| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-037 |
1.7. Discriminatory or flawed government procurement policies |
2018-03-01 |
Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES |
Kenya |
Resolved
2022-11-03 |
View |
|
Complaint:
|
Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.
Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.
URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
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Resolution status note:
|
During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme. |
|
|
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-000-799 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-01-08 |
Kenya: Namanga |
|
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania does not give preferential treatment to printed labels manufactured in Kenya by SKANEM LTD and exported into Tanzania. Entry No.TZNG18-1016642. Export suspended. |
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Resolution status note:
|
During the SCTIFI meeting held on 16 November2018, Tanzania and Kenya reported that the two Partner States had
identified and resolved the issues causing the NTB |
|
|
Products:
|
4821.90: Paper or paperboard labels of all kinds, non-printed |
|
|
NTB-000-812 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2017-11-17 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Delays in releasing trucks at Tunduma & Rusumo border post by Tanzania Revenue Authority (TRA) as a result of manual lodging of import documents |
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Resolution status note:
|
The NTB was resolved during the meeting of SCTIFI of 16th November,2018 |
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|
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. |
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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. |
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|
NTB-000-800 |
2.3. Issues related to the rules of origin |
2017-11-01 |
|
|
Resolved
2019-10-15 |
View |
|
Complaint:
|
Lack of preferential treatment to Cerelac product manufactured in Kenya and exported into Tanzania on the basis that Kenya via Legal Notice No.EAC/70/2017 was granted stay application of CET in respect to raw sugar.
EAC Legal Notice No.EAC/70/2017 granted Kenya duty remission on raw sugar not a stay. For a company to import, it has to follow due process of gazettement. So far no company has applied, no DRS application received and no company has been gazetted to import raw sugar.
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Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved. |
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|
NTB-000-810 |
8.7. Costly Road user charges /fees |
2017-10-02 |
Tanzania: Tunduma |
Rwanda |
Resolved
2018-10-31 |
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:
|
The Committee on Customs during its meeting in May noted that 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 gazetted vide Legal Notice No. 48 of 10th May, 2018. The Regional Forum on NTBs at its meeting in October, 2018 was informed that Trucks to Kigali are no longer required to have escorts.
The NTB was resolved. |
|
|
NTB-000-899 |
6.2. Administrative fees |
2017-07-28 |
Tanzania: TFDA |
Kenya |
Resolved
2019-08-14 |
View |
|
Complaint:
|
TFDA (Tanzania Foods & Drugs Authority) imposes a 1.5% fees on FOB value on all imports (food, drugs & cosmetics). This is badly hurting local and regional trade as well as local manufacturers. |
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Resolution status note:
|
The Extra Ordinary SCTIFI of August 2019 noted that since TFDA had been dissolved, there is no more fees paid to TFDA. Hence the NTB was resolved. |
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NTB-000-807 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Denial of preferential treatment on automotive products manufactured in Kenya by Toyota Tsusho East Africa Ltd. (TTEA) when exported to Tanzania i.e. for both Toyota Land cruiser 79 pickups and Hino trucks and buses. The products are being subjected to full CET duties. |
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Resolution status note:
|
During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Tanzania reported that she observed EAC RoO on Motor vehicles which grants preferential treatment for automotive products assembled in EAC Partner States. Kenya reported during the Forum that this issue was resolved. |
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|
NTB-000-808 |
2.3. Issues related to the rules of origin |
2017-06-01 |
|
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of preferential treatment of Edible Oil and products manufactured in Kenya by all edible oil manufacturers in Kenya when exported to Tanzania. The products are being subjected to full CET duties by Rwanda and Tanzania. |
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Resolution status note:
|
The SCTIFI in November, 2018 was informed that where the certificate of origin is queried, goods should not be stopped from moving but the custom administration should call for a bond as security of the goods until the verification exercise is complete.
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Separation of materials) of the EAC Rules of Origin.
Kenya reported that the NTB for Lubricants & edible oils has been resolved. |
|
|
NTB-000-757 |
2.8. Lengthy and costly customs clearance procedures |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-05-12 |
View |
|
Complaint:
|
Long lead time to confirm paid taxes; for exports into Tanzania once entries have been lodged and taxes paid, it takes 1 week for Tanzania Revenue Authority to confirm that taxes have been paid. The process of confirmation is supposed to take 1 day. |
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Resolution status note:
|
The 25th EAC NTBs Forum held from 9-12 May 2018,was informed that this matter had been resolved by the bilateral meeting between URT and Kenya. |
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|
NTB-000-758 |
6.5. Variable levies
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Tanzania Revenue Authority imposes a Weights and measures levy at 2% of the customs value for every export. The levy is not being picked on the customs entries as is the norm but on a different collection sheet raising questions on authenticity of the levy. |
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Resolution status note:
|
During the SCTIFI meeting held on 16 November 2018, Tanzania reported that this is a weight and measures levy that is paid by all including Tanzania exporters and hence it is not an NTB. The Meeting recommended that the levy should be harmonised across EAC Partner States. |
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|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
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Resolution status note:
|
During the Bilateral Meeting held on 27th April 2019, both Kenya and Tanzania, Tanzania reported that Cement transfered from Kenya is granted preferential treatment which was disputed by Kenya. The Tanzania Revenue Authority agreed to provide feedback in one week. The meeting was informed by the Secretariat that the NTB was resolved during the CoC meeting of April 2019. |
|
|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
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|
Resolution status note:
|
During the Regional meeting held on 16th October, 2019 it was agreed that the complaint that says, "Kenya further reported that, in addition, Tanzania has introduced another requirement whereby before Kenya export cement, Kenya manufacturers need to send a sample of cement to Tanzania Government chemist for sampling. This is causing delays and it's costly to test and to take samples to Tanzania. This is really frustrating cement from Kenya." should be deleted from the system as Kenya could not provide evidence on the same. |
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|
NTB-000-762 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania |
|
|
Resolution status note:
|
During SCTIFI meeting held on 16 November 2018, Kenya reported that stay of application ended on 30th June, 2018 and there was no extension for the same. The NTB was therefore resolved. |
|
|
NTB-000-764 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Bureau of Standards |
Kenya |
Resolved
2018-02-09 |
View |
|
Complaint:
|
Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards. |
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Resolution status note:
|
During the Extra Orinally SCTIFI that sat in February, 2018, Tanzania reported that they recognise quality marks on products from other EAC Partner States. Hence this NTB is resolved. |
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|
NTB-000-765 |
2.7. International taxes and charges levied on imports and other tariff measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Tanzania does not recognize price adjustments for duty purposes particularly the reduction by milk processors in Kenya. |
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Resolution status note:
|
During the Regional Monitoring Committee meeting of 2018, Tanzania reported that, this is not an NTB but a valuation issue that can be resolved between the revenue authority and the importer. KRA and TRA were therefore quested to hold a bilateral meeting to resolve the matter by 21st November 2018.2. The Regional meeting held from 29 April - 3 May 2019 referred the matter to the Committee on Customs for resolution. |
|
|
NTB-000-766 |
5.13. Other quantity control measures
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-04-27 |
View |
|
Complaint:
|
Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products. |
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Resolution status note:
|
During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved. |
|
|
NTB-000-772 |
1.14. Lack of coordination between government institutions
Policy/Regulatory |
2017-05-05 |
Tanzania: Ministry of Works, Transport & Communication |
Kenya |
Resolved
2018-01-17 |
View |
|
Complaint:
|
Tanzania are charging railway development levy (RDL) to Kenya products. Tanzania is not adhering to the EAC law where it states clearly that products within the EAC should not be subjected to RDL |
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Resolution status note:
|
During the Bilateral meeting that took place in January 2018, the Permanent/ principal Secretaries took note that Tanzania does not levy RDL on products originating in the EAC region. And hence the NTB was Resolved. |
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NTB-000-776 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2017-05-05 |
Tanzania: Ministry of Works, Transport & Communications |
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Tanzania still charges US$500 to Uganda trucks compared to US$152 charged on Rwanda trucks. |
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Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the experts' meeting met in March 2022 and gave recommendations to be considered by TCM.The Sectoral Committee on Trade was informed that the two Partner States had a bilateral meeting and agreed to charge Uganda tracks 10 USD charged per 100 Kilometers. Hence the NTB is resolved |
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