| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-194 |
1.8. Import bans |
2024-08-13 |
Kenya: Ministry of Agriculture and Livestock Development, State Department for Agriculture |
Uganda |
Resolved
2024-11-23 |
View |
|
Complaint:
|
On 13th August 2024, the Government of Kenya, through the Ministry of Agriculture and Livestock Development's State Department for Agriculture, imposed a ban on the importation of brown/table sugar into Kenya through an internal communication from the Principal Secretary. This decision was based on the significant improvements in the production of locally manufactured sugar in Kenya as quoted in the letter.
The letter though internal nal was brought to our attention.This action is in direct violation of the East African Community (EAC) Customs Union Treaty. Under Article 75 of the Treaty, the EAC establishes a free trade area for goods and services among partner states, while also outlining the application of Common External Tariffs (CET). Furthermore, Articles 76 and 104 of the Common Market Protocols emphasize the free movement of goods, people, labour, services, and capital between partner states, as well as the rights of establishment and residence, without restrictions that may hinder regional integration.
The ban, therefore, undermines the principles of regional cooperation and integration enshrined in the EAC Treaty.
There is no mention that the ban won't affect member states. |
|
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Resolution status note:
|
During the 45th SCTIFI meeting, the Republic of Kenya reported that the communication was an internal proposal that was not implemented. There is no ban on Sugar transfers from EAC Partner States per the Public Notice of 9 September 2024 issued by the Office of the Cabinet Secretary from the Ministry of Agriculture and Livestock Development. |
|
|
NTB-001-299 |
Congested Empty container Depots |
2025-09-01 |
Kenya: Mombasa sea port |
|
Resolved
2026-03-17 |
View |
|
Complaint:
|
The Kenya Transporters Association (KTA) reports a critical and ongoing operational barrier at the Port of Mombasa: the systemic failure of shipping lines to repatriate empty containers, leading to severe congestion at their nominated Empty Container Depots (ECDs). As the legal owners of these containers, shipping lines are responsible for ensuring their designated depots can receive them. However, these facilities are now operating beyond capacity and are routinely turning away trucks, creating a landside bottleneck that paralyzes the logistics chain and nullifies the port's efficiency.
This failure has triggered a devastating cascade of consequences. Transporters' trucks and drivers are physically immobilized for days, unable to offload containers and redeploy for new cargo. This directly results in massive financial losses from lost revenue, skyrocketing operational costs (fuel, wages, parking), and the unjust threat of demurrage charges from the very shipping lines causing the delays. The immobilization of a significant portion of the trucking fleet disrupts national supply chains, harms the environment through unnecessary pollution from idling vehicles, and threatens the viability of transport businesses.
KTA places the responsibility for this crisis unequivocally on the shipping lines. Their failure stems from a fundamental neglect of their asset management and logistical duties, including the inadequate evacuation of containers and the poor management of their contracted depot infrastructure. This operational failure is now being unfairly transferred to transporters in the form of financial losses and penalties, a cost-shifting practice that is unacceptable and must be rectified immediately by the responsible parties. |
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Resolution status note:
|
The Secretariat advised that this is an operational issue that can be handled by the relevant stakeholders. Also there is no evidence to show any impact on the business. You are kindly advised to follow it up with the relevant authorties and resolve it amicably. |
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Products:
|
9801.00.45: - For motor vehicles for the transport of goods of heading 87.04, of a vehicle mass exceeding 2 000 kg or a G.V.M. exceeding 3 500 kg, or of a mass exceeding 1 600 kg and of a G.V.M. exceeding 3 500 kg per chassis fitted with a cab (excluding shuttle cars |
|
|
NTB-001-331 |
3. Technical barriers to trade (TBT)
B1: Import authorization/licensing related to technical barriers to trade |
2026-02-07 |
Kenya: Namanga |
Tanzania |
Resolved
2026-04-03 |
View |
|
Complaint:
|
Alphakrust who trade prawns and squid into Kenya market was charged KSH 6,050.00 per consignment as inspection fee, while the product is certified by Tanzania Bureau of Standard (TBS) and has been marked with notified mark as per EAC product certification regulations. The fee is contrary to the requirements of the EAC SQMT Act. |
|
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Resolution status note:
|
The charges were addressed and the refund process has already been initiated and is currently in progress. |
|
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Products:
|
0306.17: Frozen shrimps and prawns, even smoked, whether in shell or not, incl. shrimps and prawns in shell, cooked by steaming or by boiling in water (excl. cold-water shrimps and prawns) |
|
|
NTB-001-241 |
7.6. Lack of information on procedures (or changes thereof) |
2025-03-06 |
Kenya: Mandera |
Kenya |
Resolved
2025-05-30 |
View |
|
Complaint:
|
Tanzania Revenue Authority officers do not seem to have RECTS seals, therefore, demanding for facilitation from transporters. The facilitation includes, Per diem, incidental allowance, in transit allowance and fuel for the government vehicles. |
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Resolution status note:
|
The meeting noted that the complaint was administrative and should be referred to the Committee on Customs for consideration
The meeting noted that the trader did not pay the amount requested of them.
The NTB was referred to SCOC for consideration and resolution |
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Products:
|
6117.90: Parts of garments or clothing accessories, knitted or crocheted, n.e.s. |
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NTB-001-364 |
4. Sanitary & phyto-sanitary (SPS) measures
A1: Prohibitions/restrictions of imports for SPS reasons |
2026-01-07 |
Kenya: |
Ethiopia |
Resolved
2026-06-23 |
View |
|
Complaint:
|
Ethiopian maize quality standards are not accepted in Kenya, requiring additional conformity assessment. This has resulted for an extra costs of approximately 44,000 Kenyan Shillings per consignment, increasing the cost of doing business. |
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Resolution status note:
|
Kenya border officials reported that all consignments including maize, are subject to standard clearance procedures and are subject to regular fees. Kenya therefore requests Ethiopia provide evidence to support the claim. |
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NTB-001-249 |
6.5. Variable levies |
2025-02-04 |
Kenya: KRA |
Uganda |
Resolved
2025-11-25 |
View |
|
Complaint:
|
Excise duty being charged on onions, potatoes, potato crisps and potato chips transferred from Uganda to Kenya.
This means they are being treated as imports. This was effective 1st July 2022, at a rate of 25% imposed against the EAC CUP.
Kenya is requested to consider removing the excise duty with immediate effect |
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Resolution status note:
|
Uganda submitted that the discriminatory Law was repealed through the Finance amendment Act of 2025. |
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NTB-001-362 |
|
2025-09-23 |
Ethiopia: Ethio-Dibouti Railway |
Ethiopia |
Resolved
2026-07-08 |
View |
|
Complaint:
|
The Ethio-Djibouti Railway, in addition to providing transport services to the Dewele border, also offers freight forwarding services to exporters, either directly or through its agents. While the contractual agreement is established between the exporter and the railway operator, the actual service delivery is often carried out by third-party agents with whom exporters have no direct contact.
This arrangement limits the exporters ability to track consignments in real time. In several instances, exporters only become aware about the missing consignment at the border. So,the remaining/missing goods will be shipped separately through the same process, resulting in additional transport costs and delays. Consequently, there is a delay in meeting delivery deadlines, which affects the trader’s reliability and lead to financial losses as well. |
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Resolution status note:
|
The representative informed the Committee that the matter has been resolved. Previously, EDR had made it mandatory for exporters to use its freight forwarding services, which created significant operational challenges for traders. Following these concerns, EDR revised its practice, and exporters are now free to choose whether to use EDR's freight forwarding services or those of other service providers. |
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NTB-000-032 |
1.7. Discriminatory or flawed government procurement policies |
2004-05-27 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that goods exported to Ethiopia should be transported through the National Shipping Lines.
Kenya has complained that Ethiopian authorities require that all exporters to Ethiopia must use national shipping lines. |
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Resolution status note:
|
Ethiopian Government wrote to COMESA Secretariat on 7th January 2008 stating that they were now complying with Article 57 of the Treaty |
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NTB-000-050 |
1.7. Discriminatory or flawed government procurement policies |
2004-12-23 |
Ethiopia: Ministry of Trade |
Kenya |
Resolved
2009-02-04 |
View |
|
Complaint:
|
Requirement that transporters using the road network should use the Ethiopian transporters.
Kenya has complained that Ethiopian authorities require that all transporters must use Ethiopian transporters. |
|
|
Resolution status note:
|
Ethiopi wrote to COMESA secretariat on 7th January 2008 informing that they were complying with article 57 of the Treaty |
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NTB-000-788 |
2.3. Issues related to the rules of origin |
2017-06-01 |
Ethiopia: All Ethiopian banks. |
Egypt |
Resolved
2020-07-09 |
View |
|
Complaint:
|
Ethiopian banks are requiring invoices for sales to Ethiopian customers to be stamped by a Chamber of Commerce in Egypt as validation for letters of credit, which is contrary to COMESA rules. Indeed, as per Rule 10 of the COMESA Protocol on Rules of Origin, the only documentary evidence to demonstrate that a good originates from a COMESA Member State is a certificate of origin (not invoices). Consequently, any company should be able to issue an invoice from any country inside or outside the COMESA region, as long as the origin of the products themselves is correctly documented according to COMESA rules through a certificate of origin. Ethiopian banks should comply with Rule 10 of the COMESA Protocol on Rules of Origin and stop requiring invoices to be stamped by predetermined entities (including, inter alia, by a Chamber of Commerce in Egypt). |
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Resolution status note:
|
On 9 July , Egypt reported that Egypt accepted Ethiopia feedback which is compliant with the COMESA Rules of Origin |
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|
NTB-000-129 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-07-26 |
Eswatini: Bordergate |
Botswana |
Resolved
2011-06-06 |
View |
|
Complaint:
|
A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT. |
|
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Resolution status note:
|
The Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-129 |
2.10. Inadequate or unreasonable customs procedures and charges
Policy/Regulatory |
2009-07-26 |
Eswatini: Bordergate |
Botswana |
Resolved
2011-06-06 |
View |
|
Complaint:
|
A total lack of consistency in the application of customs procedures at all clearing offices especially with regards to VAT. |
|
|
Resolution status note:
|
Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-328 |
2.8. Lengthy and costly customs clearance procedures
Policy/Regulatory |
2009-09-09 |
Eswatini: Revenue Authority |
Eswatini |
Resolved
2011-06-06 |
View |
|
Complaint:
|
The customs declaration system linking Swaziland Borders is not automated. |
|
|
Resolution status note:
|
Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-332 |
2.3. Issues related to the rules of origin |
2009-09-09 |
Eswatini: Customs |
Eswatini |
Resolved
2010-07-28 |
View |
|
Complaint:
|
Delays have been experienced in the issuing Certificates of Origin |
|
|
Resolution status note:
|
Swaziland reported that Customs Department issues certificates of origin for exports destined to US through AGOA and EU through Euro 1. The Trade Promotion Unit issues certificates for SADC and COMESA. Therefore there is need for clarity on which of these institutions is causing delays. |
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|
NTB-000-130 |
2.8. Lengthy and costly customs clearance procedures |
2009-07-26 |
Eswatini: Bordergate |
Eswatini |
Resolved
2011-06-06 |
View |
|
Complaint:
|
Lack of proper customs procedures and harmonization at the boarder posts. Customs regulations differ per individual officer, per border post , per country. There is no standard procedure of operation which is common to SADC countries |
|
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Resolution status note:
|
Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
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|
Products:
|
2004.90: Vegetables and mixtures of vegetables, prepared or preserved otherwise than by vinegar or acetic acid, frozen (excl. preserved by sugar, and tomatoes, mushrooms, truffles and potatoes, unmixed) |
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|
NTB-000-329 |
2.13. Issues related to Pre-Shipment Inspections |
2009-09-09 |
Eswatini: Customs |
Eswatini |
Resolved
2010-07-28 |
View |
|
Complaint:
|
Swaziland borders are seriously understaffed and there is to control smuggling. |
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Resolution status note:
|
Swaziland reported that the Swaziland Revenue Authority (SRA) started operating in January 2011 and replaces the Department of Customs and Excise. The organization is therefore fairly new and is still in process of developing appropriate customs clearances procedures which will be uniformly applied at all border posts. This also applies to recruitment and training of staff which is still is ongoing to reach the desired levels which will bring efficiencies in the provision of service at all borders. |
|
|
NTB-000-330 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
Eswatini: Bordergate |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Anti Smuggling, Quality Control & Examination Teams at border posts lack proper equipment such as forklifts, motor vehicles to carry out inspection. |
|
|
Resolution status note:
|
Swaziland reported that the procurement of equipment is affected by the lack of financial resources. However, measures are taken to have goods examined at owner’s premises where equipment is available. |
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NTB-000-127 |
1.3. State subsidies, procurement, trading, state ownership
Policy/Regulatory |
2009-07-26 |
Eswatini: NAMBOARD |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Government owns several parastatals that carry out trade.NAMBOARD receives vegetables on consignment from farmers and sells in hotels etc. If the consignment spoils because it is not bought, the farmer loses. At the same time NAMBOARD issues out licences for importing of similar items to those it trades in. The products affected are maize, rice, wheat, fruits and vegetables, flour, poultry, animal feed. |
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Resolution status note:
|
Swaziland reported that NAMBOARD issues import permits for vegetables and wheat as per the infant industry protection provision in the SACU 2002 Agreement. |
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NTB-000-128 |
2.10. Inadequate or unreasonable customs procedures and charges |
2009-07-26 |
Eswatini: Bordergate |
South Africa |
Resolved
2010-11-22 |
View |
|
Complaint:
|
Lack of standardization in application of regulations, which currently differ per individual officer, per border post. |
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Resolution status note:
|
Swaziland reported that Standards in application of procedures are in place. Where these are not clear officers may use discretion. This results in non uniformity. |
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NTB-000-327 |
2.8. Lengthy and costly customs clearance procedures |
2009-09-09 |
Eswatini: Bordergate |
Eswatini |
Resolved
2010-11-22 |
View |
|
Complaint:
|
There is a lack of proper customs procedures and harmonization at the border posts as well as lack of an automated customs declaration system linking Swaziland Borders. |
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Resolution status note:
|
Swaziland reported that ASYCUDA ++ has been rolled out in 60 percent of the border posts. However it is fully operational on exports. Some modules especially those related to deferment on imports have not yet been implemented yet. Capacity constraints and lack of financial resources and telecommunications infrastructure continue to pose a challenge. Nonetheless, the amendment to the Customs and Excise Act seeking to introduce mandatory electronic declaration has gone through the first reading in Parliament. It is believed that the law will facilitate the allocation of resources to the automation programme. The Department has reviewed the Memorandum of Agreement signed with South Africa with an aim to initiate discussions that will lead to ICT interconnectivity. |
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