Resolved complaints

Showing items 601 to 620 of 799
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
COMESA
EAC
SADC
Reporting country or region (additional)
COMESA
EAC
SADC
Status Actions
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
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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-000-782 8.7. Costly Road user charges /fees 2017-09-17 Zimbabwe: Chirundu Zimbabwe Resolved
2019-08-21
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Complaint: Trans[porters are experiencing the following delays and other administrative costs as a result of the sealing process by ZIMRA:
• The vehicles are delayed up to 24 hours while waiting for the seals
• ZIMRA Officials remove existing seals to fit their seal and then do not replace the seals when their electronic seals are removed
• ZIMRA Officials have refused to endorse the documents when seals have been removed
• They have damaged transporters equipment and gone so far as to use a drill on a loaded fuel tanker to drill a large hole to fit their seal. This is completely unacceptable!
• Where one of their seals was incorrectly fitted and fell off the truck, they then cut other seals and drew samples of the product to ensure it had not been contaminated. No explanation was given and our customer consequently rejected the load as the integrity had been corrupted
• Transporters are expected to adhere to routes stipulated by ZIMRA. We have Route Risk Assessments on all our routes. The route is determined due to a number of factors including distance and safety. This is pertinent to Zimbabwe where the road infrastructure is failing
• Beyond the instruction to pay for the sealing, transporters are further expected to pay the costs of escorts
 
Resolution status note: The payment for sealing is a requirement in terms of the law in terms of Statutory Instrument 113 OF 2017. A fee of $30.00 shall be levied on every road vehicle conveying goods and break bulk cargo through Zimbabwe upon which electronic seals and magnetic sealing cable are placed on the cargo in term of the law.he vehicles are delayed up to 24 hours while waiting for the seals.Noted, it is not the intention of ZIMRA to delay any vehicle because of sealing, sealing is done in the minimum possible time and where delays are experienced, one can immediately contact the Supervisor or Manager on duty for assistance. Contact numbers for Supervisors and Managers are displayed in the offices .
ZIMRA has since obtained the seals and there are no more delays .
 
NTB-000-783 2.8. Lengthy and costly customs clearance procedures 2017-09-19 Zimbabwe: Beitbridge South Africa Resolved
2019-09-09
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Complaint: Zimbabwe Revenue Authority (ZIMRA) is not adhering to their new procedure for handling transit cargo thereby causing serious delays in clearance of trucks at the Beitbridge border post.
Truckers are experiencing serious delays because ZIMRA is not adhering to the procedure it stipulated in its communication documents. ALL transit cargo is being fitted with seals, despite the cargo already being sealed by client at loading point. Communication from drivers indicated that, currently only 5 trucks being sealed per day.
Trucks then going onto a "list" for transit escort. This is despite the official communication stipulating that ONLY trucks carrying cargo that is not covered by a suitable tent/tarpaulin that cannot be sealed will be considered by authorities to be escorted.
Truck is a tautliner and thus can be sealed yet driver has been informed it needs to be escorted, and he was informed that 5 trucks per day are escorted to Chirundu. Currently he is number 48 in the "list". This goes against what was communicated in ZIMRA informational document.
Our trucks have Route Risk Assessment done prior for the reasons stated by another complainant, yet ZIMRA wants to dictate which roads and routes to use. This procedure is causing unnecessary delays at the border.
 
Resolution status note: On 22nd August 2019, the Zimbabwe Revenue Authority Head of Technical services advised that not all transit cargo is being selected for Electronic Cargo Tracking, but only cargo that is selected as hig risk transit cargo through the use of ZIMRA automated risk management engine. Beitbridge is sealing in excess of 50 of the over 300 transit trucks cleared on a daily basis which is selected by the automated risk management engine. On implementation of Electronic Cargo Tracking System high risk transit cargo that could not be electronically sealed was escorted through Zimbabwe, however, adequate electronic tracking seals have now been procured to facilitate the sealing of all highrisk transit cargo as selected by the risk management engine. As of August 2019, no escort are being done unless there is a specific need. The drivers are at liberty to select their designated route to be followed as they transverse Zimbabwe by completing a Route Declaration Form.

This NTB arose due to challenges faced on implementation of the electronic cargo tracking system in Zimbabwe, through stakeholder engagement and dialogue implementation challenges were resolved. Therefore this NTB has been resolved .
 
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-000-785 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-000-788 2.3. Issues related to the rules of origin 2017-06-01 Ethiopia: All Ethiopian banks. Egypt Resolved
2020-07-09
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Complaint: Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt).  
Resolution status note: On 9 July , Egypt reported that Egypt accepted Ethiopia feedback which is compliant with the COMESA Rules of Origin  
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-000-791 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-000-797 1.14. Lack of coordination between government institutions 2018-01-02 South Africa: The DTI South Africa Resolved
2019-08-22
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Complaint: Distell, a Tape Town based exporting company is experiencing delays and high costs of processing SAD500 entries and SADC certificates for their wine exports to Zimbabwe. The current procedure where the Distell driver cannot take the SAD500 entry and SADC certificate to Customs to have it stamped and signed over the counter is cumbersome and costly for the company. The company has to wait for at least 2 days for either the release notification or the stamped and signed SADC certificates. This leads to the truck waiting at the depot for the documents, which results to either standing time cost at the depot or standing time at the border.
The requirement is as follows: Distell Company loads Bulk orders in Tanktainers and Drums from Monis in Paarl or Adam Tas in Stellenbosch, Cape Town which goes by road to Zimbabwe. Currently export documents can only be done by the Freight forwarder immediately after the Tanktainer or Drums are loaded. Export documentation cannot be processed earlier, as company has to wait for the final weight loaded into the truck. The alternative method to use flow meters and cut off the loading on a specific amount of liters is used because it is does produce accurate measurements.
Actual Current process for Bulk - Tanktainers (Tankerservices transport)
- Truck to be arranged for loading very early on a Tuesday morning @ 07:00am
- Most of the time 2 to 3 truckloads which will load one after the other.
- The following is all also done on the Tuesday:
o The wine is loaded.
o Distell invoices and forward the relevant documentation to Imperial Logistics in Johannesburg.
o Imperial Logistics processes the Customs entry via EDI.
- Once EDI release is received (after at least 2 days), Imperial Logistics sends the Release notification via e-mail.
- Distell advises Tanker Services to collect the relevant documentation and leave for the border.
- Imperial Logistics will have the SADC certificate stamped at the border.
- Tanker services driver to collect the original SADC certificates at the border.
A permanent solution for exporters in Cape Town to provide an over the counter service for our SAD500 & SADC entries is required.
 
Resolution status note: Zimbabwe Focal Point reported that the NTB had been resolved . South Africa was issuing SAD500 on time  
Products: 2204.10: Sparkling wine of fresh grapes  
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-000-799 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-000-800 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-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the TFTA NTBs Focal points meeting held on 19- 21 August 2019 , Malawi confirmed that the issues has been resolved.  
NTB-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-20
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Complaint: 1. CORI (Capital Oil Refining Industries) Ltd intend to export cooking oil and soya bean cake into Zambia. However, the
company has been advised to pay 5% SGS surcharge on export of its product into Zambia.

2. The company (CORI Ltd) is also considering to register a company in Zambia in which case they have been advised that they require an import permit from Zambian Authorities for every consignment (of cooking oil and soya bean cake) that will be sent to Zambia.
 
Resolution status note: During the bilateral consultations between Zambia and Malawi at the 5th TFTA NTBs Focal points meeting, Malawi confirmed that the issues has been resolved. We again propose that it be marked as resolved.  
NTB-000-802 2.6. Additional taxes and other charges 2018-02-28 Zimbabwe: Ministry of Industry & Commerce Zimbabwe Malawi Resolved
2019-10-12
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Complaint: CORI Ltd visited Zimbabwe last year to explore their local market to check if there is potential for their products (cooking oil). CORI Ltd discovered that they could not export cooking oil into Zimbabwe as the government in Zimbabwe has instituted Statutory Instrument (S.I 64) that banned imports of a variety of products (cooking oil is one of them).

Zimbabwe also has 40% (or $0.50/litre) duty on cooking oil imports
 
Resolution status note: During the national workshop to launch the SSMS tool for Zimbabwe and training for NMC, Zimbabwe reported that the consolidated SI 122 removed the requirement for import and export licences on some products including cooking oil.  
NTB-000-805 Existence of several weighbridge stations in the central and Northern corridors. 2014-04-01 EAC EAC Resolved
2019-08-21
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Complaint: Rwanda, Uganda and Burundi are affected by the existence of several weighbridge stations in the central and Northern corridors (Tanzania, Kenya and Uganda).  
Resolution status note: During the meeting of Focal Points held on 19- 21 August 2019 , EAC NTBs Focal Points reported that this matter had been resolved. The weigh bridges have been reduced to 3 in the central corridor .  
NTB-000-806 8.7. Costly Road user charges /fees 2015-04-01 Tanzania: Ministry of Transport Resolved
2018-02-09
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Complaint: Tanzania requirement that trucks passing three weigh bridges are required to buy stickers at US$40 per sticker despite the fact that trucks are clearly marked transit in the central corridor.  
Resolution status note: Today, 10:10
During the Extra Ordinary SCTIFI taht sat in February, 2018, the USD 40 sticker fee was waived with immediate Effect. Hence the NTB was resolved.
 
NTB-000-807 2.3. Issues related to the rules of origin 2017-06-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2018-05-12
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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.  
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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