Resolved complaints

Showing items 621 to 640 of 654
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
COMESA
EAC
SADC
Status Actions
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-000-798 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-000-801 2.6. Additional taxes and other charges 2018-02-28 Zambia: Ministry of Trade. Malawi Resolved
2019-08-21
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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-000-802 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-000-816 1.1. Export subsidies 2018-03-01 Tanzania: Tanzania Revenue Authorities Kenya Resolved
2019-10-15
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Complaint: LACK OF PREFERENTIAL TREATMENT CONFECTIONERY PRODUCTS FROM KENYA BY TANZANIA  
Resolution status note: During the Regional Monitoring Committee held on 14th October, 2019 Tanzania has implemented the recommendations of the verification mission on confectionaries. Hence the NTB is resolved.  
NTB-000-892 2.8. Lengthy and costly customs clearance procedures 2018-07-01 Kenya: Namanga Tanzania Resolved
2019-04-10
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Complaint: KRA has issued a public notice which introduced Single Custom entry clearance which increases cost of doing business.
The new system affects Tanzania traders by increasing cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. Therefore to clear 100 trucks it cost Kshs 850,000/-.
 
Resolution status note: The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.
The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th - 15th Dec 2018.
The matter was resolved by the CoC in April 2019
 
NTB-000-852 2.6. Additional taxes and other charges 2018-07-05 Tanzania: Ministry of LiveStock Kenya Resolved
2018-11-16
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Complaint: Increase of Import and Export fees on animal and animal products by Tanzania. Tanzania has amended the “Animals & Animal Products Movement Control (Amended) Regulations, 2018” that has increased the charges.  
Resolution status note: The CoC guided that:-
Refer the imposition of additional levies under the animal diseases (Livestock Markets) Regulations, 2018 by URT under Government Notice 476 of 31st August 2018 to SCTIFI.

The Secretariat guided that where national laws impose levies on imports and exports, this should not apply to goods originating within the EAC.

URT informed the meeting that such charges exist in other Partner States.

The SCTIFI meeting agreedthat this guidance should therefore be applicable to all Partner States.

The matter was resolved.
 
NTB-000-829 2.4. Import licensing 2018-07-13 Zimbabwe: Ministry of Industry & Commerce and Enterprise Development Mauritius Resolved
2019-08-15
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Complaint: We, Soap & Allied Industries Ltd, Mauritius have shipped under the BL no. MEDUPL008430 & Comesa No.487/18 & BV CoC No.ZWE 2018 206608 / 0001 of 3 FCL of Detergent Powder since 19th June 2018 and reach on 13th July 2018, Our end consignee MEGA MARKET PVT LTD, Mutare, Zimbabwe has already apply for an Import permit month back which same use to be release within a week time.
Unfortunately they still awaiting for the permit for releasing of these FCL till now.
The Detention fee and storage charges incured are too much due to extended days and these will affect the selling cost for end customer as they are not able to clear out the goods.
Note: 3 more FCL of the same products already depart from Mauritius on 08th July 2018 and closed to reach.
We wish to have your attention on that issue and your kind consideration for the smooth doing business between both countries under the proper condition and trade agreement.
We request Zimbabwe to kindly consider on Urgent basis to assist our customer MEGA Market PVT Ltd to obtain the license so that the goods can be cleared.
 
Resolution status note: On 22 August 2019, Zimbabwe Focal Point reported that the import licence was issued therefore the NTB is resolved. During the national workshop to launch SMS tool, Zimbabwe reported that the issuance of licences took a maximum 24 hours . Delays are cause d by late or non submission of required documentation.  
Products: 3402.20: Surface-active preparations, washing preparations, auxiliary washing preparations and cleaning preparations put up for retail sale (excl. organic surface-active agents, soap and organic surface-active preparations in the form of bars, cakes, moulded piece  
NTB-000-831 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-07 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: Mauritius exports its Brown sugar produced locally to Kenya under EAS specifications which is an EAC standard.
However, we had an issue with one of our consignment with KEBS Samples ref dated 27 th July 2018.
Further to KEBS Laboratory Test Report, the content of Water Insoluble matter is 317 mg/Kg. It is our view that it is impossible to have such an amount in a sugar testing result. The maximum permissible Water Insoluble Matter allowed by KEBS is 250 mg/kg.
The same laboratory testing undertaken by the sugar mill in Mauritius has revealed a Water Insoluble Matter of a content of 33 mg/kg. As a result of this significant difference, the consignment has been blocked at customs in Mombasa since the 7th August 2018 date of Analysis started.
For transparency purposes, our company requests to understand what is the method being used to analyse the Brown Sugar.
 
Resolution status note: During the 4th Meeting of COMESA Sub Committee on Trade facilitation held in Nairobi on 17- 19 October 2019 , Kenya and Mauritius reported that the NTB had been resolved .  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-848 1.8. Import bans 2018-08-09 Uganda: Ministry Kenya Resolved
2018-11-16
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Complaint: Uganda’s limitation on importation of processed meat products from within the region. It also addressed it as a measure to promote local capacity in Uganda to produce such processed meats rather than importing meat and meat products from the Partner States.  
Resolution status note: Uganda informed the meeting that the letter was meant for internal traders who were sourcing for processed meat from outside the EAC and was not meant for traders within the EAC Partner States.

So the Meeting agreed that this NTB is resolved.
 
NTB-000-851 1.4. Preference given to domestic bidders/suppliers 2018-08-09 Tanzania: Ministry of Livestock Kenya Resolved
2018-11-16
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Complaint: Discrimination of beef products by Tanzania where Tanzanians are advised to source beef locally.  
Resolution status note: Tanzania informed the SCTIF meeting that the importer was advised and was given an import permit.

The Meeting agreed that this NTB is resolved.
 
NTB-000-832 3. Technical barriers to trade (TBT)
B82: Testing requirement
2018-08-28 Kenya: Mombasa sea port Mauritius Resolved
2019-10-18
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Complaint: All consignments of Sugar are systematically being on hold at customs in Mombasa for analysis though prior to shipment in Mauritius, a Certificate of Analysis is being issued and verified by SGS Mauritius and a Certificate of Conformity is issued by SGS South Africa based on Certificate of Analysis.
Same SGS is a recognized International Standards Body mandated by KEBS, we would like to understand why the sugar are also being analysed before clearance in Mombasa?
 
Resolution status note: On 18th October 2019 , Mauritius reported that the Mauritian exporters reported that the consignments were released. We propose that this NTB be marked as resolved.  
Products: 1701.14: Raw cane sugar, in solid form, not containing added flavouring or colouring matter (excl. cane sugar of 1701 13)  
NTB-000-850 8.2. Administrative (Border Operating Hours, delays at border posts, etc.) 2018-09-01 Kenya: Namanga Tanzania Resolved
2018-11-16
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Complaint: KRA has issued a public notice which introduced Single Custom entry clearance that increases cost of doing business for example to clear 100 trucks using bulk system was costing Kshs 150,600, however, using the current system of single customs entry one truck cost Kshs8,500/-. If you have to clear 100 trucks it will cost Kshs 850,000/-  
Resolution status note: The NTB was discussed in the CoC and agreed that the SCT TWG should analyse the risks of making one bulk declaration and cost implications of multiple declarations. The TWG should work out a mechanism for knocking off cargo.

The Secretariat informed the meeting that the TWG on SCT will develop a framework to knock off cargo in the customs clearance system from 11th-15th Dec 2018.

The matter is to be resolved by the CoC.
 
NTB-000-845 8.4. Transport related corruption 2018-09-03 Tanzania: Rusumo Rwanda Resolved
2018-11-16
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Complaint: Tanzania has introduced an escort fee imposed by TRA from Dar Es Salaam to Rusumo.  
Resolution status note: Tanzania reported that this NTB was resolved through administrative procedures.  
NTB-000-841 2.3. Issues related to the rules of origin 2018-09-06 Uganda: Malaba EAC Resolved
2018-11-16
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Complaint: Uganda does not recognize the calibration certificate issued by Weight and Measures Agency (WMA) for oil tanks from URT  
Resolution status note: Tanzania reported during the 25th EAC Regional Forum on NTBs that it was Resolved  
NTB-000-840 2.3. Issues related to the rules of origin 2018-09-06 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Tanzania not granting preferential tariff treatment and non-recognition of EAC Certificate of Origin issued by KRA to leaf springs.  
Resolution status note: Kenya reported during the 25th EAC Regional Forum on NTBs that it was Resolved  
NTB-000-846 7.5. Lengthy procedures 2018-09-06 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Tanzania registers Kenya Trucks carrying transit goods.  
Resolution status note: Tanzania informed the meeting that it is not a new registration but recording them in the system for the purpose of the SCT. This is done annually and is free. URT informed the Meeting that this is declaration and recording of trucks but not registration.
The NTB was resolved
 
NTB-000-843 2.3. Issues related to the rules of origin 2018-09-12 Kenya: Tanzania Resolved
2018-11-16
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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-000-849 1.14. Lack of coordination between government institutions 2018-09-12 Uganda: Kampala Rwanda Resolved
2018-11-16
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Complaint: Two Trucks on Transit from Rwanda to Mombasa carrying minerals for export are impounded by Uganda Mineral Protection Police Unit.  
Resolution status note: Uganda confirmed to have received evidence of this NTB from Rwanda. The Trucks that were being held had no customs issue as they had fulfilled all transit requirements. The Uganda Mineral Protection Police Unit had held the trucks claiming the transit documents were forged however, customs was consulted and proved that the documents were genuine.

The SCTIFI meeting held in November, 2018 was informed that the Ministry of Foreign Affairs – Uganda convened a meeting and resolved that matter.

The matter was resolved.
 
NTB-000-856 2.3. Issues related to the rules of origin 2018-09-18 Tanzania: TRA Uganda Resolved
2019-04-30
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Complaint: Denial of market access to sunflower oil.  
Resolution status note: During the 27th Regional Monitoring Uganda reported that Tanzania accorded Uganda sunfower originating status therefore this NTB had been resolved.  
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