Resolved complaints

Showing items 741 to 760 of 859
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-000-583 6.7. Other 2013-03-26 Zimbabwe: Kariba Zimbabwe Resolved
2013-07-30
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Complaint: Kariba border post, Zimbabwe. Imports from Zambia; one truck carrying two imports from Zamleather for two different Zimbabwean companies. VAT paid in Harare and transferred to Kariba by ZIMRA. ZIMRA system has IT problem and duty of 5% was to be charged. Protest was lodged and ZIMRA advised that there is no duty because of the Comesa certificates. A day went by and we were then advised that our one shipment had been cleared: with 2% duty. We were informed that there were new acts passed and duty was now applicable. I could find no record of this and refused to pay extra duty in order to clear the VAT and duty now short on the second shipment. ZIMRA Harare advised that this was an IT issue and they were working on it. Third day begins and Kariba say no way to clear shipment without duty being paid. Harare advise Kariba to raise manual IM4 entry, Kariba say the duty is still payable. We are now going into the weekend and I cannot see my truck being cleared until Monday. I have had this issue before in a slightly different context where ZIMRA took duty paid for a shipment on its way to correct an IM4 done the prior month. No notification was given and it took 6 months for my claim to be accepted and the US$ 5703 to be refunded.  
Resolution status note: On 30th July 2013, Zimbabwe Revenue Authority reported that the consignments were eventually cleared manually (i.e. outside the Asycuda System) and allowed under the COMESA Free Trade Area (FTA) at Rates of duty 0% as Zambia is party to the COMESA (FTA). ZIMRA would continue to clear such similar consignments manually until such time Kariba customs migrates from Asycuda ++ to Asycuda World and the clearance will be done in the system. The client will not be inconvenienced by the use of either of the two clearing systems.  
Products: 3403.11: Textile lubricant preparations and preparations of a kind used for the oil or grease treatment of leather, furskins or other material containing petroleum oil or bituminous mineral oil (excl. preparations containing, as basic constituents, >= 70% petroleu and 6403.40: Footwear, incorporating a protective metal toecap, with outer soles of rubber, plastics, leather or composition leather and uppers of leather (excl. sports footwear and orthopaedic footwear)  
NTB-000-657 5.15. Other
Policy/Regulatory
2014-12-11 Tanzania: Various State Agencies Resolved
2023-07-03
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Complaint: Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products  
Resolution status note: The 42nd SCTIFI noted that the Republic of Uganda and the Republic of Kenya are handling the diary issues bilaterally with the United Republic of Tanzania whereby several meetings at the Ministerial and Summit levels have taken place and are at the final stages to be resolved. Also, the issue is being handled in the ongoing process of harmonization of fees, levies, and charges, and all the charges will be harmonized together with other charges. The SCTIFI hence guided that the NTB should be removed from the Time Bound program and allow the ongoing bilateral processes to be finalized.  
NTB-000-659 2.14. Other 2014-12-11 Kenya: Mombasa sea port Uganda Resolved
2015-03-16
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Complaint: Selective auctioning of Ugandan goods at Mombasa Port.  
Resolution status note: At the Kenya NMC NTBs meeting held in Nairobi on 16th March 2015, KRA reported that all auctions had been conducted in accordance with the laws and regulations. Uganda had been given an extended 90 day period in which to notify owners of the auction after which the auction was conducted. This position was endorsed by the 17th NTB forum thereby resolving this issue.  
NTB-000-674 2.14. Other 2015-07-03 Mozambique: Posto Fiscal de Calomue Zimbabwe Resolved
2016-10-07
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Complaint: TRANSHAUL Zimbabwe had 2 trucks arrive at Calomue border on Friday 3 July loaded with groundnuts, they were told they had to wait for a free escort on Monday, or pay for an escort to take them to Cuchamano on Saturday. Against our advise, our client paid the fees being demanded ($100 / truck) after which, the escort only went as far as Tete with the trucks, where they were told they should pay again for another escort to take them through to Cuchamano. Again, our client paid the escort fees. The transporter had another 2 trucks arrive at Calomue on Monday 6 July with groundnuts, who were again told they must pay for escort, or wait until Wednesday for someone to escort them for free. I have told our client not to pay.

The adding of a commodity to the anti-dumping list with an escort requirement by customs needs to be documented and communicated prior to the introduction thereof. Also the communication should clearly state what the cost if any of the escorts are from point of entry to point of exit and availability of escorts.

The current situation being applied as described under paragraph one is not acceptable and needs to be clarified by Alfandega agents at Calomue border demanding escort fees from drivers without documentary proof.
 
Resolution status note: FESARTA reported that the NTB does not exist at present.  
NTB-000-685 1.15. Other 2016-03-01 Zimbabwe: Botswana Resolved
2016-03-18
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Complaint: As of the 1st of March 2016 Zimbabwe introduced a system whereby you need to obtain a certificate of conformity in order to export into Zimbabwe. One needs to obtain this certificate from Bureau Veritas. Trucks have been piling up at the Plumtree border while they await clearance with charges up to $250.00 per consignment. No formal communication has been reported by the Government of Zimbabwe to Botswana on this new development. Furthermore we have no record of which products will be affected and who needs to apply for this certificate. We are not even aware of where the Bureau Veritas offices are located in Botswana. As they are situated in South Africa.  
Resolution status note: On 18th March 2016, the Zimbabwe Focal Point from ZIMRA reported that a verification with the Station Manager at Plumtree Border Post had not revealed any cases of trucks piling up at the Border Post. It would be appreciated if the client furnishes more details relating to the Companies affected, the dates, the vehicles involved and the registration numbers so that the Station Manager carries out further verification if need be. The goods affected are listed in Statutory instrument 132 of 2015 which was published on 18 December 2015. The Statutory Instrument (SI) is as available at Printflow (formerly Government Printers) in Zimbabwe, which is too large to attach here.  
NTB-000-683 2.14. Other
Policy/Regulatory
2016-02-10 Zimbabwe: Mt. Selinda Resolved
2016-03-18
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Complaint: ZIMRA has introduced a new ruling at all its border posts effective 10 February re the vehicle manifest without proper pre-dialogue with regional and border post stakeholders as well as transporters who are being affected the most by this ruling and which is in breach of the SADC protocol to which Zimbabwe is a signatory. The attached Notification and copy of the ZIMRA Manifest Form No. 1 are self-explanatory, the ZIMRA manifest is just a duplication of a standard vehicle manifest with the ZIMRA logo on it and official form number, however ZIMRA are refusing to allow clearing agents to submit any other format of the manifest other than the attached document and transporters are being delayed for days on end until such time as the clearing agent submits documents with the ZIMRA manifest. the average cost per day for a transporter to stand at the border post is US $250 which ultimately will be added onto the cost of an already outrageous transportation cost for the end user consumer to pay. This practice is unethical, in breach of the SADC Protocol on Trade and Transport and not conducive to trade facilitation in the region. Imagine the chaos this situation would cause if all countries or member states in the SADC region adopted the same principal as Zimbabwe has, the transporter would have to fill in a different manifest for every country entered or transited.

This matter requires the immediate and urgent intervention of the focal point representative in Zimbabwe.
 
Resolution status note: On 18 march 2016, Zimbabwe Focal Point from ZIMRA advised that submission to the Zimbabwe Revenue Authority (ZIMRA) of a Manifest (Form 1) on importation of goods by Road has always been a requirement. This is in terms of Section 6 of the Customs and Excise (General) Regulations published in Statutory Instrument 154 of 2001 which reads "6 The report in terms of section 26 of the Act on vehicles engaged in the transportation of goods, other than trains, shall be made in form No. 1, completed at the time of loading the goods in the country of exportation, signed jointly by the transporter who loaded the goods and the person in charge of the vehicle, together with such copies as may be required by the officer to whom the report is made". Section 26 of the Customs and Excise Act (Chapter 23:02) is on "26 Person in charge of vehicle to report goods in his or her charge" The Form 1 (Manifest) is a ZIMRA form and is a prescribed form in terms of the said Regulations and therefore it is a requirement that it be standard. It is thus not proper for Clearing Agents to use other formats of the Manifest. For the convenience of the clients arrangements are being made for the Manifest to be available for downloading from the ZIMRA Website .

However the Zimbabwe Focal point advised that the Commissioner Customs and Excise had temporarily given a reprieve and is accepting other formats of the Manifest as submitted by the Agents. The Act and the Regulations were submitted.
 
NTB-000-698 2.14. Other
Policy/Regulatory
2014-07-23 Resolved
2017-05-06
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Complaint: Border management institutions’ working hours are not harmonized.  
Resolution status note: At the 23rd EAC NTBs Forum held from 4- 6 May 2017, Partner States reported that the border operating hours had been harmonised  
NTB-000-710 2.14. Other
Policy/Regulatory
2016-04-01 Tanzania: Tanzania Revenue Authority Kenya Resolved
2017-10-24
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Complaint: TRA offices close earlier (3.00 pm) than KRA Office hindering the Verification at Inland Container Deport (ICD) Nairobi  
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.  
NTB-000-714 6.7. Other
Policy/Regulatory
2016-06-30 Tanzania: Tanzania Food and Drug Authority Kenya Resolved
2019-08-21
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Complaint: TFDA registers injectables as per pack size and treats each product by itself rendering retaining licences for the product very expensive.  
Resolution status note: During the meeting of the NTBs Focal Points held on 19- 21 August 2019, Tanzania reported that the Bilateral meeting between Kenya and Tanzania held in December 2018, agreed that each country should to continue charging their domestic fees until when the process of harmonization is completed. Immediate implementation. The meeting called on the EAC Secretariat to facilitate the harmonization of food safety standards in the region.  
NTB-000-732 5.15. Other 2017-01-01 Zambia: Zambia Resolved
2018-01-25
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Complaint: Carbon Tax Increase over 37% for commercial vehicles  
Resolution status note: On 25th January 2018, Zambia Focal Point advised that the measure was for all motor vehicles and the highest percentage of 40% was on motor cycles and small vehicles. 37% on commercial vehicle was among the lowest percentage increases. This measure was intended to adjust the carbon emission surtax for inflation. It had not been adjusted since its introduction in 2006. This is in line with the Customs and Excise Act 47 of 2016. We propose that this be considered resolved  
NTB-000-889 2.14. Other 2018-04-05 Mozambique: Delegação Aduaneira de Zobwe Malawi Resolved
2019-10-30
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Complaint: The Ministry of Industry, Trade and Tourism received a complaint from Limbe Leaf Tobacco Company Ltd of a Non-Tariff Barrier imposed by Mozambican Customs Authorities at Zobue Border Post.

The company reported that Mozambique Customs Officials are demanding that containers carrying processed tobacco transiting through Mozambique should be opened after passing through Zobue Border Post.

Once the container is opened for physical inspection, customers (buyers of tobacco) demand that the exporter should get an official letter from the Mozambique Customs Officials. Unfortunately, Mozambique customs authorities have not issued documents nor provided formal reports stating the occurrence of the inspections and confirming changes in seal numbers once an inspection has taken place.
 
Resolution status note: During the meeting to launch SMS tool for Malawi on 30 October 2019, Malawi Focal Point reported that Limbe Leaf Tobacco had written a letter to the Ministry of Industry, Trade and Tourism confirming that Mozambique had removed the requirement for additional inspections  
NTB-000-890 7.10. Other 2018-11-19 Kenya: Moi International airport Tanzania Resolved
2019-04-23
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Complaint: A Tanzania trader (02 Export Gem Company Limited of Arusha, Tanzania) had exported a consignment of minerals to Kenya. However, the business deal was not sealed and hence the consignment was directed to be taken back to the Country of Origin (Tanzania). All documentation regarding the return of the consgnemnt were processed between TRA and KRA and were concluded. But KRA could not realease the consignment to the Tanzania Trader. Despite all efforts made physically, on phone and in writting, KRA has held the consignment since November, 2018 to date. The company has incured losses in following up on the consignment including among others Hotel bills, escort fees, transfer car fees, storage fees, fees related to documentation processing.

KRA is required to release the consignment to the trader and re-emburse all the costs related to the delay in releasing the consignment.
 
Resolution status note: This matter was therefore resolved at the Bilateral meeting held on 22-23 April 2019 between Kenya and Tanzania . Kenya committed to deliver the minerals to the trader on 27th April, 2019 at Taveta border Post  
NTB-000-935 1.15. Other 2019-12-01 Zimbabwe: Ministry of Industry and Commerce Zambia Resolved
2020-02-26
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Complaint: A Zambian exporter is experiencing challenges with obtaining certification from Bureau Veritas (BV) South Africa which has been unjustifiably delaying the issuance of Certificates of Conformity (CoCs) despite all the required documents being availed. This has been a continuous hindrance to the company’s ability to export its products to other countries in the COMESA and SADC regions specifically to Kenya and Zimbabwe.

BV South Africa has been systemically delaying in the issuance of CoCs by, inter alia, requesting for the same documents by different officers in the company and by responding to emails very late beyond the stipulated period of 48 hours within which the CoCs should be issued. These delays have previously lasted up to 3 or 4 months. Additionally BV South Africa has also delayed the issuance of Certificate of Conformity on products that were initially passed on previous assessments despite there being no change in the production process. This problem is related to clearance for exports destined for Kenya and Zimbabwe.

The actions by BV South Africa constitute a Non-Tariff Barrier and we would like this issue to be resolved expeditiously as the Company has already incurred losses as a result of the unnecessary delays.
 
Resolution status note: On 26 February 2020 a representative from Bureau Veritas responded that they are operating a Verification of Conformity programme or CBCA (Consignment- Based Conformity Assessment) on behalf of Governments (in examples provided Zimbabwe, Kenya, Tanzania). Their detailed response to the NTBs is given below :

Followings the analysis of the files reference you provided, we consider that the files were treated in accordance with the applicable technical requirements. For 2 files, improvement of communication would have certainly leaded into shorter processing time. Among various corrective actions that have been decided, the main one is the creation of a Sales Office in Lusaka in order to directly support all exporters willing to export in countries having such Programme of Verification of Conformity. The support will be provided through awareness and clarifications on the implementation of the various programmes. This will be effective as of March 1st 2020. On top of that an awareness session will be organised in Lusaka at the Inntercontinental Hotel on March 27th at 8h30. You are obviously welcome to attend.
We also remind that these programmes are related to conformity of products and applicable assessment process is not only an inspection. Exporters are advised to initiate their requests as soon as they know they are going to supply goods to the country where such program is in place and not to wait for the goods to be ready to be shipped.”
 
NTB-000-992 7.10. Other 2020-12-01 Zimbabwe: Chirundu Zambia Resolved
2021-09-02
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Complaint: Zimbabwe is not consistent with the SADC COVID-19 requirement/guidelines of drivers requiring a 14 days validity test as a 48 hours requirement has been imposed. This has resulted in increase in cost of doing business as drivers have to take multiple COVID-19 tests which cost on average $76 per test. Transporters travelling into Zambia on the other hand can use their COVI-19 certificates within a 14 day period. A transporter delivering/transiting in Zimbabwe is required to take at least 2 COVID tests within the 14 day period. In some cases this has caused congestion at the border as truckers rush to beat the 48 hour COVID-19 test validity.  
Resolution status note: Zimbabwe reported that the COVID policies are consistent with SADC as follows:
1. 14 day validity is for bus operators and Malaitsha
2. Truck operators we need PCR valid for 30 days
3. Regular travellers 48 hrs.
48hrs means that for regular travellers, they must travel within 48 hours of getting PCR results. This requirement is for regular travellers. If truckers are complaining, its a misinterpretation by implementers.
In light of the above, ZIMRA indicated that corrective actions will be undertaken to address issues raised by the complaint. Effective supervision and monitoring will be implemented.
 
NTB-001-000 2.14. Other 2020-12-01 Zimbabwe: Beitbridge Zimbabwe Resolved
2021-03-31
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Complaint: ZIMRA is requesting all transporters to be registered in its system to be able to lodge electronic manifest. This is still happening and is resulting in delaying of movement of cargo at all its points of entry. The requirement is compulsory and difficult to operationalise as transporters most of them are small and medium and they do not have the technical know how of doing it. The requirement should be removed or be given to the registered agents who are already utilising the ZIOMTRA system. there has been no joy for both inward bound transporters and removal in transit. This is against the spirit of Trade facilitation .  
Resolution status note: Issue was resolved  
NTB-001-044 1.15. Other 2021-12-03 Uganda: Malaba Kenya Resolved
2022-06-14
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Complaint: Uganda Revenue Authority has introduced a mandatory requirement for import certificate for export and transit cargo to DRC and South Sudan.

This requirement is causing delays to transit cargo to Congo and Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf. This negatively affects export business.
 
Resolution status note: On 14 June 2022, the EAC Secretariat reported that this requirement is causing delays to transit cargo to Congo and South Sudan and comes with an extra cost to the customers since they have to pay customs agents to secure the certificates on their behalf.
The SCTIFI meeting was informed that this was upon the request of RSS and DRC and was later recalled. Hence the NTB is resolved.
 
NTB-001-237 7.10. Other 2024-05-28 Zambia: Chirundu Zimbabwe Resolved
2025-03-19
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Complaint: The authorities on the Zambian customs are issuing COMESA certificates on ploughs and parts exported into Zimbabwe when these products are Imported from India and China. Zambia have no ploughs and parts manufacturer except for wheels. Again how does a COMESA certificate get issued with no manufacturer name inscribed?  
Resolution status note: The Ministry of Commerce, Trade & Industry and our customs authorities have reviewed this matter and wish to advise that Zimbabwe should not honour the STR Document.

Further to your report that you have seen similar matters, the authorities have gone a step further to look into the said matters.

If our response (i.e. Zimbabwe should not honour this STR Document) is satisfactory, we request that the NTB status be changed to resolved.
 
Products: 8432.90: Parts of agricultural, horticultural or forestry machinery for soil preparation or cultivation or of lawn or sports-ground rollers, n.e.s.  
NTB-001-208 5.15. Other 2024-05-01 Uganda: Fish protection unit Kenya Resolved
2025-05-30
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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.
 
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
 
NTB-000-764 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Bureau of Standards Kenya Resolved
2018-02-09
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Complaint: Tanzania does not recognize quality marks issued by Kenya authorities despite the fact that Partner States are implementing harmonized regional standards. Tanzania expects all products imported into that country to meet Tanzania standards.  
Resolution status note: During the Extra Orinally SCTIFI that sat in February, 2018, Tanzania reported that they recognise quality marks on products from other EAC Partner States. Hence this NTB is resolved.  
NTB-000-766 5.13. Other quantity control measures
Policy/Regulatory
2017-05-05 Tanzania: Tanzania Food and Drugs Authority Kenya Resolved
2019-04-27
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Complaint: Intellectual property infringement. Tanzania Food and Drugs Authority requires manufactures to disclose recipe or formulae which is an intellectual property so as to approve or register products.  
Resolution status note: During the bilateral Meeting held from 23- 27 April 2019, Tanzania reported that what is required is not the formula but the ingridients/composition contained in the product and it is an international requirement. Tanzania was of the view that the NTB should tabled during the meeting of the Standards committee where food and drugs experts are members.
However, the Meeting agreed that this NTB is resolved.
 
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