Resolved complaints

Showing items 41 to 60 of 678
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
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Status Actions
NTB-000-798 8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) 2018-01-25 Zimbabwe: Forbes Zambia Resolved
2018-02-09
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Complaint: Due to the topographic nature of the Forbes Border Post, trucks cannot be parked and cleared at the Border as it would create congestion. The trucks are allowed to proceed out of the Valley where the border is situated and must park in Customs Approved Yards in Mutare. Dry Cargo (Flat Decks) have a Dry Port Yard whilst Petroleum Tankers must park at the RMS Yard (Railway Maintenance Yard Customs created the yards to enable them to clear the loads.

1. Transporters are charged a fee to park in these RMS yards. This is an unnecessary charge and there is no evidence that the funds are used for the upkeep of the yard.

2. Despite the fact that this yard houses Dangerous Goods there is limited access control at a rickety gate. The perimeter is not suitably fenced. The view of the tankers is blocked from the main road by strategically placed defunct railway wagons. There is no access control and the yard is surrounded by a maze of tunnels and hedges where trade in stolen fuel is conducted. Third Party vehicles are allowed access to the yard and unfortunately siphoning from side tanks is evident. Given the lack of security staff, fencing and lighting, the situation worsens at nightfall. Recently truckers have been plagued by theft of items from trucks eg batteries from the trucks.

3. There are no facilities for the drivers. The congestion at Forbes is already well documented due to the failing Ascudya system and inefficiencies in the Customs Sealing process and drivers are stuck a minimum of 48 hours in this yard. There are no ablutions and limited access to running water. It is an inappropriate holding yard where a driver cannot rest before leaving on the next leg of his journey. When it rains, the area becomes a muddy morass
There are several truck yards in the area that are well equipped and offer the drivers clean facilities. Customs are requested to not charge for the RMS yard, clean it up and offer the appropriate security and facilities, or allow vehicles to park in other yards.

Transporters have brought this situation to the authorities before but to no avail. Its seems there are vested interests in keeping valuable cargo parked in this insecure area. Drivers are spending too long in filthy and dangerous conditions while being charged for a service that forms part of Customs responsibilities.
 
Resolution status note: On 9 Beruary 2018, Zimbabwe Revenue Authority advised that Vehicles with uncleared goods are sent to park at a Depot licenced and bonded to keep goods before Customs clearance. This is a privately owned premises which does not belong to Customs and therefore the owner charges for accommodating the trucks.
2. The concerns raised for RMS have since been addressed. Tankers are as from 7.2.18 being parked at a new premises (truck yard) while awaiting finalization of clearance process. The new premises has a perimeter fence, ablution facilities, showers and CCTVs
 
NTB-000-835 8.1. Government Policy and regulations
Policy/Regulatory
2018-01-19 Tanzania: Namanga Kenya Resolved
2019-05-03
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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
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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.  
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-000-839 2.3. Issues related to the rules of origin 2018-01-04 Uganda: Busia Kenya Resolved
2018-11-16
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Complaint: LACK OF PREFERENTIAL TREATMENT ON CONFECTIONERY PRODUCTS FROM KENYA BY UGANDA  
Resolution status note: A verification was done and Uganda implemented the recommendations of the verification mission.  
NTB-000-812 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2017-11-17 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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Complaint: Delays in releasing trucks at Tunduma & Rusumo border post by Tanzania Revenue Authority (TRA) as a result of manual lodging of import documents  
Resolution status note: The NTB was resolved during the meeting of SCTIFI of 16th November,2018  
NTB-000-813 4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons
Policy/Regulatory
2017-11-17 Uganda: Ministry responsible for Agriculture Kenya Resolved
2018-05-12
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Complaint: Ban on importation of poultry and poultry products.  
Resolution status note: During the 25th EAC Regional Forum on NTBs held from 9- 12 May 2018, Kenya and Rwanda reported that the ban on entry of poultry products from Uganda based on the ban from the Veternary and Health Regulatory Authorities had been lifted .  
NTB-000-814 1.7. Discriminatory or flawed government procurement policies 2017-11-17 Uganda: Ministry of Finance Kenya Resolved
2018-11-16
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products, Juice, cigarettes.  
Resolution status note: During the SCTIFI meeting held on 16 November 2018, Uganda reported that she has put in place administrative measures to accord non discriminatory treatment to Kenya products. The NTB is therefore resolved.  
NTB-000-815 2.2. Arbitrary customs classification 2017-11-17 Uganda: Uganda Revenue Authority Kenya Resolved
2019-05-31
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Complaint: Denial of market access and hiking & fixing of confectionary products values thus making Kenya products uncompetitive. Clients are scared of fixed uplifted value in September  
Resolution status note: On 7th October 2019, the EAC Secretariat reported that all issues of valuation were considered and resolved by the Customs Committee in May 2019  
NTB-000-865 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2018-11-16
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others cigarettes.  
Resolution status note: The NTB on Cigarettes was resolved based on the EACJ ruling (Application 13 of 2017 arising from Ref 7 of 2017 issued on 25th Jan 2018: BAT (U) Ltd vs AG Uganda)  
NTB-000-866 2.3. Issues related to the rules of origin 2017-11-17 Tanzania: Tunduma Rwanda Resolved
2018-11-16
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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
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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
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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-000-791 8.6. Vehicle standards
Policy/Regulatory
2017-11-10 Botswana: Kazungula Road Resolved
2018-04-10
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Complaint: Botswana requires that transporters get exemption permits issued either in Francistown or Gaborone, the same original permits must then be couriered to Kazungula where the permit then must be presented to the Kazungula PTC for authorisation and stamping, then to the Botswana Power Corporation for authorisation and stamping, only then can the truck proceed to Kazungula weighbridge and present the permit and be inspected and weighed.These permits are only valid for 7 days so the window in which to use the same permit is very narrow, especially since there are sometimes issues where Zambia Revenue Authority Asycuda system experiences failures and down time.

Further, Transporters are required to put up abnormal signs and red flags on the trucks before they can be released by the Kazungula weighbridge staff. The weighbridge does not permit trucks with over 4.3 Metres high is not permit and yet most of the trailers which the transporters run are just under 4.4 Meters high with a High Cube container on board.

There are no bridges or low power lines, to which a High cube container with a height of 4.6 Metres , would pose a threat to on the entire route from Zambia through Botswana and South Africa .

This is another one of many hurdles being put in the road which is increasing the costs of regional trade and is yet another barrier to trade on our corridor to South Africa.
 
Resolution status note: On 10th April 2018 , Botswana Focal Point reported that Botswana is in compliance with the Regional Standard Dimensions of Vehicles in all its aspects; and specifically the 4.3m overall height.

Exemption permits for over height vehicles is issued from two (2) central locations i.e. Gaborone and Francistown. However Botswana has eased the problem on transporters by issuing Annual exemptions which means the transporter need only to apply once in a year for his Fleet crossing into Botswana. The exemption has no limitations on the number of trips the transporter undertakes nor when the trips are made. The frequent users of the corridor are at liberty to apply for a one year permit.

Transporters are expected to apply for the permit either through their representatives or agents well in advance to enable Department of Roads to process the permit on time. Copies are sent to all the weighbridges along the route that the truck will follow.For safety purposes abnormal signs and red flags are supposed to be mounted on the vehicles before they are allowed onto the public road.
 
NTB-000-792 8.7. Costly Road user charges /fees 2017-11-01 Zambia: Chililabombwe Resolved
2019-01-11
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Complaint: Transporters are being charged a motor vehicle fee by Chililabombwe Municipal Council. There is no justification for such a fee since the transporters do not receive any services from the Council. The transporters are travelling on national roads, which are maintained by the government and not the Council. The transporters pay road user charges to the government to maintain the roads. According to NTB-000-480, this was addressed on the 7 September 2016, but this problem has emerged again since 20th October 2017.  
Resolution status note: Zambia reported that the by-law has now been revoked and councils have stopped charging the said fees.  
NTB-000-800 2.3. Issues related to the rules of origin 2017-11-01 Resolved
2019-10-15
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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.
 
Resolution status note: The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved.  
NTB-000-789 2.10. Inadequate or unreasonable customs procedures and charges 2017-10-31 Zimbabwe: Chirundu Zimbabwe Resolved
2018-01-22
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Complaint: There is a problem on processing of Temporary Import Permits since Zimbabwe Revenue Authority came up with a system of doing more Temporary Import Permits for one vehicle. Transporters are now made to write 3 Temporary Import Permits on one truck. 1 Temporary Import Permit for the horse and 2 for the 2 trailers. Processing the Temporary Import Permits is taking too long , for example, Temporary Import Permits for 93 & 98 which we submitted at 01:20hrs ( 31st October 2017) were not ready by mid morning 1st November 2017. Another Temporary Import Permit submitted at 1900hrs last in the night of 31st was only done at 03:15 hrs in the morning of 1st November 2017 .

ZIMRA is now making the clearing agent do a TIP for every unit of the truck. The truck itself then the trailer as well. In the case of an interlink, that is 3 TIPS.
 
Resolution status note: On 5 December 2017, Zimbabwe Focal Point confirmed the feedback by Revenue Authority that the client should approach the Station Manager for the Zimbabwe Revenue Authority at Chirundu One Stop Border Post to be guided on the proper forms to use. With this explanation issue should be taken as resolved.  
Products: 8709.19: Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms (excl. electrical  
NTB-000-789 2.10. Inadequate or unreasonable customs procedures and charges 2017-10-31 Zimbabwe: Chirundu Zimbabwe Resolved
2018-01-22
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Complaint: There is a problem on processing of Temporary Import Permits since Zimbabwe Revenue Authority came up with a system of doing more Temporary Import Permits for one vehicle. Transporters are now made to write 3 Temporary Import Permits on one truck. 1 Temporary Import Permit for the horse and 2 for the 2 trailers. Processing the Temporary Import Permits is taking too long , for example, Temporary Import Permits for 93 & 98 which we submitted at 01:20hrs ( 31st October 2017) were not ready by mid morning 1st November 2017. Another Temporary Import Permit submitted at 1900hrs last in the night of 31st was only done at 03:15 hrs in the morning of 1st November 2017 .

ZIMRA is now making the clearing agent do a TIP for every unit of the truck. The truck itself then the trailer as well. In the case of an interlink, that is 3 TIPS.
 
Resolution status note: On 22 January 2018, FESARTA sent email to Focal Point, Zimbabwe advisng that the NTBs had been resolved as per advice from ZIMRA. ZIMRA advised complainant to approach the ZIMRA office at Chirundu for assistance since this was an issue concerning lack of information on how to go about the procedure. The complainant was guided on the proper forms to use.  
Products: 8709.19: Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms (excl. electrical  
NTB-000-785 8.8. Issues related to transit 2017-10-25 Zimbabwe: Beitbridge Resolved
2019-08-21
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Complaint: Haphazard breaking of seals at Beitbridge Border without any proof of authentication. Customs officials are breaking the transit cargo seals on the containers and merely crossing out the seal on the manifest and replacing it with the temporary seal. This has severe implications as these containers have already been fumigated and opening the container compromises the fumigation process and leaves the load susceptible to tobacco beetle cross infestation at the border. As there is no authenticity/customer number/stamp endorsing the seal change it means that anyone could have tampered with the cargo on route and this possess another issue with our customers in the USA as it contravenes their anti terrorism procedures . There was legislation passed by ZIMRA in terms of SI 113 of 2017, the Customs and Excise (General) Regulations, SI 154 of 2001, Section 60 that states no seals should be opened in transit through Zimbabwe in order to improve the management of transit cargo. This new legislation needs to be passed on to the officials at Beitbridge (Zimbabwe side)as they are still breaking seals at the border.  
Resolution status note: During the meeting of the NTBs Focal Points held on 19-21 August 2019, Zimbabwe Focal Point confirmed the ZIMRA report below that, transit trucks which are picked by the system for Physical Examination (P/E) are referred to the container depot for P/E. The majority of these trucks are P/E waived.
 Where a physical examination is conducted broken seals are replaced and the replacing seals are endorsed on the manifest and the office stamps and signs.
 The above is the same procedure on both imports and exports.
 Where trucks are not referred for P/E the trucks are either escorted or sealed with electronic seals.
 When trucks are escorted no seals are broken.
 There are instances when the container has seals on all openings and ZIMRA break the other seal in order to place their electronic seal. In such a case appropriate endorsement is made on the manifest.
 There could be some cases probably where officers have not done this hence the complaint from the client. ZIMRA however does not have a point of reference since a particular case has not been cited.
 ZIMRA management have reminded all officers to ensure that whenever a seal is broken the appropriate endorsement is be done.
 
Products: 2401.10: Tobacco, unstemmed or unstripped  
NTB-000-784 8.8. Issues related to transit 2017-10-10 Zambia: Kapiri Mposhe South Africa Resolved
2019-01-11
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Complaint: Transporters are experiencing substantial delays at the weigh-bridges in Zambia when transiting to and from DRC. To make matters worse trucks get weighed at more than one weigh bridge even though the drivers have copies of the initial weigh bridge slips showing no overloads.  
Resolution status note: Zambia reported that the Road Development Agency (RDA) was acting within the law (The Tolls Act of 2011). As a result, trucks are continuously weighed to ensure that no extra loads are added onto the trucks.There is an going process to designate weigh bridges for international truckers as part of the vehicle load management programmes being implemented under the tripartite .Delays in the weighing process are only occasional and not every time. A normal weighing process takes 3 to 5 minutes depending on the details being submitted. All the trucks were cleared and therefore the matter is resolved  
NTB-000-810 8.7. Costly Road user charges /fees 2017-10-02 Tanzania: Tunduma Rwanda Resolved
2018-10-31
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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.
 
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