| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
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NTB-000-960 |
6.6. Border taxes |
2020-06-05 |
Zimbabwe: Beitbridge |
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Resolved
2022-10-20 |
View |
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Complaint:
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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. |
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Resolution status note:
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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 |
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NTB-000-958 |
8.6. Vehicle standards |
2020-05-20 |
Mozambique: Dondo Weigh Bridge
-19.578854, 34.728999 |
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Resolved
2022-10-20 |
View |
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Complaint:
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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.
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Resolution status note:
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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. |
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NTB-001-037 |
1.7. Discriminatory or flawed government procurement policies |
2018-03-01 |
Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES |
Kenya |
Resolved
2022-11-03 |
View |
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Complaint:
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Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.
Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.
URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.
This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
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Resolution status note:
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During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme. |
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NTB-001-068 |
1.9. Determination of eligibility of an exporting country by the importing country
Policy/Regulatory |
2022-06-16 |
Kenya: Ministry of Agriculture, Livestock, Fisheries and Cooperatives. (State Department of Livestock0 Directorate of Veterinary Services |
Tanzania |
Resolved
2023-02-20 |
View |
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Complaint:
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Happy sausage Ltd is meat processing company based in Arusha Tanzania. The company produced various types of sausages (fresh, smoked, cooked, fermented), bacon, harm, fresh, beef, lamb, pork and chicken. The company wanted to export its products in Republic of kenya. The company was advised to apply to the government of Kenya for ana import permit of meat and meat products sourced from Tanzania , particulary from its Arusha facility. The application letter is attached for easy reference. The DVS (Kenya) replied to the application through letter with Reference No. MOALF/SDL/DVS/VPH/GEN/54 dated 29th March, 2022 by citing key requirements for meat importation into Kenya(those guidelines included in the letter).
The company complied with all requirements . The dully filled risk assessment questionnaires was submitted to DVS (Kenya)on 12th April 2022 ( the questionnaires is attached for reference) . What remains undone is for the DVS (Kenya) to send staff to Tanzania to Inspect the slaughter and meat processing facility in Arusha. We humbly request the DVS (Kenya) to send its staff to inspect the facility so that to allow the the company to export meat and meat product in Kenya. |
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Resolution status note:
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The Regional meeting was informed that the DVS of Kenya looked at the risk assessment questionnaire submitted by Happy sausage ltd and approved their import permit. The issue was administrative and was resolved. |
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NTB-001-067 |
8.6. Vehicle standards |
2022-04-15 |
Kenya: |
Kenya |
Resolved
2023-02-20 |
View |
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Complaint:
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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:
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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-000-924 |
2.3. Issues related to the rules of origin
Policy/Regulatory |
2019-01-14 |
Uganda: Uganda Revenue Authority |
Kenya |
Resolved
2023-02-20 |
View |
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Complaint:
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Discriminatory treatment (Excise duty) of Kenyan manufactured products among others Pharmaceutical products. |
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Resolution status note:
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The regional Meeting held in February 2023 agreed that the NTB had been resolved |
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NTB-000-836 |
2.6. Additional taxes and other charges
Policy/Regulatory |
2018-10-26 |
Tanzania: Tanzania Dairy Board |
Rwanda |
Resolved
2023-02-20 |
View |
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Complaint:
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Milk exported to Tanzania attracts numerous charges collected by different institutions including Tanzania Bureau of Standards, Tanzania Foods and Drugs Authority and Tanzania Dairy Board.
Also, to import a kilogramme of milk in Tanzania, under the newly signed Animal Diseases and Animal Products Movement Control Regulations published on 31st August 2018 (Government Notice No 476) and which entered into force on 1st October 2018, Tanzania now requires to pay Tsh 2,000 on milk imported from outside the country from Tsh150. This is a 1,233% increase (https://allafrica.com/stories/201810030671.html ).
This is a total ban since milk imported cannot compete with the local one. |
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Resolution status note:
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URT reported to the regional meeting that TFDA does not exist, TBS and TMDA do not charge. Hence the issue of numerous charges is resolved. The Tanzania Dairy Board Charges have been revised from 2,000 to 1,000 through Government Notice number 478 of July 2022. The remaining charge is part of the ongoing process of harmonization of fees, levies, and charges. Hence the meeting agreed that the NTB is resolved. |
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NTB-000-857 |
8.3. Immigration requirements (Visa, travel permit) |
2018-10-01 |
Tanzania: Kilambo |
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Resolved
2023-02-20 |
View |
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Complaint:
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Tanzania charging of Business Visa of USD 250 to EAC business persons entering URT charged as Certificate of Temporary Assignment (CTA) at all borders |
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Resolution status note:
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The regulations went through the legal draftspersons. They decided to do away with having Regulations as this was not provided for under the CMP. However, some of the provisions that were in the Regulations were included in the revised EAC Schedule on Progressive Liberalization of Services. This includes the provision on the Removal of Barriers to Trade in Services. With this, all barriers under Trade in Services will be progressively removed as per the EAC Schedule. Hence the meeting agreed to resolve this NTB as it has been taken care of in the Schedule. |
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NTB-000-358 |
2.8. Lengthy and costly customs clearance procedures |
2010-02-10 |
Democratic Republic of the Congo: Ministry of Trade |
Tanzania |
Resolved
2023-02-20 |
View |
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Complaint:
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The process of obtaining DRC Ogeframe certificate delays cargo at the port and increases costs. Procedure is too long as it involves exporter paying fees at Tanzania Revenue Authority in DAr es Salaam Office and then take the document for endorsement by DRC. This is applicable only to transit goods to DRC. |
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Resolution status note:
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Member States agreed to resolve on the strength that no complaints had been received . |
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NTB-001-113 |
2.8. Lengthy and costly customs clearance procedures |
2023-01-01 |
Uganda: |
Kenya |
Resolved
2023-05-17 |
View |
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Complaint:
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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:
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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-001-082 |
2.6. Additional taxes and other charges |
2021-07-01 |
Kenya: Kenya Revenue Authority |
Uganda |
Resolved
2023-05-17 |
View |
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Complaint:
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Excise duty on imported onions, potatoes, potatoes crisps and potatoes chips effective 1st July 2022 at rate of 25% imposed by Kenya |
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Resolution status note:
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The 34th RMC noted that the provision of the Law is not applicable hence no NTB has occurred so far and Kenya is requested to amend their law and rectify it to avoid the NTB from occurring. This NTB has been resolved. |
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NTB-001-084 |
2.6. Additional taxes and other charges |
2022-07-01 |
Kenya: Customs |
Uganda |
Resolved
2023-05-17 |
View |
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Complaint:
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25% excise duty on table eggs imported table eggs as a new restriction
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Resolution status note:
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The 34th RMC meeting noted that the law was not being practiced and Uganda was not being affected by the law. Hence the NTB has been resolved |
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NTB-001-063 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2022-03-24 |
Zambia: Kasumbalesa |
Zimbabwe |
Resolved
2023-03-06 |
View |
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Complaint:
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There is slow Clearance by border agencies ( Zambia Customs) causing truck delays. Trucks following a queue 34km long at morning of 24 March 2022 . |
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Resolution status note:
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A Bilateral Ministerial Meeting between the Republic of Zambia and the Democratic Republic of Congo (DRC) was held on 6th March 2023. It was agreed that all border agencies of both countries put in place procedures to allow for 24-hour border operations at Kasumbalesa, Sakania, Mokambo and Kipushi in accordance with internal procedures.Based on the outcome of the Bilateral meeting, the NTB is resolved |
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NTB-001-064 |
8.5. Infrastructure (Air, Port, Rail, Road, Border Posts,) |
2022-03-24 |
Zambia: Mokambo Border to Mfulira Road |
Zimbabwe |
Resolved
2023-04-06 |
View |
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Complaint:
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The Mokambo Border to Mfulira road has become impassable with trucks getting stuck in the mud and being damaged as a result of the poor road condition |
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Resolution status note:
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During the COMESA Regional capacity building workshop for National focal Points held in Rwanda from 3-6 April 2023, Zambia focal point reported that reconstruction of the Mokambo border to Mfulira had been commenced. It was therefore recommend that this NTB be regarded as resolved considering that Zambia is taking efforts to reconstruct the road |
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NTB-000-966 |
5.5. Import licensing requirements |
2020-05-27 |
Zimbabwe: Chirundu |
Zambia |
Resolved
2023-04-06 |
View |
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Complaint:
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A Zambian exporter of yeast is experiencing challenges obtaining import permits from Authorities in Zimbabwe which are not issued when requested. This has been a hindrance to export of yeast to Zimbabwe. |
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Resolution status note:
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During the COMESA Regional Capacity Building Workshop for NMCs and National Focal Points held from 3 to 6 April 2023, Zimbabwe Focal Points reported that import permits were no longer required as the products have been placed on open general import licence. This NTB was therefore resolved . However, Zimbabwe was requested to provide the list of products requiring Import Licence |
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NTB-001-116 |
8.8. Issues related to transit |
2023-05-01 |
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Uganda |
Resolved
2023-07-03 |
View |
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Complaint:
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There are 13 road blocks between Nimule and Juba and traders are losing over SSP. 150,000 each. |
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Resolution status note:
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During the 42nd SCTIFI, the Republic of South Sudan reported that the SCTIFI directed South Sudan to remve all road blocks and this directive was implemented. There are only two road blocks from Nimule to Juba hence this NTB was resolved. |
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NTB-001-115 |
1.1. Export subsidies |
2023-02-01 |
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Kenya |
Resolved
2023-07-03 |
View |
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Complaint:
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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:
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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-001-078 |
1.2. Government monopoly in export/import
Policy/Regulatory |
2022-06-13 |
Kenya: Mombasa sea port |
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Resolved
2023-07-03 |
View |
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Complaint:
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The government of South Sudan through the Ministry of Transport on 25 Feb 2022 had request the government of Kenya through the Ministry of Transport to facilitate the clearing of all South Sudan cargo at Nairobi Dry Port by moving all containerize cargo by rail and to be cleared at a Private Container Freight Stations (CFS) Autoport Freight Terminals Ltd. When the directive was implemented on 13 June 2022, Stakeholders and the private sector in particulars did not appreciate the move and it see as monopolistic in nature and it did increase the cost of doing business for South Sudan importers, This was brought to the attention of the Ministry of Trade and Industry South Sudan which is the line ministry, The ministry of trade communicated to ministry of transport South Sudan on the implication raise by the private on the cost of import and the monopoly fact, after the consultation between the two ministry in South Sudan, The minister of Trade and Industry wrote two communication letters to the Ministry of Trade Kenya on 23rd May 2022 and Ministry of Transport Kenya on 13 June 2022. However, all the communication had not been responded to from Kenya ministries mention, on 28 July 2022 Members of Parliament summon the ministries of Trade and Transport and resolve to Suspend relocation of South Sudan Cargo via Nairobi to protect South Sudanese and the Minister of Transport South Sudan was requested to revoke his letter to the Ministry of Transport Kenya to allow South Sudanese cargo owner to clear their goods directly from the Port of Mombasa. On 28 July 2022 the Ministry of Transport South Sudan wrote to his counterpart in Kenya requesting the suspension of his previous letter dated 25 Feb 2022. All those communications did not bear fruit on trade facilitation update. Unfortunately on 4th October 2022 the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works. Wrote a letter to the National Treasury and Planning Kenya informing the Cabinet Secretary on not receiving any formal communication from South Sudan Government and for his guidance all South Sudanese cargo is to be rail and cleared at Nairobi.
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Resolution status note:
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The 42nd SCTIFI noted that Kenya reiterated Her commitment to facilitating the transportation of RSS people and cargo through a letter dated 13th December 2022 addressed to the Minister for Transport South Sudan informing him of a presidential directive on clearance of goods and other attendant operational issues at the port of Mombasa copied to all concerned MDAs of Kenya which is being followed to date. Hence the NTB is resolved. |
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NTB-000-657 |
5.15. Other
Policy/Regulatory |
2014-12-11 |
Tanzania: Various State Agencies |
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Resolved
2023-07-03 |
View |
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Complaint:
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Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products |
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Resolution status note:
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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. |
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NTB-001-040 |
2.3. Issues related to the rules of origin |
2021-10-14 |
Tanzania: URT TRA |
Kenya |
Resolved
2023-05-16 |
View |
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Complaint:
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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. |
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Resolution status note:
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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 |
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