| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-124 |
2.3. Issues related to the rules of origin |
2023-05-01 |
Tanzania: Namanga |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
URT denial of preferential Treatment to Motorcycle Accessories exported to TZ by Silverline Accessories LTD in Kenya. URT is charging full CET despite the exported spares having the EAC Certificate of origin confirming that the spares have been manufactured in Kenya and qualify for the EAC preferential treatment. In addition, URT have declined to respond to interventions by the Kenya Revenue Authority and the EAC Secretariat.
We request URT to grant preferential treatment to Motorcycle Accessories exported by Silverline LTD in Kenya and incase URT have any doubts on the origin they should facilitate delivery of the goods and follow the ROO/protocal/EACCMA procedures to verify & ascertain their concerns. |
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Resolution status note:
|
The 45th SCTIFI meeting noted that a verification was undertaken whereby the headlamps, tail lamps, and indicators qualified for preferential treatment and are being granted preferential treatment in the United Republic of Tanzania as directed by the 44th SCTIFI. The side mirrors however that had not qualified in the first verification also qualified for preferential tariff treatment under Rule 4(1) (b) of the EAC Rules of Origin, 2015, since they met both criteria i.e. material content and Change in Tariff Heading (CTH) after a second verification. |
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|
NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
Resolved
2024-03-20 |
View |
|
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. |
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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" |
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NTB-001-138 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authroity |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
SCT TRA at the ICD Kenya is delaying approval of export documents causing costly delays and non-timely delivery of products to clients in URT.
To release the tuck took 5 days. We have an issue with TRA where the physical documents have to be submitted manually. Exporters lodges documents waits for release, goes back for BT and still for a movement sheet and this is an online thing you must wait.
In case the movement sheet is not transmitted, exporters submit again for retransmission.
There is always a long queue in the ICD-TRA office that consumes a lot of time for exporters to be attended to.
This back-and-forth process is delaying the export process.
1. We request URT to resolve the matter and grant timely approval of export documents.
2. URT should automate the approvals and avoid manual approval.
3. When the SCT system is down, there should be quick resolution and an agreed time to release goods manually.
We request for timely delivery of goods to avoid the costly delays caused by URT.
Truck loaded on 24/10/2023
25/10/2023-Submitted physical file to Tra, release denied we were told to provide ETR receipt and tax invoice
26/102023- Submitted the file with all new requirements, release denied again, that the tax invoice does not match with the invoice on the assessment documents, the assessment document was declared based on proforma invoice
27/10/2023-Submitted the file again and release was issued ,BT was declared and received the same day from the agent..
30/10/2023-submitted the file again movement sheet was generated.
TZNG-23-1438288 & TZNG-23-1437343
26/9/2023- The files for the above assessment documents were submitted to TRA at ICD
• TZNG-23-1437343 - release was issued.
• TZNG-23-1438288 -was asked to compare manifest and compared the same date.
27/9/2023- the files were submitted again at 11 am
• TZNG-23-1437343- nothing was done.
• TZNG-23-1438288- release was issued.
On 27/9/2023 at 3 pm the files were submitted again
• TZNG-23-1437343-Movement sheet was generated.
• TZNG-23-1438288-movement sheet was generated.
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Resolution status note:
|
The Secretariat advised that this issue is operational and was not considered as an NTB" |
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NTB-001-139 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
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1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
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Resolution status note:
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The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette" |
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NTB-001-189 |
1.8. Import bans |
2024-09-17 |
Malawi: Ministry of Trade & Industry |
Kenya |
Resolved
2025-03-10 |
View |
|
Complaint:
|
Malawi Ministry of Trade & Industry has introduced a new regulation for imports of sweets. Our customer applied for Import Permit 3 times and each time it was rejected. Our customer has tried every possible way however he has not managed. Malawi authorities are not giving the reason in writing. They have informed our customer verbaaly that because of the shortage of forex in Malawi, their superiors have informed them that they are not to issue the Import Permit for sweets. Also, there is a local manufacturer already making sweets so there is no reason to import.
This action has raised great concerns, as it contravenes the trade agreements under the Common Market for Eastern and Southern Africa (COMESA), to which both Kenya and Malawi are signatories.
We kindly request this issue be addressed promptly. |
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Resolution status note:
|
The Ministry of Trade and Industry granted an import licence to Manosalwa Food Industry on 10th March, 2025, for 31500 Cartons of Assorted sweets (Happy Mint, Fruit Drops, Cool Cow and Lollipops).
The licence was granted according to the quantity that was applied for. |
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NTB-001-205 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Busia |
Kenya |
Resolved
2025-04-29 |
View |
|
Complaint:
|
Uganda's denial of market access of biscuit and wafers manufactured and transferred into Uganda by Sunveat Industries of Kenya. Reason being that wheat flour materials supplied by Kenblest LTD benefited from imported wheat under Duty Remission Scheme (DRS) |
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Resolution status note:
|
Uganda advised that the NTB was resolved and attached the evidence of the movement of good |
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NTB-001-208 |
5.15. Other |
2024-05-01 |
Uganda: Fish protection unit |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Uganda is intercepting fish export from Kenya which is in transit to DRC on grounds that Kenya is transferring immature fish that is not accepted in Uganda.
The fish protection unit in Uganda opens the goods on transit in the sealed containers which is against the provisions of goods in transit. |
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Resolution status note:
|
The meeting also noted that Uganda had signed an MoU with Kenya on the movement of fish
The 38th RMC was informed that the NTB was resolved |
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NTB-001-211 |
2.13. Issues related to Pre-Shipment Inspections |
2024-10-01 |
Uganda: UNBS |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by UNBS. Where the institution refused to recognize PERMITS Issued by KEBS. Unfortunately, efforts to engage with border and Headquarters UNBS officials have not been fruitful because the manufacturer didn't receive any help insisting that Kenya manufacturers pay the destination Inspection fee despite products having standardization marks with harmonized standards.
UNBS demand that payments for destination must be done without any other documents issued by UNBS.
Additionally, it’s been a challenge getting sample receipts when UNBS pick samples for every consignment. Manufacturers would demand drivers to pay for lack of evidence of the huge samples taken by UNBS. Also clients receive less paid items due to samples collected by UNBS. This is unfair and has raised concerns to Kenya manufacturers and clients in Uganda.
Affected products include cosmetics products |
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Resolution status note:
|
EAC has Harmonized Standards for Furniture, but they are not exhaustive. The trader was transferring types of furniture falling in a category where no harmonized standard exists. In such circumstances the goods might be subject to retesting.
The meeting hence noted that this was not an NTB but an operational challenge and should be referred to the Committee on Standards for consideration. |
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NTB-001-212 |
2.10. Inadequate or unreasonable customs procedures and charges |
2024-10-01 |
Uganda: URA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by URA. Where the institution refuses to recognize the weights of export documents of the sealed goods, C2 and road consignment notes. Uganda usually issues notice of seizure for mis appropriation of weight across items. Unfortunately, efforts to engage with border officials have not been fruitful because the officers demand for 100% verification for all the consignments every time at the cost of the manufacturer. This is regardless the products being fragile and without good equipment to offload and load. At times the items brake causing loses to paid products.
All shipments to Uganda are subjected to 100% verification by URA, This has huge cost implications and delay in delivery of the goods. Some of the products affected include ceramic products - Close Couple Toilet, Basin and Pedestal. |
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Resolution status note:
|
The Senior Officials noted that it is a customs procedure to verify goods transferred and not an NTB. The meeting further emphasized the need for due consideration to be given considering the nature of the products which are fragile. |
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NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
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Resolution status note:
|
During the Sectoral Committee on Trade meeting Partner States agreed that the NTB be referred to the East African Standards Committee (EASC) for consideration. |
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NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
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Resolution status note:
|
During the Sectoral Committee on Trade meeting, Partner States agreed that this issue be referred to the East African Standards Committee (EASC) for consideration. |
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NTB-001-241 |
7.6. Lack of information on procedures (or changes thereof) |
2025-03-06 |
Kenya: Mandera |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Tanzania Revenue Authority officers do not seem to have RECTS seals, therefore, demanding for facilitation from transporters. The facilitation includes, Per diem, incidental allowance, in transit allowance and fuel for the government vehicles. |
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Resolution status note:
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The meeting noted that the complaint was administrative and should be referred to the Committee on Customs for consideration
The meeting noted that the trader did not pay the amount requested of them.
The NTB was referred to SCOC for consideration and resolution |
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Products:
|
6117.90: Parts of garments or clothing accessories, knitted or crocheted, n.e.s. |
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NTB-001-220 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Uganda Revenue Authorities |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Certificate of Origin Declined (Issues of RoO)
Uganda has declined to recognize the Certificate of Origin for chewing gum manufactured by Kenafric Industries transferred to M/S Glorre International Limited on concern that the manufacturing process does not exceed the provisions in Rule 7 of the EAC Rules of Origin, 2015. Kenya NMC suggests that the process involves the use of machinery and technical expertise. Therefore, the process of manufacturing chewing gum exceeds the provisions under Rule 7 of the EAC rules of origin. |
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Resolution status note:
|
The 38th RMC was informed by the Republic of Kenya that the NTB was resolved |
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NTB-000-047 |
2.3. Issues related to the rules of origin |
2007-05-29 |
Madagascar: Ministry of Trade |
Eswatini |
Resolved
2009-02-03 |
View |
|
Complaint:
|
Swaziland complained that the Government of Madagascar were not exempting import duties on Swaziland original goods (Madagascar Customs said Swaziland is not part of COMESA any more as of 1st February, 2007) |
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NTB-000-130 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Eswatini: Bordergate |
Eswatini |
Resolved
2011-06-06 |
View |
|
Complaint:
|
Lack of proper customs procedures and harmonization at the boarder posts. Customs regulations differ per individual officer, per border post , per country. There is no standard procedure of operation which is common to SADC countries |
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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. |
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Products:
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2004.90: Vegetables and mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid, frozen (excl. preserved by sugar, and tomatoes, mushrooms, truffles and potatoes, unmixed) |
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NTB-000-328 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-09-09 |
Eswatini: Revenue Authority |
Eswatini |
Resolved
2011-06-06 |
View |
|
Complaint:
|
The customs declaration system linking Swaziland Borders is not automated. |
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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. |
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NTB-000-329 |
2.13. Issues related to Pre-Shipment Inspections |
2009-09-09 |
Eswatini: Customs |
Eswatini |
Resolved
2010-07-28 |
View |
|
Complaint:
|
Swaziland borders are seriously understaffed and there is to control smuggling. |
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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. |
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NTB-000-332 |
2.3. Issues related to the rules of origin |
2009-09-09 |
Eswatini: Customs |
Eswatini |
Resolved
2010-07-28 |
View |
|
Complaint:
|
Delays have been experienced in the issuing Certificates of Origin |
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Resolution status note:
|
Swaziland reported that Customs Department issues certificates of origin for exports destined to US through AGOA and EU through Euro 1. The Trade Promotion Unit issues certificates for SADC and COMESA. Therefore there is need for clarity on which of these institutions is causing delays. |
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NTB-000-132 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-07-26 |
South Africa: South Africa Revenue Services |
Eswatini |
Resolved
2012-04-26 |
View |
|
Complaint:
|
South Africa is charging a fine of E1000.0 per set of customs documents for documents not acquitted within a month. |
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Resolution status note:
|
At the 3rd meeting the Tripartite NTBs Focal Points and NMC Chairs held in Dar -es-Salaam on 19-20 April 2012,South Africa reported that this is a standing transit regulation. Swaziland and South Africa agreed that South Africa would provide the regulation for distribution to stakeholders. It was therefore resolved that the NTB be considered resolved. |
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NTB-000-121 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Seychelles: Customs |
Eswatini |
Resolved
2011-06-03 |
View |
|
Complaint:
|
There is total lack of consistency in the application of customs procedures at all clearing offices. |
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Resolution status note:
|
Seychelles reportd that the situation has much improved with ASYCUDA++ |
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