| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-866 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Escorted trucks carrying Zambia brown sugar and white maize in transit to Rwanda are forced to pay to Tanzania Revenue Authority (TRA) Tunduma border station a sum of Tsh 960,000 to accompany trucks. |
|
|
Resolution status note:
|
Mtera route is the shortest to transit to Rwanda and the route was not yet gazetted. It was recommended to geo-map all the transit routes and gazette the Mtera route.
The Mtera route was later on gazetted vide Legal Notice No. 48 of 10th May, 2018. and hence the NTB reswolved. |
|
|
NTB-000-867 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Uganda: URA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and transfered into Uganda. |
|
|
Resolution status note:
|
Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
But then Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority started granting preferential Treatment. |
|
|
NTB-000-868 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Tanzania: TRA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process. |
|
|
Resolution status note:
|
The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The matter was resolved |
|
|
NTB-000-864 |
2.3. Issues related to the rules of origin |
2017-11-17 |
Uganda: URA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Juices products Kenya reported that the Juices are still charged 13% excise duty. |
|
|
Resolution status note:
|
The 45th meeting of SCTIFI was informed that the Uganda Law that was referring to EAC Partner States’ goods as imports; hence imposing an NTB was revised to remove the discriminatory section.
However, during the Sectoral Committee on Trade, Republic of Kenya indicated that despite the NTB being resolved, goods from Kenya are still being charged excise duty of 12% by Uganda while the Act provides for an excise duty of 10% and requested the Republic of Uganda to charge excise duty of 10%.
The Republic of Uganda informed the meeting that since the amendment of the Law Uganda is charging 10% and requested for evidence on the products that are charged 12% which Kenya committed to share accordingly. |
|
|
NTB-000-871 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Tanzania: Namanga |
Kenya |
Resolved
2017-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants |
|
|
Resolution status note:
|
During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved. |
|
|
NTB-000-872 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Seychelles: TRA |
Kenya |
Resolved
2018-05-16 |
View |
|
Complaint:
|
Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania. |
|
|
Resolution status note:
|
During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
Tanzania reported that the issue was resolved by the CoC. |
|
|
NTB-000-873 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Tanzania: TRA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania Denial of Preferential Tariff Treatment on Printed Labels exported from Kenya.
Tanzania does not offer Preferential Tariff Treatment on Printed Labels transfered from from Kenya.
|
|
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Resolution status note:
|
The issue happened in February, 2018. Tanzania indicated that there was an issue on RoO and required verification. Kenya reported that there was an error on one of the CoO and thus caused the doubt on the RoO. Tanzania has not initiated verification procedures to-date.The EAC Secretariat received communication from Kenya with evidence that Tanzania still charges duty. The issue was resolved during Committee on Customs. |
|
|
NTB-000-875 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Uganda: KRA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and exported into Uganda. |
|
|
Resolution status note:
|
Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
Kenya reported that it is not under duty remission scheme. Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority has started granting preferential Treatment. |
|
|
NTB-000-876 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Tanzania: TRA |
Kenya |
Resolved
2018-05-05 |
View |
|
Complaint:
|
It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process. |
|
|
Resolution status note:
|
The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The NTB was resolved. |
|
|
NTB-000-877 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Uganda: URA |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment for printed adhesive paper labels products and corrugated cartons manufactured in Kenya and exported to Uganda. |
|
|
Resolution status note:
|
The meeting was informed that Uganda provides preferential treatment.
NTB was resolved |
|
|
NTB-000-882 |
2.3. Issues related to the rules of origin |
2018-12-17 |
Tanzania: Namanga |
Tanzania |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Denial of preferntial treatment for products produced by Tanzania Breweries (TBL) Ltd.
Kenya is insisting that Tanzania produced Beer (Redds and Castle Lite) are manufactured in South Africa. |
|
|
Resolution status note:
|
During the Bilateral Meeting held on 23- 27 April, both parties agreed to undertake verification of the plants. Meanwhile, Kenya will accord preferential treatment to Tanzania beer . |
|
|
NTB-000-910 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-08-28 |
Rwanda: Rusumo |
Tanzania |
Resolved
2020-09-01 |
View |
|
Complaint:
|
The Rwanda Revenue Authority has denied preferential treatment on silk coat product from Tanzania. |
|
|
Resolution status note:
|
During the RMC meeting held on 1 September 2020, Rwanda reported that the preferential treatment is being granted for these goods. Hence the NTB is resolved.Tanzania to consult the company concerned and provide feedback. |
|
|
NTB-000-912 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-09-10 |
Burundi: Bujumbura Port |
Tanzania |
Resolved
2021-04-05 |
View |
|
Complaint:
|
Republic of Burundi has denied preferential treatment of MS -Plate (Iron sheet) produced by ALAF Company in Tanzania. |
|
|
Resolution status note:
|
During the NMC meeting, held in April 2021, the meeting was informed that the NTB was Resolved. |
|
|
NTB-000-919 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-09-24 |
Kenya: Namanga |
Tanzania |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of preferential treatment on Labels produced by TP Label limited. |
|
|
Resolution status note:
|
The Republic of Kenya informed the Sectoral Committee on Trade that she had issued a circular to stop the charges. However, the United Republic of Tanzania requested to be availed with a copy of the circular in order to resolve the NTB.During the RMC meeting held on 10 August 2020, Tanzania confirmed that the NTB was resolved |
|
|
NTB-000-924 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-01-14 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products. |
|
|
Resolution status note:
|
The regional Meeting held in February 2023 agreed that the NTB had been resolved |
|
|
NTB-000-939 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-10-16 |
Tanzania: Tanzania Revenue Authority at ICD Kenya |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
Denial of market access for Afribon products in Kenya manufactured raw materials for beverage manufactured using locally sourced fruits i.e. Mango beverage compound is produced using Ngowe mango, Tamarind beverage compound produced using Ukwaju, baobab beverage compound produced using mabuyu, orange beverage compound using orange pulp. All these are sourced from Kitui, Mombasa and some parts of rift valley markets and EAC.
The challenge they are facing is that the compounds exported are being subjected to 10% duty, 1.5% RDL levy |
|
|
Resolution status note:
|
During the RMC meeting held on 10 August 2020, Kenya informed the RMC meeting that the NTB was resolved |
|
|
Products:
|
3302.10: Mixtures of odoriferous substances and mixtures, incl. alcoholic solutions, with a basis of one or more of these substances, of a kind used in the food and drink industries; other preparations based on odoriferous substances, of a kind used for the manufa |
|
|
NTB-000-967 |
2.3. Issues related to the rules of origin |
2020-01-01 |
Uganda: Uganda Revenue Authority
|
Kenya |
Resolved
2020-11-24 |
View |
|
Complaint:
|
Uganda denial of preferential market access for wheelbarrow wheels wholly manufactured by Kenrub LTD transferred into Uganda.
The wheelbarrow wheels have been verified by KRA and issued with the certifiate of origin but Uganda do not accept.
URA has not communicated officially to the manufacturer/buyer or KRA on the reasons for denial of preferential treatment. |
|
|
Resolution status note:
|
On 24th November 2020, the Secretariat Focal Point reported that Kenya submitted a report that they are satisfied with progress made to resolve this NTB and hence this NTB has been resolved. |
|
|
Products:
|
4012.19: Retreaded pneumatic tyres, of rubber (excl. of a kind used on motor cars, station wagons, racing cars, buses, lorries and aircraft) |
|
|
NTB-000-980 |
2.3. Issues related to the rules of origin |
2019-11-30 |
Rwanda: Rwanda Revenue Authority |
Egypt |
Resolved
2021-03-14 |
View |
|
Complaint:
|
Rwanda Authorities didn't approve Comesa certificate of origin which is issued from Egypt as they are objecting that the product is not Egyptian production . We will be more than happy to invite the delegates from Rwanda to visit our factory & can do inspection to satisfy themselves. The exporting company provided all the required documents necessary to satisfy the criteria for issuing Comesa Certificate to Rwanda. As per the Rules of Egyptian Government for Comesa we have submitted all the necessary documents. Comesa Certificate No. (0092824) is attached. |
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|
Resolution status note:
|
RESOLVED during 1st Meeting of the COMESA Regional NTBs Forum held on 16- 17 March 2021 |
|
|
NTB-000-999 |
2.3. Issues related to the rules of origin |
2020-12-01 |
Uganda: Busia |
Kenya |
Resolved
2021-03-23 |
View |
|
Complaint:
|
Uganda denial of Market access on Fay Aluminium Foil and Fay Cling they have instead charged full CET to Kimfay Kenya manufactured products.
KRA conducted a verification visit to Kimfay premises as required under the EAC ROO 2015 to ascertain origin and certified in 2016. Since then the company has been exporting under EAC preferential Treatemnt until December 2020 where URA charged full CET and also charged infrastructure levy and excise duty despite the two products meeting the criteria for EAC rules of Origin 2015.
New imposed levies Fay Cling Film film Fay Aluminium Foil
Excise duty 10% 0
Infrastructure levy 1.50% 1.50%
Import duty 0 25%
Existing tax
VAT 18% 18
|
|
|
Resolution status note:
|
During the NMC it was noted that not all aluminium foil is denied preferential treatment in Uganda. The criteria cited to grant the Origin was contrary to Rule 6 of the EAC RoO 2015. Hence the denial of preferential treatment. KRA will take it up to engage the trader on the matter. Hence the issue is not an NTB and was RESOLVED |
|
|
Products:
|
7607.20.90: -- Other |
|
|
NTB-001-028 |
2.3. Issues related to the rules of origin |
2021-09-07 |
South Africa: SARS |
Mauritius |
Resolved
2026-02-12 |
View |
|
Complaint:
|
On 6 September 2021, the SADC Business Council convened an online Non Tariff Barrier Workshop with the private sector in Mauritius. In the meeting, participants indicated challenges in the application for SADC for export to South Africa. Mauritian exporters need to make a fresh application to customs each and every time they export to South Africa even if the manufacturing process remains the same and same materials are used. They need to resubmit all documents (raw material import documents, BOE, Stock movement statement etc) at each shipment. This is time consuming and complicates export procedures. It also put exporters at risk if they don’t get the certificate or it is delayed and the goods have already been produced.
Mauritian exporters request the region's policy makers to develop a longer certificate of origin that can be used repeatedly for similar shipments. And may be a yearly review/assessment by Customs for renewal |
|
|
Resolution status note:
|
The update received from the SA Focal Point indicated that SARS require regular Traders to apply for an Origin Determination that is available under Section 49(8) of the Customs and Excise Act No. 91 of 1964 as amended. This is a best practice that can be included in the Proposed Amendments to Annexe I, which has been long in the making. Therefore, this matter can be considered s resolved. |
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