| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-918 |
3. Technical barriers to trade (TBT)
B14: Authorization requirements for importing certain products |
2019-10-05 |
Kenya: Charges were applied by Nairobi City Council |
Rwanda |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Requirement to foreign exhibitors in Kenya to have a trading license to be able to display their products in the trade fair without which a fine of Ksh 1,000 per day is imposed to the exhibitor by the City Council. The incident occurred during the Nairobi International Trade Fair that took place at Jamhuri Park to 30th September to 6th October 2019 |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade Kenya reported that it was a one off issue and is committed that it will not happen again in other upcoming exhibitions. The meeting agreed that exhibitors should be informed not to accept any charges and should report to the relevant authorities in case it happens. Hence it was resolved. |
|
|
NTB-000-904 |
1.14. Lack of coordination between government institutions |
2019-04-05 |
Uganda: Mutukula |
Tanzania |
Resolved
2019-10-31 |
View |
|
Complaint:
|
Posting of sufficient personnel to Mutukula One Stop Border Post (OSBP). Tanzania has already deployed staff necessary to meet the 24/7 working hours. But Ugandan border officials does not work 24/7. Thus, business from Tanzania to Uganda is severely affected. |
|
|
Resolution status note:
|
During the Sectoral Committee on Trade held on 31 October 2019, the Republic of Uganda reported that the Mutukula OSBP is now fully operational at 24/7 basis. The following number of staff from respective agencies were deployed:
Customs (URA) - 25
Immigration (MIA) - 11
Ministry of Agriculture Animal Industry and Fisheries - 3
All other relevant agencies (MAAIF) are present at the OSBP
Hence the NTB was resolved. |
|
|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
|
|
Resolution status note:
|
During the Bilateral Meeting held on 27th April 2019, both Kenya and Tanzania, Tanzania reported that Cement transfered from Kenya is granted preferential treatment which was disputed by Kenya. The Tanzania Revenue Authority agreed to provide feedback in one week. The meeting was informed by the Secretariat that the NTB was resolved during the CoC meeting of April 2019. |
|
|
NTB-000-760 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2019-10-16 |
View |
|
Complaint:
|
Lack of preferential treatment. Payment of full CET duty on cement exports from Kenya to Tanzania due to interpretation of Chapter 25. This also affects situations where the local content is at a high percentile. Tanzania authorities attach a 35% duty to cement that is not ‘wholly produced’ in an EAC state. This is opposed to previous practice which had other categories on the rules of origin certificate that for cement included ‘value addition’ and/or ‘substantially transformed using material content not exceeding 60%’ - the Authorities do not consider these categories anymore; the rules of origin must state whether the item is either wholly produced or not. |
|
|
Resolution status note:
|
During the Regional meeting held on 16th October, 2019 it was agreed that the complaint that says, "Kenya further reported that, in addition, Tanzania has introduced another requirement whereby before Kenya export cement, Kenya manufacturers need to send a sample of cement to Tanzania Government chemist for sampling. This is causing delays and it's costly to test and to take samples to Tanzania. This is really frustrating cement from Kenya." should be deleted from the system as Kenya could not provide evidence on the same. |
|
|
NTB-000-889 |
2.14. Other |
2018-04-05 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
Resolved
2019-10-30 |
View |
|
Complaint:
|
The Ministry of Industry, Trade and Tourism received a complaint from Limbe Leaf Tobacco Company Ltd of a Non-Tariff Barrier imposed by Mozambican Customs Authorities at Zobue Border Post.
The company reported that Mozambique Customs Officials are demanding that containers carrying processed tobacco transiting through Mozambique should be opened after passing through Zobue Border Post.
Once the container is opened for physical inspection, customers (buyers of tobacco) demand that the exporter should get an official letter from the Mozambique Customs Officials. Unfortunately, Mozambique customs authorities have not issued documents nor provided formal reports stating the occurrence of the inspections and confirming changes in seal numbers once an inspection has taken place. |
|
|
Resolution status note:
|
During the meeting to launch SMS tool for Malawi on 30 October 2019, Malawi Focal Point reported that Limbe Leaf Tobacco had written a letter to the Ministry of Industry, Trade and Tourism confirming that Mozambique had removed the requirement for additional inspections |
|
|
NTB-000-920 |
2.8. Lengthy and costly customs clearance procedures |
2019-06-01 |
Tanzania: Namanga |
Kenya |
Resolved
2019-11-07 |
View |
|
Complaint:
|
Lengthy documentation in TRA thus delays and demurrage costs
It takes not more than 3 days to get all necessary documents for Kenya, Rwanda and Uganda while it can take upto 10 days(or more) for TZ since all documentation is processed though the exit border before truck leaves Kenyan side
EXPORT DOCUMENTS REQUIRED IN RWANDA, KENYA & UGANDA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
EXPORT DOCUMENTS REQUIRED IN TANZANIA
EAC CERTICATE
ENTRY
EXIT
RELEASE ORDER
MOVEMENT SHEET
TRANSPORT PERMIT
There is no requirement for transport permit for KE, UG & RW.
There is need for customs to harmonize and reduce documentations so as to simplify export processes and facilitate trade. |
|
|
Resolution status note:
|
Tanzania reported that
a) Transport permits for chemicals related products are issued once the import permit has been issued.
b) For the case of this evidence provided by Kenya, the import permit no.964556 was issued to Kiboko Precoated sheer on 21st of August, 2019 and on the same date 21st of August, 2019, a transport permit 174391 was issued to transport the said chemicals (Charan sign& Sons campany) and therefore there were no delays in issuing the transport permit as it was issued on the same day. It should be noted that the company imports those chemicals is the Tanzania company and transporter of those chemicals was Kenyan Company.
c) United Republic of Tanzania is requesting all exporters to seek all necessary document required before arrival at the Border Post to avoid any delayed and register on the online portal
d) Currently Tanzania do provide chemical and transport permits from Monday to Saturday using the online portal. In addition to that, we have chemical inspectors at all border points operating 24/7 |
|
|
NTB-000-075 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-07-23 |
SADC |
Botswana |
Resolved
2019-11-21 |
View |
|
Complaint:
|
The SADC region has different border operating times and this inhibits intra regional trade |
|
|
Resolution status note:
|
The SADC Secretariat submitted the following detailed progress report resolving the NTB.
The 29th Meeting of the Sub-Committee on Customs Cooperation (SCCC) held on 8-9 May 2019, in Gaborone, Botswana, recalled that that the 13th meeting of the Ministerial Task Force (MTF) on Regional Economic Integration held in July 2013 in Maputo, Mozambique, recognized that impediments to movement of goods across the SADC region should be urgently addressed. The MTF committed to take measures to address the following as “quick wins” to enhance border efficiencies and trade facilitation at selected borders:
a) Harmonization of operating hours at all adjacent borders with different operating hours such as Chirundu, Kasumbalesa, Kasumulo/Songwe border crossings in order to reduce congestion and enhance trade facilitation;
b) Review the hours of operation in order to cater for high traffic volumes and meet the requirements of trade at the following border posts:
(i) Chirundu (Zambia/Zimbabwe);
(ii) Kasumbalesa (DRC/Zambia);
(iii) Kasumulo/Songwe (Tanzania/Malawi);
(iv) Kazungula ( Botswana/Zambia/Zimbabwe);
(v) Machipanda/Forbes (Mozambique/Zimbabwe);
(vi) Calomue/Dedza (Mozambique/Malawi);
(vii) Nyamapanda/Cuchamano (Zimbabwe / Mozambique);
(viii) Tunduma/Nakonde (Zambia/Tanzania); and
(ix) Ramokgwebana/Plumtree (Botswana/Zimbabwe)
(x) Santa Clara/Oshikango (Angola/Namibia).
c) Agreed to be proactively involved in the implementation of the one-stop border post (OSBP) programme at the borders to support the following priorities as identified in the Regional Infrastructure Development Master Plan short-term plan:
(i) Kasumbalesa (DRC / Zambia);
(ii) Kazungula ( Botswana / Zambia /Zimbabwe);
(iii) Tunduma / Nakonde (Zambia/Tanzania);
(iv) Mwami / Mchinji (Zambia / Malawi);
(v) Chiponde/ Mandimba (Malawi/Mozambique); and
(vi) Trans- Kalahari / Mamuno (Namibia/ Botswana).
SCCC also noted that the matrix on Progress on Border Management was circulated in March 2019 to all Member States in order to provide an update on the implementation of the trade facilitation initiatives but the submission was received only from South Africa.
The meeting urged the Member States to provide an update on the implementation of the trade facilitation initiatives by latest 30th May 2019
The SCCC:
(i) noted the progress on the implementation of the trade facilitation through initiatives in border management;
(ii) urged the Member States to expedite the implementation of the agreed trade facilitation measure to enhance efficiencies and border crossing as directed by the Ministerial Task Force on Regional Economic Integration; and
(iii) requested the Member States to submit any further updates with respect of initiatives being undertaken at major border posts in terms of extension and harmonization of border operating hours, One-Stop Border Posts, and Coordinated Border Management
The Secretariat received the update on harmonization of operating hours at all adjacent borders with different operating hours in order to reduce congestion and enhance trade facilitation and compiled in the table below.
MAIN SADC BORDERS: HARMONIZATION OF OPERATING HOURS -2019
Border Post Countries Opening hours
1 Kasumbalesa RD Congo / Zambia Both sides operate from 06h00 to 18h00.
2 Luvu/Lufu Angola/ DRC Both sides operate from 06h00 to 18h00.
3 Kazungula Ferry Botswana / Zambia Both sides operate from 06h00 to 18h00.
4 Victoria Falls Zimbabwe/ Zambia The hours of operation are 06h00 to 22h00.
5 Beitbridge / Mesina South Africa/Zimbabwe The border operates 24hs
6 Nakonde / Tunduma Zambia / Tanzania The border operates 24hs
7 Kasumulu / Songwe Tanzania /Malawi Malawi operating from 06h00 to 18h00 and
Tanzania from 07h00 to 19h00 (time zone)
8 Mwami / Mchinji Malawi/ Zambia The borders operate 24 hours. However, for
Commercial, it is from 06h00 to 18h00
9 Chiponde / Mandimba Malawi/ Mozambique Both sides operate from 06h00 to 18h00
10 Zobue / Mwanza Mozambique/Malawi Both sides operate from 06h00 to 21h00
11 Machipanda / Forbes Mozambique/Zimbabwe Both sides operate from 06h00 to 20h00
12 Nyamapanda / Cuchamano Mozambique/Zimbabwe Both sides operate from 06h00 to 20h00.
13 Trans-Kalahari / Mamuno Namibia / Botswana Both sides operate from 07h00 to 24h00.
14 Kazungula Ferry Botswana /Zambia Both sides operate from 06h00 to 18h00.
15 Ramokgwebane / Plumtree Botswana/ Zimbabwe Both sides operate from 06h00 to 22h00.
16 Kopfontein / Tlokweng South Africa/ Botswana Both sides operate from 06h00 to 24h00
17 Beitbridge / Mesina South Africa/Zimbabwe The border operates 24hs
18 Lebombo / Ressano Garcia South Africa/ Mozambique Both sides operate from 06h00 to 24h00
19 Santa Clara / Oshikango Angola/ Namibia Both sides operate from 08h00 to 18h00
20 Jimbe / Jimbe Angola/ Zambia Both sides operate from 06h00 to 18h00.
21 Maseru Bridge Port of Entry Lesotho / South Africa The border operates 24hs
22 Lomahasha / Namaacha Mozambique/ Eswatini Both sides operate from 07h00 to 24h00
23 Goba Border Post / Mlhumeni Mozambique/ Eswatini The border operates 24hs
24 Golela Border / Lavumisa Mozambique/ Eswatini Both sides operate from 07h00 to 22h00
25 Border Posts / Mananga Mozambique/ Eswatini Both sides operate from 07h00 to 22h00
26 Oshoek Border / Ngwenya Eswatini/South Africa Both sides operate from 07h00 to 22h00 |
|
|
NTB-000-898 |
2.13. Issues related to Pre-Shipment Inspections |
2019-05-30 |
South Africa: SGS South Africa |
Mauritius |
Resolved
2020-01-17 |
View |
|
Complaint:
|
All consignments subject to Pre-Shipment Verification of Conformity (PVoC) must obtain the Certificate of Confirmity (CoC) prior to shipment.
On average, it takes SGS South Africa about 3-5 days to respond to a request made by the exporter for issuing the CoC, and it takes them further 15-20 days to produce the CoC. In the meantime, the Mauritian exporting company has to incur several financial constraints while waiting for the CoC. |
|
|
Resolution status note:
|
On 17 January 2020, Mauritius Focal Point advised that the exporter has negotiated with SGS South Africa to reduce the number of days taken to obtain the Certificate of Conformity (CoC). SGS South Africa is taking a maximum of 12 days to process the CoC instead of 25 days.
The exporter has advised that they are now satisfied with the processing time. |
|
|
NTB-000-891 |
2.8. Lengthy and costly customs clearance procedures |
2019-04-09 |
South Africa: Cape Town |
Eswatini |
Resolved
2020-02-04 |
View |
|
Complaint:
|
SARs stopped containers for inspection and are demanding proof of payment from consignee/buyer to the exporting company (Supplier) for the goods in transit to Eswatini. The affected company, Long Wei Investments are experiencing delays and incurring storage and demurrage charges at the port of discharge in Cape Town. SARS has withheld the consignment for over seven days from 9th April 2019. SARs are asking for different documentation at different times and dates thereby further delaying the inspection process and release of the consignments. The affected products are on Bill of Lading No. COSU6198384160 |
|
|
Resolution status note:
|
The Focal Point for Eswatini reported that the matter had been resolved. |
|
|
NTB-000-754 |
7.3. Corruption |
2017-07-01 |
Mozambique: Police checkpoint in Dondo |
Mozambique |
Resolved
2020-02-06 |
View |
|
Complaint:
|
A week or so ago one of the drivers got stopped at Dondo Check Point in Mozambique.
They told the driver that his International Driving Permit (AA) was fake.
We ended up having to pay a fine of 50,000 mts equating to $833.00. With administration charges we have paid out $1,026.00 (fine attached)
The AA have verified our Driving permit is actually not fake.
Attached the report from our agent in Beira of Beloma Mr. Dirk Dieltiens.
Attached his report and correspondence.
Attached the old and new Permit from AA and the letter confirming documentation is in good order. |
|
|
Resolution status note:
|
on 6 February 2020, SADC NTBs Focal Point advised that they had contacted the Mozambican Focal Pont who confirmed that the NTB was resolved. |
|
|
Products:
|
98 - 99: Service |
|
|
NTB-000-937 |
8.1. Government Policy and regulations |
2020-01-26 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2020-01-30 |
View |
|
Complaint:
|
Lamcast Refractories is a Manufacturing Company located in Redcliff, Zimbabwe. On the 26th of January 2020 we had an export to Zambia, transported via Chirundu border post. Upon arrival at the border our driver was advised through our clearing agent that the consignment needed a cross border permit.
Prior to the trip we had been advised by the VID in Zimbabwe and the Ministry of Transport that the vehicle that we are using is too small (5ton truck), and does not require a cross border permit because of its size and we were further advised that since the truck has yellow number plates it does not require a cross border permit. We were also advised that a cross border permit is issued to 15ton trucks and above of which our truck is a 5ton truck
Our driver has been at border since Sunday the 26th of January 2020 and up today 28/01/20 he has not been cleared on the Zambian side.
The driver had a hard time on both sides of the border because of the issue of the required cross border permit. What we were advised on the ground is different from what was encountered at the border.
May you kindly assist us on the way forward.
We have been exporting to Botswana via Plumtree border post since 2016, and we have never been asked to produce a cross border permit. The exports are being done using the same truck that we are using in Zambia. |
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|
Resolution status note:
|
Zimbabwe Focal Point reported that, the exporter took advice from Zambia Focal Point to seek assistance of Zambian Authorities at Chirundu border post who assisted him. The matter was therefore resolved. |
|
|
NTB-000-578 |
2.10. Inadequate or unreasonable customs procedures and charges |
2013-04-13 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs at kariba Border Post seized my goods: 12 off klorpoder 25 kg and 28 off micromatic plus all cleaning powders claiming that the prices on the invoice are not true. Invoice price for Micromatic was at $3 & $3.50 for klorpowder which are manufactured by Nemchem Zimbabwe .These prices can be verified with manufacturer, Contact Nemchem at + 263 774017418 |
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|
Resolution status note:
|
On 12 June 2013, Zimbabwe Revenue Authority reported that, the goods were seized in accordance with the Zimbabwe Customs and Excise Act (Chapter 23:02) which provides that an officer may seize any goods which he has reasonable grounds for believing are liable to seizure. The Act empowers the Commissioner to either unconditionally or subject to such conditions, whether as to the payment of a fine, order the release of any such goods from seizure or declare them forfeited. The client is therefore advised to make the required representations for possible release of the seized goods and submit them to the office though which the goods were seized stating all the facts relating to the seizure. Any decisions made can be appealed against up to until they reach the Commissioner-Generals office or even the courts to ensure transparency |
|
|
NTB-000-578 |
2.10. Inadequate or unreasonable customs procedures and charges |
2013-04-13 |
Zimbabwe: Kariba |
Zimbabwe |
Resolved
2013-06-13 |
View |
|
Complaint:
|
Customs at kariba Border Post seized my goods: 12 off klorpoder 25 kg and 28 off micromatic plus all cleaning powders claiming that the prices on the invoice are not true. Invoice price for Micromatic was at $3 & $3.50 for klorpowder which are manufactured by Nemchem Zimbabwe .These prices can be verified with manufacturer, Contact Nemchem at + 263 774017418 |
|
|
Resolution status note:
|
he Zimbabwe Customs and Excise Act (Chapter 23:02) provides that an officer may seize any goods which he has reasonable grounds for believing are liable to seizure. On the other hand the same Act empowers the Commissioner to either unconditionally or subject to such, conditions whether as to the payment of a fine, order the release of any such goods from seizure or declare them forfeited. The client is therefore advised to make the required representations for possible release of the seized goods and submit them to the office though which the goods were seized stating all the facts relating to the seizure. Any decisions made can be appealed against up to until they reach the Commissioner-Generals office or even the courts to ensure transparency. |
|
|
NTB-000-222 |
5.12. Export restraint arrangements |
2009-07-28 |
Zambia: Ministry of Trade |
Zimbabwe |
Resolved
2011-03-04 |
View |
|
Complaint:
|
Restriction of coffee exports and exports of paste detergents to Zimbabwe |
|
|
Resolution status note:
|
Zimbabwe reported that there are no more restrictions on these exports. |
|
|
NTB-000-222 |
5.12. Export restraint arrangements |
2009-07-28 |
Zambia: Ministry of Trade |
Zimbabwe |
Resolved
2011-03-04 |
View |
|
Complaint:
|
Restriction of coffee exports and exports of paste detergents to Zimbabwe |
|
|
Resolution status note:
|
Zimbabwe reported that there were no more restrictions on the export of coffee |
|
|
NTB-000-686 |
2.8. Lengthy and costly customs clearance procedures |
2016-03-10 |
Zimbabwe: Blantyre |
Malawi |
Resolved
2016-05-03 |
View |
|
Complaint:
|
We understand that as of 1st March, 2016 goods exported into Zimbabwe need a certificate of clearance from Bureau Veritas. The complaint (Nampak Malawi Limited) which has informed us that their goods destined for Bulawayo were inspected by Bureau Veritas on 10th March, 2016 on Nampak Malawi premises.
However, to date the company has not received clearance for the goods to be exported to Zimbabwe. |
|
|
Resolution status note:
|
On 22nd April 2016, Bureau Veritas confirmed that, having received an inspection request on 8 March 2016, the inspection of the consignment was done on 10 March 2016 and subsequently issued on 24 March 2016.However,because the certificate is only issued after payment ,it could not be immediately released on 24 March until after the Easter Holiday which began on 25 March 2016 and ended on 28 March 2016.
However,please note that Bureau Veritas has taken the necessary steps to improve the overall efficiency with regards to the issuance of CBCA certificates. Kindly note that we have developed alternative compliance routes(Registration or Licensing) where manufacturers can now get a Certificate of Conformity issued within 48 hours from the date of request. All Manufacturers are encouraged to apply for qualification under the Licensing Compliance routes.We also have a platform conformity. zimbabwe@bureauveritas.com which is a complaints resolution platform that is dedicated to also explain procedures,to give clarification and to immediately remedy any situation in a proactive manner. |
|
|
NTB-000-686 |
2.8. Lengthy and costly customs clearance procedures |
2016-03-10 |
Zimbabwe: Blantyre |
Malawi |
Resolved
2016-05-03 |
View |
|
Complaint:
|
We understand that as of 1st March, 2016 goods exported into Zimbabwe need a certificate of clearance from Bureau Veritas. The complaint (Nampak Malawi Limited) which has informed us that their goods destined for Bulawayo were inspected by Bureau Veritas on 10th March, 2016 on Nampak Malawi premises.
However, to date the company has not received clearance for the goods to be exported to Zimbabwe. |
|
|
Resolution status note:
|
Exporter recieved feedback |
|
|
NTB-000-129 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-07-26 |
Eswatini: Bordergate |
Botswana |
Resolved
2011-06-06 |
View |
|
Complaint:
|
A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT. |
|
|
Resolution status note:
|
The Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-129 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-07-26 |
Eswatini: Bordergate |
Botswana |
Resolved
2011-06-06 |
View |
|
Complaint:
|
A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT. |
|
|
Resolution status note:
|
Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-095 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Mozambique: Mozambique Revenue Authority |
Mauritius |
Resolved
2010-11-10 |
View |
|
Complaint:
|
Mozambique companies importing paints from Mauritius have to pay a percentage of the customs duty upfront and the balance settled when clearing the goods. |
|
|
Resolution status note:
|
Mozambique reported that the question does not constitute a nontariff barrier, the Customs following a procedure laid that allows the granting of early release upon bail in a maximum of 72 hours. Eventually may be delays in the clearing process, in that case is not the customs responsibility but the Clearing Agent. |
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