| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-040 |
2.3. Issues related to the rules of origin |
2021-10-14 |
Tanzania: URT TRA |
Kenya |
Resolved
2023-05-16 |
View |
|
Complaint:
|
Tanzania denial of preferential market access for Apple Juice and Strawberry manufactured in Kenya while citing reasons that the products are not originating from Kenya. URT delayed the shipment instead of facilitating clearance as is required by the protocal and the EAC Rules of Origin then follow the process of reporting the matter to the secretariat for action/guidance. |
|
|
Resolution status note:
|
The RMC noted that the Verification report was considered and approved by the Committee on Customs and the SCTIFI in May and June 2023 respectively. The verification recommendations have been implemented whereby the qualified products have been granted preferential treatment. The SCTIFI noted that the products that qualify for preferential treatment can be allowed to access the market as the two Partner States consult bilaterally on the two products that do not qualify. Hence the NTB is resolved |
|
|
NTB-001-067 |
8.6. Vehicle standards |
2022-04-15 |
Kenya: |
Kenya |
Resolved
2023-02-20 |
View |
|
Complaint:
|
Non recognition of Truck specifications approved and registered in Uganda.Kenya charges truck drivers approximately 150,000 ksh with trucks that have three axle loads.These are recognized and approved for transportation by Uganda. The truck drivers after paying the penalty are required to apply for an exemption permit that should be applied for two weeks in advance which is an additional delay and amounts to an increase in business costs. |
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Resolution status note:
|
The meeting was informed that Kenya is implementing the East African Community Vehicle Load Control (Vehicle Dimensions and Axle Configurations) Regulations (EAC-VLC) Act and its subsequent regulations of 2018. The trucks affected were found to be in violation of the Law. The Act provides a maximum of 4 axles (2 steerings and 2 rear) on a rigid chassis vehicle which must not exceed 12 meters. Impounded vehicles had 5 axles on a rigid chassis vehicle which is not allowed by law. The meeting agreed that the Partner States need to abide by the EAC Laws. Hence the complaint is not an NTB. |
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|
NTB-001-079 |
2.6. Additional taxes and other charges |
2022-10-24 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-05-10 |
View |
|
Complaint:
|
RESUBMITION
DISCRIMINATORY CHARGES BY UGANDA : 18% VAT ON FROZEN WHOLE CHICKEN
In order to export poultry products to Uganda, a Kenyan farmer/producer is charged 18% VAT. It is important to note that in Uganda chicken is not vatable, yet they charge VAT on chicken from EAC countries.
The issue had been reported under NTB-001-010 and indicated as resolved. However, on checking in the URA system, VAT is still charged on frozen whole chicken meat |
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Resolution status note:
|
The NTB was considered and resolved under NTB-001-010. The new evidence provided was incomplete and could not furnish Uganda with enough information. Hence the issue is still considered resolved. |
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NTB-001-112 |
1.2. Government monopoly in export/import |
2023-01-01 |
Uganda: Ministry of Finance |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda Denial of Market Access to EAC Partner States Under Preferential Treatment by charging full CET of 35% to juices origination from Kenya transferred to Uganda by Bidcoro. |
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Resolution status note:
|
During the 43rd SCTIFI the Republic of Uganda informed the meeting that the company Bidcoro was under a country-specific duty remission scheme to import raw materials for the manufacture of fruit juice from September 2021.
Kenya informed the meeting that the company is no longer gazetted under the country-specific DRS
The meeting therefore agreed that the NTB is resolved |
|
|
NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
|
Complaint:
|
T1 generation delays:
T1 Mapping on to ICMS system from URA portal for generation of C2
• Goods are sometimes sent back to await clearance at the exporters’ expense.
• Truck Delays at loading bay due to lack of transport document to move along the corridor to partner state
• Time wasted, additional costs such as unit logistics costs due to number of days
-Delays at border Clearance- exit
a) Real time synchrony with partner agency systems as envisaged.
b) Quicker exit and entry clearances- online portal to facilitate trade on realtime. |
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Resolution status note:
|
The RMC noted that the issue was operational and such issues are handled by the SCT ICT technical working group. This technical working group was put in place to handle such ICT-related issues as they occur The meeting, therefore, agreed that it is better handled there and be removed from the TBP |
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|
NTB-001-114 |
1.7. Discriminatory or flawed government procurement policies |
2023-02-01 |
Uganda: URA |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
Uganda charging VAT of 18% on exercise books from Kenya while Uganda manufacturers of the exercise books are VAT exempt as per the provisions in the Uganda VAT Act. Uganda not exempting VAT on Kenya exercise books is disadvantaging Kenya exercise books as it makes it uncompetitive compared to local manufacturers.
Complete evidence provided Entry no C17644 Ref. 20222094001751.
We request Uganda to grant exemption of VAT on Kenya exercise books as provided in the Act.
Uganda should stop discrimination of Kenya exercise books as this is a re-occuring NTB, it was resolved and now it is back. |
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Resolution status note:
|
The 43rd Sectoral Council on Trade Industry Finance and Investment of February 2024 decided that NTB-001-114 on exercise books between the Republic of Uganda and Kenya was resolved through the amended VAT Act of 2022 (EAC / SCTIFI / 43 / 2024 / Decision 10 ) |
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NTB-001-115 |
1.1. Export subsidies |
2023-02-01 |
|
Kenya |
Resolved
2023-07-03 |
View |
|
Complaint:
|
Uganda subjecting full CET to export/transfered from Kenya Kenknit to Uganda. We urge Uganda to grant preferential treatment to Kenknit products that conform to origin. |
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Resolution status note:
|
On 3rd July 2023, the EAC NTB Unit reported the trader confirmed through the EAC Secretariat that the issue had been resolved |
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NTB-001-130 |
1.14. Lack of coordination between government institutions |
2023-09-30 |
Kenya: Busia |
Kenya |
Resolved
2023-10-11 |
View |
|
Complaint:
|
Dairy Board officers not in work over the weekend and week days after 1500HRS yet is 24 hr operational |
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Resolution status note:
|
The issue was addressed and the trader confirmed he was served |
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NTB-001-124 |
2.3. Issues related to the rules of origin |
2023-05-01 |
Tanzania: Namanga |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
URT denial of preferential Treatment to Motorcycle Accessories exported to TZ by Silverline Accessories LTD in Kenya. URT is charging full CET despite the exported spares having the EAC Certificate of origin confirming that the spares have been manufactured in Kenya and qualify for the EAC preferential treatment. In addition, URT have declined to respond to interventions by the Kenya Revenue Authority and the EAC Secretariat.
We request URT to grant preferential treatment to Motorcycle Accessories exported by Silverline LTD in Kenya and incase URT have any doubts on the origin they should facilitate delivery of the goods and follow the ROO/protocal/EACCMA procedures to verify & ascertain their concerns. |
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Resolution status note:
|
The 45th SCTIFI meeting noted that a verification was undertaken whereby the headlamps, tail lamps, and indicators qualified for preferential treatment and are being granted preferential treatment in the United Republic of Tanzania as directed by the 44th SCTIFI. The side mirrors however that had not qualified in the first verification also qualified for preferential tariff treatment under Rule 4(1) (b) of the EAC Rules of Origin, 2015, since they met both criteria i.e. material content and Change in Tariff Heading (CTH) after a second verification. |
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NTB-001-136 |
2.6. Additional taxes and other charges |
2023-10-03 |
Tanzania: TRA |
Kenya |
Resolved
2024-07-04 |
View |
|
Complaint:
|
URT Denial of preferential Market Access for Kibo Motorcycle transferred from Kenya into URT. URT is instead demanding for full CET instead of granting the preferential treatment as the motorcycle has been accompanied with the certificates of Origin. We urge URT to grant preferential treatment to Kenya manufactured motor cycles. |
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Resolution status note:
|
There was a mistake in the Certificate of Origin. Kenya needs to rectify it and Tanzania grants preferential treatment. This is not an NTB and hence should be removed from TBP. The NTBs are resolved |
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|
NTB-001-137 |
1.7. Discriminatory or flawed government procurement policies |
2023-09-04 |
Rwanda: Rwanda Revenue Authority |
Kenya |
Resolved
2024-03-20 |
View |
|
Complaint:
|
Rwanda has introduced higher excise duties on confectioneries transferred from Kenya to Rwanda thus making the products uncompetitive. We request Rwanda to waive these higher excise duties on confectioneries from Kenya
The Rwanda new excise tax is vide Rwanda Official and special gazette of 14/09/2023 under article 4: products and corresponding rates section 2 at FRW 322/kg to confectionary and Chocolate at FRW 1930/KG and other products. This will greatly increase the tax burden on confectionery and discourage Kenya trans-fer/export to Rwanda. |
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Resolution status note:
|
Rwanda advised that " According to Article 1 of the Law nº 050/2023 of 05/09/2023 establishing the excise duty, which provides that “This Law establishes the excise duty levied on some of the imported products and products manufactured in Rwanda”. It is clear that provision of Article 4 applies to Rwandan manufactured products and foreign manufactured products equally. Therefore, is no issue of discrimination.
On the other hand, this claim related to confectioneries is not an NTB because a non-tariff barrier is any measure, other than a customs tariff, that acts as a barrier to international trade. This issue is related to fees paid by manufacturers of confectioneries be they manufactured in Rwanda or in Kenya. Therefore, this claim of NTB should be withdrawn" |
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NTB-001-138 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authroity |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
SCT TRA at the ICD Kenya is delaying approval of export documents causing costly delays and non-timely delivery of products to clients in URT.
To release the tuck took 5 days. We have an issue with TRA where the physical documents have to be submitted manually. Exporters lodges documents waits for release, goes back for BT and still for a movement sheet and this is an online thing you must wait.
In case the movement sheet is not transmitted, exporters submit again for retransmission.
There is always a long queue in the ICD-TRA office that consumes a lot of time for exporters to be attended to.
This back-and-forth process is delaying the export process.
1. We request URT to resolve the matter and grant timely approval of export documents.
2. URT should automate the approvals and avoid manual approval.
3. When the SCT system is down, there should be quick resolution and an agreed time to release goods manually.
We request for timely delivery of goods to avoid the costly delays caused by URT.
Truck loaded on 24/10/2023
25/10/2023-Submitted physical file to Tra, release denied we were told to provide ETR receipt and tax invoice
26/102023- Submitted the file with all new requirements, release denied again, that the tax invoice does not match with the invoice on the assessment documents, the assessment document was declared based on proforma invoice
27/10/2023-Submitted the file again and release was issued ,BT was declared and received the same day from the agent..
30/10/2023-submitted the file again movement sheet was generated.
TZNG-23-1438288 & TZNG-23-1437343
26/9/2023- The files for the above assessment documents were submitted to TRA at ICD
• TZNG-23-1437343 - release was issued.
• TZNG-23-1438288 -was asked to compare manifest and compared the same date.
27/9/2023- the files were submitted again at 11 am
• TZNG-23-1437343- nothing was done.
• TZNG-23-1438288- release was issued.
On 27/9/2023 at 3 pm the files were submitted again
• TZNG-23-1437343-Movement sheet was generated.
• TZNG-23-1438288-movement sheet was generated.
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Resolution status note:
|
The Secretariat advised that this issue is operational and was not considered as an NTB" |
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NTB-001-139 |
1.1. Export subsidies |
2023-02-01 |
Tanzania: Tanzania Revenue Authority |
Kenya |
Resolved
2024-03-09 |
View |
|
Complaint:
|
1. stoves manufactured by the Burn Manufacturers company have been denied preferential market access when being transferred to URT; the reason being the company was under duty remission scheme. However, the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs. Further, Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
1)That Burn manufacturing was gazette for duty remission in the financial year, 2022-2023.
2)That the gazette notice has since expired, and reconciliations done on the consumption of they earlier DRS inputs (sample clearance letters attached)
3)That Burn Manufacturing Kenya, did not apply for renewal of the gazettement of DRS in the current financial year, 2023-2024.
Kenya request URT to allow the stoves being transferred by Burn manufacturing be accorded preferential treatment since they are originating in Kenya, in accordance with EAC Rules of Origin, 2015, and the company is nolonger under any remission scheme.
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Resolution status note:
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The Secretariat reported that the company was under duty remission and had not fulfilled the procedures they needed to follow after the expiry of the gazette" |
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NTB-001-189 |
1.8. Import bans |
2024-09-17 |
Malawi: Ministry of Trade & Industry |
Kenya |
Resolved
2025-03-10 |
View |
|
Complaint:
|
Malawi Ministry of Trade & Industry has introduced a new regulation for imports of sweets. Our customer applied for Import Permit 3 times and each time it was rejected. Our customer has tried every possible way however he has not managed. Malawi authorities are not giving the reason in writing. They have informed our customer verbaaly that because of the shortage of forex in Malawi, their superiors have informed them that they are not to issue the Import Permit for sweets. Also, there is a local manufacturer already making sweets so there is no reason to import.
This action has raised great concerns, as it contravenes the trade agreements under the Common Market for Eastern and Southern Africa (COMESA), to which both Kenya and Malawi are signatories.
We kindly request this issue be addressed promptly. |
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Resolution status note:
|
The Ministry of Trade and Industry granted an import licence to Manosalwa Food Industry on 10th March, 2025, for 31500 Cartons of Assorted sweets (Happy Mint, Fruit Drops, Cool Cow and Lollipops).
The licence was granted according to the quantity that was applied for. |
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NTB-001-205 |
2.3. Issues related to the rules of origin |
2024-07-01 |
Uganda: Busia |
Kenya |
Resolved
2025-04-29 |
View |
|
Complaint:
|
Uganda's denial of market access of biscuit and wafers manufactured and transferred into Uganda by Sunveat Industries of Kenya. Reason being that wheat flour materials supplied by Kenblest LTD benefited from imported wheat under Duty Remission Scheme (DRS) |
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Resolution status note:
|
Uganda advised that the NTB was resolved and attached the evidence of the movement of good |
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NTB-001-208 |
5.15. Other |
2024-05-01 |
Uganda: Fish protection unit |
Kenya |
Resolved
2025-05-30 |
View |
|
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. |
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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 |
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NTB-001-211 |
2.13. Issues related to Pre-Shipment Inspections |
2024-10-01 |
Uganda: UNBS |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by UNBS. Where the institution refused to recognize PERMITS Issued by KEBS. Unfortunately, efforts to engage with border and Headquarters UNBS officials have not been fruitful because the manufacturer didn't receive any help insisting that Kenya manufacturers pay the destination Inspection fee despite products having standardization marks with harmonized standards.
UNBS demand that payments for destination must be done without any other documents issued by UNBS.
Additionally, it’s been a challenge getting sample receipts when UNBS pick samples for every consignment. Manufacturers would demand drivers to pay for lack of evidence of the huge samples taken by UNBS. Also clients receive less paid items due to samples collected by UNBS. This is unfair and has raised concerns to Kenya manufacturers and clients in Uganda.
Affected products include cosmetics products |
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Resolution status note:
|
EAC has Harmonized Standards for Furniture, but they are not exhaustive. The trader was transferring types of furniture falling in a category where no harmonized standard exists. In such circumstances the goods might be subject to retesting.
The meeting hence noted that this was not an NTB but an operational challenge and should be referred to the Committee on Standards for consideration. |
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NTB-001-212 |
2.10. Inadequate or unreasonable customs procedures and charges |
2024-10-01 |
Uganda: URA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Kenya is experiencing unfair treatment by URA. Where the institution refuses to recognize the weights of export documents of the sealed goods, C2 and road consignment notes. Uganda usually issues notice of seizure for mis appropriation of weight across items. Unfortunately, efforts to engage with border officials have not been fruitful because the officers demand for 100% verification for all the consignments every time at the cost of the manufacturer. This is regardless the products being fragile and without good equipment to offload and load. At times the items brake causing loses to paid products.
All shipments to Uganda are subjected to 100% verification by URA, This has huge cost implications and delay in delivery of the goods. Some of the products affected include ceramic products - Close Couple Toilet, Basin and Pedestal. |
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Resolution status note:
|
The Senior Officials noted that it is a customs procedure to verify goods transferred and not an NTB. The meeting further emphasized the need for due consideration to be given considering the nature of the products which are fragile. |
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NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
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Resolution status note:
|
During the Sectoral Committee on Trade meeting Partner States agreed that the NTB be referred to the East African Standards Committee (EASC) for consideration. |
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NTB-001-213 |
5.14. Restrictive licenses
Policy/Regulatory |
2021-01-01 |
Rwanda: Rwanda FDA |
Kenya |
Resolved
2024-11-23 |
View |
|
Complaint:
|
Rwanda requires manufacturers in Kenya to register their cosmetic products with FDA. The process of pproduct registration is cumbersome, not clear and it takes long, sample of evidence attached shows payment was done in 2021 for 63 products but up to date only 37 products have been registered.
The registration and payment are demanded despite the products having the Kenya recognized quality marks (SMark) with harminised standard. This is a violation of the SQMT Act. In addition, Rwanda FDA had committed that they are not going to retest nor charge the same fees to products that have been certified with recognised SMark.
Invoice number $14,150 and invoice $1,600 FDA. Rwanda use these FDA registration to restrict our cosmetics products and food into Rwanda as Rwanda has not issued licenses for cosmetics since 2021. Additionally, these has reduced shipments of goods to Rwanda and the charges charged to products has made the prices rising. |
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Resolution status note:
|
During the Sectoral Committee on Trade meeting, Partner States agreed that this issue be referred to the East African Standards Committee (EASC) for consideration. |
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