12-16
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Complaint: Madagascar does not confer originating status to Citron Plus soap manufactured by Mauritius and exported to Madagascar  
Resolution status note: During the COMESA NTBs Focal Points meeting held in August 2016, Madagascar and Mauritius informed the meeting that this NTB had been resolved in line with the decision of the 28th COMESA Council of Ministers  
Products: 3401.11: Soap and organic surface-active products and preparations, in the form of bars, cakes, moulded pieces or shapes, and paper, wadding, felt and nonwovens, impregnated, coated or covered with soap or detergent, for toilet use, incl. medicated products  
NTB-000-432 2.3. Issues related to the rules of origin 2010-09-01 Zimbabwe: Beitbridge Eswatini Resolved
2016-03-24
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Complaint: Zimbabwe Revenue Authority (ZIMRA) is charging duty on of fridges and freezers manufactured in Swaziland and exported into Zimbabwe under the FTA preferential trade regime querying the originating status.  
Resolution status note: On 24th March 2016, Zimbabwe Focl Point reported that a joint verification mission on the Palfridge case was carried out during the period 19 to 21 January 2016 in Swaziland between the Swaziland Revenue Authority (SRA) and the Zimbabwe Revenue Authority (ZIMRA). In attendance was the COMESA Secretariat and representatives from the Ministries responsible for Trade from the two countries. After deliberations and tests carried out SRA and ZIMRA agreed that he fridges and freezers are listed as goods of economic importance to Swaziland and should acquire a minimum value addition of 25% for them to qualify under COMESA preferential treatment. The freezers and fridges qualify as originating from Swaziland under COMESA as they acquired a minimum value addition of 25% should therefore be accorded preferential treatment when imported into Zimbabwe  
Products: 8418.50: Furniture "chests, cabinets, display counters, show-cases and the like" for storage and display, incorporating refrigerating or freezing equipment (excl. combined refrigerator-freezers with separate external doors, household refrigerators and freezers of  
NTB-000-431 2.3. Issues related to the rules of origin 2010-08-31 Tanzania: Namanga Kenya Resolved
2013-04-10
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Complaint: Tanzania is charging 25 percent duty on Kenya exports of self adhesive tapes despite the fact having EAC certificate of origin  
Resolution status note: 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 a verification mission to authenticate whether the products conform to the Rules of Origin was undertaken and the NTB had been resolved.  
Products: 3919.10: Self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, in rolls <= 20 cm wide  
NTB-000-430 2.3. Issues related to the rules of origin 2011-08-23 Tanzania: Lungalunga Kenya Resolved
2013-10-17
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Complaint: plastic bags doubted as to the rule of origin despite the existence of rule of origin certificate  
Resolution status note: At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment.  
NTB-000-428 2.3. Issues related to the rules of origin 2011-08-01 Tanzania: Mbeya Kenya Resolved
2013-10-17
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Complaint: EXPORT OF PLASTIC FROM KENYA TO TANZANIA ARE SUBJECTED TO 25% DUTY  
Resolution status note: At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, the EAC secretariat reported that a report of the verification mission was considered by the meeting of SCTIFI following which , letters were sent out to Partner States and revenue authorities informing them that plastic products are supposed to benefit from preferential treatment.  
Products: 3905.21: Vinyl acetate copolymers, in aqueous dispersion  
NTB-000-427 1.8. Import bans 2010-10-14 Zimbabwe: Kariba Zimbabwe Resolved
2012-04-26
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Complaint: RE: Importation of Day old Chicks  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Zimbabwe reported that banning of day old chicks was done to protect animals from diseases originating across the borders. This is therefore a NTM.  
NTB-000-426 1.8. Import bans 2011-07-01 Zimbabwe: Kariba Zimbabwe Resolved
2012-04-26
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Complaint: Ban on all Potatoes as Directed by the Ministry of Agriculture  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012, Zimbabwe reported that banning of potatoes was done to protect plants from pests originating across the borders. This is therefore a NTM.  
NTB-000-425 8.7. Costly Road user charges /fees
Policy/Regulatory
2011-07-21 Democratic Republic of the Congo: Kasumbalesa South Africa Resolved
2016-10-07
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Complaint: DRC transit charges are too exhorbitant. For example, a truck delivering to Tenke, will have to pay $340 + 750 + 125 + 125 = $1340 for one return trip.That is, providing the truck doesn’t wait more than one day at the Zambian border.
There have been many complaints about it, but little seems to be done. There are ongoing efforts by the RFA and other stakeholders to get the toll fees as low as possible yielded some positive resulted in a once off reduction of the fees which still are too high. Each trip through Kasumbalesa to Lubumbashi costs a staggering US$ 125.There is need for transparency and fair toll fees at regional level.
 
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-424 6.6. Border taxes 2011-07-04 Kenya: Malaba Uganda Resolved
2011-08-29
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Complaint: Effective July 2007 to date Kenya Plant Health Inspectorate Service (KEPHIS) imposed a Plant Import Permit (PIP) of KShs 500 on every truckload of Uganda tea in transit to Mombasa, reason that they have to issue a Phytosanitary certificate when Uganda tea is being exported. However at this time Uganda tea is already sold off. This practice is contrary to international practice where the Phytosanitary certificate is issued by a competent authority in the country of origin in this case Uganda. The above practice also many times delays Uganda tea at Malaba due to making receipts, verification and clearing hence late for listing at Mombasa auction therefore making it less competitive.  
Resolution status note: At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that:
1. Kenya does not issue plant import permit to goods in transit.
2. If tea is specifically declared as in transit, Malaba border verifies documentation and release without charging import permit. However if declared for local consumption, permit is invoked.
 
Products: 0902.30: Black fermented tea and partly fermented tea, whether or not flavoured, in immediate packings of <= 3 kg  
NTB-000-423 7.1. Arbitrariness 2011-07-12 Mozambique: Dondo Zimbabwe Resolved
2012-03-27
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Complaint: Zimbabwe transport hauliers companies continue to have problems with certain Mozambique authorities. Mozambique authorities (Police at Dondo) are not accepting certified copies of registration books on grounds that if the vehicle does get stolen there are no legal document to prove the vehicle belongs to transporting company. CVR amendments are also not accepted. It looks like the Police are unnecessary targeting Zimbabwe registered vehicles. They are being unreasonable with their fines which are imposed citing very minor faults on vehicles. The police at Dondo hassle the drivers and find no apparent reason to issue tickets.

Forbes border post is hassling drivers, especially the agriculture department. They say that an agriculture permit is required but the documents s gets checked in Beira, Dondo and Inchope. But when they get to the border they claim that this permit is required.
 
Resolution status note: In a consulative meeting held between SADC Secretariat and Focal Points on 19 September 2011 in Maputo, Mozambique reported that, according to existing laws, it is illegal to carry notarised documents. The SADC secretariat in liaison with reporting and imposing country, will facilitate further consultations on the matter if necessary.
2. With regards to agriculture documentation, Moambique reported that documentation is processed by the relevant departments and institutions at the border , therefore this issue does not arise and is considered resolved
 
NTB-000-422 8.7. Costly Road user charges /fees
Policy/Regulatory
2011-07-04 Zambia: Chirundu - Lusaka Highway Zimbabwe Resolved
2012-04-26
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Complaint: Zambia is enforcing a requirement under the CONSTRUCTION AND USE REGULATIONS OF THE ROADS AND ROAD TRAFFIC ACT CAP 464, SECTION 17 (2) OF THE SUBSIDIARY LEGISLATION imposing a fee of K180, 000 on all trucks using the Zambian roads without mud flaps , unless the truck or trailer is made in such a way that it can capture the mud, water and flying stones coming out of the wheels of the truck. This requirement is not imposed by all other countries on the transit routes. There needs to be understanding amongst member states that they be flexible with enforcement on foreign vehicles and accept those that have valid roadworthiness certificates from their countries of registration.  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012,Zambia clarified that the charge on trucks without mud flaps is applied on all vehicles, local and foreign and therefore not discriminatory. This is a legal requirement. It was resolved that this NTB be recorded under the schedule of ‘Resolved’ NTBs of policy and regulatory nature for further consideration  
Products: 1703.90: Beet molasses resulting from the extraction or refining of sugar  
NTB-000-421 7.8. Consular and Immigration Issues
Policy/Regulatory
2011-07-07 Zambia: Chirundu Zimbabwe Resolved
2013-04-13
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Complaint: A comercial truck driver's trip was rejected entry into Zambia ,the driver was rejected entry after the expected required number of days (90) allowed entry into Zambia had expired within a period of 12 months . The company was required to pay ZK 2 million for a three month permit. The fees are too exhobitant especially for small scale transport companies. Visa restriction on the movement of commercial vehicle drivers on duty have been experienced in Angola, Namibia, South Africa and Zambia.  
Resolution status note: Pursuant to the SADC transport Protocol signed by Heads of States on the 22nd August 1996 in Maseru, Lesotho and the Memorandum of Understanding (MoU) on Walvis Bay -Ndola-Lubumbashi Corridor signed in March 2010 in Livingstone, Zambia, Zambia directed all Regional Immigration Officers to issue one (01) year Transit Permit to all Foreign truck drivers. The Truck Drivers permit is issued in aacordance to section 32 ,Border Pass and Transit Permit of the Immigration Act of Zambia implememnted from 09 December 2011.  
Products: 1511.10: Crude palm oil  
NTB-000-419 2.8. Lengthy and costly customs clearance procedures 2011-04-20 Mozambique: Delegação Aduaneira de Machipanda (Road) Mozambique Resolved
2011-09-29
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Complaint: Perishable goods for export (cheese) are being held up for several hours despite documents having been pre-cleared, due to key staff (in this case the director) being absent from their posts  
Resolution status note: At the consultative meeting between SADC secretariat and Mozambique Focal p[oints, on 19 September 2011, Mozambique reported that the customs desk is always manned. In the absence of information on a specific case, this issue is considered resolved.  
Products: 0406.30: Processed cheese, not grated or powdered  
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