| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-033 |
1.8. Import bans |
2018-08-01 |
Tanzania: Tanzania Ministry of Livestock Development and Fisheries |
Kenya |
Resolved
2021-10-14 |
View |
|
Complaint:
|
Tanzania denial of Permission for importation of Turkey meat into Tanzania and instead decline approval of permit and ask local distributors to source it locally in Tanzania. |
|
|
Resolution status note:
|
Transfer of meat and meat products to Tanzania is allowed, reference is made to the importation permit issued on 24th August, 2021 (Which is attached by the importer). Also, The Animal and Animal products Movement Regulations, GN 489 published on 29th June, 2020 does not prohibit transfer of turkey meat to Tanzania. There is no evidence attached by importer to show that turkey meat from Kenya was denied market in Tanzania. Hence this is not an NTB. |
|
|
NTB-001-007 |
2.6. Additional taxes and other charges |
2021-02-25 |
Zambia: Livingstone |
|
Resolved
2021-11-29 |
View |
|
Complaint:
|
A member of the South African Brand owners Association is experiencing push back from Zambia’s Ministry of Health in that they do not want to issue the Zambian importers a Health Clearance certificate unless the product has been subjected to re-testing in Zambia.
The association presented the Certificate of Analysis issued by South African Department of Agriculture, Land Reform and Rural Development which is responsible for analysis of products in South Africa, which was rejected by Zambia authorities.
The importers ended up going to meet the Permanent Secretary at the Ministry of Health to plead their case for clearance of which the Ministry said that they could not advise on which specific metals to test and advised that for future reference and to avoid this occurring again, the importers may use the former certificates to identify the metals that are present to enable the lab to test accurately. The example attached by the Ministry was for the inclusion of the following tests:
Natamycin
Sorbic Acid
Zinc – ZN
Copper – CU
Iron – FE
Lead – PB
For years the South African Health Clearance Certificate was accepted. The duplication of test conducted results in the below additional costs for our importer:
R240 per wine selected. We export 202 skus. If we have to test all of them at least once a year then we will spend R48 480 annually to confirm that our products are in spect.
Following the meeting with Ministry of Health , the Zambian importers reported that some past COA’s have successfully now managed to gain clearance for 2021 Q1 and Q2. We would appreciate if this matter can be resolved. |
|
|
Resolution status note:
|
A meeting held on 29 November 2021 between the Zambian Health Authority , DTIC and affected stakeholders . resolved the matter as follows:
1. Undertaking by Zambia to finish South Africa with the copy of the Regulations.
2. Acceptance of the South African Health Clearance Certificate
3. Testing of products once a year instead of bi-annually. |
|
|
NTB-001-000 |
2.14. Other |
2020-12-01 |
Zimbabwe: Beitbridge |
Zimbabwe |
Resolved
2021-03-31 |
View |
|
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-001-041 |
3. Technical barriers to trade (TBT)
B6: Product identity requirement |
2021-11-04 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2021-11-22 |
View |
|
Complaint:
|
South Africa Port Health officials demanding an extended description on one of our products. The product is a sweet type described as Apricots on both packaging and invoice but the officials want us to have the packaging written Apricots sweets. We have been exporting the sweet to South Africa for more than 5 years. |
|
|
Resolution status note:
|
The company had been allowed to export its consignment to South Africa after removing prohibited products. The NTB was resolved are following required procedures |
|
|
Products:
|
2008.50: Apricots, prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit (excl. preserved with sugar but not laid in syrup, jams, fruit jellies, marmalades, fruit purée and pastes, obtained by cooking) |
|
|
NTB-001-042 |
2.6. Additional taxes and other charges |
2021-12-13 |
Uganda: Malaba |
Kenya |
Resolved
2022-05-05 |
View |
|
Complaint:
|
Uganda denial of preferential market access for footwear manufactured in Kenya by Umoja Rubber |
|
|
Resolution status note:
|
Uganda Focal Point advised that this assessment was done before full declaration. The consignment wasn't charged all the indicated taxes after submission of relevant origin documents as in the attachment posted in the system. |
|
|
Products:
|
6402.99: Footwear with outer soles and uppers of rubber or plastics (excl. covering the ankle or with upper straps or thongs assembled to the sole by means of plugs, waterproof footwear of heading 6401, sports footwear, orthopaedic footwear and toy footwear) |
|
|
NTB-001-047 |
8.8. Issues related to transit |
2021-12-01 |
Kenya: Mombasa sea port |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
On 4th December Juba Trades Union reported challenges in clearing their consignment at Mombasa Port due to new regulations, which is not clear to them at the time they getting their goods for the holiday season, the complain of challenges with the new introduce system including the payment which is not clearly justified or oriented to the stakeholders, clearing process at Mombasa come to stop and goods stop flowing to Nimule border of South Sudan, South Sudan National Chamber of Commerce reported the concern to the Ministry of Trade and Industry indicating the impact of the measure on the market prices and lack of goods if no action is taken considering its a holiday season. traders are losing by been charge demurrages at port and arrival of the goods after the season. The Ministry of trade took action by canceling the Certificate of Destination to allow the flow of goods to the county, However the action was not honored by the RSS Customs office in Mombasa, reported by Kenya International Freight & Warehousing Association (KIFWA), National Chamber did meet with the RSS Minister of Finance to look at the matter and he promise to communicate to the Revenue Authority since he is not aware of the new regulation and the charges imposed. With the mounting pressure from the stakeholders National Revenue Authority send a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted and the Minister of trade order is to be honored as per NRA letter, lastly on 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50 Charges not those mention on the Certificate of Destination Chagres below:-
1- 40ft Container $400
2- 20ft Container $365
3- Vehicle 4x4 $365
4- Regular Vehicle $300
5- All UN Consignment $365
6- Loose cargo $250
The main challenge traders have face is lack of coordination between different institutions and the partner states when introducing new regulations or policies, this current measure is not official resolved by Customs Division of NRA. we hope Kenya and South Sudan should address it to assure its traders they are on regional integration and the free movement of goods and people are a true. Engagement of stakeholders is a key in success of any measure introduce by the government |
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|
Resolution status note:
|
On 14 June 2022, the Secretariat reported that the framework under the Single Customs Territory (SCT), but also One-Stop Border Post (OSBP) manual has the provisions that allow the deployment of Customs Officers.
The National Revenue Authority sent a letter to Kenya Revenue Authority and Kenya Port Authority to support the flow of goods to South Sudan unrestricted. On 21st December the official at Customs RSS in Mombasa started releasing the cargo to RSS with only $50. The two Partner States agreed to handle the matter administratively and should be resolved from the TBP |
|
|
NTB-000-965 |
1.4. Preference given to domestic bidders/suppliers
Policy/Regulatory |
2020-06-01 |
Kenya: Eldoret Storage KPC |
Rwanda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
The issue of Kenya Pipeline Company (KPC) requiring upfront payments or a guarantee cheque for storage of oil and after expiration of the grace period of 21 days they charge 2$ 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 |
View |
|
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-000-499 |
8.7. Costly Road user charges /fees |
2012-03-14 |
|
Tanzania |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Non-harmonized road user charges / road tolls in EAC Partner States. |
|
|
Resolution status note:
|
On 14 June 2022 the EAC Secretariat reported that the SCTIFI meeting agreed that this is not an NTB since RUC is not harmonized in all EAC Partner States. The complaint is removed from the TBP |
|
|
NTB-001-060 |
1.8. Import bans
Policy/Regulatory |
2022-02-16 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Prohibition of Sale of alcohol packed in 200ml containers and confiscation of products by CID and Local government Authorities.This is affecting only imported beverages.No Communication has been received on change of regulatory framework governing packaging of alcoholic drinks. |
|
|
Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that Uganda banned sachet-packed alcohol.
RSS informed the meeting that this was not an NTB but a health issue. The meeting therefore agreed that the NTB should be resolved in the TBP |
|
|
NTB-000-776 |
8.7. Costly Road user charges /fees
Policy/Regulatory |
2017-05-05 |
Tanzania: Ministry of Works, Transport & Communications |
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Tanzania still charges US$500 to Uganda trucks compared to US$152 charged on Rwanda trucks. |
|
|
Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the experts' meeting met in March 2022 and gave recommendations to be considered by TCM.The Sectoral Committee on Trade was informed that the two Partner States had a bilateral meeting and agreed to charge Uganda tracks 10 USD charged per 100 Kilometers. Hence the NTB is resolved |
|
|
NTB-001-061 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2021-12-28 |
|
Uganda |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Republic of South Sudan is imposing a digital border security Control Tag of 100 USD and a control fee of 30 USD at every entry or exit. |
|
|
Resolution status note:
|
On 14 June 2022, EAC Secretariat reported that the SCTIFI meeting was informed that the order was revoked and hence the NTB was resolved. |
|
|
NTB-001-046 |
8.8. Issues related to transit |
2021-12-03 |
Uganda: Malaba |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
On 3rd December Traders reported that URA enforce regulation on all transit cargo to South Sudan and DRC, where all consignment are to pay a fee of $150 to $214 depend on the type of cargo, and those charges are collected by private company "Sunco Ltd." its said to be a contract between South Sudan government and K-Polygone SAS. then K-Polygone contracted Sunco Ltd. When the issue was raise to the Ministry of Trade by the National Chamber of Commerce Industry and Agriculture. at the time goods have stop flowing to Nimule border of South Sudan, Then Minister of trade issue ministerial order suspending the contract between its ministry and K-Polygone to allow smooth follow of goods to RSS, Upton date traders are still complaining the charges at Malaba border of Uganda still on going and the matter is not resolve.
|
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that charges are collected by the private company "Sunco Ltd." at the Malaba Uganda border
The two Partner States agreed to handle the matter administratively and is resolved. |
|
|
NTB-001-044 |
1.15. Other |
2021-12-03 |
Uganda: Malaba |
Kenya |
Resolved
2022-06-14 |
View |
|
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-001-045 |
|
2021-11-22 |
Kenya: Poultry products from Uganda have been banned from entering the Kenyan market. |
|
Resolved
2022-06-14 |
View |
|
Complaint:
|
The government of Kenya without giving any reason arbitrarily banned all poultry products from Uganda from accessing the Kenyan market. It is not clear when the ban will end or if it will end. My clients have lost and continue to lose a lot of money thanks to this arbitrary and protectionist measure by the government of Kenya going against all the principles of the International Trade especially Kenya's obligations as a part of the East African Community Customs Union. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the ban was lifted as a result of the Bilateral meeting of the two Partner States in December 2021.
So, the matter is resolved |
|
|
NTB-001-038 |
6.5. Variable levies |
2021-10-10 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
Tanzania is charging FULL CET, RDL among other levies on Kenyan wholly produced cement despite the Verification Report recommending that products qualify should be accorded preferential treatment
Additionally, despite URT commitment in the Bilateral and SCTIFI that URT grants preferential treatment to wholly produced cement as required by the EAC rules of Origin, URT is still charging duties of 35%. This is despite Tanzania not being under any stay of application.
Kenya urges Tanzania to accord preferential treatment to Kenya wholly produced cement as per the verification findings and recommendation and URT commitment on facilitation of trade. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that a verification mission was conducted and recommended that the products qualified should be accorded preferential treatment.
Additionally, URT committed in the Bilateral and SCTIFI to grant preferential treatment to the wholly produced cement as required by the EAC Rules of Origin.
The NTB is resolved |
|
|
NTB-001-010 |
2.6. Additional taxes and other charges |
2020-03-20 |
Uganda: Busia |
Kenya |
Resolved
2022-06-14 |
View |
|
Complaint:
|
INIQUITOUS TAX AND RESTRICTION OF TRADE
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT, 6% withholding tax and 1% road levy. This is 25% cumulative tax payable to Uganda Revenue Authority (URA). It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from Kenya. |
|
|
Resolution status note:
|
On 14 June 2022, the EAC Secretariat reported that the SCTIFI meeting was informed that Uganda Law provides that processed chicken is charged VAT and is not discriminatory.
The meeting agreed that it was not an NTB and therefore resolved |
|
|
Products:
|
0207.13: Fresh or chilled cuts and edible offal of fowls of the species Gallus domesticus |
|
|
NTB-001-050 |
8.8. Issues related to transit |
2022-02-14 |
Tanzania: Tunduma |
Zambia |
Resolved
2022-09-06 |
View |
|
Complaint:
|
There is a disruption in the flow of trade/transit at Nakonde/Tunduma border post due to a protest by transporters in Tanzania who are not moving cargo across the border. This has affected the movement of goods both into Zambia and Tanzania and has resulted in increased congestion on both sides of the border. Considering the important role the Nakonde/Tunduma border post plays along the transport corridor, any further delays resulting from the protests will significantly disadvantage all stakeholders within the region in terms of revenue and costs. This will ultimately have a negative effect on the consumer welfare in the countries and the region at large. It is therefore imperative that the present impasse is resolved as a matter of urgency. |
|
|
Resolution status note:
|
On 6th September 2022, Focal Point Zambia Revenue Authority reported that the NTB had been resolved. |
|
|
NTB-001-062 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2022-03-22 |
South Africa: Beit Bridge |
Zimbabwe |
Resolved
2022-06-13 |
View |
|
Complaint:
|
Our Company is experiencing discretional acceptance of labelling of Arenel sweets by Port Health South Africa. We export jelly sweets among other products to the Republic of South Africa and our packaging has a sticker written “Jelly Babies” and does not state the word “Sweets”. The majority of sweets sold in the importing country (RSA) have similar packaging. On the 22nd of March 2022 our truck was stopped by Port Health South Africa at Beitbridge Border Post and the officials demanded that our truck return to Zimbabwe with the full load because the product labelling does not conform to the importing country`s labelling requirements. It seems there is no uniformity in the Port Health officials at Beit Bridge Border Posts are accepting labelling requirements for sweets entering RSA. |
|
|
Resolution status note:
|
The SA Port Health Authority committed issued Arenel with a six months exemption ( 13 June - 13 December 2022) to continue with their exports to South Africa of apricots and jelly sweets. |
|
|
NTB-001-008 |
2.2. Arbitrary customs classification |
2020-05-05 |
Zambia: Ministry of Livestock and Fisheries |
South Africa |
Resolved
2022-10-10 |
View |
|
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 |
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