Resolved complaints

Showing items 721 to 740 of 925
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-001-037 1.7. Discriminatory or flawed government procurement policies 2018-03-01 Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES Kenya Resolved
2022-11-03
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Complaint: Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.

Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.

URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.

This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
 
Resolution status note: During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme.  
NTB-001-114 1.7. Discriminatory or flawed government procurement policies 2023-02-01 Uganda: URA Kenya Resolved
2024-03-09
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Complaint: Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.

Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back.
 
Resolution status note: The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 )  
NTB-001-137 1.7. Discriminatory or flawed government procurement policies 2023-09-04 Rwanda: Rwanda Revenue Authority Kenya Resolved
2024-03-20
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Complaint: Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya

The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda.
 
Resolution status note: Rwanda advised that " According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectioneries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn"
 
NTB-001-283 1.7. Discriminatory or flawed government procurement policies 2025-07-07 Tanzania: TRA Kenya Resolved
2026-02-05
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Complaint: Tanzania imposition of discriminatory EXCISE DUTY OF TZS 400/KG on exports/Transfers that hinders ON SAFETY MATCHES export from Kenya into Tanzania. The same is not subjecting to SAFETY MATCHES manufactured in Tanzania.  
Resolution status note: The REC Focal point advised that this matter is in the courts therefore cannot be considered as NTB.  
NTB-001-350 1.7. Discriminatory or flawed government procurement policies 2026-02-02 Rwanda: RRA Kenya Resolved
2026-05-07
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Complaint: Introduction of discriminative excise duties of 35% by Rwanda to Kenya confectionary, not subjected to local manufacturers in Rwanda.  
Resolution status note: During the 40th RMC Kenya informed the meeting that the Excise duty was removed and NTB was resolved.  
NTB-000-681 7.2. Discrimination
Policy/Regulatory
2015-10-12 Uganda: Malaba Resolved
2016-06-30
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Complaint: Uganda discriminatively imposed a 10 percent duty on Kenya manufactured Laundry bar soaps.  
Resolution status note: At he 21st EAC NTBs Forum, Uganda reported that the 10% charged is Excise duty on cosmetics and soaps.
The NTB was resolved upon receipt of the statutory instrument from Uganda.
 
NTB-000-974 7.2. Discrimination
Policy/Regulatory
2020-05-02 Kenya: Tanzania Resolved
2021-06-10
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Complaint: Kenya recently enacted the Business Law (Amendment) Act, 2020 which amended the Excise Duty Act, 2015 (the Excise Duty Act) by imposing excise duty on imported glass bottles (excluding glass bottles for packaging pharmaceutical products) at a rate of 25%, with effect from 18 March 2020. This amendment will result in an increase in the cost of imported glass bottles as compared to glass bottles which are locally manufactured in Kenya.  
Resolution status note: TheRepublic of Kenya issued an administrative note to implement the Court injunction on the Kioo case and the NTB was resolved .  
NTB-001-068 1.9. Determination of eligibility of an exporting country by the importing country
Policy/Regulatory
2022-06-16 Kenya: Ministry of Agriculture, Livestock, Fisheries and Cooperatives. (State Department of Livestock0 Directorate of Veterinary Services Tanzania Resolved
2023-02-20
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Complaint: Happy sausage Ltd is meat processing company based in Arusha Tanzania. The company produced various types of sausages (fresh, smoked, cooked, fermented), bacon, harm, fresh, beef, lamb, pork and chicken. The company wanted to export its products in Republic of kenya. The company was advised to apply to the government of Kenya for ana import permit of meat and meat products sourced from Tanzania , particulary from its Arusha facility. The application letter is attached for easy reference. The DVS (Kenya) replied to the application through letter with Reference No. MOALF/SDL/DVS/VPH/GEN/54 dated 29th March, 2022 by citing key requirements for meat importation into Kenya(those guidelines included in the letter).

The company complied with all requirements . The dully filled risk assessment questionnaires was submitted to DVS (Kenya)on 12th April 2022 ( the questionnaires is attached for reference) . What remains undone is for the DVS (Kenya) to send staff to Tanzania to Inspect the slaughter and meat processing facility in Arusha. We humbly request the DVS (Kenya) to send its staff to inspect the facility so that to allow the the company to export meat and meat product in Kenya.
 
Resolution status note: The Regional meeting was informed that the DVS of Kenya looked at the risk assessment questionnaire submitted by Happy sausage ltd and approved their import permit. The issue was administrative and was resolved.  
NTB-001-148 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-23 South Africa: Durban sea Port Lesotho Resolved
2024-05-31
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Complaint: Pls kindly see below containers that are to be stopped by SARS.
1. MSKU0755208(Case No.: 480816390), vessel will berth on 27/11
2. MRKU3124436(Case No.: 480819630), vessel will berth on 27/11
3. NYKU4442550(Case No.: 480020360), vessel will berth on 3/12
4. BSIU9818016 (Case No.: 480069900),vessel will berth on 3/12

As you know all vessels delayed so long more than 1 month. Our productions are waiting for the materials. We urgently need all the materials for the garments of export. Pls urgently help to release all these containers.
Highly appreciated
 
Resolution status note: Lesotho Focal Point reported that the NTB had been resolved successfully  
Products: 6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted  
NTB-001-149 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-24 South Africa: Durban sea Port Lesotho Resolved
2024-04-04
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Complaint: Pls see below container No. which is to be stopped by Sars.
RSU6006851 Case No.: 480928296 Vessel will berth on 27/11

As you know all vessels in Durban delayed so long more than one month. There are Fabric and Accessaries in this container. We urgently need the Fabric and Accessaries from our import containers for export. Pls kindly urgently help to release the container.
Highly appreciated
 
Resolution status note: Good day,

This issue is resolved. Kindly mark it as resolved.

Kind Regards,
Rendani
 
Products: 6003.30: Knitted or crocheted fabrics of synthetic fibres, of a width of <= 30 cm (excl. those containing by weight >= 5% of elastomeric yarn or rubber thread, and pile fabrics, incl. "long pile", looped pile fabrics, labels, badges and similar articles, knitted  
NTB-001-150 1.9. Determination of eligibility of an exporting country by the importing country 2023-11-12 Lesotho: DURBAN PORT South Africa Resolved
2024-05-31
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Complaint: THERE IS QUERIES IN REGARDS TO THE FABRIC AND BEING INSPOECTED, BUT NO RESULT HAS BEEN OUT FROM SARS SINCE A LONG TIME  
Resolution status note: Lesotho Focal Point reported that the NTB had been resolved successfully  
NTB-000-083 2.5. Decreed customs surcharges
Policy/Regulatory
2009-07-23 South Africa: Ministry of Agriculture Mozambique Resolved
2010-11-22
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Complaint: South Africa imposes surcharges on various agricultural products.  
Resolution status note: South Africa reported that the Marketing Of Agricultural Products Act of 1996 (MAP Act), as amended, provides for the establishment of statutory measures, namely statutory levies, control of exports of agricultural products, records & returns, and registration  
NTB-000-061 8.7. Costly Road user charges /fees
Policy/Regulatory
2009-07-22 Zambia: Ministry of Transport Zimbabwe Resolved
2011-05-23
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Complaint: Zambia has increased its carbon tax and is now charging US$40 per trip instead of US$40 per annum  
Resolution status note: Zambia reported that she does not charge US$ 40 per trip but charges US$40 per every three (3) months and during that period payment is made only once regards less of how many trips are made until the three months expires.  
NTB-000-115 8.7. Costly Road user charges /fees
Policy/Regulatory
2009-07-26 Botswana: Ministry of Transport South Africa Resolved
2011-01-10
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Complaint: Botswana charges very high road levies.  
Resolution status note: Botswana reported that Botswana charges road levies on entry to Botswana at the border only. Road levies are used for road maintenance in Botswana, and are only paid once at entry point.  
NTB-000-116 8.7. Costly Road user charges /fees 2009-07-26 Malawi: Ministry of Transport South Africa Resolved
2012-04-26
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Complaint: Malawi charges very high road leivies  
Resolution status note: At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs,Malawi reported that it was difficult to get further information from the complainant as this was uploaded before the online system allowed complainants to provide their contact details. However, Malawi would consult with the Ministry of Transport to gather all the transport related charges and upload them on the NTB website, for transparency. It was resolved that this NTB could not be processed for now until such time South Africa provides adequate information on the complaint. In the meantime, the NTB would be considered resolved, until the agreed information is made available. South Africa requested that the NTB be transffered to the section for resolved NTBs of policy and regulatory nature since the regulations are in place in Malawi.  
NTB-000-216 8.7. Costly Road user charges /fees 2009-07-27 SADC Zimbabwe Resolved
2016-10-07
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Complaint: Toll fees variation within the region hampers smooth transit of goods. Toll fees should be rationalised.  
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-062 8.7. Costly Road user charges /fees
Policy/Regulatory
2009-07-22 Zambia: Ministry of Transport Zimbabwe Resolved
2011-02-05
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Complaint: Zambia is now demanding a carbon tax of US$40 per trip instead of the previously charged US$40 per annum.  
Resolution status note: Zambia does not charge US$ 40 per trip but charges US$40 per every three (3) months and during that period payment is made only once regards less of how many trips are made until the three months expires.  
NTB-000-379 8.7. Costly Road user charges /fees
Policy/Regulatory
2010-02-19 Democratic Republic of the Congo: Kasumbalesa Namibia Resolved
2016-10-07
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Complaint: DRC is charging exorbitant fees which are not in line with SADC and COMESA harmonized fees.From 01/02/10 DRC did not reduce their tolls they instead greatly increases
them. Road tolls in DRC are about 15 ( 1500 % ) times greater than the SADC
recommended. Today a foreign transporter entering DRC at Kasumbalesa going to Tenke
Fungurume mine ( 300 kms each way ) is subject to the following tolls and
fees (distance of 300 kms into DRC and 300 kms out of DRC): Road toll Kasumbalesa/Lubumbashi return $ 300 ; Road tolls Lubumbashi/Likasi return $ 300; Road tolls Likasi/Tenke return $ 150 ; Government tax $ 50 ; Fumigation Fees $ 50 ; Card entry $ 15 ; Tourism/Vaccination fees $ 35 ; Visa for truck $ 25 ; Break bulk fees $ 20. Total cost to the transporter in Fees and Tolls is $ 945. That works out at $
157.5 per 100 kms. The SADC agreed is $ 10 per 100 kms.
 
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-355 8.7. Costly Road user charges /fees 2010-02-10 SADC Namibia Resolved
2012-06-15
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Complaint: Bond registration fees are excessively high in all SADC countries. Especially when cargo transits in two countries the bond registration fees become a constraint.  
Resolution status note: The 10th meeting of SADC Committee on Trade facilitation held on 14-15 June 2012 noted that the issue of bonds is normally managed by private sector, mostly banks therefore commercial rates would prevail. It was also noted that
within the SADC Customs work programme, there is work to facilitate single transit bond, the result of which should be
ready by March 2013. This NTB was therefore considered resolved on grounds that bond registration fees are cahrged at market rates.
 
NTB-000-162 8.7. Costly Road user charges /fees 2009-07-27 Tanzania: Ministry of Transport Tanzania Resolved
2011-07-28
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Complaint: Registration and accreditation of transporters is too high, (Charge is USD 10,000 per company so that only capable and serious transporters are registered)  
Resolution status note: Tanzania Revenue Authority reported that TRA is responsible for issuing the transporter license and that the fees is only Ks 20 000.  
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