| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-737 |
7.4. Costly procedures |
2017-03-01 |
|
South Africa |
Resolved
2019-08-21 |
View |
|
Complaint:
|
KBP company who constructed the new border between Zambia and DRC , about 6 years or so ago pegged crossing fees at $100/truck for the Zambia side and $100 for DRC side. The same charge is levied for the return journey therefore transporters pay total crossing fees of $400/truck for a round trip .Further , parking fees of $25/truck/day are enforced for units that stay over 24 hours in the parking bay. These fees were justified at the beginning as these were to modernize the border. However, the transport rates have tumbled by as much as 40 % and we all now have to look at cutting costs.
Taking into account the number of vehicle crossings daily, the US$ 400 crossing fees per round trip has now become a barrier to trade and is having an impact on growth in trade in the region. |
|
|
Resolution status note:
|
During the meeting of NTBs Focal Points held on 19- 21 August 2019, Zambia reported the charges are part of the contractual obligations which will expire in 2023. |
|
|
NTB-000-721 |
5.5. Import licensing requirements
Policy/Regulatory |
2016-06-17 |
Zimbabwe: Ministry of Industry & Commerce |
Zambia |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Zimbabwe introduced surcharges on certain products in violation of the letter and spirit of the COMESA Free Trade Area. Zimbabwe introduced Statutory Instrument 64 of 2016 , controlling the volumes of imports of products exported by Zambia to Zimbabwe Statutory Instrument (SI 64 of 2016),requires that import licenses be obtained from the Ministry of Industry and Commerce before importation of a wide range of products. The instrument is in force and is being implemented |
|
|
Resolution status note:
|
During the meeting of NTbs Focal Points held on 19- 21 August , Zimbabawe reported that SI 64 was repealed by SI 122 . Import licences are no longer required . |
|
|
NTB-000-714 |
6.7. Other
Policy/Regulatory |
2016-06-30 |
Tanzania: Tanzania Food and Drug Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
TFDA registers injectables as per pack size and treats each product by itself rendering retaining licences for the product very expensive. |
|
|
Resolution status note:
|
During the meeting of the NTBs Focal Points held on 19- 21 August 2019, Tanzania reported that the Bilateral meeting between Kenya and Tanzania held in December 2018, agreed that each country should to continue charging their domestic fees until when the process of harmonization is completed. Immediate implementation. The meeting called on the EAC Secretariat to facilitate the harmonization of food safety standards in the region. |
|
|
NTB-000-697 |
1.14. Lack of coordination between government institutions |
2009-07-16 |
|
|
Resolved
2019-08-21 |
View |
|
Complaint:
|
Lack of coordination among the numerous institutions involved in testing and clearance of goods at the Borders |
|
|
Resolution status note:
|
.The NTBs meeting of Focal Points held on 19- 21 August 2019 was informed that the EAC agreed to harmonise the operations of their institutions. This NTB no longer was resolved in the EAC Time Bound mechanism. |
|
|
NTB-000-653 |
3. Technical barriers to trade (TBT)
B15: Authorization requirements for importers
Policy/Regulatory |
2014-12-11 |
Tanzania: Tanzania Food and Drugs Authority |
Kenya |
Resolved
2019-08-21 |
View |
|
Complaint:
|
Requirement by Tanzania Food and Drugs Authority for companies exporting to URT to register, re-label, and retesting of certified EAC products exported by other Partner States Reported in 2003. |
|
|
Resolution status note:
|
During the meeting of the NTBs Focal Points held from 19- 21 august 2019 , Tanzania reported that TFDA was disbanded therefore the requirements are no longer enforced . |
|
|
NTB-000-783 |
2.8. Lengthy and costly customs clearance procedures |
2017-09-19 |
Zimbabwe: Beitbridge |
South Africa |
Resolved
2019-09-09 |
View |
|
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. |
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|
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 . |
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|
NTB-000-902 |
8.8. Issues related to transit |
2019-04-03 |
Tanzania: TRA |
Burundi |
Resolved
2019-05-10 |
View |
|
Complaint:
|
The application of VAT for transit goods that spend more than one month in URT without being loaded |
|
|
Resolution status note:
|
During the 27th RMC meeting, the Republic of Burindi reported that transit goods which have spent more than 30 days in Tanzania are charged VAT, when they exit.The Republic of Burundi resubmited to the Secretariat the evidence that was submitted to the United Republic of Tanzania. The United Republic of Tanzania informed the meeting that the fee is charged on services rendered to the trader after the 30 days of the grace period and these services are taxable. The United Republic of Tanzania informed the Sectoral Committee on Trade that as per the evidence given the fee is charged on services rendered to the trader but not on the transit goods after expiry of the 30 days of the grace period and these services are taxable. Hence the United Republic of Tanzania considered the issue not qualifying to be an NTB. Hence the issue was resolved. |
|
|
NTB-000-892 |
2.8. Lengthy and costly customs clearance procedures |
2018-07-01 |
Kenya: Namanga |
Tanzania |
Resolved
2019-04-10 |
View |
|
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-000-899 |
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. |
|
|
NTB-000-815 |
2.2. Arbitrary customs classification |
2017-11-17 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2019-05-31 |
View |
|
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-000-909 |
8.8. Issues related to transit |
2009-07-01 |
EAC |
EAC |
Resolved
2018-11-16 |
View |
|
Complaint:
|
Existence of several weigh bridge stations in the central and Northern corridors. |
|
|
Resolution status note:
|
Transit trucks should be weighed twice, weigh bridges should be reduced to two (2) one at the point of entry and the other at the port of exit.
The two weigh bridges should be equipped with a High Speed Weigh-In Motion (HS-WIM) equipment to save time spent at weigh bridges.
Kenya and Tanzania have installed the High Speed Weign In Motion Weigh Bridges (HS-WIM).
Number of Weigh Bridges in Partner States are as follows: Burundi: 0, Kenya: 4, Rwanda: 0, Tanzania: 3 as agreed, Uganda: 2
The meeting recommended that Uganda be urged to consider installing High Speed Weigh-In Motion Weigh Bridges to resolve this NTB.
URT waived the US$40 sticker fees on transit trucks going through weigh bridges in the central corridor with immediate effect. |
|
|
NTB-000-897 |
3. Technical barriers to trade (TBT)
B82: Testing requirement
Policy/Regulatory |
2019-09-09 |
Kenya: Namanga |
Tanzania |
Resolved
2019-09-09 |
View |
|
Complaint:
|
This incident happened at Namanga border on 09 September, 2019. The Kenya Bureau of Standard (KEBs) restricted car registration number T391 AVW/T945BMK with 10,000 Olynet Long lasting nest and 5, 920 MiraNet also long lasting nets manufactured by A to Z Textile Company. These products are TBS licensed. It was later allowed to enter Kenya under seal make until KEBS undergo their test, in Nairobi. We wish to get clarification on issue, if it has licensed by TBS how come need another test? |
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|
Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 noted that it was a one time incidence and is a normal practice in Standards, However the issue was resolved that same day and should be indicated as resolved. |
|
|
NTB-000-901 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2019-05-03 |
|
Kenya |
Resolved
2019-10-15 |
View |
|
Complaint:
|
South Sudan is subjecting Kenyan exports to Certificate of Conformity (CoC); South Sudan through their Ministry of EAC and Industry has written letters to Kenya manufacturers informing them that there will be a penalty of 15% CIF on all imports into the Republic of South Sudan without CoC. Exporters are required to have their consignments verified in the country of export before shipment. |
|
|
Resolution status note:
|
During the Regional Monitoring Committee held on 15th October, 2019 the Republic of Kenya reported that the NTB was resolved. |
|
|
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.
|
|
|
Resolution status note:
|
The Regional Monitoring Committee held on 15th October, 2019 agreed that the NTB was resolved. |
|
|
NTB-000-816 |
1.1. Export subsidies |
2018-03-01 |
Tanzania: Tanzania Revenue Authorities |
Kenya |
Resolved
2019-10-15 |
View |
|
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-000-374 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
COMESA |
Zimbabwe |
Resolved
2019-10-12 |
View |
|
Complaint:
|
Lack of a SADC simplified trading regime hampers small traders from doing business with their SADC counterparts. |
|
|
Resolution status note:
|
During the national Workshop to launch SMS tool for Zimbabwe and training on online system, held on 10- 12 October 2019, Zimbabwe reviewed all outstanding NTBs and reported that SADC had made progress in developing the SADC STR and therefore this resolves the issue. |
|
|
NTB-000-802 |
2.6. Additional taxes and other charges |
2018-02-28 |
Zimbabwe: Ministry of Industry & Commerce Zimbabwe |
Malawi |
Resolved
2019-10-12 |
View |
|
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-000-829 |
2.4. Import licensing |
2018-07-13 |
Zimbabwe: Ministry of Industry & Commerce and Enterprise Development |
Mauritius |
Resolved
2019-08-15 |
View |
|
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. |
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|
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. |
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|
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 |
View |
|
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-000-832 |
3. Technical barriers to trade (TBT)
B82: Testing requirement |
2018-08-28 |
Kenya: Mombasa sea port |
Mauritius |
Resolved
2019-10-18 |
View |
|
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) |
|
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