| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-843 |
2.3. Issues related to the rules of origin |
2018-09-12 |
Kenya: |
Tanzania |
Resolved
2018-11-16 |
View |
|
Complaint:
|
KRA does not give preferential treatment for Azam energy drink exported by bakressa company and has uplifted invoice from USD 3.97 to 5.04 for Azam drink juice products. KRA has uplifted the invoice per carton of Azam drink juice products of Azam Bakhresa Group. KRA restricted 2 trucks that carried 50 tons of Azam Energy Drink to enter Kenya from Tanzania. KRA restricted the trucks until they paid extra tax for each carton from USD 3.97 to USD 5.04. The uplifting of the invoice value happened after the customer had already paid all taxes for KRA by using value of USD 3.97. |
|
|
Resolution status note:
|
During the Meeting, URT reported that this NTB was not resolved. |
|
|
NTB-000-835 |
8.1. Government Policy and regulations
Policy/Regulatory |
2018-01-19 |
Tanzania: Namanga |
Kenya |
Resolved
2019-05-03 |
View |
|
Complaint:
|
KNCCI as a business membership organization, is in receipt of complaints that the chemical sector is being requested by the United Republic of Tanzania to:
1. Pay Tshs 90,000 equivalent to Kshs 4,500 annually for the Government Chemical Laboratory Transport Permit to allow them to transport their chemical products to their customers. The permit takes about 3 weeks for it to be approved
2. Register the companies in Tanzania and to use Tanzanian registered Vehicles instead of Kenyan registered vehicles to transport their products to the customers
The above is in addition to the import tax that the companies pay hence it is felt that these are additional costs being levied on the manufacturers/exporters |
|
|
Resolution status note:
|
anzania informed the Regional Monitoring Committee on 3rd May, 2019 that:
1. According to the EAC vehicle load Act 2016, the permit is mandatory and hence is not an NTB.
2. The permit is now issued immediatly and is online since 1st April, 2019 www.portal.gcla.go.tz; www.gcla.go.tz
3. Registration of the transporter is mandatory in Tanzania due to the sensitivity of the goods and public health. This is a regional and international requirement.
4. GCLA does not require other Partner States to use Tanzania registered vehicles when transporting chemicals into Tanzania. It is the Company that needs to be registered by GCLA.
The meeting agreed that all Partner States should sensitze their business community on the requirements for the transportation and handling of Chemicals in region in accordance with Regional and International Laws.
The NTB was resolved. |
|
|
NTB-000-508 |
8.7. Costly Road user charges /fees |
2012-03-14 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
Kenyan Trucks entering into Tanzania are charged a levy of US$ 200 each |
|
|
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 the $200 Charged on all Tracks entering Tanzania had been abolished abolished effectively from June 2012 and instructions had been sent to all posts to stop charging this levy. |
|
|
NTB-000-508 |
8.7. Costly Road user charges /fees |
2012-03-14 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-10-17 |
View |
|
Complaint:
|
Kenyan Trucks entering into Tanzania are charged a levy of US$ 200 each |
|
|
Resolution status note:
|
At the 12th Regional Forum on NTBs held from 14th – 17th, October 2013, at EAC Headquarters, Arusha, Tanzania, and United Republic of Tanzania reported that the USD 200 levy on Kenya trucks was abolished in June, 2012. |
|
|
NTB-000-152 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Kenyan customs often demand a customs insurance bond for transit goods that pass through Kenyan roads en route to Uganda , Rwanda, Burundi and DRC. |
|
|
Resolution status note:
|
Issue resolved through EAC |
|
|
NTB-001-085 |
1.4. Preference given to domestic bidders/suppliers |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Kenya's restriction of supplies to the Kenyan Electricity Supply Industry (ESI) to only Kenya originating cables and other ESI materials by Kenya (Public Bid Notice ) |
|
|
Resolution status note:
|
NOT New
This complaint was dropped as it it related to trade in services and not trade in goods. Hence it is not an NTB" |
|
|
NTB-000-700 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2015-07-24 |
Kenya: Ministry of EAC,
P.O. Box 8846-00200, NAIROBI.
Tel: +254 722475368 |
Uganda |
Resolved
2017-10-24 |
View |
|
Complaint:
|
Kenya was restricting Cable Corporation (Uganda) Ltd from its tendering processes for the supply of electric cable products |
|
|
Resolution status note:
|
Kenya confirmed that the tender contained a rider excluding participation by regional companies and that it was a once off event. Kenya acknowledged the mistake and undertook that it will not happen again therefore the NTB should be considered resolved. |
|
|
NTB-000-511 |
8.1. Government Policy and regulations |
2012-03-14 |
Tanzania: Ministry of Transport |
Kenya |
Resolved
2012-06-01 |
View |
|
Complaint:
|
Kenya tourist vans are not allowed to enter Tanzania. They are required to off load tourists to Tanzania registered vans. |
|
|
Resolution status note:
|
On 1 June 2012, Tanzania reported that, Tourist vans from Kenya are allowed to enter into Tanzania as foreign vans provided they have C32 formerly known as C36. A van carrying below 9 passengers are allowed free for 7 days. Van with 10 and above passengers are categorized as commercial vans and required as per Transit Act, 1995 to pay US$ 16 per axles in every 100 kms.
Tanzania advises Partner states to adhere to requirements for entry into another Partner State to avoid delays and inconveniences. Tourist vans should make sure they check all requirements and have fulfilled them before they set off for Tanzania. |
|
|
NTB-000-058 |
2.3. Issues related to the rules of origin |
2009-02-09 |
Eritrea: Eritrea Revenue Authority |
Kenya |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Kenya reported that the Government of Eritrea is rejecting the COMESA Certificate of origin on processed meat exports from the Farmers Choice in Kenya due to authenticity of Signatures. |
|
|
Resolution status note:
|
Eriteria reported that the issue was resolved by the COMESA customs and trade committee meeting |
|
|
Products:
|
2102.10: Active yeasts |
|
|
NTB-000-974 |
7.2. Discrimination
Policy/Regulatory |
2020-05-02 |
Kenya: |
Tanzania |
Resolved
2021-06-10 |
View |
|
Complaint:
|
Kenya recently enacted the Business Law (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 (the Excise Duty Act) by imposing excise duty on imported glass bottles (excluding glass bottles for packaging pharmaceutical products) at a rate of 25%, with effect from 18 March 2020. This amendment will result in an increase in the cost of imported glass bottles as compared to glass bottles which are locally manufactured in Kenya. |
|
|
Resolution status note:
|
TheRepublic of Kenya issued an administrative note to implement the Court injunction on the Kioo case and the NTB was resolved . |
|
|
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-000-360 |
7.9. Inadequate trade related infrastructure |
2010-02-10 |
Kenya: Ministry of Transport |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Kenya is not calibrating the weighbridges; therefore there is use of different weights. Leading to rampant Bribery activities taking place at the weigh bridges |
|
|
Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported the weighbridges have been automated such that weight is recorded online. |
|
|
NTB-000-770 |
7.4. Costly procedures |
2017-05-05 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance. |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November 2018, Tanzania reported that since the commencement of the SCT, goods are not verified at the border and hence there are no more delays. NTB was therefore resolved |
|
|
NTB-000-870 |
8.8. Issues related to transit |
2017-05-05 |
Tanzania: Namanga |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance. |
|
|
Resolution status note:
|
The NTB was resolved by the CoC. |
|
|
NTB-001-212 |
2.10. Inadequate or unreasonable customs procedures and charges |
2024-10-01 |
Uganda: URA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by URA. Where the institution refuses to recognize the weights of export documents of the sealed goods, C2 and road consignment notes. Uganda usually issues notice of seizure for mis appropriation of weight across items. Unfortunately, efforts to engage with border officials have not been fruitful because the officers demand for 100% verification for all the consignments every time at the cost of the manufacturer. This is regardless the products being fragile and without good equipment to offload and load. At times the items brake causing loses to paid products.
All shipments to Uganda are subjected to 100% verification by URA, This has huge cost implications and delay in delivery of the goods. Some of the products affected include ceramic products - Close Couple Toilet, Basin and Pedestal. |
|
|
Resolution status note:
|
The Senior Officials noted that it is a customs procedure to verify goods transferred and not an NTB. The meeting further emphasized the need for due consideration to be given considering the nature of the products which are fragile. |
|
|
NTB-001-211 |
2.13. Issues related to Pre-Shipment Inspections |
2024-10-01 |
Uganda: UNBS |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by UNBS. Where the institution refused to recognize PERMITS Issued by KEBS. Unfortunately, efforts to engage with border and Headquarters UNBS officials have not been fruitful because the manufacturer didn't receive any help insisting that Kenya manufacturers pay the destination Inspection fee despite products having standardization marks with harmonized standards.
UNBS demand that payments for destination must be done without any other documents issued by UNBS.
Additionally, it’s been a challenge getting sample receipts when UNBS pick samples for every consignment. Manufacturers would demand drivers to pay for lack of evidence of the huge samples taken by UNBS. Also clients receive less paid items due to samples collected by UNBS. This is unfair and has raised concerns to Kenya manufacturers and clients in Uganda.
Affected products include cosmetics products |
|
|
Resolution status note:
|
EAC has Harmonized Standards for Furniture, but they are not exhaustive. The trader was transferring types of furniture falling in a category where no harmonized standard exists. In such circumstances the goods might be subject to retesting.
The meeting hence noted that this was not an NTB but an operational challenge and should be referred to the Committee on Standards for consideration. |
|
|
NTB-000-504 |
2.6. Additional taxes and other charges |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2013-12-05 |
View |
|
Complaint:
|
Kenya has introduced Customs warehouse rent that starts after the release of cargo manifest. |
|
|
Resolution status note:
|
On 5 December 2013, Kenya focal point reported that this issue was resolved with the signing of Service Level Agreement between the Kenya Ports Authority and the Container Freight Stations. This ensures that there is no double or additional charges |
|
|
NTB-000-503 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2012-03-14 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2012-08-24 |
View |
|
Complaint:
|
Kenya has introduced Cash Bond on used clothes and shoes / other items considered of high value |
|
|
Resolution status note:
|
During the 7th EAC forum Kenya reported that the Cash Bonds on used shoes and clothes was been abolished as recommended by the Mombasa Ministerial meeting on NTBs in March 2012 |
|
|
NTB-000-779 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2017-10-02 |
View |
|
Complaint:
|
Kenya does not give preferential treatment for wheat flour from Tanzania. |
|
|
Resolution status note:
|
During the Bilateral meeting held in September between Kenya and Tanzania, Kenya reported that AZAM company was gazzeted for the duty remission to produce specific products. According to the evidence produced by Tanzania the Tanzania exporter was gazzeted on 14th July, 2017 but the denial of market access to their client in Kenya is said to have happened on 10th February, 2017 before the gazettement. This NTB was therefore resolved. |
|
|
NTB-000-036 |
4. Sanitary & phyto-sanitary (SPS) measures
A82: Testing requirement |
2004-05-21 |
Uganda: Uganda Bureau of Standards |
Kenya |
Resolved
2010-11-29 |
View |
|
Complaint:
|
Kenya complained that Ugandan authorities were requesting for samples of milk to Uganda Dairy Development Authority for testing and that they were not accepting the certificate of analysis from Kenya Bureau of Standards on Kenyan Products. |
|
|
Resolution status note:
|
Uganda reported that the Uganda Dairy Development Authority (DDA) has never denied entry of milk from Kenya except for a one-off incident that happened in 2007 where the denial of entry was attributed to the water content, about 27%, in the imported milk.
The Uganda DDA respects quality certification from the country of origin and does not subject that milk to fresh certification. Some companies however prefer to bring into Uganda samples for analysis but neither the Uganda National Bureau of Standards (UNBS) nor the Uganda (DDA) analyze items that have been analyzed by the Kenya Bureau of Standards( KEBS). They only monitor and consult with the sister bureaux of standards in the EAC Partner States. |
|
|
Products:
|
0402.10: Milk and cream in solid forms, of a fat content by weight of <= 1,5% |
|
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