Resolved complaints

Showing items 541 to 560 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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COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
NTB-001-220 2.3. Issues related to the rules of origin 2024-07-01 Uganda: Uganda Revenue Authorities Kenya Resolved
2025-05-30 		View
Complaint: Certificate of Origin Declined (Issues of RoO)
Uganda has declined to recognize the Certificate of Origin for chewing gum manufactured by Kenafric Industries transferred to M/S Glorre International Limited on concern that the manufacturing process does not exceed the provisions in Rule 7 of the EAC Rules of Origin, 2015. Kenya NMC suggests that the process involves the use of machinery and technical expertise. Therefore, the process of manufacturing chewing gum exceeds the provisions under Rule 7 of the EAC rules of origin. 		 
Resolution status note: The 38th RMC was informed by the Republic of Kenya that the NTB was resolved  
NTB-000-290 8.8. Issues related to transit 2009-09-08 Namibia: Namibia Revenue Authority South Africa Resolved
2010-11-22 		View
Complaint: Namibia requires provisional payments for all transit cargo through Namibia.  
Resolution status note: Namibia reported that the provisional payment is required to secure duties and taxes of the goods in transit that can be refunded upon submission of export documents by the exporter.  
NTB-000-437 8.8. Issues related to transit 2010-05-12 EAC Kenya Resolved
2015-09-24 		View
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-000-448 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-000-453 8.8. Issues related to transit 2011-09-03 Tanzania: Ministry of Transport Burundi Resolved
2012-04-26 		View
Complaint: No movements of Cargo Trucks beyond 6:00 pm within Tanzania. This affects trucks from Rwanda, Burundi & Uganda  
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, Burundi agreed that this NTB be resolved on the basis that Tanzania was modernising the tracking equipment so as to have electronic devices that can be monitored electronically along the transport corridor to the final destination. This provision allows Tanzania Revenue Authprity to make the necessary timely interventions. Burundi and Tanzania have signed a joint MoU in joint patrol and were provided equipment to maintain security along the affected areas. However Tanzania wouldl notify Burundi on the operationalization of the Electronic Cargo Tracking System (ECTS).  
NTB-000-454 8.8. Issues related to transit 2011-09-03 Tanzania: Central Corridoor,Tanzania Uganda Resolved
2012-04-26 		View
Complaint: TRA has introduced check points in the Central Corridor with timeframes and imposed charges for the delays to reach the destinations  
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, Tanzania reported that the time frame of clearance of Transit goods from the point of entry to the point of exit had been used as control measure to ensure that there was no divergence of transit goods into local markets. In the Central corridor there are 3 check points that is Missugusugu, Dumila and Isaka.
From all these check points it takes 5 days to across border. In the southern corridor there are also 3 check points and it takes about 3 days to cross borders. Tanzania launched Electronic cargo Tracking System (ECTS) on 12th March, 2012 which was expected to commence operations in June, 2012. With ECTS there will be no need for Time frame as the goods would be monitored electronically. The legal document was given to Rwanda 		 
NTB-000-455 8.8. Issues related to transit 2011-09-03 Kenya: Central Corridor Rwanda Resolved
2011-09-19 		View
Complaint: Varying application of axle load specifications by Kenya. Kenya demands that trucks should noit weigh more than 48Tonnes axle load whereas other partner states allow 56tons.  
Resolution status note: The 6th EAC Regional Forum on Non tariff barriers held from 12-13 March 2012, adopted recoomendation from the meetin of EAC permanent secretaries of the sectoral Council of transport , communications and metrology held in Nairobi on 16-19 August 2011 that a meeting of experts be convined by EAC secretariat to develop supportive legal, institutional and operative framework for approval by the council in 2012. This NTB is therefore considered resolved by the regional forum.  
NTB-000-455 8.8. Issues related to transit 2011-09-03 Kenya: Central Corridor Rwanda Resolved
2011-09-19 		View
Complaint: Varying application of axle load specifications by Kenya. Kenya demands that trucks should noit weigh more than 48Tonnes axle load whereas other partner states allow 56tons.  
Resolution status note: The axle load was agreed at 56 tons in the recent past and could possibly be a case where a hiccup arises due to lack of information by the implementing agency. When we have such cases of varying application of axle load specifications by Kenya along the Northern Corridor (Weighbridge), then it is useful to specify the weighbridge and give necessary details for us to follow and address the complain . However, the issue of varying application of axle load specifications should no longer occur because the region has adopted a uniform applicable axle load of 56 Tonnes  
NTB-000-500 8.8. Issues related to transit 2012-03-14 Tanzania: Along MAjor highways Rwanda Resolved
2015-11-30 		View
Complaint: Weighing of empty trucks in Tanzania  
Resolution status note: Tanzania introduced weighing in motion  
NTB-000-519 8.8. Issues related to transit 2012-06-20 Tanzania: Dar-es-Salaam Port Burundi Resolved
2013-10-17 		View
Complaint: Payment of double handling charges at the ICDs and at the Dar es Salaam port.  
Resolution status note: At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, United Republic of Tanzania (URT) reported that the ICD charges are part of port charges and are therefore not additional charges. The only additional charges are on demurrage. However, Burundi requested to re-submit documentation supporting their submission through the EAC Secretariat. In the meantime, URT to investigate further and revert at the next EAC Regional Forum on NTBs in September, 2013. The meeting agreed to resolve this NTB on the basis of URT submission.  
NTB-000-518 8.8. Issues related to transit 2012-07-09 South Africa: Durban sea Port South Africa Resolved
2016-10-07 		View
Complaint: This complaint is registered by FESARTA.
The South African Cross-Border Road Transport Agency is wanting to fine trucks for not having road transport permits for the complete trip from Durban to the DRC.
In terms of the bi-lateral transport agreement between Zimbabwe and South Africa, Zimbabwe had issued a permit to a transporter for the Durban-Zimbabwe leg of the trip.
Zimbabwe could not issue a bi-lateral permit all the way to DRC because there is no bi-lateral transport agreement between Zimbabwe and DRC.
Both Zimbabwe and DRC are members of COMESA and therefore Zimbabwe was able to issue a COMESA PTA Carriers Licence to the transporter, to operate between Zimbabwe and the DRC.
Thus, effectively, the transporter had permits to cover the complete trip from Durban to DRC.
The fact that neither the CBRTA nor Zimbabwe could issue a single permit for the full trip, was not the fault of the transporter.
The CBRTA should be facilitating trade between the three countries and not be trying to find any opportunity to fine transporters. 		 
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-532 8.8. Issues related to transit 2012-09-10 Mozambique: Along the Tete to Calomue/Dedza route, on the North-South Corridor Mozambique Resolved
2012-12-18 		View
Complaint: This complaint is registered by FESARTA.
Drivers of trucks that transport fertilizer from Beira to Malawi, are being attacked and killed along the Tete to Calomue route. Then the loads are being taken through the Calomue/Dedza border into Malawi, and sold there. The trucks are then abandoned. Drivers bodies are found by the side of the road days later. The Mozambique transporters are demanding urgent talks with the Sofala Governor, and commander chief of police, to enforce the patrol on the Beira corridor and find the killers.
It has happened three times:
• A Malawian fuel truck was hijacked and the driver and passenger killed a month ago
• Two weeks later, a truck loaded with fertilizer to Malawi, driver killed and load taken to the Malawi border, sold there and truck taken back to Tete bridge and abandoned
• Last week another truck with fertilizer was hijacked, driver killed and load taken to uncertain place
Satellite tracking has shown that the trucks are hijacked at Angonia village, not far from the Malawi border.
This most serious situation has to be dealt with urgently. 		 
Resolution status note: On 17 Decemebr 2012, Mozambique Focal point reported that the Tax Authority of Mozambique did their due diligence in the central part, which resulted in the arrest of two culprits by the Police Authorities in Tete-Calomué-Dedza region. A detailed report from Mozambique Police authorities is given below :

1. The two arrested culprits (Names provided) have been brought before the courts and are responding criminally for their offences in the Courts of the city of Chimoio and Bárue respectively.

2. Investigations carried out by Mozambique Police found that the drivers themselves have created favorable environment for the Commission of such acts, by collaborating with culprits who generally were selling fuel siphoned from vehicles or tanks, and because these businesses cannot be performed often in villages, drivers ended up giving a ride to these people some of whom are criminals to places that they felt safer and then committed the crimes such crimes as charged.
3. Mozambique is therefore urging member states to adhere to regional transit agreements under the COMESA-EAC-SADC, and also urge the institutions or companies that exploit Mozambique highways to instruct their drivers not to collaborate with the criminals on the roads and not get involved in swindling their employers through selling fuel to street vendors on highways where they end up risking their own lives. 		 
NTB-000-561 8.8. Issues related to transit 2012-10-24 South Africa: On the main transport routes in Gauteng, South Africa Zimbabwe Resolved
2013-04-10 		View
Complaint: This complaint is registered by FESARTA.
The managing director of Cross Country Containers in Zimbabwe, has reported that there had been four incidences of hijacking his vehicles in the Gauteng area.
The first was in October 2011, the second in June 2012, the third in September 2012 and the fourth in October 2012.
All the vehicles hijacked, were carrying copper, from the copper mines in Zambia.
A meeting was held between the road transport industry and the SAPS Hawks, in Pretoria, on the 24th October 2012.
A report of the meeting is attached.
These hijackings have had such a negative impact on Cross Country Containers, that it has stopped operating into South Africa.
The road transport industry, under the guidance of FESARTA, is to send a proposal on the way forward, to the Hawks. 		 
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 in Lusaka Zambia, South Africa requeted that this NTB be removed from the online system on grounds that it was security issue. The meeting agreed that this be categorised as ' Non Actionable'.  
NTB-000-561 8.8. Issues related to transit 2012-10-24 South Africa: On the main transport routes in Gauteng, South Africa Zimbabwe Resolved
2013-04-10 		View
Complaint: This complaint is registered by FESARTA.
The managing director of Cross Country Containers in Zimbabwe, has reported that there had been four incidences of hijacking his vehicles in the Gauteng area.
The first was in October 2011, the second in June 2012, the third in September 2012 and the fourth in October 2012.
All the vehicles hijacked, were carrying copper, from the copper mines in Zambia.
A meeting was held between the road transport industry and the SAPS Hawks, in Pretoria, on the 24th October 2012.
A report of the meeting is attached.
These hijackings have had such a negative impact on Cross Country Containers, that it has stopped operating into South Africa.
The road transport industry, under the guidance of FESARTA, is to send a proposal on the way forward, to the Hawks. 		 
Resolution status note: At the Tripartite NTB SMS Launch meeting held on 9-10 April 2013, in Lusaka, Zambia, South Africa and Zimbabwe reported that this was a security issue that was being attended to by the relevant authorities.  
NTB-000-585 8.8. Issues related to transit
Policy/Regulatory 		2013-04-29 Mozambique: Delegação Aduaneira de Zobwe Malawi Resolved
2013-09-11 		View
Complaint: New transit procedures are causing a lot of delays in the clearance of transit cargo through Mozambique Ports. According to the new transit procedures, Malawian transporters /clearing agents are requested to make cash deposits bond requirements to the Mozambican customs at the borders or prior to transit clearance at the Port of discharge to Malawi and other neighbouring countries like Zimbabwe, Zambia, among others. According to Mozambique, the requirement is made because transit goods end up disappearing within Mozambique and their Government lose a lot of revenue. In addition to that, customs clearing and Forwarding Agents need to undergo re-registration formalities.

The major problem about these issues is that most Malawian businesses were not aware and there is a crisis at the borders with a lot of Malawian trucks that cannot clear. Even on the part of Mozambican customs they are also learning the new system. 		 
Resolution status note: On 11th September 2013, Mozambique Focal Point reported that the alleged NTB´s related to the transit procedures in Mozambique, were removed, through the approval of Ministerial Diploma nº 116/2013 of 8th of August, which approves the Norms and Specific Principles to be taken into account in the implementation of Customs Transit of Goods. This Ministerial Diploma repeals the Ministerial Diploma nº 307/2012, of 15 of November.

Pursuance to reaching a common understanding on this matter, FCFASA members in Malawi reported that CAFAAM Executive Committee Members together with Malawi Revenue Authority, Ministry of Trade and Ministry of Transport and Executives from Malawi, travelled to Cuchamano and Nyamapanda to appreciate the various challenges (delays, costs, etc.) which came about as a result of the new transit procedures introduced in Mozambique in April 2013. The delegation met with Mozambique customs , Beira , Port authorities and had an opportunity to interact with Mozambican Clearing and Forwarding Agents and some Malawian drivers during the launch of the Diploma nº 116/2013 of 8th of August.

The delegation reported:-
1. It was agreed that the new Transit Bond Procedures in Mozambique are in line with international practice and appreciated the fact that in the absence of these procedures, a lot of traders were smuggling goods into Mozambique under the guise of “transit cargo”.
2. Mozambican Clearing agents had been given adequate notice to put in place the required bond guarantees although they were not ready by implementation date.
3. The general consensus was that the conditions (e.g. the required collateral) set up by banks, insurance companies and the authorities themselves for setting up the transit bond guarantees were too tough to be met by transporters and forwarding agents.
4. To this end, the Mozambican Government’s had exempted some products (tobacco, tea, sugar, cotton, etc.) from monetary bonding and reduced bond values from 100% on containerized cargo to 20% or 35% on break-bulk cargo. This measure would reduce pressure on the available bond levels for other cargo not exempted.
5. That there was need to license more “Despachantes” to speed up clearance procedures or alternatively, allow forwarding agents to be doing own customs clearing of cargo which they are moving.
6. There was need for Station Managers at the various borders to be taking stock of trucks available at the borders every day and talk to drivers who have stayed at the border for more than a day to encourage them to proceed with their journey so as to minimise the prevalent corrupt practices by some customs officers, guards, clearing agent.
7. A proposal to set up a “Help Desk” at the borders to achieve transparency and quarterly meetings between the various players at senior level.
8. Joint border training sessions between customs and other authorities and clearing & forwarding agents to be enhanced.
9.That various customs authorities establish a deliberate policy for Accrediting Clearing agents based on an exhaustive Risk assessment of each one of the agents and track record in order to “smoke out” fraudulent clearing and forwarding agents who cheat importers or assist them with smuggling practices,.

10. That Mozambican authorities should endeavor to translate and display the various rules and regulations into English to enable none Portuguese speaking people to understand the applicable regulations.
11.Mozambique customs advised that:
a. Clearing Agent need to quickly do a Supplementary Entry if there are any changes to a declaration (e.g. amending border of exit, amending values or quantity of goods, etc.) to avoid truck delays at the border or bond acquittals being blocked.
b. Once CORRECT documents are lodged and payment effected, their processing time is up to 3 hours only.
c. They would as far as possible, be rotating their staff to avoid corruption if they familiarize themselves too much to one border station. 		 
NTB-000-594 8.8. Issues related to transit 2013-05-21 Zambia: Chirundu South Africa Resolved
2013-09-13 		View
Complaint: Zambian Police are holding South African CRBTA Permits as security until fines are paid.  
Resolution status note: On 11th July 2013, Zambia focal point reported that, when truck drivers both local and international are found with a case, they are fined and normally asked to pay the fine. However, the drivers give an excuse that they have no money to pay. The Police at that particular check point would then use their initiative of asking for surety from that driver to ensure that the driver pays on his way back. However, since the practice is not covered by law, the officers were sensitized on the issue and have stopped the practice.
On 25 September 2013, South Africa focal point confirmed that the complainant had been consulted and he confirmed that the practice by Zambian police had been stopped. The complaint can therefore be moved to 'resolved complaints’. 		 
NTB-000-601 8.8. Issues related to transit 2013-07-12 Kenya: All Transit Entry Points into Keny Uganda Resolved
2015-12-21 		View
Complaint: Kenya Ministry of Agriculture Animal Industry and Fisheries, State Department for Livestock, Directorate of Veterinary Services, has introduced a new requirement under notice SOPS for Transit Inspection (1), for Hides and Skins consignments in transit through Kenya issued on 12th July 2013, that:
1. Transit goods are for all intent and purposes Imports
2. That transit cargo be subject to physical inspection by an inspector
3. Exporters transiting through Kenya to possess Import permits from the countries of destination
4. Exporters to poses Transit Permits
5. Payment of Transit fees
The requirement is to be effective on 21st July 2013.
Accordingly, this is a new NTBs imposed by the Kenyan Government on Ugandan goods transiting through Kenya. This new requirement is affecting 8 Ugandan companies in the business of exporting hides and skins that transit through Kenya. The measure will increase the cost of doing business because companies will require acquire transit permits for a fee, and delays related to physical inspection. More over the companies have been given a very short time (8 days including weekends) to comply with the new measure.
The Government of Republic of Uganda is of a strong view that this requirement be removed due to reasons above and contravenes the EAC Integration process through the Protocols signed so far. It is also erroneous to refer to transit goods as Imports as is done in the same notice. 		 
Resolution status note: On 21st December 2015, Uganda Focal Point reported that the NTB was resolved by Kenya. The Requirement is no longer applicable  
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-000-605 8.8. Issues related to transit 2013-10-03 Democratic Republic of the Congo: Kasumbalesa COMESA Resolved
2016-08-24 		View
Complaint: This complaint is registered by FESARTA.
The unstable situation at the Kasumbalesa border post between Zambia and the DRC, is causing serious delays on the North-South corridor.
Over the past 6 months, lawlessness on the DRC side of the border, is leading to drivers foreign to DRC being harassed and, on some occasions, being attacked. Police have been unnecessarily harassing drivers for speeding, unroadworthy vehicles and incorrect documentation. The lack of security has resulted in two drivers being shot and wounded; the latest being Patrick Murifi, 31, a Zimbabwean truck driver.
This has caused drivers preparing to enter DRC from the South, to become agitated and, on two occasions, go on strike and effectively close the border to heavy vehicle traffic.
Copperbelt Police chief Joyce Kasosa has confirmed in an interview recently, that calm has been restored but trucks are still not crossing into and from DRC because the drivers want to be addressed and assured of their security while in that country.
It is clear that the situation is volatile and likely to erupt into violence at any time, for the slightest reason.
This situation is not conducive to intra-regional trade and unacceptable to the road transport industry.
A deputation from DRC yesterday to the drivers on the Zambian side, has convinced the drivers to start moving again.
However, the drivers have warned that if there should be further occurrences of the problem, they will blockade the border for 3 weeks.
SADC and COMESA are requested to intervene and call on the government of the Katanga province to take control of the situation and provide a stable environment conducive to intra-regional trade. 		 
Resolution status note: During the 5th Meeting of the COMESA NTBs Focal Points held in Nairobi from 23-25 August 2016, DRC reported that the matter had been resolved following consultations with COMESA Secretariat and other interested parties .  
NTB-000-632 8.8. Issues related to transit 2014-05-23 South Africa: Lebombo South Africa Resolved
2016-09-13 		View
Complaint: This complaint is registered by FESARTA.
Copper Moon Trading, the company that is running the Lebombo dry port at Komatipoort, near the Lebombo/Ressano Garcia border post, is forcing transporters to use and pay for its parking facilities in Komatipoort.
This instruction is supported by the Komatipoort municipality.
Attached are invoices for this parking and a "ticket" for a truck not parking in the identified facility.
As with the situation at the Tunduma/Nakonde border post between Tanzania and Zambia, private companies, supported by the municipalities, cannot force transporters to use their parking facilities.
Transporters' vehicles are required to visit the SARS customs clearing offices at the Lebombo dry port and so parking should be provided for them, free of charge, by SARS.
If parking is not provided, then trucks must be allowed to park along the roadway. 		 
Resolution status note: On 13th September 2016, FESARTA advised that the transporters were no longer facing this barrier so the NTB is resolved.  
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