Resolved complaints

Showing items 721 to 740 of 763
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
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Reporting country or region
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EAC
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Status Actions
NTB-000-954 2.8. Lengthy and costly customs clearance procedures 2020-04-03 Zambia: Livingstone Resolved
2020-05-13
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Complaint: Challenges were experienced at the Livingstone and Chirundu borders of Zambia we have experienced which led to disruptions of Coca-Cola supply chain network. Although their business has been classified as an essential goods provider in all their markets across the SADC region (and therefore hoped to benefit from the provisions put in place to enable the continued free flow of these designated goods) they have experienced challenges. In Zambia they have been impacted by the implementation of a unique control measure, the “Relay System”, which blanketly requires all foreign truckers to hand over their vehicles to local drivers at the border who continue the journey into Zambia. Their main challenge is that some of the cargo only transits through Zambia enroute to other countries and this system has caused extensive delays of transit cargo flow. There is also risk that these measures may lead other SADC countries to follow suit and adopt a similar system.  
Resolution status note: During the Consultative meetings between Zambia NMC and border agencies, it was reported that the issue of relay drivers is not policy by the Zambia Government ad that the confusion might have arisen due top COVID -19 pandemic requirements. Zambia has put in place efficient testing and screening facilities and drivers meeting the COVID- 19 requirements are allowed to proceed to their destinations  
NTB-000-951 Quarantine for All Truck drivers 2020-04-05 Zambia: Kazungula Ferry Zimbabwe Resolved
2020-04-10
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Complaint: Zambia imposeS a mandatory 14 day quarantine for all truck drivers entering Zambia during the covid 19 pandemic. From 28 March 2020, drivers using the Kazungula Ferry border post were detained at Kazungula border post and later moved to different sites in Lusaka such as UNZA. It is not clear whether all drivers were screened at the border post to establish if they showed symptoms COVID 19 . All driver are being quarantined including drivers without COVID 19 symptoms. This is not in line with SADC guidelines that stipulates that Member states will undertake initial screening and only quarantine those that show symptoms of COVID 19.

Zambia should have notified all SADC member states of their mandatory quarantine period in advance as required by the WTO Agreement on Trade Facilitation and WHO Interim Guidance on Quarantine of individuals in the context of the containment of corona virus disease (COVID-19) so that traders could plan accordingly. Zambia ambushed traffic in transit.

Zambia should implement the SADC guidelines which were recently adopted.
 
Resolution status note: On 19 Appril 2020, FESARTA reported that all drivers under quarantine have since been released.

Also Zambia has now produced a COVID - 19 Guidelines on Screening for Trucks carrying essential commodities. At certain Zambian border posts such as Vic Falls, Kazangula, Chinade and Chipata drivers are required to be screened and tested for COVID-19, meaning that they are quarantined until the test results are available and if negative for COVID-19 are released to proceed and deliver the cargo to the final destination, if they test positive they are quarantined for 14 days and the transporter must send another driver to replace the quarantined driver to deliver the load. Other border post such as Chirundu, Kasumbalesa and Nakonde, drivers are screened for temperatures and if no symptoms they are allowed to proceed and deliver the cargo to the final destination.
 
NTB-000-962 5.4. Quotas 2020-04-07 South Africa: International Trade Administration Commission of South Africa (ITAC) South African Revenue Services (SARS) Resolved
2020-11-26
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Complaint: Export permits were identified by participants as a major issue in South Africa but not an issue outside South Africa. To apply for an export permit, a company engaging in international trade concurrently applies for the export permit approval from the International Trade Administration Commission of South Africa (ITAC), Department of Trade, Industry and Competition (DTIC) and the National Department of Health (NDOH). Once approved by DTIC and NDOH, ITAC provides the exporter with a permit. Once the permit is issued by ITAC, the exporter will send the permit approval to South African Revenue Services (SARS) to issue a customs clearance for export to take place. However, one could have an ITAC permit and not have a SARS customs clearance. Without the SARS clearance, medicines will not be exported.

The issue of export permits is discussed in detail below:

1. Due to the COVID-19, South Africa restricted the export of pharmaceutical products to meet domestic demand. While the objective to meet domestic demand is noble, the challenge is that some medicines limited to export permits are unrelated to COVID-19.
2. Also, application forms keep changing even after engagements with stakeholders with the export products restricted under a single HS code.
3. Another challenge is that essential medicines that are exempt from export permits are subject to export permits. This violates SADC regional guidelines for harmonising and facilitating movement of critical goods and services across the region during the COVID-19
4. Products that are readily available locally are also subjected to export permits (the exception being countries in the Southern Africa Customs Union-SACU). This in turn restricts movement of lifesaving medicines to needy markets and affects company profitability.
5. Participants also highlighted frustration with the slow approval of permits (although it is improving) in South Africa by the International Trade Administration Committee (ITAC), South Africa’s Department of Trade and Industry which is received in a fragmented fashion, resulting in delays, thereby putting products at risk.
6. The above challenges on export permits in South Africa were confirmed by a participant from Mauritius. According to the participant, his company has been unable to order new stock from South Africa since March 2020. Their stock has been depleted due to delays in issuance of export permits by ITAC.
7. Lastly, participants also expressed their frustration with the slow processes by the SARS in processing customs clearance of export permits and noting that the requirements are changing on a regular basis without proper notice.
 
Resolution status note: Following a series of meetings organised by the SADC Business Council and subsequent follow-ups with the Department of Trade Industry and Competition (DTIC) in South Africa, the DTIC on 26 November 2020 amended the COVID-19 export control regulation issued in February 2020 which removed, with immediate effect, the restrictions on export of essential
medicines for SADC countries.
 
NTB-000-955 1.14. Lack of coordination between government institutions 2020-04-08 Zambia: Chirundu Resolved
2020-05-14
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Complaint: Zimbabwean clearing agents are stopped by Zambian security agents from driving across to Zambian side to perform Zimbabwean exit formalities (this is contrary to the OSBP arrangement).
 
Resolution status note: During the border verification mission by Zambia national Monitoring committee held on 11- 12 June 2020, both Zambia and Zimbabwe border agencies reported that they had put in place a temporary measure whereby a list of Zimbabwean clearing agents doing business during the COVID-19 Pandemic was prepared and shared between Zimbabwe and Zambia. NTB was resolved by this temporary measure  
NTB-000-956 2.8. Lengthy and costly customs clearance procedures 2020-04-08 Zambia: Chirundu Resolved
2020-05-31
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Complaint: There are daily delays of truck movement due to customs clearing delays by Zambian authorities. Trucks are made to queue on the Zimbabwean side of the border whilst Zambian procedures are being done. The queue on the Zimbabwean side is almost permanent and sometimes stretches up to 10km along the road. Drivers have no ablution and other facilities in the process (health challenges).
The fight against the covid-19 disease is severely affected adversely by this development. In addition to this the trucks are exposed to thieves and wild animals. Clearing agents Zimbabwe transit bonds are also held up pending exit of the trucks.
 
Resolution status note: Zambia NTBs national monitoring Committee undertook a verification mission to Chirundu Border post on 11- 12 June 2020 to ascertain the degree of the problem and recommend way forward. The mission found out that all border agencies were overwhelmed by the increase in the volumes of traffic due to the COVID-19 Pandemic which caused traffic to be diverted from other borders e.g Kazungula Ferry to Chirundu . Following submission of this complaint the Zambia and Zimbabwe put in place the following temporary measures to adress the matter:
1. Increased working hours from 16 hours a day to 24 hours a day;
2. Introduction of an additional lane to fast track the flow of essential goods such as fuels, food medical supplies and medical equipment;
3. Truck drivers are allowed to park their trucks outside the Common Control Zone (CCZ) before undergoing health screening at the passenger terminal in order to decongest the border area; and
4. Introduction of processing of exports in-land to reduce the amount of time spent by the truck drivers at the border.
These measures cleared all the trucks in the ques therefore the NTB was resolved
 
NTB-000-961 8.8. Issues related to transit 2020-04-24 Tanzania: Benaco and Rusumo. EAC Resolved
2020-05-20
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Complaint: An incident with truck drivers in Benaco, Tanzania, who prevented cargo trucks destined for Rwanda to cross the border in protest against the new guidelines issued by the Government of Rwanda on 24th April 2020 on the movement of goods and services through Rwanda borders to prevent the spread of COVID-19 Pandemic. The same time, at Rusumo border, movement of goods and services were stopped.  
Resolution status note: This NTBs was resolved bilaterally between Rwanda and Tanzania.  
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-001-008 2.2. Arbitrary customs classification 2020-05-05 Zambia: Ministry of Livestock and Fisheries South Africa Resolved
2022-10-10
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Complaint: Nestle is facing Product classification challenges in the Zambian market involving imitation products that are not dairy who are classified as dairy and face similar penalties that dairy products face. This product in question is Cremora which is classified by the authorities as a dairy product. However, CREMORA is a non-dairy creamer. To this effect, the request is to consider CREMORA for exemption from the dairy category of definition and profile of the product.  
Resolution status note: A bilateral meeting between the two countries was held on 10 October wherein Zambia, informed that the NTB was resolved. Nestle was issued with an exemption letter which allows it to export CREMORA as a non-dairy product to the Zambia market. To close the matter, NESTLE would write a letter to the Zambia Revenue Authority (ZRA) requesting a change in the tariff code. The Ministry of Industry (Zambia) would also write another letter to ZRA in support of Nestle’s proposition  
NTB-000-958 8.6. Vehicle standards 2020-05-20 Mozambique: Dondo Weigh Bridge -19.578854, 34.728999 Resolved
2022-10-20
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Complaint: The road block/weigh bridge at Dondo on the N6 approx 40km North West of Beira has been mentioned before on this portal as a non tariff trade barrier.

On 20th May 2020 our empty Zambian registered vehicle was stopped by said authorities and charged the equivalent of USD 300 (MT 20,000) for not having a sticker on the truck indicating the GVM and Tare. This is not the first time this has happened, the fines vary upwards from a USD 50 'warning'. Until now we have never been provided with any form of receipt.

According to Decree 1/2011 of 23 March The Road Traffic Code, Article 142 - Fine 1. Offences set out in thie Code for which no penalty has been set, are punishable by a fine of MT 500. This brings to question a fine of MT20,000.

Zambian Law does not require the GVM/Tare etc of the vehicle to be shown on the outside of the vehicle. As with all SADC nations, you are required to have a manufacturers plate indicating this and other information (refer VLM - MOU SADC - EAC - COmesa - Final - Feb 2017 page 27. Member states are bound to recognise the soveriegnty and legalty of a foreign states Certificate of Fitness and in such the fact that this sticker is not required on a Zambian vehicle should be respected.

The fine that was issued is not receipted on the proper document. Neither are these officials empowered to issue a fine as it has to be completed at a Police Station where an Official Receipt in issued on an A4 Sized Page.

Reference to the article/decree refered to 67/1 cannot be found (except that relevants to travel on level crossings) and has presumable been replaced by the Decree 1/2011 of 23 March The Road Traffic Code where no mention of this sticker is made.
 
Resolution status note: Mozambique reported that the notice of fine issued on the Dondo Bascula to the driver Mbewe Clevery, should not be dealt with under the Traffic Code, since in Mozambique, the lack of an indicative record of Gross Weight and Tare vehicle is provided for in article 67 of the Regulation for the Transport of Motor Vehicles and Trailers (RTVAR) and is sanctioned with a fine of MZM 10,000.00 and not MZM 20,000.00 as mentioned by the Traffic Agent who issued the fine. Fines for non-compliance with RTVAR rules are listed in Annex VII, pursuant to 1 of article 134.
In cases where there are irregularities in the drawing up of the infraction notice, paragraph 3 of article 134 of the RTVAR gives the driver the right to file a complaint with the National Institute of Land Transport (INATTER) within 15 (fifteen) days from the date of issue of notice. The complainant does not provide any proof of payment, which makes it uncertain whether he paid it or not.
Steps will be taken to improve oversight at this scale and across the Corridor. Contact telephone numbers will be available at weighbridges and checkpoints for clarification and complaints.
 
NTB-000-963 2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory
2020-06-01 Kenya: At Taveta border post Rwanda Resolved
2020-09-10
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Complaint: The unclear and high fine of Ksh 100,000 charged by Kenya Revue Authority (KRA)to trucks without Electronic Cargo Tracking gadget (GPS) based on provisions 73 (1) and 204 (a) and (b) of the EACMA 2004 revised in 2017  
Resolution status note: During SCTIFI held in September 2020, the Republic of Kenya informed that the fee is not discriminatory and is provided for by the EAC CMA the maximum charge is USD 5,000.Hence the SCTIFI agreed that this is not an NTB and hence is resolved.  
NTB-000-964 2.6. Additional taxes and other charges 2020-06-01 Kenya: Nairobi ICD Rwanda Resolved
2020-11-24
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Complaint: Introduction of the new verification/inspection tariff at Nairobi ICD (80 USD for 20 feet containers and 120 USD for 40 feet containers by Kenya Ports Authority (KPA) due to outsourcing of labor to conduct inspections and verification on behalf of KBS and KRA  
Resolution status note: After investigations, Kenya confirm that;-
- The charges are in accordance to the existing KPA tariff applicable to both local and transit cargo where labour is required to provide verification/stripping and stuffing services.
- The verification charges are applicable to only those containers that have been targeted for verification by Customs/other Government cargo intervening Agencies and or on customers request
- Clients have the option of either using the outsourced service provider or seeking for an approval from Customs for their containers to be released under seal for destination verification at their warehouses.
-There are no charges for sight and release mode of verification

This NTB is therefore resolved
 
NTB-000-965 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2020-06-01 Kenya: Eldoret Storage KPC Rwanda Resolved
2022-06-14
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Complaint: The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS).  
Resolution status note: Kenya informed the meeting that the charges are in accordance with the existing KPA regulations. The verification charges are applicable to containers identified for verification upon the customer's request. The customer has a choice to use an independent agent. Hence this is not an NTB and is resolved.  
NTB-000-965 1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory
2020-06-01 Kenya: Eldoret Storage KPC Rwanda Resolved
2022-06-14
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Complaint: The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ per cube meter (1000 liters) per day as a fine while in Tanzania the grace period goes up to 2months. Also, in order to be able to import products through KPC , a foreign registered company is required to have an agreement with a Kenya based company to bid for them in other to be part on the Open Tender System (OTS).  
Resolution status note: The Republic of Kenya informed the meeting that KPC does not require upfront payment or guarantee cheque for storage of oil. Therefore, the meeting agreed that Kenya sends written communication to the Republic of Rwanda through the EAC Secretariat by 13th May 2022.The meeting was informed that the Republic of Rwanda received the letter on 11th May 2022 through EAC Secretariat.The meeting, therefore, agreed to discuss operationalization modalities during Rwanda and Kenya JPC. The meeting agreed that the NTB was resolved.  
NTB-000-960 6.6. Border taxes 2020-06-05 Zimbabwe: Beitbridge Resolved
2022-10-20
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Complaint: Zimbabwe has promulgated a new legislation S.I 127 of 2020 which proposes to charge amounts up to USD300 per entry of Beit Border Border Customs Yard meant for payment of the border post modernization and upgrade project. This charge is over and above the Bridge Toll of USD23 per entry and the ZINARA road tolls fees. The proposed charges are just too high and unsustainable, thus we seek their immediate suspension to allow for stakeholder engagement for their input.  
Resolution status note: The relevant authorities in Zimbabwe submitted report as follows :
As a way of addressing challenges at Beitbridge Border Post Government made a decision to upgrade and modernise Beitbridge Border Post through a concession to Zimborders for a period of 17,5 years. Zimborders will invest US$296.7 million dollars into the project and will recoup their investment by collecting border user fees. This project will bring about the much sought efficiency at the border post by providing modern infrastructure and equipment such as terminal buildings, warehouses, weighbridges and scanners. There will also be automation of most processes and the introduction of a single window payment system bringing about convenience to transporters and the travelling public.

The financing model used in this project (Built Operate Transfer), is a universal mode of project financing which can be applied to projects that are bankable where users are expected to pay for the product or service used. In this case, it is Government’s view that the charges are fair relative to the amount invested and the efficiency brought about by the investment. Removing the fee is asking the country to default on the Concession Agreement. Defaulting on agreements leads to country reputational risk and reduction in credit worthiness.


The figure quoted of USD300 applies only for abnormal load vehicles. The fees are as follows.

Type of vehicle USD
Heavy vehicle 100,00
Goods vehicle 175,00
Abnormal (load) vehicle 300,00
Minibus 35,00
Coach 70,00
 
NTB-000-969 1.4. Preference given to domestic bidders/suppliers 2020-06-11 Kenya Resolved
2020-08-10
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Complaint: Uganda denial of market Access of essential products of Kenya manufactured and exported handsanitizer by Unilever Kenya.
Uganda Drugs Authority through a letter has denied market access handsanitizer manufactured in Kenya by Unilever Kenya and exported into Uganda Unilever making trucks loaded with the products stranded. The products have been issued with certificates of origin.
 
Resolution status note: During the RMC meeting held on 10 August 2020, Uganda Focal Point reported that the NTB had been resolved .  
NTB-000-975 1.8. Import bans 2020-07-02 Kenya: Ministry of Agriculture,Livestock,fisheries and cooperatives Uganda Resolved
2021-03-18
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Complaint: Kenya banned importation of sugar ,brown sugar and raw cane from Uganda  
Resolution status note: During the NMC meeting that took place in March 2021, the meeting was informed that two bilateral meetings were held with Kenya to discuss among others the NTB on the importation of brown sugar, The Trade Ministers from both sides met and Kenya agreed that the issue will be resolved. Kenya agreed to undertake a verification mission to Uganda. The Mission has not yet taken place but there has been a commendable improvement in the area, where sugar has been allowed into Kenya.
The issue on raw cane was RESOLVED
 
NTB-000-971 8.6. Vehicle standards 2020-07-14 Zambia: Halfway Patrol Zimbabwe Resolved
2021-03-17
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Complaint: We export to Zambia and use our own truck (an 8tonne truck with yellow plates)to dispatch the products. We have exported for 5 times without any incident. On the above mentioned date our driver got a fine apparently for "plying for hire and reward". We have been exporting to Botswana since 2016 and we have never come across such an incident.We are not into transport business therefore our truck is specifically for dispatching to our customers hence the Yellow plates. We have a PTA Carrier Licence.
Please assist us.
 
Resolution status note: The Focal Point contacted the exporter to provide further information on whether it was a one of or repeated challenge . Exporter has not provided feedback. RESOLVED DUE TO LACK OF EVIDENCE  
NTB-000-972 7.5. Lengthy procedures 2020-07-24 Zimbabwe: Beitbridge Resolved
2021-07-29
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Complaint: There is usually a very long queue of north-bound trucks on the South African side of the border. This situation is very undesirable at it negatively affects trade facilitation along the north-south corridor and is a big concern in efforts to fight the covid-19 pandemic. These trucks are held up at the border due to some of the following reasons:

1) The Zimbabwe Revenue Authority Document Processing Centres (DPCs) are opening at 0800hrs and closing at 1500hrs. Outside this period trucks are still moving and documents are continuously lodged into the system by clearing agents. Processes that should be done in the Zimra system cannot be performed during this period. The border post is open for 24 hours and closure of the DPCs creates a bottleneck. Operating hours of the DPCs have been affected by the national curfew (0600hrs-1800hrs) that was recently introduced by Government to fight against the covid-19 pandemic.

2) Other customs processes such as cargo release (manual) procedures and query resolution are taking too much time to be done.

3) Due to the recent upward movement in the exchange rate, clearing agents sometimes do not have enough bond cover to move goods in transit. This has also resulted in truck movement delays. A proposal to have these bonds denominated in USD (in order to introduce stability in the system) has been made by the association to Zimra.

4) There are delays by Zimra in generating T1s which allow movement of transit cargo even in cases where bonds sufficiently cover the goods.

5) Of late Zimra did very well by opening a fast lane (green route) for some traffic but there has been no consistency in this process. The route is closed at times.

6) There are undesignated check-points within the border which humper movement of trucks.
 
Resolution status note: ZIMRA advised that this issue has been dealt with by the Ease of doing business task force, however In the interim as the lead agent will escalate the challenges to the responsible authorities of the respective other agencies making reference to the Ease of doing business resolutions and will monitor to ensure checkpoints as agreed in the Ease of doing business meetings are adhered to.  
NTB-000-973 We are asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected. 2020-08-04 Mozambique: Delegação Aduaneira de Namaacha Eswatini Resolved
2021-07-09
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Complaint: Eswatini Company is asked to pay 500mts to gain entry and exit to and from Mozambique (250 in/250 out) under the guise that the trucks need to be inspected in line with Ministerial Diploma NO 18/2007 of February 9, which approves the table of various fees for Border Posts, effective from August 2, 2020. However inspection cargo is not done and therefore we are made to pay for services not rendered. Further , the drivers have t pay to get their passport stamped.
How do we dertermine the time the vehicles stays at the border if we are billed a hourly charge all documentation and taxes dues are paid in advance to try and speed the process up why does the driver need to pay to have his passport stamped on arrival and more strangely on exiting with an empty vehicle.
 
Resolution status note: Mozambique Focal Point reported that the inspection fee for motor vehicles at the Namaacha border was charged under Ministerial Diploma nº 18/2007, of 9 February. However, said fee was revoked by Ministerial Diploma nº 28/2021, of 30 April 2021  
Products: 3214.10: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings  
NTB-000-984 2.9. Issues related to transit fees 2020-10-07 Kenya: Namanga EAC Resolved
2020-10-07
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Complaint: Namanga /Kajiado County still charges 2,000 Ksh for all Burundi Cargo trucks transiting Kenya  
Resolution status note: It's a resolved NTB that rised again  
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