| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-000-590 |
7.1. Arbitrariness |
2013-05-16 |
Mozambique: Delegação Aduaneira de Machipanda (Road) |
South Africa |
Resolved
2014-03-17 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
UNACCEPTABLE PROCEDURE FOR ESCORTING VEHICLES, BY MOZAMBIQUE CUSTOMS
Mozambique customs at Beira should only require the escorting of vehicles between Beira and Machipanda, and return, under special circumstances, eg abnormal or high value loads. The decision to call for escorts is made by the head of customs in Beira.
However, the escorting process is not efficient and reasonable, viz:
• Escorting is called for randomly and often for trucks carrying normal cargo such as tobacco and sugar
• The escorting fee is high at USD100 per truck
• Delays are caused whilst customs waits for 3 or more trucks to be escorted together. Or they may wait until the next day to suit their convenience
• Often, a customs officer does not even travel with the vehicles, but goes in a separate vehicle to take the documents to the next check point. On occasion, the trucks have to wait at the next check point because the officer is not there with the documents
• It is suggested that the escorting fees are merely split up between the various officers.
Escorting should not be necessary since transit bond guarantees are in place and the route between Beira and Machipanda is simple, direct and short. Furthermore, there are several check points along the route. |
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Resolution status note:
|
The Mozambique Revenue Authority clarified that the referred escort fee of USD 100 was illegal. Mozambique Revenue Authority issued the Circular nº09/GD/DRC/2013, of 1st July, that has been published in all customs branches, and also uploaded onto the online system which states in summary that:
• The Fiscal Escort happens only and uniquely in the case of customs transit of high risk merchandise in terms of loss of revenue.
• In this case, Mozambique Revenue Authority will have to support the Escort expenses.
• It is prohibited to collect any values and deductions when this Escort is determined by customs. |
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NTB-000-565 |
8.1. Government Policy and regulations
Policy/Regulatory |
2013-02-05 |
Zambia: Copperbelt |
South Africa |
Resolved
2016-03-31 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
When a vehicle foreign to Zambia, enters that country and wishes to operate to the copperbelt, the driver has to identify the destination town and pay the relevant road user charge.
During the trip, after offloading, the transporter may wish to load at a different town on the copperbelt.
The driver then has to purchase additional road user charges to that town, from Ndola, which is the only town issuing rucs. The vehicle may not be going to Ndola.
This is very inconvenient and costly to the transporter. |
|
|
Resolution status note:
|
On 31st March 2016, Zambia Focal Point advised that it is mandatory for transporters to pay Road User Chargers in all cities in Zambia. This applies to the cited area (Kasumbalesa and Mufulira Mokambo) in the complaint posted. The charges apply during working days and over the weekend, transporters can only pay at the border post (Kasumbalesa and Mufulira Mokambo). Given this clarification, Zambia therefore recommended that this complaint be resolved. |
|
|
NTB-000-608 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2013-10-04 |
Zambia: Ministry of Transport, Works, Supply and Communications |
COMESA |
Resolved
2016-03-31 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Zambia is to introduce toll fees for all road users, on 1st November 2013.
The structure of the fees is detailed in the attachments.
The introduction is considered an unfair practice, since the tolls apply to foreign vehicles, and these vehicles pay road user charges on entry into the country.
The road user charges that the foreign vehicles pay (between USD10 per 100 kms and USD16 per 100 kms), are set to cover the road usage cost by the vehicles as they travel the country's roads.
The level of road user charges was recommended by COMESA, of which Zambia is a member.
Updated road user charges are being developed by the COMESA/EAC/SADC Tripartite and, when finalized, will be disseminated to member countries for their implementation.
Thus there is no justification for Zambia to introduce toll fees for foreign vehicles, as it is a duplication of the road user charges paid by them on entry into the country.
The added fees mean that foreign vehicles will be paying more than their fair share for road usage, and merely add to the cost of goods consumed in landlocked countries. |
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Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that Toll fees are charged once at the port of entry for road usage from one point to the other and back. Transporters are only charged extra if they divert from their original route. The toll fees are discriminatory. |
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NTB-000-618 |
7.1. Arbitrariness |
2013-12-06 |
Zambia: Nakonde |
|
Resolved
2016-03-31 |
View |
|
Complaint:
|
This complaint is registered by FESARTA.
Resolved NTB 514 refers, whereby ZAMESCO had been forcing transporters to park in its parking area at Nakonde border post, and pay a daily fee.
In April 2013, Zambia reported that this practice was no longer occurring and the NTB was considered resolved.
However, transporters report that ZAMESCO continues to force transporters to park in its area and pay an increased US$35 per day.
This is unacceptable. If trucks have to park at the border to await clearance, there should be free parking available. If they wish to use ZAMESCO's facility, it should be their choice. |
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Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that there was variety of parking at Nakonde Border which transporters can use. The situation where transporters were being coerced to park at ZAMESCO had been addressed. Therefore, given the availability of variety of packing spaces, Zambia advise that the transporters should explore and opt for best options available. Given this development, this complaint was considered resolved. |
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NTB-000-535 |
8.1. Government Policy and regulations |
2012-10-12 |
South Africa: Vioolsdrift |
South Africa |
Resolved
2014-04-10 |
View |
|
Complaint:
|
This complaint is registered by the Road Freight Association.
The South African Cross-Border Road Transport Agency is requiring cross-border permits for two vehicles to take one load from South Africa to Namibia.
One permit is required to take the load from Johannesburg or Cape Town to Upington, and another permit to take the load from Upington to Namibia.
The Truck taking the load from Johannesburg or Cape Town to Upington should not require a cross-border permit, since the transport is being done wholly in South Africa.
The CBRTA quotes the following excerpt from the Act: "“cross-border road transport” means the transport of passengers for reward or the transport of freight to or from the Republic crossing or intending to cross its borders into the territory of another state or in transit across the Republic or the territory of another state with a vehicle on a public road; (xv)"
If this clause means that two permits are required, then the clause must be changed.
In the meantime, a moratorium to remove the requirement for two permits, must be put in place. |
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Resolution status note:
|
On 10 April 2014, Namibia Focal Point reported that the explanation provided by South Africa Focal Point confirming that CBRTA was acting within the legal framework was adequate evidence to have this NTB resolved. This NTB is therefore resolved on the grounds that the CBRTA action was legal. |
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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. |
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NTB-000-458 |
2.8. Lengthy and costly customs clearance procedures |
2011-09-08 |
Botswana: Martins Drift |
Botswana |
Resolved
2012-12-11 |
View |
|
Complaint:
|
Time taken to clear both side, high cost of paid to clearing agents both sides and attitude of Botswana customs officials is a seriuos concern and a mojr NTB. What you encounter at boarders is inconsistant and contradicts what the government preaches in relation to SMME development. |
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Resolution status note:
|
Botswana reported that BURS is committed to ensuring that all procedures are standard, transparent and consistent at all times to all traders and are working hard to ensure that this is maintained. BURS are working hard on those issues to ensure efficient service delivery to all traders including SMMEs as they recognize the fact that they also contribute hugely to the growth of the country’s economy.
With regards to clearance, Botswana reported that, under normal circumstances, when one has all requirements in place, electronically processed customs declaration will be processed within 4 hours and manual declarations within 24 hours.
Clearing agents’ fees vary from agent to agent, however the average clearing fee for Imports is P650.00 and P450.00 for exports, this depends on mostly the weight, volume and type of commodity. These fees are set by the market. In order for the trader to be able to bypass the clearing agents they need to have registered for the ASYCUDA system with BURS, traders who trade at least every week and meet other mandatory requirements are given rights to use the ASYCUDA system. |
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NTB-000-174 |
1.1. Export subsidies
A82: Testing requirement |
2009-07-27 |
Malawi: Malawi Revenue Authority |
Malawi |
Resolved
2012-04-26 |
View |
|
Complaint:
|
Time taken to test products varies between five days for meat and poultry to ten days for batteries. The time factor and discretionary use of these services at the borders has lead to delays in the distribution. |
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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, Malawi reported that the delays could be attributed to the practice of some importers who do not obtain prior certification of products before importing. For importation of meat products, SPS certification has to be obtained from Ministry of Agriculture before importing to avoid delays at the border. The same applies to importation of batteries. Import permit must be obtained from ministry of Trade before importation. The meeting accepted Malawi’s submission to have this NTB resolved. |
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NTB-000-921 |
5.5. Import licensing requirements |
2019-04-01 |
Tanzania: TMDA |
Kenya |
Resolved
2020-08-10 |
View |
|
Complaint:
|
TMDA requires that registration of injectables be done per product instead of a pack size. The registration requirement increases cost of the products. |
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Resolution status note:
|
The RMC meeting held on 10 August 2020 was informed that Tanzania registers injectables per pack size as per the registration of pharmaceuticals regulation 5 subsection 6. Hence NTB is resolved |
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NTB-000-216 |
8.7. Costly Road user charges /fees |
2009-07-27 |
SADC |
Zimbabwe |
Resolved
2016-10-07 |
View |
|
Complaint:
|
Toll fees variation within the region hampers smooth transit of goods. Toll fees should be rationalised. |
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Resolution status note:
|
FESARTA reported that the NTB does not exist at present. |
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NTB-000-465 |
8.6. Vehicle standards |
2006-07-01 |
Zimbabwe: Makuti turn-off to Kariba, from Chirundu-Harare highway. |
Zimbabwe |
Resolved
2012-08-09 |
View |
|
Complaint:
|
TONNAGE LIMIT ROAD SIGN is still indicating retrictive tonnages. The sign should be removed to allow busses and small commercial trucks for traders to pass on Kariba Bridge. |
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Resolution status note:
|
Focal point reported that the Ministry of Transport removed the sign post in August 2012. |
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NTB-000-157 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-27 |
Kenya: Kenya Revenue Authority |
Tanzania |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Too much time is lost during cross border pre-shipment inspection and certification for Kenyan bound cargo. |
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Resolution status note:
|
At the NMC meeting held in Nairobi on 29 August 2011, Kenya reported that KRA is currently carrying out time release study to determine time taken at borders.
2. EAC is in the process of introducing OSBP. |
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NTB-000-948 |
2.6. Additional taxes and other charges |
2019-12-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
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Resolution status note:
|
The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme |
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NTB-000-925 |
7.4. Costly procedures |
2019-06-03 |
Tanzania: Namanga & Arusha |
Kenya |
Resolved
2020-09-10 |
View |
|
Complaint:
|
TRA cannot issue assessment for confectionery until Atomic Energy Certificate is attached in the system. This means samples have to be provided by agent / client to the Atomomic Energy in Arusha and a fee of 0.4% of invoice value paid. Samples from the whole country have to be sent to Arusha.
It then takes about 3-4 days for the certificate to be issued. The agent can then proceed with lodging the assessment after attaching the certificate in the system
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Resolution status note:
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The SCTIFI held in September 2020, noted that this is an operational Issue and should be resolved from the EAC Time Bound Programme |
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NTB-000-454 |
8.8. Issues related to transit |
2011-09-03 |
Tanzania: Central Corridoor,Tanzania |
Uganda |
Resolved
2012-04-26 |
View |
|
Complaint:
|
TRA has introduced check points in the Central Corridor with timeframes and imposed charges for the delays to reach the destinations |
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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, Tanzania reported that the time frame of clearance of Transit goods from the point of entry to the point of exit had been used as control measure to ensure that there was no divergence of transit goods into local markets. In the Central corridor there are 3 check points that is Missugusugu, Dumila and Isaka.
From all these check points it takes 5 days to across border. In the southern corridor there are also 3 check points and it takes about 3 days to cross borders. Tanzania launched Electronic cargo Tracking System (ECTS) on 12th March, 2012 which was expected to commence operations in June, 2012. With ECTS there will be no need for Time frame as the goods would be monitored electronically. The legal document was given to Rwanda |
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NTB-000-847 |
7.5. Lengthy procedures |
2018-09-28 |
Tanzania: Isebania |
Burundi |
Resolved
2018-11-16 |
View |
|
Complaint:
|
TRA is requiring escort for wines, spirits, and Palm oil destined to Burundi. This decision was not communicated to Burundi and Importers are expected to pay TZS 1,500,000 for this. |
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Resolution status note:
|
TRA reported that escorts have been discontinued.
NTB resolved |
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NTB-000-710 |
2.14. Other
Policy/Regulatory |
2016-04-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2017-10-24 |
View |
|
Complaint:
|
TRA offices close earlier (3.00 pm) than KRA Office hindering the Verification at Inland Container Deport (ICD) Nairobi |
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Resolution status note:
|
The Dedicated Session of Senior Officials meeting held in October, 2017 reported that both countries Kenya and Tanzania have harmonised the working hours. Hence the NTB is resolved. |
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NTB-000-521 |
2.3. Issues related to the rules of origin |
2012-06-20 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2013-04-10 |
View |
|
Complaint:
|
TRA rejects EAC certificates of origin . Tanzania Revenue Authority imposes a duty of 25% of EABL products exported to its subsidiary Serengeti breweries limited in Tanzania |
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Resolution status note:
|
At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool held from 9-10 April 2013 in Lusaka, Zambia, Tanzania reported that certificates of origin are now issued for all EAC products both ion the STR and normal exports. |
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NTB-000-543 |
6.7. Other |
2012-01-01 |
Zambia: Chirundu |
Zimbabwe |
Resolved
2016-03-31 |
View |
|
Complaint:
|
Traders are being forced to pay $20 each by the Immigration side of Chirundu if they bear same address of where they are going in Zambia yet they will just going for a day to buy whatever goods for trade, this kind of behaviour of immigration officers is disturbing out traders different from Zimbabwe side what they do to Zambians trading in Zimbabwe |
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Resolution status note:
|
On 31st March 2016, Zambia Focal Point reported that there is no law in Zambia that compels a trader to pay $20. In the event that a trader is asked to pay, they should request for an official government receipt which can be verified with Focal Points. |
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NTB-000-370 |
2.7. International taxes and charges levied on imports and other tariff measures |
2010-02-10 |
Zimbabwe: Revenue Authority |
Zambia |
Resolved
2011-07-28 |
View |
|
Complaint:
|
Traders of Plant materials, e.g., seeds are charged different rates by Zimbabwe at Victoria Falls Border post in Livingstone (US$20.00) from those charges by other countries e.g., South Africa (ZAR60.00) for each entry. |
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Resolution status note:
|
At the 9th meeting of the SADC Sub-committee on trade facilitation, Zimbabwe reported that the current charge of US$10 on issuance of SPS certificates is competitive in the region. There are no harmonized charges for SPS certificates in the SADC region. |
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