Resolved complaints

Showing items 661 to 680 of 855
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-000-821 6.5. Variable levies
Policy/Regulatory
2017-02-21 Zambia: Zambia Revenue Authority Kenya Resolved
2019-08-21
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Complaint: On 20th and 21st February 2017, Zimbabwean and Kenyan companies involved in distribution of tilapia into Zambia reported that the Government of Zambia had enacted the Customs and Excise Amendment Act number 47 of 2016 effective 1 January 2017.The amendment imposes a surtax of 5% on all imported goods that are produced or manufactured in Zambia. The surtax was meant to encourage local sourcing of inputs for the manufacturing sector in order to reduce the cost of production.  
Resolution status note: Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019. Zambia informed Kenya that the measure is under review and has also affected domestic companies and therefore does not violate the national treatment principle. Thus it should not be reported as an NTB.  
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-000-839 2.3. Issues related to the rules of origin 2018-01-04 Uganda: Busia Kenya Resolved
2018-11-16
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Complaint: LACK OF PREFERENTIAL TREATMENT ON CONFECTIONERY PRODUCTS FROM KENYA BY UGANDA  
Resolution status note: A verification was done and Uganda implemented the recommendations of the verification mission.  
NTB-000-842 2.3. Issues related to the rules of origin 2018-10-01 Uganda: Border Kenya Resolved
2018-11-16
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Complaint: Steel products transferred to Burundi from Uganda and Kenya.
Burundi does not offer preferential tariff treatment to metal products transferred from Uganda and Kenya.
 
Resolution status note: The NTB 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-000-848 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-000-852 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-000-853 2.3. Issues related to the rules of origin 2017-05-05 Uganda: Busia Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of paper sacks manufactured in Kenya and transfered to Uganda
 
Resolution status note: This NTB was resolved by the Committee on Customs. The Meeting recalled that the matter was considered and resolved that URT grants preferential treatment on paper sacks. The Meeting agreed that paper sacks should be granted preferential market access.

The matter was resolved.
 
NTB-000-859 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2017-11-28
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Complaint: Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants  
Resolution status note: During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
NTB-000-859 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2017-11-28
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Complaint: Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants  
Resolution status note: The NTB was resolved by SCTIFI meeting of November 2017  
NTB-000-860 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Resolution status note: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
The issue was resolved by the Customs Committee.
 
NTB-000-861 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Lack of Preferential treatment of textiles and apparels products from Kenya when exported into Tanzania  
Resolution status note: During the bilateral meeting that took place in January, 2018, the two Partner States agreed as follows:
i) Kenya will review the Stay of Application with the view of terminating it by end of June 2018.
ii) The United Republic of Tanzania will review the decision to place tariffs on Kenyan textiles with view of giving relief to manufacturers operating outside EPZ by 30th June 2018.
The stay of application by Kenya ended on 30th June, 2018 and there was no extension for the same. Republic of Kenya through her letter ref.EAC/5/16/3/Vol.9(130) dated 22nd August, 2018 reported that United Repubic of Tanzania is denying preferential tariff treatment on textiles.
The issue was resolved by CoC
 
NTB-000-864 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2024-11-23
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Juices products Kenya reported that the Juices are still charged 13% excise duty.  
Resolution status note: The 42nd SCTIFI noted that as per the new Act by the Republic of Uganda the charges have been removed and hence the NTB resolved.The meeting noted that the Republic of Uganda will provide a copy of the Act for the NTB to be treated as resolved.  
NTB-000-865 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2018-11-16
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others cigarettes.  
Resolution status note: The NTB on Cigarettes was resolved based on the EACJ ruling (Application 13 of 2017 arising from Ref 7 of 2017 issued on 25th Jan 2018: BAT (U) Ltd vs AG Uganda)  
NTB-000-867 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2018-11-16
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Complaint: Lack of preferential treatment of hats and other headgear, hand knitted and crocheted by Vajas Manufacturers Ltd in Kenya and transfered into Uganda.  
Resolution status note: Uganda had reported that the Company manufacturing them was under duty remission regime and hence should attract full CET.
But then Uganda confirmed that the company is not on duty remission and the Uganda Revenue Authority started granting preferential Treatment.
 
NTB-000-868 2.3. Issues related to the rules of origin 2017-11-17 Tanzania: TRA Kenya Resolved
2018-11-16
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Complaint: It takes more than 14 days to resolve complaints relating to uplifting of invoice values where TRA officers decide to increase the value of the goods. This should take a maximum of two days to complete the process.  
Resolution status note: The NTB was discussed during the Bilateral meeting between Kenya and URT that was held in September, 2017 and the PSs agreed that it is an operational issue that can be easily raised and addressed between the KRA/TRA on case by case basis. The matter was resolved  
NTB-000-864 2.3. Issues related to the rules of origin 2017-11-17 Uganda: URA Kenya Resolved
2024-11-23
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Complaint: Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Juices products Kenya reported that the Juices are still charged 13% excise duty.  
Resolution status note: The 45th meeting of SCTIFI was informed that the Uganda Law that was referring to EAC Partner States’ goods as imports; hence imposing an NTB was revised to remove the discriminatory section.
However, during the Sectoral Committee on Trade, Republic of Kenya indicated that despite the NTB being resolved, goods from Kenya are still being charged excise duty of 12% by Uganda while the Act provides for an excise duty of 10% and requested the Republic of Uganda to charge excise duty of 10%.
The Republic of Uganda informed the meeting that since the amendment of the Law Uganda is charging 10% and requested for evidence on the products that are charged 12% which Kenya committed to share accordingly.
 
NTB-000-870 8.8. Issues related to transit 2017-05-05 Tanzania: Namanga Kenya Resolved
2018-11-16
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Complaint: Kenya is facing challenges with the delays in verification of perishable goods namely industrial gases and milk products. Industrial gases are exported in liquid state but they very quickly evaporate into gas if the export trucks are left out in the open sun for more than 48 hours. Also, milk is a sensitive product which if not preserved in conducive environment it will get spoiled therefore, should be treated as perishable products under special clearance.  
Resolution status note: The NTB was resolved by the CoC.  
NTB-000-871 2.3. Issues related to the rules of origin 2017-05-05 Tanzania: Namanga Kenya Resolved
2017-11-16
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Complaint: Lack of preferential treatment to Kenyan products especiallly edible oils and lubricants  
Resolution status note: During the bilateral between Kenya and URT in January 2018, It was agreed that TRA will carry out verification on the rules of origin for lubricants, edible oil and cement. The verification will be undertaken by 31st March 2018.
Where the certificate of origin is queried, the custom administration should call for a bond as security of the goods until the verification exercise is complete. The Extra Ordinary SCTIFI that sat in February, 2018 directed that the EAC Secretariat coordinates a verification mission on edible oils, cement, lubricants in Kenya by 31st March 2018. URT reported that the verification could not be undertaken due to financial shortcomings. URT committed to undertake the consultation since this matter has financial implications. A verification was undertaken from 18th to 23rd June,2018 and the findings were communicated to all Partner States for implementation.
Kenya reported that URT has not complied with the recommendations of the Verification
Tanzania reported that she complied with the recommendations of the Verification except for products under Rule 11 (Sepration of materials) of the EAC Rules of Origin. Kenya reported that the NTB for Lubricants & edible oils has been resolved.
 
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